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Introduced Version House Bill 3123 History

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hb3123 intr
H. B. 3123


(By Delegates M. Poling and Paxton

)

[Introduced March 13, 2009; 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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