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

                                  5419

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               May 4, 2009
                               ___________

Introduced  by  Sen.  STACHOWSKI  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Commerce,  Economic
  Development 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.  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
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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10144-01-9
              

S. 5419                             2

                               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. This act shall take effect immediately.