N.Y. Education Law § 318: Distribution of surplus computers

§ 318. Distribution of surplus computers. 1. General definitions. As

used in this section:

(a) "Computer" means a computer central processing unit (CPU) and,

where attached to a CPU, such computer cases, computer memory, cards and

other peripheral devices as may reasonably be viewed functionally as one

unit.

(b) "Computer software" means executable computer programs and related

data files on computer-related media, including but not limited to

floppy disks, hard disks, optical and magneto-optical computer data

storage devices.

(c) "Computer equipment" means computers, computer memory, cards, and

associated peripheral devices, including but not limited to floppy disk

drives, hard disk drives, printers, modems, computer-related cables and

networking devices, scanners, computer monitors and computer software.

2. The commissioner and the commissioner of general services shall,

within one hundred eighty days of the effective date of this section, in

consultation with members of the computer industry, representatives of

school boards associations, and teachers' organizations, develop

guidelines by which the monetary value of surplus computer equipment can

be compared with its potential educational value, in order to assist the

commissioner of general services to implement the provisions of section

one hundred sixty-eight of the state finance law.

3. The commissioner shall, within one hundred eighty days of the

effective date of this section, and with the advice and counsel of the

office of general services:

(a) develop guidelines governing distribution of state owned surplus

computer equipment to learning institutions involved in the repair and

restoration of such computer equipment; such guidelines shall identify

technical educational programs in the colleges and schools within the

state with the capacity to repair and restore computer equipment and

which may use the repair of such equipment in the technological training

of their students;

(b) develop guidelines under which repaired and restored computer

equipment shall be equitably distributed, subject to the following

guidelines:

(i) distribution of state-owned surplus computer equipment shall be

provided to public schools, the division for youth, public libraries,

and other public and private institutions for secular educational use,

and to not-for-profit institutions for use by individuals with

disabilities, upon proof of need, and subordinate to the requirements of

the public schools, the division for youth and libraries of New York

state;

(ii) distribution of surplus computer equipment shall be based on

competitive proposals from schools, the division for youth, libraries,

and other public and private educational programs for secular

educational use, including not-for-profit institutions serving persons

with disabilities, which shall demonstrate need and specific plans for

the use of such equipment; and

(iii) the department shall assist applicants in preparing such

proposals.

4. (a) The commissioner is hereby authorized to seek and to accept the

transfer of title of surplus computer equipment of educational value

from agencies of the state and from the office of general services for

further distribution consistent with the purposes of this section and

pursuant to the guidelines developed under subdivisions two and three of

this section. Such distribution shall be performed by the office of

general services upon the request of the commissioner. Any

transportation costs for shipping such surplus equipment shall be borne

by the office of general services.

(b) The department shall periodically distribute copies of an

inventory of surplus computer equipment that is available for

distribution contemplated by this section to educational institutions

under its supervision and to such other institutions as the commissioner

shall have designated, and make it known that those institutions may

submit proposals to obtain such computer equipment. Upon a proposal

having been approved pursuant to this section, the office of general

services shall deliver such computer equipment to the recipient pursuant

to paragraph (c) of this subdivision.

(c) The office of general services may charge reasonable fees to the

final recipients of such computer equipment for shipping and handling,

including costs associated with shipping such computer equipment to

institutions authorized pursuant to this section to repair or restore

such computer equipment, provided that such fees shall not exceed

one-half the value of the computer equipment as determined pursuant to

subdivision two of this section, provided that such fees are published,

updated, and distributed with the inventories to the department, and

provided that requests for proposals for such computer equipment contain

a summary of accompanying fees. Nothing herein shall be construed to

prohibit such institutions involved in the repair and restoration of

such computer equipment from arranging for the shipping and handling of

such computer equipment to and/or from such institution on its own.

5. The commissioner may accept any and all donations of money,

equipment, supplies, materials or services, from any person, firm,

association, foundation, or corporation, and may receive and utilize the

same in fulfilling the purposes and provisions of this section. Any

donation so accepted shall be reported in the report required by

subdivision six of this section. Such report shall include the nature

and amount of the donation and the identity of each donor, except where

such donor has requested anonymity in writing.

6. The commissioner shall:

(a) Keep inventory of computer equipment distributed under this

section to educational facilities based on information provided to the

commissioner by the office of general services; and

(b) In collaboration with the commissioner of general services, report

every two years to the governor, the temporary president of the senate,

the speaker of the assembly, the inspector general and the state

comptroller. The initial report shall be submitted on the first of July,

not more than two years after the date on which this section shall have

become law. The report shall include but not be limited to current

inventories of surplus computer equipment in the possession of the

department and of the office of general services, inventories of surplus

computer equipment that have been distributed to educational

institutions, summaries of requests and deliveries to the various

institutions, the criteria used in determining which institutions

received what equipment, and recommendations for more effective means of

carrying out their duties under this section.

7. To promote the purposes of this section, the commissioner shall

examine alternative methods for service, repair, and distribution of

computer equipment and may apply for and utilize such state and

federally funded programs as may appear effective and consistent with

the purposes of this section. Any grant or services accepted under this

part shall be reported in the biennial report required by subdivision

six of this section. Such report shall include the nature, amount and

source of each grant or services.

8. Nothing in this section shall limit the authority of the

commissioner or the commissioner of general services to establish

mechanisms by which donated or state-owned surplus property that is not

computer equipment, but has educational usefulness for enhancing

technological and scientific literacy that substantially exceeds its

monetary value, may be provided to public and private institutions for

educational use.

9. In developing and carrying out guidelines under this section, the

commissioner of general services and the commissioner shall ensure that

software will not be transferred pursuant hereto if such transfer would

cause a breach of a computer software license agreement or an

infringement of a copyright.