What's happening
This bill requires New York state agencies to consider and establish guidelines for procuring Open Source Initiative-approved software.
Why it matters
Could increase transparency and security in government IT systems. by encouraging the use of open-source software, whose code is publicly available for review, modification, and audit—potentially reducing the risk of hidden vulnerabilities or “black box” systems.
May lead to significant cost savings for taxpayers. over time, as open source software is typically free from licensing fees and can reduce vendor lock-in, enabling state agencies to adapt or maintain their own software solutions without being tied to proprietary contracts.
Supports innovation and customization for state agencies. , allowing them to tailor software to their specific needs and potentially fostering local tech expertise by engaging with open-source communities or hiring local developers for modifications and maintenance.
Promotes state-level leadership in digital best practices. , signaling a commitment to modern, flexible IT procurement policies that could influence other states or jurisdictions to consider open source as a viable and preferred alternative.
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Who cares
Headline styles
Require Open Source Software
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to finance
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
492
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. SQUADRON -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 161 of the state finance law is amended by adding two new paragraphs o and p to read as follows:
o. Recommend to the commissioner necessary legislative changes or modifications to existing or proposed rules, regulations and procedures that would allow for the procurement of software distributed with an Open Source Initiative approved open source license by state agencies.
p. 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.
§ 2. Subdivision 4 of section 163 of the state finance law is amended by adding a new paragraph h to read as follows:
h. State agencies shall 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.
§ 3. This act 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00450-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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 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
2016: S.7768 - REFERRED TO FINANCE
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.