§ 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
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