2010 New York Code
EDN - Education
Title 1 - GENERAL PROVISIONS
Article 7 - (301 - 318) COMMISSIONER OF EDUCATION
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.
    * 10. On or before July first, two thousand six the commissioner shall
  report  to  the  governor,  the  temporary  president of the senate, the
  speaker of the assembly  and  the  state  comptroller  on  donations  of
  surplus computers, computer software and computer equipment by political
  subdivisions  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, pursuant to
  section one hundred four-c of the general municipal law, along with  any
  recommendations  for  improving  distribution  and reutilization of such
  surplus. The report may be issued as part  of  the  report  required  by
  paragraph (b) of subdivision six of this section.
    * NB Repealed July 1, 2013