§ 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.