§ 318 — Distribution of surplus computers

§ 318. Distribution of surplus computers. 1. General definitions. As\nused in this section:\n (a) "Computer" means a computer central processing unit (CPU) and,\nwhere attached to a CPU, such computer cases, computer memory, cards and\nother peripheral devices as may reasonably be viewed functionally as one\nunit.\n (b) "Computer software" means executable computer programs and related\ndata files on computer-related media, including but not limited to\nfloppy disks, hard disks, optical and magneto-optical computer data\nstorage devices.\n (c) "Computer equipment" means computers, computer memory, cards, and\nassociated peripheral devices, including but not limited to floppy disk\ndrives, hard disk drives, printers, modems, computer-related cables and\nnetworking devices, scanners, computer monitors and computer software.\n 2. The commissioner and the commissioner of general services shall,\nwithin one hundred eighty days of the effective date of this section, in\nconsultation with members of the computer industry, representatives of\nschool boards associations, and teachers' organizations, develop\nguidelines by which the monetary value of surplus computer equipment can\nbe compared with its potential educational value, in order to assist the\ncommissioner of general services to implement the provisions of section\none hundred sixty-eight of the state finance law.\n 3. The commissioner shall, within one hundred eighty days of the\neffective date of this section, and with the advice and counsel of the\noffice of general services:\n (a) develop guidelines governing distribution of state owned surplus\ncomputer equipment to learning institutions involved in the repair and\nrestoration of such computer equipment; such guidelines shall identify\ntechnical educational programs in the colleges and schools within the\nstate with the capacity to repair and restore computer equipment and\nwhich may use the repair of such equipment in the technological training\nof their students;\n (b) develop guidelines under which repaired and restored computer\nequipment shall be equitably distributed, subject to the following\nguidelines:\n (i) distribution of state-owned surplus computer equipment shall be\nprovided to public schools, the division for youth, public libraries,\nand other public and private institutions for secular educational use,\nand to not-for-profit institutions for use by individuals with\ndisabilities, upon proof of need, and subordinate to the requirements of\nthe public schools, the division for youth and libraries of New York\nstate;\n (ii) distribution of surplus computer equipment shall be based on\ncompetitive proposals from schools, the division for youth, libraries,\nand other public and private educational programs for secular\neducational use, including not-for-profit institutions serving persons\nwith disabilities, which shall demonstrate need and specific plans for\nthe use of such equipment; and\n (iii) the department shall assist applicants in preparing such\nproposals.\n 4. (a) The commissioner is hereby authorized to seek and to accept the\ntransfer of title of surplus computer equipment of educational value\nfrom agencies of the state and from the office of general services for\nfurther distribution consistent with the purposes of this section and\npursuant to the guidelines developed under subdivisions two and three of\nthis section. Such distribution shall be performed by the office of\ngeneral services upon the request of the commissioner. Any\ntransportation costs for shipping such surplus equipment shall be borne\nby the office of general services.\n (b) The department shall periodically distribute copies of an\ninventory of surplus computer equipment that is available for\ndistribution contemplated by this section to educational institutions\nunder its supervision and to such other institutions as the commissioner\nshall have designated, and make it known that those institutions may\nsubmit proposals to obtain such computer equipment. Upon a proposal\nhaving been approved pursuant to this section, the office of general\nservices shall deliver such computer equipment to the recipient pursuant\nto paragraph (c) of this subdivision.\n (c) The office of general services may charge reasonable fees to the\nfinal recipients of such computer equipment for shipping and handling,\nincluding costs associated with shipping such computer equipment to\ninstitutions authorized pursuant to this section to repair or restore\nsuch computer equipment, provided that such fees shall not exceed\none-half the value of the computer equipment as determined pursuant to\nsubdivision two of this section, provided that such fees are published,\nupdated, and distributed with the inventories to the department, and\nprovided that requests for proposals for such computer equipment contain\na summary of accompanying fees. Nothing herein shall be construed to\nprohibit such institutions involved in the repair and restoration of\nsuch computer equipment from arranging for the shipping and handling of\nsuch computer equipment to and/or from such institution on its own.\n 5. The commissioner may accept any and all donations of money,\nequipment, supplies, materials or services, from any person, firm,\nassociation, foundation, or corporation, and may receive and utilize the\nsame in fulfilling the purposes and provisions of this section. Any\ndonation so accepted shall be reported in the report required by\nsubdivision six of this section. Such report shall include the nature\nand amount of the donation and the identity of each donor, except where\nsuch donor has requested anonymity in writing.\n 6. The commissioner shall:\n (a) Keep inventory of computer equipment distributed under this\nsection to educational facilities based on information provided to the\ncommissioner by the office of general services; and\n (b) In collaboration with the commissioner of general services, report\nevery two years to the governor, the temporary president of the senate,\nthe speaker of the assembly, the inspector general and the state\ncomptroller. The initial report shall be submitted on the first of July,\nnot more than two years after the date on which this section shall have\nbecome law. The report shall include but not be limited to current\ninventories of surplus computer equipment in the possession of the\ndepartment and of the office of general services, inventories of surplus\ncomputer equipment that have been distributed to educational\ninstitutions, summaries of requests and deliveries to the various\ninstitutions, the criteria used in determining which institutions\nreceived what equipment, and recommendations for more effective means of\ncarrying out their duties under this section.\n 7. To promote the purposes of this section, the commissioner shall\nexamine alternative methods for service, repair, and distribution of\ncomputer equipment and may apply for and utilize such state and\nfederally funded programs as may appear effective and consistent with\nthe purposes of this section. Any grant or services accepted under this\npart shall be reported in the biennial report required by subdivision\nsix of this section. Such report shall include the nature, amount and\nsource of each grant or services.\n 8. Nothing in this section shall limit the authority of the\ncommissioner or the commissioner of general services to establish\nmechanisms by which donated or state-owned surplus property that is not\ncomputer equipment, but has educational usefulness for enhancing\ntechnological and scientific literacy that substantially exceeds its\nmonetary value, may be provided to public and private institutions for\neducational use.\n 9. In developing and carrying out guidelines under this section, the\ncommissioner of general services and the commissioner shall ensure that\nsoftware will not be transferred pursuant hereto if such transfer would\ncause a breach of a computer software license agreement or an\ninfringement of a copyright.\n