New Jersey § 52:27b-67

§ 52:27b-67.

a. As used in this section: “ Computer ” means an electronic, magnetic, optical, electrochemical or other high speed data

processing device or another similar device capable of executing a computer program,

including arithmetic, logic, memory, data storage or input-output operations and includes

all computer equipment connected to the device, but shall not include an automated

typewriter or typesetter or a portable, hand-held calculator. “ Computer equipment ” means any equipment or device, including all input, output, processing, storage,

or communications facilities, intended to interface with the computer. “ Computer system ” means a set of interconnected computer equipment intended to operate as a cohesive

system. “ Data ” means information, facts, concepts, or instructions contained in a computer, computer

equipment, or computer system. It shall also include, but not be limited to, any alphanumeric, hexadecimal, octal

or binary code. “ Data base ” means a collection of data. “ Division ” means the Division of Purchase and Property in the Department of the Treasury. “ Portable communication device ” means a computer that is designed to be personally portable and capable of sending,

receiving, storing, reproducing, or displaying communications or information. “ State entity ” means any department, institution, commission, board, body, or other agency of the

State. b. The director of the division, in consultation with the Chief Technology Officer

of the Office of Information Technology, in but not of the Department of the Treasury,

shall develop a program regarding the disposition of any computer, computer equipment,

or portable communication device in the custody and control of any State entity that

the entity determines to be surplus, obsolete or no longer suitable for the purpose

for which it was intended. The program may include procedures concerning the redistribution of items among

State entities, the distribution of items to local governmental entities, boards of

education, nonpublic schools and nonprofit charitable corporations pursuant to section

1 of P.L.1999, c. 194 ( C.52:27B-67.1 ), the public purchase of items, and the final disposal of items not distributed or

purchased. c. In accordance with regulations promulgated by the director of the division, whenever

a State entity possesses any unused computer, computer equipment, or portable communication

device that includes a hard drive or other data storage device and is unable to redistribute

the item for further use within the entity, that entity shall: (1) declare the item to be surplus, obsolete or no longer suitable for the purpose

for which it was intended, subject to further disposition by the division; (2) in the case of any computer, computer equipment, or portable communication device,

remove all data storage devices and destroy such devices by any means approved by

the Office of Information Technology concerning data security as authorized pursuant

to “The Office of Information Technology Reorganization Act,” sections 6 through 16

of P.L.2007, c. 56 ( C.52:18A-224 through C.52:18A-234 ); (3) notify the division with respect to the entity's declaration of the item as surplus,

obsolete or no longer suitable for the purpose for which it was intended, and include

in that notice: (a) a certification of the removal of all data storage devices pursuant to paragraph

(2) of this subsection, if applicable; and (b) the name and contact information, including a telephone number, of the director

of information technology for that entity, the person named in the certification accompanying

the notice pursuant to subparagraph (a) of this paragraph, or another person with

knowledge regarding the entity's declaration of the item as surplus, obsolete or no

longer suitable for the purpose for which it was intended. d. (1) The director of the division shall coordinate the redistribution or disposition

of any item declared by a State entity to be surplus, obsolete or no longer suitable

for the purpose for which it was intended to another State entity, by developing and

maintaining a comprehensive list for all State entities consisting of their directors

of information technology and relevant contact information. (2) Upon receipt of a notice from a State entity declaring an item to be surplus,

obsolete or no longer suitable for the purpose for which it was intended pursuant

to paragraph (3) of subsection c. of this section, the director shall determine whether

such item is suitable for redistribution to another State entity. Items deemed suitable for redistribution shall be offered with appropriate written

notice to all other State entities through their directors of information technology. The director may establish appropriate deadlines for responses from interested State

entities, which shall respond to the director in writing with a request for such item. In determining how to fairly and equitably prioritize requests and allocate items

that are requested by more than one entity, the director shall have the discretion

to direct surplus items to the highest possible use, acting in the best interest of

the State. e. If an item that has been declared by a State entity to be surplus, obsolete or

no longer suitable for the purpose for which it was intended and has been deemed suitable

for redistribution is not claimed by another State entity pursuant to subsection d.

of this section, then the director of the division may declare the item eligible for

distribution to local governmental entities, boards of education, nonpublic schools

and nonprofit charitable corporations pursuant to section 1 of P.L.1999, c. 194 ( C.52:27B-67.1 ). f. The director of the division may, with the State Treasurer's approval, take any

item that is not otherwise distributed pursuant to the provisions of this section

or section 1 of P.L.1999, c. 194 ( C.52:27B-67.1 ) and dispose thereof, and thereupon the director shall pay the proceeds arising from

the item's disposition into the General Fund of the State. g. The State shall not be liable for any damages that may result from the use or operation

of any computer, computer equipment, or portable communication device distributed

or purchased pursuant to this section. h. Within 18 months of the effective date of this act, P.L.2011, c. 225 , the director of the division shall issue a report to the Governor, and to the Legislature

pursuant to section 2 of P.L.1991, c. 164 ( C.52:14-19.1 ), regarding the disposition programs and data security measures established pursuant

to this act.