Bill Text: NY A09824 | 2009-2010 | General Assembly | Amended
Bill Title: Enacts the academic research information access act under the science, technology and innovation foundation.
Spectrum: Strong Partisan Bill (Democrat 31-3)
Status: (Introduced - Dead) 2010-06-01 - print number 9824a [A09824 Detail]
Download: New_York-2009-A09824-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9824--A
I N A S S E M B L Y
February 1, 2010
___________
Introduced by M. of A. SCHIMMINGER, LUPARDO, MAGNARELLI, MILLMAN,
PAULIN, J. RIVERA, FIELDS, KOON, ALFANO, ALESSI, HOYT, CARROZZA,
GABRYSZAK, ENGLEBRIGHT, STIRPE, CASTRO, DelMONTE, ESPAILLAT, GLICK,
LIFTON, BING -- Multi-Sponsored by -- M. of A. BOYLAND, CHRISTENSEN,
COLTON, DESTITO, JAFFEE, JOHN, KOLB, V. LOPEZ, MAISEL, MORELLE, PHEF-
FER, SPANO, ZEBROWSKI -- read once and referred to the Committee on
Economic Development, Job Creation, Commerce and Industry -- reported
and referred to the Committee on Ways and Means -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the public authorities law, in relation to establishing
the academic research information access act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings. The public and private academic and
2 research libraries of New York individually license research and devel-
3 opment information resources, access to which is vitally important to
4 the furtherance of an innovation-based economy. The primary obstacles
5 limiting access to these information resources both at institutions of
6 higher education, and within the entrepreneurial community, are the high
7 cost of licensing agreements and restrictive contracts that inhibit
8 collaboration. New companies and emerging industries will be encouraged
9 to locate their business in New York state adding to state revenues that
10 are derived by the existence of such private and public sector commerce.
11 Therefore, it is in the best interests of the economic development and
12 higher education interests of this state to enact the academic research
13 information access act.
14 S 2. Short title. This act shall be known and may be cited as the
15 "academic research information access act".
16 S 3. Subdivision 3 of section 3152 of the public authorities law is
17 amended by adding two new paragraphs (o) and (p) to read as follows:
18 (O) TO PROMOTE EFFICIENT UTILIZATION OF STATE RESOURCES FOR THE
19 PROCUREMENT OF INFORMATION, DATA AND CONTENT RESOURCES, FOR ACADEMIC,
20 RESEARCH AND COMMERCIAL INSTITUTIONS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15578-14-0
A. 9824--A 2
1 (P) TO SECURE AGREEMENTS WITH PUBLIC, NOT-FOR-PROFIT AND FOR-PROFIT
2 CORPORATIONS TO PROVIDE FOR THE PRODUCTIVE USE OF THE STATE RESOURCES
3 NEEDED TO ENHANCE TEACHING, LEARNING AND RESEARCH.
4 S 4. The public authorities law is amended by adding a new section
5 3158-a to read as follows:
6 S 3158-A. ACADEMIC RESEARCH INFORMATION ACCESS. 1. THE BOARD, IN
7 COOPERATION WITH THE STATE UNIVERSITY OF NEW YORK AND THE NEW YORK STATE
8 BOARD OF REGENTS, SHALL ESTABLISH CONTRACTS AND LICENSES FOR THE
9 PROVISION OF PROPRIETARY ELECTRONIC RESOURCES, INCLUDING, BUT NOT LIMIT-
10 ED TO ACADEMIC, PROFESSIONAL AND INDUSTRY JOURNALS, REFERENCE HANDBOOKS
11 AND MANUALS, RESEARCH TRACKING TOOLS, INDEXES AND ABSTRACTS. THE BENE-
12 FICIARIES OF THESE INFORMATION RESOURCES WILL OPERATE PRIMARILY IN THE
13 FIELDS OF SCIENCE, TECHNOLOGY, ENGINEERING, AND MEDICAL RESEARCH AND
14 DEVELOPMENT, AND SHALL INCLUDE RESEARCHERS, SCHOLARS, FACULTY AND
15 STUDENTS AT MEMBER AND ASSOCIATED INSTITUTIONS OF THE NEW YORK STATE
16 HIGHER EDUCATION INITIATIVE, OTHER INSTITUTIONS REGISTERED BY THE STATE
17 EDUCATION DEPARTMENT OFFICE OF COLLEGE AND UNIVERSITY EVALUATION (OCUE),
18 RESEARCHERS, ENTREPRENEURS, AND OTHER INNOVATORS EXISTING IN BUSINESS
19 INCUBATORS ALIGNED WITH THE NEW YORK STATE HIGHER EDUCATION INITIATIVE
20 MEMBER AND ASSOCIATED INSTITUTIONS, AND RECIPIENTS OF GRANTS FROM THE
21 FOUNDATION, THE URBAN DEVELOPMENT CORPORATION, OR THE DEPARTMENT OF
22 ECONOMIC DEVELOPMENT, THAT ARE BUSINESSES WITH FIFTY OR FEWER EMPLOYEES
23 WHO OTHERWISE MEET THE DEFINITION OF A QUALIFIED EMERGING TECHNOLOGY
24 COMPANY AS DEFINED BY PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION THIR-
25 TY-ONE HUNDRED TWO-E OF THE PUBLIC AUTHORITIES LAW.
26 2. THE BOARD SHALL CREATE OR UTILIZE AN ADVISORY BOARD REPRESENTATIVE
27 OF THE ACADEMIC AND RESEARCH LIBRARIES FROM THE SMALL, MEDIUM AND LARGE
28 PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION IN THE STATE AND THE
29 SMALL BUSINESS COMMUNITIES FOR THE EXPRESS PURPOSE OF MAKING REGULAR
30 RECOMMENDATIONS TO THE BOARD REGARDING THE SELECTION AND MAINTENANCE OF
31 INFORMATION RESOURCES.
32 3. AGREEMENTS REACHED UNDER THE ACADEMIC RESEARCH INFORMATION ACCESS
33 PROGRAM SHALL BE NEGOTIATED BY A STANDING PUBLIC ENTITY THAT COMPLIES
34 WITH STATE PROCUREMENT CONTRACTING PROCEDURES AND IS SELECTED BY THE
35 ADVISORY BOARD PURSUANT TO A MEMORANDUM OF UNDERSTANDING AMONG THE NEW
36 YORK STATE HIGHER EDUCATION INITIATIVE, NYLINK, AND THE NEW YORK STATE
37 LIBRARY AND OTHER SUCH STANDING PUBLIC ENTITY AS NECESSARY. SUCH NEGOTI-
38 ATING ENTITY MAY, AS PART OF THE TERMS OF AN ADOPTED CONTRACT, BE
39 COMPENSATED FROM FUNDS APPROPRIATED FOR PURPOSES OF THIS SECTION.
40 4. THE EXECUTIVE DIRECTOR SHALL PROMULGATE SUCH RULES AND REGULATIONS
41 AS ARE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
42 S 5. This act shall take effect on the one hundred eightieth day after
43 it shall have become a law; provided that, effective immediately, the
44 addition, amendment and/or repeal of any rule or regulation necessary
45 for the implementation of this act on its effective date are authorized
46 and directed to be made and completed on or before such effective date.
