Section 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    * NB Repealed July 1, 2010