Bill Text: NY S03736 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3736--A
           Cal. No. 264
                              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 -- 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    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.
        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    S  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    S 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    S 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.