Revision: Jan. 27, 2011, midnight
HB 418-FN – AS INTRODUCED
2011 SESSION
05/10
HOUSE BILL 418-FN
AN ACT requiring state agencies to consider open source software when acquiring new software.
SPONSORS: Rep. Cohn, Merr 6; Rep. Pratt, Hills 7; Rep. Lambert, Hills 27; Rep. Cox, Merr 6; Rep. B. MacMahon, Rock 10; Rep. Davenport, Rock 12
COMMITTEE: Executive Departments and Administration
This bill requires state agencies to consider open source software when acquiring new software.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0741
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT requiring state agencies to consider open source software when acquiring new software.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Purpose and Findings.
I. The general court finds that:
(a) The cost of obtaining software for the state’s computer systems has become a significant expense to the state;
(b) The personnel costs of maintaining the software on the state’s computers has also become a significant expense to the state;
(c) It is necessary for the functioning of the state that computer data owned by the state be permanently available to the state throughout its useful life;
(d) To guarantee the succession and permanence of public data, it is necessary that the state’s accessibility to that data be independent of the goodwill of the state’s computer system suppliers and the conditions imposed by these suppliers;
(e) It is in the public interest to ensure interoperability of computer systems through the use of software and products that promote open, platform-neutral standards;
(f) It is also in the public interest that the state be free, to the greatest extent possible, of conditions imposed by parties outside the state’s control on how, and for how long, the state may use the software it has acquired; and
(g) It is not in the public interest and it is a violation of the fundamental right to privacy for the state to use software that, in addition to its stated function, also transmits data to, or allows control and modification of its systems by, parties outside of the state’s control.
II. The general court further finds that:
(a) The acquisition and widespread deployment of open source software can significantly reduce the state’s costs of obtaining and maintaining software;
(b) Open source software guarantees that its encoding of data is not tied to a single provider;
(c) Open source software enables interoperability through adherence to open, platform-neutral standards;
(d) Open source software contains no restrictions on how, or for how long, it may be used; and
(e) Since open source software fully discloses its internal operations, it can be audited, at any time and by anyone of the state’s choosing, for internal functions that are contrary to the public’s interests and rights.
III. Therefore, it is in the public interest that the state of New Hampshire consider using open source software in its public computing functions.
2 New Subdivision; Department of Information Technology; Open Source Software. Amend RSA 21-R by inserting after section 9 the following new subdivision:
21-R:10 Definitions. In this subdivision:
I. “Open source software” means software that guarantees the user, without further cost:
(a) Unrestricted use of the software for any purpose;
(b) Unrestricted access to the respective source code;
(c) Exhaustive inspection of the working mechanisms of the software;
(d) Use of the internal mechanisms and arbitrary portions of the software, to adapt them to the needs of the user;
(e) Freedom to make and distribute copies of the software; and
(f) Modification of the software and freedom to distribute modifications of the new resulting software, under the same license as the original software.
II. “Open standards” means specifications for the encoding and transfer of computer data that:
(a) Is free for all to implement and use in perpetuity, with no royalty or fee;
(b) Has no restrictions on the use of data stored in the format;
(c) Has no restrictions on the creation of software that stores, transmits, receives, or accesses data codified in such way;
(d) Has a specification available for all to read, in a human-readable format, written in commonly accepted technical language;
(e) Is documented, so that anyone can write software that can read and interpret the complete semantics of any data file stored in the data format;
(f) If it allows extensions, ensures that all extensions of the data format are themselves documented and have the other characteristics of an open data format;
(g) Allows any file written in that format to be identified as adhering or not adhering to the format; and
(h) If it includes any use of encryption, provides that the encryption algorithm is usable in a royalty-free, nondiscriminatory manner in perpetuity, and is documented so that anyone in possession of the appropriate encryption key or keys is able to write software to unencrypt the data.
III. “Proprietary software” means software that does not fulfill all of the guarantees provided by open source software.
IV. “State agency” means any department, commission, board, institution, bureau, office, or other entity, by whatever name called, including the legislative and judicial branches of state government, established in the state constitution, statutes, session laws, or executive orders.
21-R:11 Consideration of Open Source Software by State Agencies. For all new software acquisitions, each state agency, in consultation with the department of information technology, shall:
I. Consider acquiring open source software products and services as an alternative to proprietary software products and services;
II. Except as provided in paragraphs IV and V, acquire software products primarily on a value-for-money basis;
III. Provide justification whenever a proprietary software product is acquired rather than open source software;
IV. Avoid the acquisition of products that do not comply with open standards for interoperability or data storage; and
V. Avoid the acquisition of products that are known to make unauthorized transfers of information to, or permit unauthorized control of or modification to state government’s computer systems by, parties outside the control of state government.
3 Effective Date. This act shall take effect 60 days after its passage.
LBAO
11-0741
01/19/11
HB 418-FN - FISCAL NOTE
AN ACT requiring state agencies to consider open source software when acquiring new software.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill at this time. When completed, the fiscal note will be forwarded to the House Clerk's Office.