Senate Bill No. 514
(By Senators Chafin, Love, Bailey and Green)
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[Introduced February 8, 2007; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §12-3A-7, relating to
information technology donations.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §12-3A-7, to read as
follows:
ARTICLE 3A. FINANCIAL ELECTRONIC COMMERCE.
§12-3A-7. Information technology donation.
(a) Notwithstanding any other provisions of this code to the
contrary, the State Treasurer is authorized to donate information
technology, as defined in section two, article six, chapter five-a
of this code, which the State Treasurer's office would otherwise
transfer to the state agency for surplus property of the Purchasing
Division of the Department of Administration, to political subdivisions and related organizations, educational facilities,
nonprofit organizations and other public, charitable or educational
entities or organizations in this state.
(b) The State Treasurer's office may donate obsolete or no
longer usable information technology pursuant to this section using
any written criteria it develops.
(c) The State Treasurer's office shall send any obsolete or no
longer usable information technology not donated or not held for
donation to the state agency for surplus property.
(d) The Treasurer's office shall keep records describing,
without limitation, each item donated, a description of it, its
age, the reasons for declaring it obsolete or unusable and the
receiving entity. The annual report of the State Treasurer's
office shall include a report on the items donated.
(e) Upon the receipt of donated information technology,
receiving entities become the owner and are responsible for the
donated information technology. The State of West Virginia, the
State Treasurer and any employee of the State Treasurer's Office,
in his or her official or personal capacity, are not responsible or
liable for any maintenance, repair, malfunction, failure, license,
operation, injury or other problem or loss occurring or occurred by
the receiving entity or any person or other entity in connection
with the donated information technology.
(NOTE: The purpose of this bill is to allow the State
Treasurer to donate surplus information technology to political
subdivision, educational, nonprofit, and charitable organizations.
Recipients of donated technology are liable for all matters
associated with the donated information technology.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)