For many years, the open source software community has made the distinction between "free as in freedom" (the software can be used or modified as the user sees fit) and "free as in beer" (the software is available at no cost). Some have added a third type of free: "free as in puppy". Like a puppy, adopting open source software has ongoing cost.

What many people don't consider is that developing open source software has a cost, too. Many developers purchase extra hardware for testing or pay for code hosting, a website, etc. A pending bill in the New York Senate aims to help offset those costs.

The bill, sponsored by Senator Daniel Squadron (D-26th) and co-sponsored by Senator Ruth Hassell-Thompson (D-36th), would provide a tax credit of 20% of "expenses associated with the development of open source and free software", up to an annual maximum of $200. Based on a 2006 report by the Center for American Progress, this bill appears to be the first of its kind introduced to a state legislature.

Promoting innovation is the primary reason for this bill. Senator Squadron recognizes the impact of open source software despite not being a coder himself: "I represent the tech triangle and Williamsburg in Brooklyn, as well as areas in lower Manhattan where the technology sector has a growing presence—supporting that kind of innovation is key. I've also seen the cost-saving impacts open source can have for everyday users and businesses. Incentivizing open source software can attract more open source developers, create in-state jobs, and add to the state's burgeoning technology sector. Personally though, I won't be coding."

The Open Source Initiative (OSI) provided guidance on factual matters related to open source and free software. "The Senator's office wanted to ensure consistency in evaluation by government/state officials, continuity with internationally recognized standards and the software industry, and avoid ambiguity among projects that may call themselves open source but do not comply with the Open Source Definition", OSI General Manager Patrick Masson said. OSI has promoted awareness of this bill and announced its support.

Versions of this bill have been introduced previously, but have not passed. Part of of the challenge is getting a legislative body to understand technology issues. Senator Squadron's office has indicated that public support seems to be growing, and an increasing awareness of the economic impacts of open source technology can be a major driver of bipartisan support.

Senate Bill 161 is currently in the Senate's Investigations and Government Operations Committee. The full text is available online. New York residents who wish to contact their senator can find contact information on the New York State Senate website.