§ 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. Notwithstanding any other provision of law, 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, 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, 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* NB Repealed July 1, 2007