H. B. 4038
(By Delegates Campbell, Eldridge, Lane, Longstreth, Marshall,
Paxton, Poling, Stephens, Sumner and TabbSPONSOR)
[Originating in the Committee on EducationDATECOMMITTEE.]
(January 17, 2006)
A BILL to amend Bill Titlethe Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §5A-6-9, relating
to
donation and transfer of surplus personal computers and
other information systems, technology and equipment for
educational purposes; making legislative findings; providing
process for state spending unit notice to chief technology
officer when disposing of certain commodities; examination
and identification of usable commodities to agency for
surplus property and school systems; reservation of
identified commodities by agency for surplus property for
donation and transfer to county boards; distribution method
established by department; authority to charge and assess
fees; authorizing county boards to donate computer hardware
and software being replaced to students; state board
guidelines
; obligation for serviceability.
Title Language
Be it enacted by the Legislature of West Virginia:
That Enacting Sectionthe Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §5A-6-9, to read as follows:
ARTICLE 6. OFFICE OF TECHNOLOGY.
§5A-6-9. Computer donation program.
(a) The Legislature finds that some of the personal
computers and other information systems, technology and equipment
now owned or in the future acquired by the state, when they
become obsolete or unusable or are not being used or should be
replaced for the purposes of the respective state agency spending
unit, may be usable by county boards of education. The
Legislature further finds that personal computers and other
information systems, technology and equipment are vital tools for
providing a quality education and that the Legislature has
appropriated and continues to appropriate substantial funds for
the purchase of personal computers and other information systems,
technology and equipment for the public schools. Therefore, the
Legislature finds that when these commodities are being disposed
of by state agency spending units and may be usable by county
boards of education, the most advantageous disposition for the
disposal of these commodities is the donation and transfer of
them to county boards of education.
(b) The Secretary shall cause to be promulgated by the
appropriate divisions and agency for surplus property any rules
which may be necessary for the implementation of the following
provisions in a coordinated manner:
(1) A state spending unit that is disposing of personal
computers and other information systems, technology and equipment that is four years old or less and that is required to dispose of
these commodities with the State Agency for Surplus Property
shall first notify the Chief Technology Officer;
(2) The Chief Technology Officer shall examine the personal
computers and other information systems, technology and equipment
to determine whether they meet the minimum criteria for use in
the public school system as he or she shall establish in
consultation with the public school system;
(3) When the Chief Technology Officer determines that a
personal computer or other information system, technology or
equipment meets the minimum criteria for use in the public school
system, he or she shall identify the commodity to the State
Agency for Surplus Property and the Department of Education;
(4) Notwithstanding section forty-five, article three of
this chapter, the State Agency for Surplus Property, prior to
making any other determination or disposition of the commodities
identified to it by the chief technology officer, shall reserve
the commodities for a reasonable time period of not less than
thirty days for donation and transfer to county boards of
education in accordance with a fair and equitable distribution
method established by the Department of Education. The State
Agency for Surplus Property may charge and assess fees reasonably
related to the costs of the care, handling and distribution
related to the transfer; and
(5) The Department of Education shall notify county boards
of the availability of personal computers and other information systems, technology and equipment identified to it by the Chief
Technology Officer as meeting the minimum criteria for use in the
public school system.
(c) County boards of education may donate obsolete hardware
and software to be replaced through the state basic skills and
SUCCESS programs to public school students in accordance with a
rule promulgated by the state board. The rule shall provide for
at least the following:
(1) Removal of all confidential information from the
hardware and software to be donated, as well as any programs or
other information necessary to preserve proprietary or licensing
agreements;
(2) Criteria for determining student financial need and
eligibility;
(3) A method for notifying the parents of eligible students
of the availability of the donations and for distributing the
donations to those who desire them on the basis of those with the
greatest need; and
(4) A reporting system for the compilation of information
concerning the number and socioeconomic characteristics of
recipient students.
(d) Nothing in this section obligates the state or county
boards of education for the serviceability of a commodities or
expendable commodities donated.
§5A-6-9 is new, therefore strike-throughs and underscoring
have been omitted.