2025 -- H 5435
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LC001029
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S T A T E O F R H O D E I S L A N D
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 1
amended by adding thereto the following section: 2
37-2-83. Prohibiting state agencies from entering into contracts limiting ability to 3
install or run certain software. 4
(a) As used in this section: 5
(1) "State agencies" has the same meaning as defined in ยง 37-2-7. 6
(2) "State software application purchases" means all types of agreements, including grants 7
and orders, for the purchase or disposal of supplies, services, construction, or any other item, 8
entered into by a state agency the cost or price of which is to be paid, in whole or in part, with or 9
out of state funds. It includes awards; contracts of a fixed-price, cost, cost-plus-a-fixed-fee, or 10
incentive type; contracts providing for the issuance of job or task orders; leases; letter contracts; 11
purchase orders; and construction management contracts. It also includes supplemental agreements 12
with respect to any of the foregoing documents. 13
(b) A state contract for the licensing of software applications, which are intended to be 14
installed by a state agency and designed to run on generally available desktop or server hardware, 15
shall not limit a state agency's ability to install or run the software on the hardware of the state 16
agency's choosing. 17
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SECTION 2. This act shall take effect upon passage. 1
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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 1
agency's ability to install or run the software on their hardware. 2
This act would take effect upon passage. 3
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LC001029
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