S T A T E O F N E W Y O R K
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:
Section 1. Legislative findings. The public and private academic and
research libraries of New York individually license research and devel-
opment information resources, access to which is vitally important to
the furtherance of an innovation-based economy. The primary obstacles
limiting access to these information resources both at institutions of
higher education, and within the entrepreneurial community, are the high
cost of licensing agreements and restrictive contracts that inhibit
collaboration. New companies and emerging industries will be encouraged
to locate their business in New York state adding to state revenues that
are derived by the existence of such private and public sector commerce.
Therefore, it is in the best interests of the economic development and
higher education interests of this state to enact the academic research
information access act.
S 2. Short title. This act shall be known and may be cited as the
"academic research information access act".
S 3. Section 100 of the economic development law is amended by adding
two new subdivisions 32-a and 32-b to read as follows:
32-A. TO PROMOTE EFFICIENT UTILIZATION OF STATE RESOURCES FOR THE
PROCUREMENT OF INFORMATION, DATA AND CONTENT RESOURCES, FOR ACADEMIC,
RESEARCH AND COMMERCIAL INSTITUTIONS.
32-B. TO SECURE AGREEMENTS WITH PUBLIC, NOT-FOR-PROFIT AND FOR-PROFIT
CORPORATIONS TO PROVIDE FOR THE PRODUCTIVE USE OF THE STATE RESOURCES
NEEDED TO ENHANCE TEACHING, LEARNING AND RESEARCH.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 3736 2
S 4. The economic development law is amended by adding a new article
18 to read as follows:
ACADEMIC RESEARCH INFORMATION ACCESS
SECTION 360. ACADEMIC RESEARCH INFORMATION ACCESS.
S 360. ACADEMIC RESEARCH INFORMATION ACCESS. 1. THE DEPARTMENT, IN
COOPERATION WITH THE STATE UNIVERSITY OF NEW YORK AND THE NEW YORK STATE
BOARD OF REGENTS, SHALL ESTABLISH CONTRACTS AND LICENSES FOR THE
PROVISION OF PROPRIETARY ELECTRONIC RESOURCES, INCLUDING, BUT NOT LIMIT-
ED TO ACADEMIC, PROFESSIONAL AND INDUSTRY JOURNALS, REFERENCE HANDBOOKS
AND MANUALS, RESEARCH TRACKING TOOLS, INDEXES AND ABSTRACTS. THE BENE-
FICIARIES OF THESE INFORMATION RESOURCES WILL OPERATE PRIMARILY IN THE
FIELDS OF SCIENCE, TECHNOLOGY, ENGINEERING, AND MEDICAL RESEARCH AND
DEVELOPMENT, AND INCLUDE RESEARCHERS, SCHOLARS, FACULTY AND STUDENTS AT
MEMBER AND ASSOCIATED INSTITUTIONS OF THE NEW YORK STATE HIGHER EDUCA-
TION INITIATIVE, AND OTHER INSTITUTIONS REGISTERED BY THE STATE EDUCA-
TION DEPARTMENT OFFICE OF COLLEGE AND UNIVERSITY EVALUATION (OCUE) AND
RESEARCHERS, ENTREPRENEURS, OTHER INNOVATORS EXISTING IN BUSINESS INCU-
BATORS ALIGNED WITH THE NEW YORK STATE HIGHER EDUCATION INITIATIVE
MEMBER AND ASSOCIATED INSTITUTIONS, RECIPIENTS OF GRANTS FROM THE NEW
YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATIONS, THE
EMPIRE STATE DEVELOPMENT CORPORATION, AND OTHER BUSINESSES WITH FIFTY OR
FEWER EMPLOYEES WHO OTHERWISE MEET THE DEFINITION OF A QUALIFIED EMERG-
ING TECHNOLOGY COMPANY AS DEFINED BY PARAGRAPH (C) OF SUBDIVISION ONE OF
SECTION THIRTY-ONE HUNDRED TWO-E OF THE PUBLIC AUTHORITIES LAW.
2. THE DEPARTMENT SHALL CREATE OR UTILIZE AN ADVISORY BOARD REPRESEN-
TATIVE OF THE ACADEMIC AND RESEARCH LIBRARIES FROM THE SMALL, MEDIUM AND
LARGE PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION IN THE STATE
AND THE SMALL BUSINESS COMMUNITIES FOR THE EXPRESS PURPOSE OF MAKING
REGULAR RECOMMENDATIONS TO THE DEPARTMENT REGARDING THE SELECTION AND
MAINTENANCE OF INFORMATION RESOURCES.
3. AGREEMENTS REACHED UNDER THE ACADEMIC RESEARCH INFORMATION ACCESS
PROGRAM SHALL BE NEGOTIATED BY A STANDING PUBLIC ENTITY THAT COMPLIES
WITH STATE PROCUREMENT CONTRACTING PROCEDURES AND IS SELECTED BY THE
ADVISORY BOARD PURSUANT TO A MEMORANDUM OF UNDERSTANDING AMONG THE NEW
YORK STATE HIGHER EDUCATION INITIATIVE, AND THE NEW YORK STATE LIBRARY
AND OTHER SUCH STANDING PUBLIC ENTITY AS NECESSARY. SUCH NEGOTIATING
ENTITY MAY, AS PART OF THE TERMS OF AN ADOPTED CONTRACT, BE COMPENSATED
FROM FUNDS APPROPRIATED FOR PURPOSES OF THIS SECTION.
4. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS ARE
NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE.
S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that, effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.