BILL NUMBER: SB 493 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 26, 2011
AMENDED IN SENATE APRIL 5, 2011
AMENDED IN SENATE MARCH 30, 2011
INTRODUCED BY Senator Padilla
(Coauthor: Assembly Member Fuentes)
FEBRUARY 17, 2011
An act to amend Section 10389.1 of add
Section 10389.2 to the Public Contract Code, relating to state
property, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 493, as amended, Padilla. State surplus property.
Existing law requires the Department of General Services to
perform various functions and duties with respect to state property.
Existing law authorizes the department to first offer appropriate
state surplus personal property to school districts, at less than
fair market value, prior to offering that property to the public, as
specified.
This bill would require the department, notwithstanding
the above procedures for state surplus property, to first offer state
surplus computers at less than fair market value to recipients of
grants under the federal American Recovery and Reinvestment Act of
2009 for use with an approved broadband adoption project involving a
public computer center. The bill would require the department to
report to the Legislature on its implementation of this provision on
or before December 31, 2012 impose additional
requirements on the department regarding disposal of state surplus
computers, laptops, monitors, and related computer equipment, as
provided .
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10389.1 of the Public
Contract Code is amended to read:
10389.1. (a) The Department of General Services, if feasible and
consistent with existing law, shall first offer appropriate state
surplus personal property to school districts and to entities
described in subdivision (b) prior to offering that property to the
public, except for property more appropriately suited for public
safety uses. The department may offer school districts state surplus
personal property at less than fair market value, if it is determined
by the Director of General Services to be in the best interests of
the state. The department shall develop policies and procedures for
the implementation of this article.
(b) (1) The department shall first offer state surplus computers
at less than fair market value to recipients of grants under the
federal American Recovery and Reinvestment Act of 2009 (Public Law
111-5) for use with an approved broadband adoption project involving
a public computer center.
(2) On or before December 31, 2012, the department shall report
to the Legislature on its implementation of this subdivision and
recommend whether other nonprofit organizations working to close the
digital divide among low-income populations, in accordance with the
state policy in California set forth in subdivision (d) of Section
709 of the Public Utilities Code, should be eligible for state
surplus computers at less than fair market value.
(3) The requirement for submitting a report imposed pursuant to
paragraph (2) is inoperative on December 31, 2016, pursuant to
Section 10231.5 of the Government Code.
(4) A report required to be submitted pursuant to paragraph (2)
shall be submitted in compliance with Section 9795 of the Government
Code.
SECTION 1. Section 10389.2 is added to the
Public Contract Code , to read:
10389.2. (a) The department's policies and procedures regarding
the disposition of state surplus computers, laptops, monitors, and
related computer equipment shall do all of the following:
(1) Facilitate the disposition of state surplus computers to
further the state policy of bridging the digital divide, as described
in subdivision (d) of Section 709 of the Public Utilities Code.
(2) Authorize nonprofit entities that, in partnership with a
school district, operate a public computer center to further the
state policy of bridging the digital divide, as described in
subdivision (d) of Section 709 of the Public Utilities Code, to be
eligible for receipt of state surplus computers under Section 10389.1
and through approved disposition directly from a state agency.
(3) Include a procedure enabling state agencies with surplus
computers to ascertain whether the nonprofit entities described in
paragraph (2) are interested in receiving those surplus computers.
The procedure shall include a preference for nonprofit entities
within the same geographic region as the state agency in order to
minimize transportation and disposition costs.
(4) Coordinate the disposition of state surplus computers with the
Federal Surplus Property Program.
(5) Require that state agency documentation of the disposition of
surplus computers include a certification that all confidential,
sensitive, and personal information was removed from the computers
prior to disposition.
(b) The department, in collaboration with the California
Technology Agency, shall promote increased awareness among state
agency officials of the requirement to remove from all state surplus
computers all confidential, sensitive, and personal information prior
of any disposition of those computers.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to enable recipients of grants under the federal American
Recovery and Reinvestment Act of 2009 to have access to computers
for use within the limited timeframe for which federal funding is
available, it is necessary for this act to take effect immediately.