N.Y. General Municipal Law § 104-c: Disposal of surplus computer equipment

* § 104-c. Disposal of surplus computer equipment. 1. Definitions. As

used in this section:

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

attached to a computer central processing unit, such computer cases,

computer memory, card and other peripheral devices as may reasonably be

viewed functionally as one unit.

(b) "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.

(c) "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.

2. The governing board of a political subdivision may by resolution,

adopt policies authorizing the disposal of computers, computer software

and computer equipment no longer needed for the purposes of the

political subdivision through donation to public schools, public

libraries, and other public and private institutions for secular

educational use, and to not-for-profit institutions for use by

individuals with disabilities, senior citizens, or low income

individuals, upon proof of need by such institution and subordinate to

the requirements of the public schools and libraries of the state. Such

donation shall be based on a public notification process and competitive

proposals from schools, libraries, and other public and private

educational programs for secular education use, and not-for-profit

institutions serving persons with disabilities, senior citizens, or low

income individuals, which shall demonstrate need and specific plans for

the use of such equipment.

3. Every resolution enacted pursuant to this section shall provide

that no computer software of a political subdivision shall be

transferred if such transfer would cause a breach of a computer software

license agreement or an infringement of a copyright.

* NB Repealed July 1, 2028