Bill Text: NY S03736 | 2011-2012 | General Assembly | Introduced
Bill Title: Enacts the academic research information access act under the department of economic development.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2011-08-17 - VETOED MEMO.45 [S03736 Detail]
Download: New_York-2011-S03736-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3736
2011-2012 Regular Sessions
I N S E N A T E
March 2, 2011
___________
Introduced by Sen. ALESI -- read twice and ordered printed, and when
printed to be committed to the Committee on Commerce, Economic Devel-
opment and Small Business
AN ACT to amend the economic development law, in relation to establish-
ing 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. Section 100 of the economic development law is amended by adding
17 two new subdivisions 32-a and 32-b to read as follows:
18 32-A. TO PROMOTE EFFICIENT UTILIZATION OF STATE RESOURCES FOR THE
19 PROCUREMENT OF INFORMATION, DATA AND CONTENT RESOURCES, FOR ACADEMIC,
20 RESEARCH AND COMMERCIAL INSTITUTIONS.
21 32-B. TO SECURE AGREEMENTS WITH PUBLIC, NOT-FOR-PROFIT AND FOR-PROFIT
22 CORPORATIONS TO PROVIDE FOR THE PRODUCTIVE USE OF THE STATE RESOURCES
23 NEEDED TO ENHANCE TEACHING, LEARNING AND RESEARCH.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08686-02-1
S. 3736 2
1 S 4. The economic development law is amended by adding a new article
2 18 to read as follows:
3 ARTICLE 18
4 ACADEMIC RESEARCH INFORMATION ACCESS
5 SECTION 360. ACADEMIC RESEARCH INFORMATION ACCESS.
6 S 360. ACADEMIC RESEARCH INFORMATION ACCESS. 1. THE DEPARTMENT, 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 INCLUDE RESEARCHERS, SCHOLARS, FACULTY AND STUDENTS AT
15 MEMBER AND ASSOCIATED INSTITUTIONS OF THE NEW YORK STATE HIGHER EDUCA-
16 TION INITIATIVE, AND OTHER INSTITUTIONS REGISTERED BY THE STATE EDUCA-
17 TION DEPARTMENT OFFICE OF COLLEGE AND UNIVERSITY EVALUATION (OCUE) AND
18 RESEARCHERS, ENTREPRENEURS, OTHER INNOVATORS EXISTING IN BUSINESS INCU-
19 BATORS ALIGNED WITH THE NEW YORK STATE HIGHER EDUCATION INITIATIVE
20 MEMBER AND ASSOCIATED INSTITUTIONS, RECIPIENTS OF GRANTS FROM THE NEW
21 YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATIONS, THE
22 EMPIRE STATE DEVELOPMENT CORPORATION, AND OTHER BUSINESSES WITH FIFTY OR
23 FEWER EMPLOYEES WHO OTHERWISE MEET THE DEFINITION OF A QUALIFIED EMERG-
24 ING TECHNOLOGY COMPANY AS DEFINED BY PARAGRAPH (C) OF SUBDIVISION ONE OF
25 SECTION THIRTY-ONE HUNDRED TWO-E OF THE PUBLIC AUTHORITIES LAW.
26 2. THE DEPARTMENT SHALL CREATE OR UTILIZE AN ADVISORY BOARD REPRESEN-
27 TATIVE OF THE ACADEMIC AND RESEARCH LIBRARIES FROM THE SMALL, MEDIUM AND
28 LARGE PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION IN THE STATE
29 AND THE SMALL BUSINESS COMMUNITIES FOR THE EXPRESS PURPOSE OF MAKING
30 REGULAR RECOMMENDATIONS TO THE DEPARTMENT REGARDING THE SELECTION AND
31 MAINTENANCE OF 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, AND THE NEW YORK STATE LIBRARY
37 AND OTHER SUCH STANDING PUBLIC ENTITY AS NECESSARY. SUCH NEGOTIATING
38 ENTITY MAY, AS PART OF THE TERMS OF AN ADOPTED CONTRACT, BE COMPENSATED
39 FROM FUNDS APPROPRIATED FOR PURPOSES OF THIS SECTION.
40 4. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS ARE
41 NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE.
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.
