Senate Bill S7768

                                 BILL NUMBER:  S7768

 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solutions are outdated by the time the contractor delivers them.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.