H. B. 2501

         (By Delegates M. Poling, Paxton and Duke)

         [Introduced January 14, 2011; 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 state owned personal computers for educational purposes; making legislative findings; defining terms; providing a process for the Chief Technology Officer to review the usability of donated personal computers prior to disposal; setting forth obligations of state agencies seeking to donate personal computers; setting forth the obligations of the Division of Purchasing, the State Agency for Surplus Property, the State Board of Education and the county boards of education; setting forth rule-making authority; permitting county boards of education to donate obsolete hardware and software materials; and establishing that neither the state nor any county board of education is obligated to repair any donated personal computer.

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:

    (1) Some state-owned personal computers could be used by public school students when they are no longer used by or are being replaced by a state agency;

    (2) Personal computers are vital tools for providing a quality education;

    (3) The Legislature appropriates substantial funds for purchasing personal computers for public schools; and

    (4) When a state agency is disposing of personal computers that could be used by public school students, the most advantageous disposition is to transfer them to the State Department of Education for use by public school students.

    (b) The Division of Purchasing shall promulgate a legislative rule pursuant to article three, chapter twenty-nine-a of this code, to implement the provisions of this section in a coordinated manner. The rule shall provide for at least the following:

    (1) A state agency that is required to dispose of personal computers with the State Agency for Surplus Property shall notify the Chief Technology Officer prior to disposing of any personal computer that is four or fewer years old;

    (2) The Chief Technology Officer shall examine the personal computer and determine whether it meets the minimum criteria for use by public school students established by rule of the State Board of Education pursuant to this section;

    (3) When the Chief Technology Officer determines that a personal computer meets the minimum criteria for use by a public school student, he or she shall identify the personal computer to the State Agency for Surplus Property and the Department of Education; and

    (4) Notwithstanding section forty-five, article three of this chapter, the State Agency for Surplus Property shall reserve any personal computer so identified by the Chief Technology Officer for at least thirty days for transfer to the Department of Education.

    (c) The State Board of Education shall promulgate a rule in accordance with article three-b, chapter twenty-nine-a of this code to implement the provisions of this section. The rule shall provide for at least the following:

    (1) Criteria for determining whether personal computers are suitable for use by public school students;

    (2) A method for notifying county boards of education and parents of eligible students of the availability of personal computers;

    (3) Criteria for determining student financial need;

    (4) A standard for determining student eligibility based on greatest level of financial need;

    (5) A method for distributing available personal computers on a fair and equitable basis among eligible students;

    (6) A process for ensuring that all confidential information and any program or other information necessary to preserve a proprietary or licensing agreement is removed from any hardware or software to be donated; and

    (7) A method for reporting the number and socio-economic characteristics of student recipients.

    (d) 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 for Enhancement of Scholastic Skills programs to public school students in accordance with the State Board of Education rule required by this section.

    (e) Nothing in this section obligates the state or any county board of education for the serviceability of any personal computer donated pursuant to this section.

    (f) As used in this section, “personal computer” includes information systems, technology and equipment that are suitable for use by public school students.

    NOTE: The purpose of this bill is to provide a process for the donation and transfer of surplus state owned personal computers for educational purposes. The bill makes legislative findings and defines terms. The bill provides a process for the Chief Technology Officer to review the usability of donated personal computers prior to disposal. The bill also sets forth obligations of state agencies seeking to donate personal computers, the Division of Purchasing, the State Agency for Surplus Property, the State Board of Education and the county boards of education. The bill further sets forth rule-making authority. Also, the bill permits county boards of education to donate obsolete hardware and software materials. The bill establishes that neither the state nor any county board of education is obligated to repair any donated personal computer.

    This section is new; therefore, it has been completely underscored.