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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to the resale of a procurement item.
10 Highlighted Provisions:
11 This bill:
12 ▸ imposes requirements and places limits on a state or local government entity that
13 sells a procurement item to the original seller for more than the purchase price.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 ENACTS:
20 11-54-101, Utah Code Annotated 1953
21 11-54-102, Utah Code Annotated 1953
22 11-54-103, Utah Code Annotated 1953
23 63G-6a-110, Utah Code Annotated 1953
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25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 11-54-101 is enacted to read:
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28 11-54-101. Title.
29 This chapter is known as "Local Government Sale of Procurement Item."
30 Section 2. Section 11-54-102 is enacted to read:
31 11-54-102. Definitions.
32 As used in this chapter:
33 (1) "Buyback purchaser" means a person who buys a procurement item from the local
34 government entity to which the person previously sold the procurement item.
35 (2) "Excess repurchase amount" means the difference between:
36 (a) the amount a buyback purchaser pays to a local government entity to purchase a
37 procurement item that the buyback purchaser previously sold to the local government entity;
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39 (b) the amount the local government entity paid to the buyback purchaser to purchase
40 the procurement item.
41 (3) "Local government entity" means a county, city, town, metro township, local
42 district, special service district, community development and renewal agency, conservation
43 district, or school district that is not subject to Title 63G, Chapter 6a, Utah Procurement Code.
44 (4) "Procurement item" means the same as that term is defined in Section 63G-6a-103.
45 Section 3. Section 11-54-103 is enacted to read:
46 11-54-103. Sale of previously purchased item -- Limitations.
47 A local government entity that sells a procurement item to a buyback purchaser for an
48 amount that exceeds the amount the local government entity paid for the procurement item:
49 (1) shall require the buyback purchaser to pay cash for the procurement item;
50 (2) may not accept the excess repurchase amount in the form of a credit, discount, or
51 other incentive on a future purchase that the local government entity makes from the buyback
52 purchaser; and
53 (3) may not use the excess repurchase amount to acquire an additional procurement
54 item from the person who paid the excess repurchase amount.
55 Section 4. Section 63G-6a-110 is enacted to read:
56 63G-6a-110. Sale of previously purchased procurement item -- Limitations.
57 (1) As used in this section:
58 (a) "Buyback purchaser" means a person who buys a procurement item from the
59 procurement unit to which the person previously sold the procurement item.
60 (b) "Excess repurchase amount" means the difference between:
61 (i) the amount a buyback purchaser pays to a procurement unit to purchase a
62 procurement item that the buyback purchaser previously sold to the procurement unit; and
63 (ii) the amount the procurement unit paid to the buyback purchaser to purchase the
64 procurement item.
65 (2) A procurement unit that sells a procurement item to a buyback purchaser for an
66 amount that exceeds the amount the procurement unit paid for the procurement item:
67 (a) shall require the buyback purchaser to pay cash for the procurement item;
68 (b) may not accept the excess repurchase amount in the form of a credit, discount, or
69 other incentive on a future purchase that the procurement unit makes from the buyback
70 purchaser; and
71 (c) may not use the excess repurchase amount to acquire an additional procurement
72 item from the person who paid the excess repurchase amount.