PRINTER'S NO. 1583
No. 1123 Session of 2006
INTRODUCED BY C. WILLIAMS, MUSTO, FUMO, COSTA, TARTAGLIONE,
EARLL, RAFFERTY, ERICKSON AND STACK, MARCH 17, 2006
REFERRED TO STATE GOVERNMENT, MARCH 17, 2006
AN ACT
1 Providing for the donation and sale of State-owned computers.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Short title.
5 This act shall be known and may be cited as the State-owned
6 Computer Disposal and Sale Act.
7 Section 2. Definitions.
8 The following words and phrases when used in this act shall
9 have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "Agency." Every department, division, office, board, bureau,
12 commission and institution of the Commonwealth, including State-
13 supported institutions of higher education.
14 "Agency policy." An agency policy established under section
15 3.
16 "Computer." A programmable electronic machine that performs
17 high-speed mathematical or logical operations or that assembles,
1 stores, correlates or otherwise processes information.
2 "Consumer electronic item." A personal computer, computer
3 component, audio player, stereo player, videocassette player,
4 facsimile machine, copy machine, cellular telephone, wireless
5 paging device, video game console or any electronic item
6 containing an intact or broken cathode ray tube.
7 "Degauss." The complete removal of information from the hard
8 drive of a computer.
9 "Demanufacturing." End-of-life disposition of electronic
10 devices and computers. The term includes recovery of hard drives
11 and chips with resale value, the removal of commodities such as
12 copper, aluminum and gold for sale to scrap consumers, the
13 removal and hazardous waste disposal of toxins and heavy metals
14 and the shredding or melting of materials that can be sold and
15 manufactured into new products.
16 "Department." The Department of Environmental Protection of
17 the Commonwealth.
18 "Disposal." The discharge, deposit, injection, spilling,
19 leaking, placing or dumping of any computer or electronic waste
20 into or on any land or water in whatever manner so that the
21 waste or any constituent thereof might enter the environment or
22 be emitted into the air or be discharged into the waters of this
23 Commonwealth, including groundwaters.
24 "Electronic item containing an intact or broken cathode ray
25 tube." An electronic item containing a cathode ray tube
26 includes a television, computer monitor or any other cathode ray
27 tube monitor or display device.
28 "Electronics." Devices utilizing electrons and electric
29 circuits, including household appliances, televisions, recording
30 and playing devices for music or videotapes, compact discs and
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1 digital technology.
2 "Fugitive amounts of consumer electronic items." Small
3 quantities that escape the approved methods of usage, reduction,
4 reuse or recycling.
5 "Recycle." The use of previously manufactured materials
6 including metals, glass and plastics in the manufacture of new
7 products.
8 "Reuse." Use of electronics, computers and equipment for
9 harvesting of spare parts, resale or donation.
10 "Surplus computer equipment." Computer components no longer
11 in use in an agency and which have residual market value.
12 Section 3. Agency policy.
13 (a) Establishment.--The following shall apply to agency
14 policies:
15 (1) Each agency shall prepare and implement an
16 agencywide policy for the management and sale of agency
17 surplus computer equipment and electronics in accord with the
18 department's policies for review and replacement of computer
19 and electronic equipment.
20 (2) The policy shall mandate that all hard drives of
21 surplus computer equipment be degaussed, cleared of all data
22 and software and be otherwise prepared for sale within 90
23 days after replacement.
24 (3) The policy may provide that computers and electronic
25 equipment be offered for sale to public schools, local
26 governments or agency employees after degaussing of the hard
27 drive.
28 (4) (i) The policy shall allow each agency to keep a
29 back stock of computer hardware and electronics for the
30 purpose of parts harvesting for the repair, maintenance
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1 and upgrade of computers in use.
2 (ii) Back stock shall not exceed 10% of the number
3 of State employee computers in the agency.
4 (5) The policy shall include a provision that State
5 employees purchasing State agency computers and electronic
6 equipment accept the computer or equipment on an "as-is"
7 basis, without any warranty of any kind by the agency.
8 (b) Presentation.--Within 60 days after the effective date
9 of this section, the policy shall be presented to the
10 department.
11 Section 4. Sale of surplus computer equipment and electronics.
12 If an agency policy provides for the preferential sale of
13 surplus computer and electronic equipment to public schools,
14 local governments or agency employees, that computer and
15 electronic equipment shall be sold at a price of 105% of the
16 depreciated value as determined by the department.
17 Section 5. Donation of surplus computer equipment and
18 electronics.
19 (1) Unsold surplus computer and electronic equipment may
20 be donated by the owning agency to Pennsylvania public
21 schools or local governments if the agency policy so
22 provides.
23 (2) Pennsylvania public schools and local governments
24 are not required but may choose to accept unsold surplus
25 computer and electronic equipment donated by the owning
26 agency.
27 Section 10. Effective date.
28 This act shall take effect in one year.
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