Public Chapter 52

HOUSE BILL NO. 344

By Representatives Pruitt, Kerr, Brooks, Ulysses Jones, Langster, John DeBerry, Larry Turner, Bowers, Brown, Cooper, Armstrong

Substituted for: Senate Bill No. 714

By Senators Dixon, Herron, Fowler, Kyle, Williams, Crowe

AN ACT to amend Tennessee Code Annotated, Section 12-2-403, relative to methods of disposal of certain computer equipment.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Section 12-2-403, is amended by adding the following language as a new, appropriately designated subsection:

( ) (1) For purposes of this subsection "computer equipment" includes: personal computers, printers, CD-ROM readers, monitors, keyboards, CPU's, scanners, and all accessories and other peripheral equipment used in a data processing operation.

(2) The Commissioner of General Services, in consultation with the information systems council, with the approval of the Governor and the Commissioner of Education, is authorized to transfer surplus computer equipment to local education agencies, without financial consideration, provided such property is suitable for educational purposes for the public schools as determined by the Commissioner of Education, and provided further that the authorizing officials named in this subsection first determine that the transfer of such personal property ownership is in the best interest of the state.

(3) Prior to the disposition of surplus computer equipment, a determination shall be made as to whether requests have been made by a local education agency for computer equipment. If suitable computer equipment is available which meets the needs of requests on file by local education agencies, such property shall be transferred, without financial consideration, to such local education agencies. If, however, available surplus computer equipment is not suitable for educational purposes or if no requests are on file by local education agencies for equipment which meets the needs of such requests, then the surplus computer equipment shall be disposed of as otherwise provided in this section.

(4) The board of standards shall adopt rules and regulations on the procedure for the disposal of such computer equipment as provided in this subsection and, in consultation with the Commissioner of Education, on the procedures for a local education agency to apply for and be considered for receiving such property.

(5) The department or agency which declares the computer equipment surplus, may be charged a fee to cover the cost of disposing of such equipment. The amount of the fee shall be determined by the board of standards.

SECTION 2. For purposes of promulgating rules and regulations, this act shall take effect upon becoming a law, the public welfare requiring it. For all other purposes this act shall take effect July 1, 1997, the public welfare requiring it.