S T A T E O F N E W Y O R K
________________________________________________________________________
5908
2009-2010 Regular Sessions
I N A S S E M B L Y
February 23, 2009
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Introduced by M. of A. SCHIMMINGER, LUPARDO, MAGNARELLI, MILLMAN,
PAULIN, J. RIVERA, FIELDS, KOON, ALFANO, ALESSI, HOYT, CARROZZA,
GABRYSZAK, ENGLEBRIGHT -- Multi-Sponsored by -- M. of A. BOYLAND,
CHRISTENSEN, COLTON, DESTITO, GLICK, KOLB, LIFTON, V. LOPEZ -- read
once and referred to the Committee on Economic Development, Job
Creation, Commerce and Industry
AN ACT to amend the economic development law, in relation to establish-
ing the academic research information access act, and making an appro-
priation therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "academic research information access act".
S 2. Legislative findings. The public and private academic and
research libraries of New York individually license research and devel-
opment information resources. Access to such resources is vitally impor-
tant to the furtherance of an innovation-based economy. The primary
obstacles limiting access to such information resources at institutions
of higher education and within the entrepreneurial community, are the
high cost of licensing agreements and restrictive contracts that inhibit
collaboration. The application of public funding would allow expanded
offerings of information resources while simultaneously increasing
availability and access. 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 3. Subdivision 31 of section 100 of the economic development law, as
added by chapter 947 of the laws of 1968 and as renumbered by chapter
437 of the laws of 1983, is amended to read as follows:
31. to sponsor, foster and support research and to sponsor or conduct
studies relating to science oriented industry and applied research AND
TO PROMOTE THE BROAD AVAILABILITY OF THE INFORMATION RESOURCES REQUIRED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08165-01-9
A. 5908 2
FOR THE INNOVATION AND APPLICATION OF SCIENCE, TECHNOLOGY AND MEDICAL
RESEARCH.
S 4. The economic development law is amended by adding a new article
17 to read as follows:
ARTICLE 17
ACADEMIC RESEARCH INFORMATION ACCESS
SECTION 350. GENERAL.
351. INFORMATION RESOURCES.
352. RESOURCE SELECTION.
353. CONTRACTUAL NEGOTIATIONS.
354. ADMINISTRATION.
S 350. GENERAL. THERE IS HEREBY ESTABLISHED AN ACADEMIC RESEARCH
INFORMATION ACCESS (ARIA) PROGRAM TO BE ADMINISTERED BY THE DEPARTMENT
IN ORDER TO PROMOTE AND ENHANCE TEACHING, LEARNING AND RESEARCH FOR THE
PURPOSE OF THE ECONOMIC ADVANCE OF THIS STATE. THE DEPARTMENT MAY ENTER
INTO AGREEMENTS WITH PUBLIC AND NOT-FOR-PROFIT ORGANIZATIONS TO ESTAB-
LISH AND MAINTAIN THE PROGRAM, AS PROVIDED IN THIS ARTICLE.
S 351. INFORMATION RESOURCES. 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 LIMITED TO ACADEMIC, PROFES-
SIONAL AND INDUSTRY JOURNALS, REFERENCE HANDBOOKS AND MANUALS, RESEARCH
TRACKING TOOLS, INDEXES AND ABSTRACTS. THE BENEFICIARIES OF SUCH INFOR-
MATION RESOURCES SHALL OPERATE PRIMARILY IN THE FIELDS OF SCIENCE, TECH-
NOLOGY AND MEDICAL RESEARCH AND DEVELOPMENT, AND INCLUDE RESEARCHERS,
SCHOLARS, FACULTY AND STUDENTS AT MEMBER AND ASSOCIATE INSTITUTIONS OF
THE NEW YORK STATE HIGHER EDUCATION INITIATIVE (NYSHEI), OTHER INSTI-
TUTIONS REGISTERED BY THE STATE EDUCATION DEPARTMENT OFFICE OF COLLEGE
AND UNIVERSITY EVALUATION (OCUE) AND RESEARCHERS, ENTREPRENEURS, OTHER
INNOVATORS EXISTING IN BUSINESS INCUBATORS ALIGNED WITH NYSHEI MEMBER
AND ASSOCIATE INSTITUTIONS, RECIPIENTS OF GRANTS FROM THE OFFICES OF THE
NEW YORK STATE OFFICE OF SCIENCE, TECHNOLOGY AND ACADEMIC RESEARCH,
EMPIRE STATE DEVELOPMENT CORPORATION, THE NEW YORK STATE ENERGY RESEARCH
AND DEVELOPMENT AUTHORITY AND BUSINESSES WITH FEWER THAN FIFTY EMPLOYEES
CURRENTLY SITUATED IN APPROVED EMPIRE ZONES.
S 352. RESOURCE SELECTION. THE DEPARTMENT SHALL CREATE AN ADVISORY
BOARD REPRESENTATIVE OF THE INTERESTS OF THE LIBRARIES FROM THE SMALL,
MEDIUM AND LARGE PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION IN
NEW YORK STATE AND THE SMALL BUSINESS COMMUNITIES FOR THE EXPRESS
PURPOSE OF MAKING REGULAR RECOMMENDATIONS TO THE DEPARTMENT REGARDING
THE SELECTION OF INFORMATION RESOURCES DESCRIBED IN SECTION THREE
HUNDRED FIFTY-ONE OF THIS ARTICLE.
S 353. CONTRACTUAL NEGOTIATIONS. AGREEMENTS FUNDED BY ARIA SHALL BE
NEGOTIATED BY A STANDING PUBLIC ENTITY THAT COMPLIES WITH STATE PROCURE-
MENT CONTRACTING PROCEDURES AND SELECTED BY THE ADVISORY BOARD PURSUANT
TO A MEMORANDUM OF UNDERSTANDING AMONG NYSHEI, NYLINK, AND THE NEW YORK
STATE LIBRARY AND OTHER SUCH STANDING PUBLIC ENTITIES AS NECESSARY.
S 354. ADMINISTRATION. OTHER SUCH TERMS AND CONDITIONS DEEMED NECES-
SARY FOR THE FULFILLMENT OF THE INTENT OF THIS ARTICLE SHALL BE PROMUL-
GATED BY DEPARTMENT RULES AND REGULATIONS.
S 5. The sum of fifteen million dollars ($15,000,000), or so much
thereof as may be necessary, is hereby appropriated to the department of
economic development out of any moneys in the state treasury in the
general fund to the credit of the general fund, not otherwise appropri-
ated, and made immediately available, for the purpose of carrying out
the provisions of this act. Such moneys shall be payable on the audit
A. 5908 3
and warrant of the comptroller on vouchers certified or approved by the
commissioner of economic development in the manner prescribed by law.
S 6. This act shall take effect immediately.