Utah Code > Title 11 > Chapter 54 – Local Government Sale of Procurement Item


§ 11-54-101	Title
§ 11-54-102	Definitions
§ 11-54-103	Sale of previously purchased item — Limitations

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Terms Used In Utah Code > Title 11 > Chapter 54 - Local Government Sale of Procurement Item

Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Agency: means :
(6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
(6)(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
Allegation: something that someone says happened.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Application: means a document:
     (10)(a)
          (10)(a)(i) completed by an applicant to provide information about the risk to be insured; and
          (10)(a)(ii) that contains information that is used by the insurer to evaluate risk and decide whether to:
               (10)(a)(ii)(A) insure the risk under:
                    (10)(a)(ii)(A)(I) the coverage as originally offered; or
                    (10)(a)(ii)(A)(II) a modification of the coverage as originally offered; or
               (10)(a)(ii)(B) decline to insure the risk; or
     (10)(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Arrest: Taking physical custody of a person by lawful authority.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Bail bond: means a bail bond insurance product for a specified monetary amount that is:
     (1)(a) executed by a bail bond producer licensed in accordance with Section 31A-35-401; and
     (1)(b) issued to a court, magistrate, or authorized officer to secure:
          (1)(b)(i) the release of a person from incarceration; and
          (1)(b)(ii) the appearance of the released person at court hearings the person is required to attend. See Utah Code 31A-35-102
Bail bond agency: means any sole proprietor or entity that:
     (2)(a) is licensed under Subsection 31A-35-404(1) or (2);
     (2)(b)
          (2)(b)(i) is the agent of a surety insurer that sells a bail bond in connection with judicial proceedings;
          (2)(b)(ii) pledges the assets of a letter of credit from a Utah depository institution for a bail bond in connection with judicial proceedings; or
          (2)(b)(iii) pledges personal or real property, or both, as security for a bail bond in connection with judicial proceedings; and
     (2)(c) receives or is promised money or other things of value for a service described in Subsection (2)(b). See Utah Code 31A-35-102
Bail bond insurance: means a guarantee that a person will attend court when required, up to and including surrender of the person in execution of a sentence imposed under Subsection 77-20-501(1), as a condition to the release of that person from confinement. See Utah Code 31A-1-301
Bail bond producer: means an individual who:
     (3)(a) is appointed by:
          (3)(a)(i) a surety insurer that sells bail bonds; or
          (3)(a)(ii) a bail bond agency licensed under this chapter;
     (3)(b) is appointed to execute or countersign undertakings of bail in connection with judicial proceedings; and
     (3)(c) receives or is promised money or other things of value for engaging in an act described in Subsection (3)(b). See Utah Code 31A-35-102
Bail enforcement agent: means the same as that term is defined in Section 53-11-102. See Utah Code 31A-35-102
Board: means the Bail Bond Oversight Board created in Section 31A-35-201. See Utah Code 31A-35-102
Board of canvassers: means the state board of canvassers created in Section 20A-4-306. See Utah Code 67-1b-102
Buyback purchaser: means a person who buys a procurement item from the local government entity to which the person previously sold the procurement item. See Utah Code 11-54-102
Captive insurance company: means :
     (21)(a) an insurer:
          (21)(a)(i) owned by a parent organization; and
          (21)(a)(ii) whose purpose is to insure risks of the parent organization and other risks as authorized under:
               (21)(a)(ii)(A) Chapter 37, Captive Insurance Companies Act; and
               (21)(a)(ii)(B) Chapter 37a, Special Purpose Financial Captive Insurance Company Act; or
     (21)(b) in the case of a group or association, an insurer:
          (21)(b)(i) owned by the insureds; and
          (21)(b)(ii) whose purpose is to insure risks of:
               (21)(b)(ii)(A) a member organization;
               (21)(b)(ii)(B) a group member; or
               (21)(b)(ii)(C) an affiliate of:
                    (21)(b)(ii)(C)(I) a member organization; or
                    (21)(b)(ii)(C)(II) a group member. See Utah Code 31A-1-301
Certificate: means a certificate of authority issued under this chapter to allow an insurer to operate as a surety insurer. See Utah Code 31A-35-102
City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Contract: A legal written agreement that becomes binding when signed.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means the Insurance Department. See Utah Code 31A-1-301
Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
Employee: means :
(57)(a) an individual employed by an employer; or
(57)(b) an individual who meets the requirements of Subsection (55)(b). See Utah Code 31A-1-301
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Excess repurchase amount: means the difference between:
(2)(a) the amount a buyback purchaser pays to a local government entity to purchase a procurement item that the buyback purchaser previously sold to the local government entity; and
(2)(b) the amount the local government entity paid to the buyback purchaser to purchase the procurement item. See Utah Code 11-54-102
Executive branch: means :
          (2)(a)(i) the governor, the governor's staff, and the governor's appointed advisors;
          (2)(a)(ii) the lieutenant governor and lieutenant governor's staff;
          (2)(a)(iii) cabinet level officials;
          (2)(a)(iv) except as provided in Subsection (2)(b), an agency, board, department, division, committee, commission, council, office, or other administrative subunit of the executive branch of state government;
          (2)(a)(v) except as provided in Subsection (2)(b), a cabinet officer, elected official, executive director, or board or commission vested with:
               (2)(a)(v)(A) policy making and oversight responsibility for a state executive branch agency; or
               (2)(a)(v)(B) authority to appoint and remove the director of a state executive branch agency;
          (2)(a)(vi) executive ministerial officers;
          (2)(a)(vii) each gubernatorial appointee to a state board, committee, commission, council, or authority;
          (2)(a)(viii) each executive branch management position, as defined in Section Utah Code 67-1b-102
Fiduciary: A trustee, executor, or administrator.
Filed: means that a filing is:
          (69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
          (69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
          (69)(a)(iii) accompanied by the appropriate fee in accordance with:
               (69)(a)(iii)(A) Section 31A-3-103; or
               (69)(a)(iii)(B) rule. See Utah Code 31A-1-301
Filing: when used as a noun, means an item required to be filed with the department including:
     (70)(a) a policy;
     (70)(b) a rate;
     (70)(c) a form;
     (70)(d) a document;
     (70)(e) a plan;
     (70)(f) a manual;
     (70)(g) an application;
     (70)(h) a report;
     (70)(i) a certificate;
     (70)(j) an endorsement;
     (70)(k) an actuarial certification;
     (70)(l) a licensee annual statement;
     (70)(m) a licensee renewal application;
     (70)(n) an advertisement;
     (70)(o) a binder; or
     (70)(p) an outline of coverage. See Utah Code 31A-1-301
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Form: means one of the following prepared for general use:
          (74)(a)(i) a policy;
          (74)(a)(ii) a certificate;
          (74)(a)(iii) an application;
          (74)(a)(iv) an outline of coverage; or
          (74)(a)(v) an endorsement. See Utah Code 31A-1-301
Fraud: Intentional deception resulting in injury to another.
Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
Governor-elect: means , during a transition period, an individual whom the board of canvassers determines to be the successful candidate for governor after a general election for the office of governor, if that successful candidate is an individual other than the incumbent governor. See Utah Code 67-1b-102
Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
     (83)(a) a professional service;
     (83)(b) a personal service;
     (83)(c) a facility;
     (83)(d) equipment;
     (83)(e) a device;
     (83)(f) supplies; or
     (83)(g) medicine. See Utah Code 31A-1-301
health insurance: means insurance providing:
(84)(a)(i) a health care benefit; or
(84)(a)(ii) payment of an incurred health care expense. See Utah Code 31A-1-301
Incoming gubernatorial administration: means a governor-elect, a governor-elect's staff, a lieutenant governor-elect, and a lieutenant governor-elect's staff. See Utah Code 67-1b-102
Indemnitor: means an entity or natural person that enters into an agreement with a bail bond agency to hold the bail bond agency harmless from loss incurred as a result of executing a bail bond. See Utah Code 31A-35-102
Individual: means a natural person. See Utah Code 31A-1-301
Insurance: includes :
          (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
          (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
          (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
          (103)(a)(i) a policyholder;
          (103)(a)(ii) a subscriber;
          (103)(a)(iii) a member; and
          (103)(a)(iv) a beneficiary. See Utah Code 31A-1-301
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
Liability insurance: includes :
          (112)(b)(i) vehicle liability insurance;
          (112)(b)(ii) residential dwelling liability insurance; and
          (112)(b)(iii) making inspection of, and issuing a certificate of inspection upon, an elevator, boiler, machinery, or apparatus of any kind when done in connection with insurance on the elevator, boiler, machinery, or apparatus. See Utah Code 31A-1-301
License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
Lien: A claim against real or personal property in satisfaction of a debt.
Lieutenant governor-elect: means , during a transition period, an individual whom the board of canvassers determines to be the successful candidate for lieutenant governor after a general election for the office of lieutenant governor, if that successful candidate is an individual other than the incumbent lieutenant governor. See Utah Code 67-1b-102
Limited lines producer: means a person who sells, solicits, or negotiates limited lines insurance. See Utah Code 31A-1-301
Liquid assets: means financial holdings that can be converted into cash in a timely manner without the loss of principal. See Utah Code 31A-35-102
Local government entity: means a county, city, town, special district, special service district, community reinvestment agency, conservation district, or school district that is not subject to Title 63G, Chapter 6a, Utah Procurement Code. See Utah Code 11-54-102
Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Municipality: means :
     (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
     (5)(b) a town, as classified in Section 10-2-301; or
     (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Office of the Legislative Fiscal Analyst: means the office created in Section 36-12-13. See Utah Code 67-1b-102
Order: means an order of the commissioner. See Utah Code 31A-1-301
Oversight: Committee review of the activities of a Federal agency or program.
Person: includes :
     (146)(a) an individual;
     (146)(b) a partnership;
     (146)(c) a corporation;
     (146)(d) an incorporated or unincorporated association;
     (146)(e) a joint stock company;
     (146)(f) a trust;
     (146)(g) a limited liability company;
     (146)(h) a reciprocal;
     (146)(i) a syndicate; or
     (146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
Person: means :
     (24)(a) an individual;
     (24)(b) an association;
     (24)(c) an institution;
     (24)(d) a corporation;
     (24)(e) a company;
     (24)(f) a trust;
     (24)(g) a limited liability company;
     (24)(h) a partnership;
     (24)(i) a political subdivision;
     (24)(j) a government office, department, division, bureau, or other body of government; and
     (24)(k) any other organization or entity. See Utah Code 68-3-12.5
Personal property: All property that is not real property.
Personal property: includes :
     (25)(a) money;
     (25)(b) goods;
     (25)(c) chattels;
     (25)(d) effects;
     (25)(e) evidences of a right in action;
     (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
     (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
Policy: includes a service contract issued by:
          (150)(b)(i) a motor club under Chapter 11, Motor Clubs;
          (150)(b)(ii) a service contract provided under Chapter 6a, Service Contracts; and
          (150)(b)(iii) a corporation licensed under:
               (150)(b)(iii)(A) Chapter 7, Nonprofit Health Service Insurance Corporations; or
               (150)(b)(iii)(B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
Premium: means the specified monetary amount used to purchase a bail bond. See Utah Code 31A-35-102
Principal: means a person that:
(10)(a) guarantees the performance of a bail bond; or
(10)(b) owns not less than 10% of the bail bond agency. See Utah Code 31A-35-102
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Procurement item: means the same as that term is defined in Section 63G-6a-103. See Utah Code 11-54-102
producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
Property: includes both real and personal property. See Utah Code 68-3-12.5
Quorum: The number of legislators that must be present to do business.
Rate: means :
          (163)(a)(i) the cost of a given unit of insurance; or
          (163)(a)(ii) for property or casualty insurance, that cost of insurance per exposure unit either expressed as:
               (163)(a)(ii)(A) a single number; or
               (163)(a)(ii)(B) a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:
                    (163)(a)(ii)(B)(I) expenses;
                    (163)(a)(ii)(B)(II) profit; and
                    (163)(a)(ii)(B)(III) individual insurer variation in loss experience. See Utah Code 31A-1-301
Rebate: means a licensee paying, allowing, giving, or offering to pay, allow, or give, directly or indirectly:
          (166)(a)(i) a refund of premium or portion of premium;
          (166)(a)(ii) a refund of commission or portion of commission;
          (166)(a)(iii) a refund of all or a portion of a consultant fee; or
          (166)(a)(iv) providing services or other benefits not specified in an insurance or annuity contract. See Utah Code 31A-1-301
Record: means the same as that term is defined in Section 63G-2-103. See Utah Code 67-1b-102
Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Security: means a:
          (176)(a)(i) note;
          (176)(a)(ii) stock;
          (176)(a)(iii) bond;
          (176)(a)(iv) debenture;
          (176)(a)(v) evidence of indebtedness;
          (176)(a)(vi) certificate of interest or participation in a profit-sharing agreement;
          (176)(a)(vii) collateral-trust certificate;
          (176)(a)(viii) preorganization certificate or subscription;
          (176)(a)(ix) transferable share;
          (176)(a)(x) investment contract;
          (176)(a)(xi) voting trust certificate;
          (176)(a)(xii) certificate of deposit for a security;
          (176)(a)(xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
          (176)(a)(xiv) commodity contract or commodity option;
          (176)(a)(xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (176)(a)(i) through (xiv); or
          (176)(a)(xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301
Sell: means to exchange a contract of insurance:
     (179)(a) by any means;
     (179)(b) for money or its equivalent; and
     (179)(c) on behalf of an insurance company. See Utah Code 31A-1-301
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
     (34)(a) sex and reproductive organ anatomy;
     (34)(b) chromosomal makeup; and
     (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Small employer: means , in connection with a health benefit plan and with respect to a calendar year and to a plan year, an employer who:
          (182)(a)(i)
               (182)(a)(i)(A) employed at least one but not more than 50 eligible employees on business days during the preceding calendar year; or
               (182)(a)(i)(B) if the employer did not exist for the entirety of the preceding calendar year, reasonably expects to employ an average of at least one but not more than 50 eligible employees on business days during the current calendar year;
          (182)(a)(ii) employs at least one employee on the first day of the plan year; and
          (182)(a)(iii) for an employer who has common ownership with one or more other employers, is treated as a single employer under Utah Code 31A-1-301
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Statute: A law passed by a legislature.
Subpoena: A command to a witness to appear and give testimony.
Surety insurer: means an insurer that:
     (11)(a) is licensed under Chapter 4, Insurers in General, Chapter 5, Domestic Stock and Mutual Insurance Corporations, or Chapter 14, Foreign Insurers;
     (11)(b) receives a certificate under this title; and
     (11)(c) sells bail bonds in connection with judicial proceedings. See Utah Code 31A-35-102
Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
Title insurance: means the insuring, guaranteeing, or indemnifying of an owner of real or personal property or the holder of liens or encumbrances on that property, or others interested in the property against loss or damage suffered by reason of liens or encumbrances upon, defects in, or the unmarketability of the title to the property, or invalidity or unenforceability of any liens or encumbrances on the property. See Utah Code 31A-1-301
Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Transition period: means the period of time beginning the day after the meeting of the board of canvassers under Section 20A-4-306 in a year in which the board of canvassers determines that the successful candidate for governor is an individual other than the incumbent governor, and ending on the first Monday of the next January. See Utah Code 67-1b-102
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Utah depository institution: means a depository institution, as defined in Section 7-1-103, that:
(12)(a) has Utah as its home state; or
(12)(b) operates a branch in Utah. See Utah Code 31A-35-102
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Writ: means an order or precept in writing, issued in the name of:
     (47)(a) the state;
     (47)(b) a court; or
     (47)(c) a judicial officer. See Utah Code 68-3-12.5
Writing: includes :
     (48)(a) printing;
     (48)(b) handwriting; and
     (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5