2023 -- H 5746

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LC001793

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- STATE PURCHASES

     Introduced By: Representatives Baginski, Biah, and Finkelman

     Date Introduced: February 21, 2023

     Referred To: House Innovation, Internet, & Technology

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 37-2 of the General Laws entitled "State Purchases" is hereby

amended by adding thereto the following section:

     37-2-82. Prohibiting state agencies from entering into contracts limiting ability to

install or run certain software.

     (a) As used in this section:

     (1) “State agency” means any department, commission, council, board, bureau, committee,

institution, or other governmental entity of the executive or judicial branch of this state not

otherwise established as a body corporate and politic, and includes, without limitation, the council

on postsecondary education, except for purchases which are funded by restricted, sponsored, or

auxiliary monies, the university of Rhode Island board of trustees, except for all purchases which

are funded by restricted, sponsored, or auxiliary monies, and the council on elementary and

secondary education.

     (2) “State contract” means all types of agreements, including grants and orders, for the

purchase or disposal of supplies, services, construction, or any other item, entered into by a state

agency the cost or price of which is to be paid, in whole or in part, with or out of state funds. It

includes awards; contracts of a fixed-price, cost, cost-plus-a-fixed-fee, or incentive type; contracts

providing for the issuance of job or task orders; leases; letter contracts; purchase orders; and

construction management contracts. It also includes supplemental agreements with respect to any

of the foregoing documents.

     (b) The terms of a state contract entered into by a state agency for the licensing of software

applications designed to run on generally available desktop or server hardware shall not limit the

ability of the state agency to install or run the software on the hardware of the state agency’s

choosing.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- STATE PURCHASES

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     This act would provide that if a state agency enters into a state contract for the licensing of

software applications designed to run on generally available desktop or server hardware, the terms

of the software contract would not limit the ability of the state agency to install or run the software

on the hardware of the state agency’s choosing.

     This act would take effect upon passage.

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