00                  HOUSE CS FOR SENATE BILL NO. 258(L&C)                                                                 
01 "An Act relating to contracts for the licensing of software applications."                                              
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
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.