S T A T E   O F   N E W   Y O R K
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                                  5908

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

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
              

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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

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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.