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S03736 Summary:

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S03736 Floor Votes:

S03736 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3736--A
            Cal. No. 264
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                      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 -- reported favorably from said committee,
          ordered to first and  second  report,  ordered  to  a  third  reading,

          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading
 
        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    §  2.  Short  title.  This  act shall be known and may be cited as the
    15  "academic research information access act".
    16    § 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.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08686-05-1
        S. 3736--A                          2
 
     1    32-b.  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    §  4.  The economic development law is amended by adding a new article
     5  19 to read as follows:
     6                                 ARTICLE 19
     7                    ACADEMIC RESEARCH INFORMATION ACCESS
     8  Section 450. Academic research information access program.

     9    § 450. Academic research information access program.  1.  The  depart-
    10  ment,  in  cooperation with the state university of New York and the New
    11  York state board of regents, shall establish contracts and licenses  for
    12  the  provision  of  proprietary electronic resources, including, but not
    13  limited to academic, professional and industry journals, reference hand-
    14  books and manuals, research tracking tools, indexes and abstracts.   The
    15  beneficiaries  of  these information resources will operate primarily in
    16  the fields of science, technology, engineering, and medical research and
    17  development, and include researchers, scholars, faculty and students  at
    18  participating  member  and associated institutions of the New York state

    19  higher education initiative, and other participating institutions regis-
    20  tered by the state education department office of college and university
    21  evaluation (OCUE),  researchers,  entrepreneurs,  and  other  innovators
    22  existing  in  business incubators aligned with the New York state higher
    23  education initiative member and associated institutions, and  businesses
    24  with  fifty  or  fewer  employees who otherwise meet the definition of a
    25  qualified emerging technology company as defined  by  paragraph  (c)  of
    26  subdivision  one  of  section  thirty-one  hundred  two-e  of the public
    27  authorities law.
    28    2. The department shall create and utilize an advisory board represen-
    29  tative of academic and research libraries from  the  small,  medium  and

    30  large  public  and private institutions of higher education in the state
    31  and the small business communities for the  express  purpose  of  making
    32  regular  recommendations  to  the department regarding the selection and
    33  maintenance of information resources.
    34    3. Agreements reached under the academic research  information  access
    35  program  shall  be  negotiated  by  an  entity  that complies with state
    36  procurement contracting procedures and is selected by the advisory board
    37  and the department. Such negotiating entity may, as part of the terms of
    38  an adopted contract, be compensated from funds appropriated for purposes
    39  of this  section.  In  addition,  an  adopted  contract  may  include  a

    40  provision  to compensate costs associated with the administration of the
    41  contract upon the approval of the advisory board and department.
    42    4. The commissioner shall promulgate such rules and regulations as are
    43  necessary to implement the provisions of this article.
    44    § 5. This act shall take effect on the one hundred eightieth day after
    45  it shall have become a law; provided that,  effective  immediately,  the
    46  addition,  amendment  and/or  repeal of any rule or regulation necessary
    47  for the implementation of this act on its effective date are  authorized
    48  and directed to be made and completed on or before such effective date.