HB4421 H GO AM 2-9

Roskovensky 3338

    The Committee on Government Organization moves to amend the bill on page 1, line 16, by striking everything after the enacting clause and inserting in lieu thereof the following:

    “That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §5A-6-9, to read as follows:


§5A-6-9. Guidelines for information disposal and media sanitation.

    (a) The Office of Technology shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to ensure information technology equipment is properly cleansed before disposal or transfer to another agency or organization.

    (b) The rule shall:

    (1) Require that information technology equipment to be cleansed using appropriate and effective methods commensurate with the data, decommissioning agency and the planned disposition of the device;

    (2) Be consistent with the guidelines established by the National Institute of Standards and Technology for media sanitation; and,

    (3) Permit the Chief Technology Officer to distribute the information technology equipment for reuse by another state spending unit, send the information technology equipment to a state authorized recycler or send the information technology equipment to a certified information technology equipment refurbisher.

    (c) Transfers and disposal of information technology equipment are specifically exempt from the surplus property requirements enumerated in sections forty three through forty-six, article three of this chapter.