2025 -- H 5435

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LC001029

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- STATE PURCHASES

     Introduced By: Representatives Baginski, Lima, Spears, and Solomon

     Date Introduced: February 12, 2025

     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:

     37-2-83. Prohibiting state agencies from entering into contracts limiting ability to

install or run certain software.

     (a) As used in this section:

     (1) "State agencies" has the same meaning as defined in § 37-2-7.

     (2) "State software application purchases" 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) A state contract for the licensing of software applications, which are intended to be

installed by a state agency and designed to run on generally available desktop or server hardware,

shall not limit a state agency's ability 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 prohibit state agencies from entering into software contracts that limit the

agency's ability to install or run the software on their hardware.

     This act would take effect upon passage.

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