Senate Bill No.63
(By Senators Sharpe, Minard, Minear, Sprouse, Hunter, Ross,
Kessler, Oliverio and Rowe)
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[Introduced February 14, 2001; referred to the
Committee on Government Organization.]
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A BILL to amend and reenact sections one, two and three, article
four-b, chapter twelve of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating
to providing for the creation and administration by the
state auditor of a statewide computer donation program;
development of procedural rules; and replacing legislative
rules with a progress and administration report to the
Legislature regarding the program.
Be it enacted by the Legislature of West Virginia:
That sections one, two and three, article four-b, chapter
twelve of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as
follows:
ARTICLE 4B. COMPUTER DONATION PROGRAM.
§12-4B-1. Legislative findings.
The Legislature finds that:
(a) Public schools, juvenile detention centers and municipal
and county public safety offices are always in need of computers,
telecommunications devices and other technological equipment,
while the acquisition of such is a costly enterprise;
(b)
The state auditor State agencies must frequently
purchase such computers, telecommunications devices and other
technological equipment as is necessary for their interaction
with national and international financial services industries,
similar agencies, institutions and to improve services to the
citizens of our state;
(c) The purchase by
the state
auditor agencies of modern
computers, telecommunications devices and other technological
equipment frequently results in the surplus of such existing
equipment;
(d) Surplus equipment is generally obsolete
or no longer
useful for its intended use, and as such may no longer be used effectively by agency employees;
(e) Although the computers, telecommunications devices or
other technological equipment
is are no longer useful
in
interacting with the financial services industry, for their high
speed or complex intended use, they may still be useful items for
a less complex
and or less high-speed dependent use;
(f) Heretofore,
the state auditor has some agencies have
stripped the equipment for spare parts for other machines
or sent
such to state surplus property where appropriate storage is
neither practical nor feasible, and that
this these continued
practice does practices do not necessarily result in the
equipment's highest and best remaining use; and
(g) Rather than break down the equipment for spare parts or
send obsolete machines to the surplus property unit of the state
purchasing division where they may languish with lack of use, it
would be in the best interest of the state that any obsolete
computers, telecommunications devices or technological equipment
be donated by
the state
auditor's office agencies to public
schools, juvenile detention centers, and municipal and county
public safety offices.
§12-4B-2. Computer donation program created.
(a) Notwithstanding any other provision of this code to the
contrary, the state auditor is hereby authorized within his or
her agency to create a
statewide computer donation program for
public schools, juvenile detention centers, and municipal and
county public safety offices in this state. This program
authorizes the state auditor's office to donate
all collected
equipment
to those entities which would otherwise be transferred
to the surplus property unit of the purchasing division
to those
aforementioned public school, municipal and county entities.
(b) The
statewide computer donation program shall be
administered by a director as appointed or employed by the state
auditor. The auditor may either appoint the director from
existing staff from his or her office, or may employ a director
from existing funds.
(c) The director shall:
(i) Make contact with the intended
recipients of the donated equipment to apprise them of equipment
available for donation; (ii) develop application forms and
provide information so that intended recipients would know how to
apply for the available equipment, what equipment is available
and seek such assistance and information as would further assist
in the dissemination of the equipment; (iii) develop donation forms and procedures for agencies to donate equipment as well as
keep records and accounts that indicate
the what equipment
was
donated,
by what agency the equipment was donated, the age of the
equipment,
the donating agency's reason or reasons for declaring
it obsolete, and to which public school, juvenile detention
center, or municipal or county public safety office the equipment
was donated.
§12-4B-3. Reports to the Legislature.
The state auditor shall
propose legislative rules in
accordance with the provisions of article three-a, chapter
twenty-nine-a of this code develop procedural rules which shall
detail the regulations for the public notice of the program, the
method of receiving requests for participation in the program,
any compliance and reporting information required of participants
in the program, and the method of selecting recipients of
equipment.
The rules shall provide for fair and impartial
selection of equipment recipients. The rules shall be presented
for approval to the legislative oversight commission on education
accountability by the first day of July, one thousand nine
hundred ninety-nine The state auditor shall once yearly report
to the legislative oversight commission on education accountability on donations made to the public schools and report
once yearly to the legislative joint committee on government
organization regarding the donations made to municipal or county
public safety offices.
NOTE: The purpose of this bill is to provide a process
whereby the state auditor will donate outdated computer and like
technological equipment for use by schools, detention centers,
municipal and county public safety offices.
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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