Sale of surplus commodities to not-for-profit organizations before offer for sale to public — Definitions

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  1. (a) As used in this section:

    1. (1) “Commodities” means commodities under § 19-11-203; and

    2. (2) “Not-for-profit organization” means a private corporation under § 4-28-201 et seq. that:

      1. (A) Has a benevolent, philanthropic, patriotic, or charitable purpose; and

      2. (B) Performs a function that would be performed at the public expense if it were not performed by the organization.

  2. (b) Before a state, county, or municipal government entity offers surplus commodities for sale to the public, the state, county, or municipal government entity:

    1. (1) Shall consider offers by not-for-profit organizations for the surplus commodities made by not-for-profit organizations; and

    2. (2) May accept a reasonable bid or offer for the surplus commodities from a not-for-profit organization.


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