H. B. 3123
(By Delegates M. Poling and Paxton
)
[Introduced January 13, 2010; referred to the
Committee on Education then Finance.]
A BILL to amend the 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 the Department of Education; 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; and obligation for serviceability.
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 §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 public school students. 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 public school students, the most advantageous
disposition for the disposal of these commodities is the donation
and transfer of them to the State Department of Education. The
department shall then promulgate rules, pursuant to section twenty-
nine-a, article three of this code, to establish a definition of
"low income student" and procedures by which the computers are
given directly to these low income students.
(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 the Department 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
Student Utilization of Computers in Curriculum forth Enhancement of
Scholastic Skills 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 commodities or
expendable commodities donated.
NOTE: The purpose of this bill is to provide for the donation
and transfer of personal computers and other information systems to
the Department of Education when these commodities are being
disposed of by state agency spending units.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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