Senate Bill S3375

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

                                  3375

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 17, 2011
                               ___________

Introduced  by  Sen.  PARKER -- 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 public authorities law, in relation to establishing
  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.  Subdivision  3 of section 3152 of the public authorities law is
amended by adding two new paragraphs (o) and (p) to read as follows:
  (O) TO PROMOTE  EFFICIENT  UTILIZATION  OF  STATE  RESOURCES  FOR  THE
PROCUREMENT  OF  INFORMATION,  DATA AND CONTENT RESOURCES, FOR ACADEMIC,
RESEARCH AND COMMERCIAL INSTITUTIONS.
  (P) 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.
                                                           LBD07617-01-1

              

S. 3375                             2

  S 4. The public authorities law is amended by  adding  a  new  section
3158-a to read as follows:
  S  3158-A.    ACADEMIC  RESEARCH  INFORMATION ACCESS. 1. THE BOARD, 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  SHALL  INCLUDE  RESEARCHERS,  SCHOLARS,  FACULTY  AND
STUDENTS AT MEMBER AND ASSOCIATED INSTITUTIONS OF  THE  NEW  YORK  STATE
HIGHER  EDUCATION INITIATIVE, OTHER INSTITUTIONS REGISTERED BY THE STATE
EDUCATION DEPARTMENT OFFICE OF COLLEGE AND UNIVERSITY EVALUATION (OCUE),
RESEARCHERS, ENTREPRENEURS, AND OTHER INNOVATORS  EXISTING  IN  BUSINESS
INCUBATORS  ALIGNED  WITH THE NEW YORK STATE HIGHER EDUCATION INITIATIVE
MEMBER AND ASSOCIATED INSTITUTIONS, AND RECIPIENTS OF  GRANTS  FROM  THE
FOUNDATION,  THE  URBAN  DEVELOPMENT  CORPORATION,  OR THE DEPARTMENT OF
ECONOMIC DEVELOPMENT, THAT ARE BUSINESSES WITH FIFTY OR FEWER  EMPLOYEES
WHO  OTHERWISE  MEET  THE  DEFINITION OF A QUALIFIED EMERGING TECHNOLOGY
COMPANY AS DEFINED BY PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION  THIR-
TY-ONE HUNDRED TWO-E OF THIS ARTICLE.
  2.  THE BOARD SHALL CREATE OR UTILIZE AN ADVISORY BOARD REPRESENTATIVE
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 BOARD 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, NYLINK, AND THE NEW YORK STATE
LIBRARY AND OTHER SUCH STANDING PUBLIC ENTITY AS NECESSARY. SUCH NEGOTI-
ATING ENTITY MAY, AS PART OF  THE  TERMS  OF  AN  ADOPTED  CONTRACT,  BE
COMPENSATED FROM FUNDS APPROPRIATED FOR PURPOSES OF THIS SECTION.
  4.  THE EXECUTIVE DIRECTOR SHALL PROMULGATE SUCH RULES AND REGULATIONS
AS ARE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of this act on its effective date is authorized to be made on or
before such effective date.