Senate Bill No. 85
(By Senator Chafin)
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[Introduced January 9, 2008; referred to the Committee on
Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §12-3A-7, relating to
information technology donations by the State Treasurer.
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 §12-3A-7, to read as
follows:
ARTICLE 3A. FINANCIAL ELECTRONIC COMMERCE.
§12-3A-7. Information technology donation.
(a) Notwithstanding any other provisions of this code to the
contrary, the State Treasurer is authorized to donate information
technology, as defined in section two, article six, chapter five-a
of this code, which the State Treasurer would otherwise transfer to
the state agency for surplus property of the Purchasing Division of
the Department of Administration, to political subdivisions and related organizations, educational facilities, nonprofit
organizations and other public, charitable or educational entities
or organizations in this state.
(b) The State Treasurer may donate obsolete or no longer
usable information technology pursuant to this section using any
written criteria the Treasurer develops.
(c) The State Treasurer shall send any obsolete or no longer
usable information technology not donated or not held for donation
to the state agency for surplus property.
(d) The Treasurer shall keep records describing, without
limitation, each item donated, a description of it, its age, the
reasons for declaring it obsolete or unusable and the receiving
entity. The annual report of the State Treasurer shall include a
report on the items donated.
(e) Upon the receipt of donated information technology,
receiving entities become the owner and are responsible for the
donated information technology. The State of West Virginia, the
State Treasurer and any employee of the State Treasurer, in his or
her official or personal capacity, are not responsible or liable
for any maintenance, repair, malfunction, failure, license,
operation, injury or other problem or loss occurring or occurred by
the receiving entity or any person or other entity in connection
with the donated information technology.
NOTE: The purpose of this bill is to allow the State Treasurer
to donate surplus information technology to political subdivision,
educational, nonprofit, and charitable organizations. Recipients
of donated technology are liable for all matters associated with
the donated information technology.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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