63A-2-101.5. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/12/2020

As used in this chapter:

(1)"Division" means the Division of Purchasing and General Services created under Section 63A-2-101 .

(2)"Federal surplus property" means surplus property of the federal government of the United States.

(3)"Information technology equipment" means equipment capable of downloading, accessing, manipulating, storing, or transferring electronic data, including:

(a)a computer;

(b)a smart phone, electronic tablet, personal digital assistant, or other portable electronic device;

(c)a digital copier or multifunction printer;

(d)a flash drive or other portable electronic data storage device;

(e)a server; and

(f)any other similar device.

(4)"Person with a disability" means a person with a severe, chronic disability that:

(a)is attributable to a mental or physical impairment or a combination of mental and physical impairments; and

(b)is likely to continue indefinitely.

(5)"Property act" means the Federal Property and Administrative Services Act of 1949, 40 U.S.C. Sec. 549.

(6)"Purchasing director" means the director of the division appointed under Section 63A-2-102 .

(7)"Smart phone" means an electronic device that combines a cell phone with a hand-held computer, typically offering Internet access, data storage, and text and email capabilities.

(8)"State agency" means any executive branch department, division, or other agency of the state.

(9)"State surplus property":

(a)means state-owned property, whether acquired by purchase, seizure, donation, or otherwise:

(i)that is no longer being used by the state or no longer usable by the state;

(ii)that is out of date;

(iii)that is damaged and cannot be repaired or cannot be repaired at a cost that is less than the property's value;

(iv)whose useful life span has expired; or

(v)that the state agency possessing the property determines is not required to meet the needs or responsibilities of the state agency;

(b)includes:

(i)a motor vehicle;

(ii)equipment;

(iii)furniture;

(iv)information technology equipment;

(v)a supply; and

(vi)an aircraft; and

(c)does not include:

(i)real property;

(ii)an asset of the School and Institutional Trust Lands Administration, established in Section 53C-1-201 ;

(iii)a firearm or ammunition; or

(iv)an office or household item made of aluminum, paper, plastic, cardboard, or other recyclable material, without any meaningful value except for recycling purposes.

(10)"State surplus property contractor" means a person in the private sector under contract with the state to provide one or more services related to the division's program for the management and disposition of state surplus property.

(11)"Surplus property program" means the program relating to state surplus property under Part 4, Surplus Property Service .

(12)"Surplus property program administrator" means:

(a)the purchasing director, if the purchasing director administers the surplus property program; or

(b)the state surplus property contractor, if the state surplus property contractor administers the surplus property program.

Amended by Chapter 243 , 2020 General Session