Revision: Jan. 31, 2023, 1:21 p.m.
HB 556-FN - AS INTRODUCED
HOUSE BILL 556-FN
SPONSORS: Rep. Gallager, Merr. 20
COMMITTEE: Science, Technology and Energy
This bill adds duties to the information technology council to include advising the commissioner about the use of free and open source 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Department of Information Technology; Information Technology Council. Amend RSA 21-R:6, I to read as follows:
I. There is hereby established the information technology council. The council shall[ advise the commissioner on the following]:
(a) Advise the commissioner on the following:
[(a)] (1) Statewide strategic technology plans.
[(b)] (2) Outsourcing relationships, including the purchase of technology equipment and contracts with technology vendors.
[(c)] (3) Computer systems consolidation.
[(d)] (4) Implementation of centralized services.
[(e)] (5) Information technology resource changes, including changes in quantity of resources allocated to executive branch agencies, location of information technology resources, and allocation of information technology personnel.
[(f)] (6) Statewide information technology policies and standards.
[(g)] (7) Information technology budgeting and resource allocation.
[(h)] (8) The security of data shared with the federal government, methods to improve state data security practices, and suggested legislation, policies, and procedures to limit data sharing when its confidentiality cannot be assured.
(9) The potential cost and feasibility of replacing all proprietary software used by state agencies with free software including all the relevant compliance and security concerns associated with making such a transition and timeline for implementation.
(10) The ethics of artificial intelligence usage by state agencies.
(b) Explore the scope and application of free software, including copyleft licenses, in the public and private sector.
(c) Examine legal protection for copyleft licensees, including and presumptions in favor of copyleft licensees.
(d) Study the state's ability to develop and release open source software and consider ways to reduce the mandatory use of proprietary software.
(e) Consider how to develop a program and funding mechanism to provide legal assistance to developers of free software.
(f) Review and develop recommendations for the expansion of the statewide information policy on open government data standards in RSA 21-R:14.
(g) Enact, adopt, and implement, when feasible, a policy to ensure the right to data portability.
HB 556-FN- FISCAL NOTE
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
[ X ] General [ ] Education [ ] Highway [ ] Other
This bill adds duties to the information technology council to include advising the commissioner about the use of free and open source software. The Department of Information Technology (DoIT) states this bill changes the mission of the Information Technology Council by broadening the scope of responsibility and authority beyond the Executive Branch. Typically DoIT pre-work is done to prepare for council deliberations and ratification as an off shoot of normal information technology best practices. However, this bill expands language and adds a significant amount of additional work that could not be absorbed by the existing DoIT staff. Lastly, this bill requires a skill set that is typically not staffed in an IT organization. The DoIT indicates to maintain compliance with the language in this bill, DoIT would need to implement an ongoing Open source Program as a new organization entity within the Department. This new organization entity would work on ethics of artifical intelligence, examine legal protection for copyleft* licenses, explore the scope and application of free software, including copyleft licenses, and develop a program and funding mechanism to provide legal assistance all which would be a new skill set for DoIT. The organization would also determine the actual cost and time line for replacing all proprietary software used by state agencies which includes 400+ applications on top of all the public facing state applications. To implement this program DoIT would need a Director of Opensource Programs (Information Technology Manager V), labor grade 34, step 5, a Copyright Attorney (Attorney IV) labor grade 32, step 5, and two Business System Analyst, labor grade 30, step 5. The Director of Opensource Programs would report on status and strategic initiative to The Information Technology Council on a quarterly basis at a minimum. The Director would report to the DoIT Commissioner and recruit the three additional positions listed below. DoIT notes the assigned resources would not be able to fulfill all of the assigned missions at the same time and it would take years to complete once fully staffed. They also note the work required by the bill would need to be fulfilled by State General Funds as it is not eligible for other funding sources.
Director of Opensource Program
Business Analyst x2
Lastly, DoIT notes the fiscal impact only includes the cost for the Executive Branch.
Department of Information Technology
*Copyleft is an arrangement whereby software or artistic work may be used, modified, and distributed freely on condition that anything derived from it is bound by the same condition.