Senate Bill No. 667

(By Senators Jackson, Plymale, Mitchell, Ross, Bailey, Snyder and Kessler)

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[Introduced February 22, 1999;

referred to the Committee on Education.]

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A BILL to amend chapter twelve of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article four-b, relating to the duties of the state auditor and the further use by the public schools of computers, telecommunications and other technological items that would otherwise be stripped of any use or value upon their obsolescence and delivered to the state's surplus property agency; legislative findings; proposal of creation of program to donate such property to the public schools; proposal of rules to administer this section; and severability clause.

Be it enacted by the Legislature of West Virginia:
That chapter twelve of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article four-b, to read as follows:
ARTICLE 4B. SURPLUS COMPUTER AND TELECOMMUNICATIONS PROPERTY.
§12-4b-1. Extended use of computer, telecommunications and other technological items subject to obsolescence, legislative findings.

(a) That the support for West Virginia's public schools is a paramount concern of all West Virginians and a priority of all of state government.
(b) That the public schools are always in need of computers, telecommunications devices and other forms of technology, however the acquisition of such is a costly enterprise.
(c) That the state auditor must frequently purchase such computing and telecommunications equipment as is necessary for their interaction with the nation's and international financial services industries.
(d) That each purchase by the state auditor to purchase equipment that enables them to interact with the financial services industry frequently results in the releasing from use of existing computing, telecommunications and other equipment, which is then pushed on through the respective agencies until such equipment may no longer be used effectively by agency employees.
(e) That although the computer, telecommunications equipment or other technological item is no longer useful in interacting with the financial services industry, there may still be use of the item for a less complex and less high speed dependent use.
(f) That, heretofore, the state auditor has stripped these machines for spare parts for other machines, this continued practice does not necessarily result in the property's highest and best remaining use.
(g) Therefore, rather than break down the machines for spare parts or send obsolete machines to surplus property where they may languish with lack of use, the Legislature finds that it would be in the interest of the public schools for the state auditor to create a program whereby he or she may donate such obsolete items to the public schools.
§12-4b-2. Creation of computer and telecommunications program.
(a) Notwithstanding any other provision of the code to the contrary, the state auditor is hereby authorized within his or her agency to create a computer and telecommunications and other technology equipment donation program for the public schools of this state by donating equipment to the public schools that otherwise would have gone to the state's surplus property agency.
(b) Such program shall be administered by a director appointed by the auditor who may appoint existing staff to administer this task or employ, from existing funds, a director to so administer the program.
(c) The director shall keep such records and accounts as to show what equipment was donated; the age of the equipment and reasons for determining its obsolescence; and to what public school the equipment was donated.
§12-4b-3. Proposal of rules for administration of program.
The state auditor shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code which shall detail his or her regulations for the public notice of the program, method of receiving requests for participation in the program, method of selection and such selection shall be fair and impartial, and any compliance and reporting information he or she anticipates requiring from participants in the donation program.
§12-4b-4. Severability.
If any provision of this article or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

NOTE: The purpose of this bill is to enable the State Auditor to donate obsolete telecommunications, computing and other technological equipment to public schools through the administration of a fair and impartial donation program run by the auditor and operating through legislatively approved rules.

This article is new; therefore, strike-throughs and underscoring have been omitted.