HB913: HB913 Administrative Service, Department of; prohibit a governmental entity from entering into contracts for the licensing of certain software applications

25 LC 59 0172 House Bill 913 By: Representatives Fleming of the 114th, Gullett of the 19th, Holcomb of the 101st, Reeves of the 99th, and Crawford of the 89th A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Of ficial Code of Georgia1 Annotated, relating to general authority, duties, and procedure of the Department of2 Administrative services relative to state purchasing, so as to prohibit a governmental entity3 from entering into contracts for the licensing of software appl ications that limit such4 governmental entity's ability to install or run such software applications on certain desktop5 or server hardware of such governmental entity's choosing; to p rovide for a definition; to6 provide for related matters; to provide an effective date and a pplicability; to repeal7 conflicting laws; and for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Co de of Georgia Annotated,11 relating to general authority, duties, and procedure of the Dep artment of Administrative12 Services relative to state purchasing, is amended by adding a n ew Code section to read as13 follows:14 H. B. 913 - 1 - 25 LC 59 0172 "50-5-86.15 (a) As used in this Code section, the term 'governmental entit y' means any department,16 agency, board, bureau, commission, authority, county, municipal corporation, school17 system, or other political subdivision of this state.18 (b) A contract procured by a governmental entity for the licensing of software applications19 designed to run on generally available desktop or server hardwa re shall not limit such20 governmental entity's ability to install or run such software applications on the desktop or21 server hardware of such governmental entity's choosing."22 SECTION 2.23 (a) This Act shall become effective upon its approval by the Governor or upon its becoming24 law without such approval.25 (b) This Act shall apply to all contracts for the licensing of software applications entered into26 by governmental entities on or after the effective date of this Act, and to any renewals,27 modifications, or extensions of such agreements entered into on or after such date.28 SECTION 3.29 All laws and parts of laws in conflict with this Act are repealed.30 H. B. 913 - 2 -