CONTRACT: LICENSING SOFTWARE APPLICATIONS, the official text

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

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