CONTRACT: LICENSING SOFTWARE APPLICATIONS, the official text

00Enrolled SB 258
01Relating to contracts for the licensing of software applications. 
02 _______________ 
03 * Section 1. AS 36.90 is amended by adding a new section to read: 
04 Sec. 36.90.310. Software licenses. (a) Except for a contract entered into under 
05 AS 36.30.300 - 36.30.320, a contract entered into by the state to license a software 
06 application designed to run on generally available desktop or server hardware may not 
07 limit the state's ability to install or run the software on desktop or server hardware of 
08 the state's choosing. 
09 (b) This section does not prohibit the state from 
10 (1) entering into a contract that includes a restriction that is necessary 
11 because of a federal accreditation requirement, a security certification requirement, or 
12 the technical architecture of the software application; 
13 (2) voluntarily purchasing bundled software, including cloud, hosting, 
14 support, or related services, or from negotiating pricing discounts associated with 
15 those purchases under a contract that does not otherwise restrict the state's ability to

01 install or operate the software application on desktop or server hardware of the state's 
02 choosing; or 
03 (3) voluntarily purchasing bundled software that is restricted by the 
04 vendor for the purpose of discounted rates if the state determines in writing that the 
05 restriction is in the best interest of the state. 
06 (c) The commissioner of administration may adopt regulations to implement 
07 this section. 
08 (d) In this section, "state" has the meaning given to "state or a political 
09 subdivision of the state" in AS 36.95.010. 
10 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 
11 read: 
12 APPLICABILITY. AS 36.90.310, enacted by sec. 1 of this Act, applies to a contract 
13 entered into, renewed, or amended on or after the effective date of sec. 1 of this Act.