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History
- Referred to finance
Full text
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Sponsor's memo
Title of bill
An act to amend the state finance law, in relation to the procurement and use of Open Source Initiative approved open source license by state agencies
Purpose
To ensure that state agencies are considering the use of open source software in procurement.
Summary of provisions
Section 1 amends Section 161 of the State Finance Law by requiring the State Procurement Council to Recommend to the Commissioner of General Services necessary legislative changes or modifications to existing or proposed rules, regulations and procedures that would allow for the procurement of open source software. In addition, the council must establish and, from time to time, amend guidelines with respect to the use of software distributed with an Open Source Initiative Approved Open Source License by state agencies in the procurement process.
Section 2 amends Section 163 of the State Finance Law by requiring state agencies to consider the use of open source software if it is available in the form, function and utility consistent with their needs in accordance with guidelines established by the state procurement council.
Justification
According to a report by the Center for American Progress, "open source software is software that may be freely downloaded and used, and in which the basic operating instructions that make up the software are freely viewable and may be modified by users." As discussed in a October 26, 2015 article of the "Washington Business Journal," because technology is constantly changing and at a rapid pace, we must ensure that government is not procuring software whose solutions are outdated by the time the contractor delivers them.
It is in New York's interest that our state agencies function as efficiently as possible. The procurement of open source software can help to meet that goal. This bill would require the State Procurement Council to recommend necessary changes to law and regulations to allow for the procurement of open source software. According to the Office of General Services, The New York State Procurement Council is "responsible for the study, analysis and development of recommendations to improve state procurement policy and practices; and for development and issuance of guidelines governing state agency procurement." In addition, this legislation would require state agencies consider the use of software distributed with an Open Source Initiative Approved Open Source License if it is available in the form, function and utility consistent with their needs in accordance with guidelines established by the state procurement council.
Prior legislative history
New Bill
Effective date
Shall take effect immediately; provided however that the amendments to Section 163 of the state finance law made by section two of this act shall not affect the repeal of such section and shall be deemed repealed therewith.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.