senate Bill S3736A

2011-2012 Legislative Session

Enacts the academic research information access act

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Sponsored By

Archive: Last Bill Status - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2011 vetoed memo.45
Aug 05, 2011 delivered to governor
Jun 06, 2011 returned to senate
passed assembly
ordered to third reading rules cal.51
substituted for a5181a
May 17, 2011 referred to ways and means
delivered to assembly
passed senate
May 04, 2011 amended on third reading 3736a
Mar 31, 2011 advanced to third reading
Mar 30, 2011 2nd report cal.
Mar 29, 2011 1st report cal.264
Mar 02, 2011 referred to commerce, economic development and small business

Votes

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Mar 29, 2011 - Commerce, Economic Development and Small Business committee Vote

S3736
11
0
committee
11
Aye
0
Nay
0
Aye with Reservations
1
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S3736 - Bill Details

See Assembly Version of this Bill:
A5181A
Law Section:
Economic Development Law
Laws Affected:
Amd §100, add Art 19 §450, Ec Dev L

S3736 - Bill Texts

view summary

Enacts the academic research information access act under the department of economic development.

view sponsor memo
BILL NUMBER:S3736 REVISED 04/19/11

TITLE OF BILL:
An act
to amend the economic development law, in relation to establishing the
academic research information access act

PURPOSE OF THE BILL:
ARIA leverages New York State's public and private higher education
sector - the largest and most diverse in the nation - to implement an
information infrastructure for research, scholarship, and innovation
in the STEM (science, technology, engineering, and mathematics) fields.
When implemented, ARIA will lower costs for higher education and small
business, expand access to cutting-edge research, and support
economically beneficial innovation and entrepreneurialism.

SUMMARY OF SPECIFIC PROVISIONS:

§ 1- Legislative findings. The New York State Commission on Higher
Education concluded in their June 2008 Final Report of Findings and
Recommendations that New York State is rapidly losing ground in the
global competition for preeminence in the knowledge-based economy of
the twenty-first century. Among its recommendations, the Commission
argued that two "infrastructure investments are particularly critical
to participation in the knowledge economy: technology and academic
libraries."

To create the needed infrastructure the Commission sought the
"academic library pooling of electronic information." The report
said, "not only are scientific discoveries shared through electronic
journals, but faculty and students in both the sciences and
humanities increasingly rely on electronic resources such as
collections of primary literary texts and historical archives.
Academic libraries are now contending with rapidly expanding
information sources, and facing increasing costs for

§ 2- Sets out the short title.

§ 3- Amends section 100 of the Economic Development Law which sets out
the general powers of the Department to include promoting the broad
availability of information resources.

§ 4- Adds a new Article 18 to the Economic Development Law entitled
Academic Research Information Access. Specifically, this section
establishes in statute the framework for the Academic Research
Information Access (ARIA) act. Doing so, this section defines the
participating entities and beneficiaries, provides for a
representative advisory board
to oversee procurement of information resources, and establishes
guidelines for the procedures of ARIA.

§5. Effective date.

JUSTIFICATION:
New York State labors under a state and national economic recession,
widespread budgetary cuts, and in many regions an outdated economic


model. At the same time New York has the largest and best network of
public and private institutions of higher education and research,
from two-year colleges to elite universities.
In order to experience economic revitalization the state must harness
the power and resources of higher education. ARIA offers a way to
promote both campus-based research and off-campus job creation
without adding new costs.

ARIA facilitates collaboration and efficiencies by providing for the
voluntary pooling of assets in order to obtain access to high-end
electronic, peer-reviewed information resources such as journals,
serials, and databases. This allows for greater acquisition of and
access to the vital resources that support research in science,
technology, engineering, and mathematics (STEM).

Access to STEM materials is increasing in demand, and increasingly
expensive. Prices of some journals have risen as much as 50 percent
over the past five years - a time during which most campuses are
experiencing budget cuts. As budgets decline and costs rise, the
pricing of STEM research creates a growing digital divide between
elite universities and other public and private institutions.

Experience demonstrates that publishers and vendors concede the
greatest cost savings when collective buying power is applied, when
there is a single-point contract holder, and when the state is
involved. ARIA seizes on all three opportunities.

ARIA provides that the state pursue electronic research collections
under the guidance of a volunteer advisory board representative of
the academic and research library community. This board will manage
dealings with the publishers. Upon agreement, the state will act as
an aggregator of library funds - voluntarily offered - and serve as
the single contract holder. The participating institutions will gain
needed budget relief through the collective buying power of all
participating partners. In turn, the state will stipulate that
contracts for the information resources provide access to qualified
emerging technology companies - thus lowering their cost of doing
business.

A preliminary survey of academic and research libraries demonstrates
that through ARIA the average participant will enjoy a 7 percent
reduction in cost and a 10 percent increase in collection size.

The beneficiaries of these information resources will operate
primarily in the fields of science, technology, engineering, and
medicine. Access to ARIA resources will be available to all
participating researchers, scholars, faculty and students at member
and associated institutions of the New York state higher education
initiative, as well as other participating
institutions registered by the state education department office of
college and university evaluation (OCUE).
Access to ARIA resources will also be available to researchers,
entrepreneurs, other innovators existing in business incubators
aligned with the New York state higher education initiative member
and associated institutions, as well as, recipients of grants from
the New York state foundation for science, technology and innovations
which is- merged into Department of Economic Development, the empire


state development corporation.
Other beneficiaries include businesses with fifty or fewer employees
which otherwise meet the definition of a qualified emerging
technology company as defined by paragraph (c) of subdivision one of
section thirty-one hundred two-e of the public authorities law.

ARIA was among the recommendations of the Governor's Commission on
Higher Education in its 2008 Final Report. The direction and focus of
ARIA is reflected in the final reports of the Governor's 2009 Task
Force on Diversifying the New York State Economy, the 2009 report
"Building New York City's Innovation Economy" of the Center for an
Urban Future, the 2007 A.T. Kearney report commissioned by Empire
State Development, and the 2007 "Investing in Innovation" report by
the National Governor's Association and the Pew Foundation Center on
the States, among others.

PRIOR LEGISLATIVE HISTORY:
2010: Similar to A.9824/S.6855; 2009: A.7229/S.5419 Veto Message 80 of
2009; 2008: A.9672/S.6741.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall have become
a law.

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

                                  3736

                       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.
                                                           LBD08686-02-1

S. 3736                             2

  S 4. The economic development law is amended by adding a  new  article
18 to read as follows:
                               ARTICLE 18
                  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.

S3736A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5181A
Law Section:
Economic Development Law
Laws Affected:
Amd §100, add Art 19 §450, Ec Dev L

S3736A (ACTIVE) - Bill Texts

view summary

Enacts the academic research information access act under the department of economic development.

view sponsor memo
BILL NUMBER:S3736A

TITLE OF BILL:
An act
to amend the economic development law, in relation to establishing the
academic research information access act

PURPOSE OF THE BILL:
ARIA leverages New York State's public and private higher education
sector - the largest and most diverse in the nation - to implement an
information infrastructure for research, scholarship, and innovation
in the STEM (science, technology, engineering, and mathematics)
fields, When implemented, ARIA will lower costs for higher education
and small business, expand access to cutting-edge research, and
support economically beneficial innovation and entrepreneurialism.

SUMMARY OF SPECIFIC PROVISIONS:

§ 1- Legislative findings. The New York State Commission on Higher
Education concluded in their June 2008 Final Report of Findings and
Recommendations that New York State is rapidly losing ground in the
global competition for preeminence in the knowledge-based economy of
the twenty-first century. Among its recommendations, the Commission
argued that two "infrastructure investments are particularly critical
to participation in the knowledge economy: technology and academic
libraries."

To create the needed infrastructure the Commission sought the
"academic library pooling of electronic information." The report
said, "not only are scientific discoveries shared through electronic
journals, but faculty and students in both the sciences and
humanities increasingly rely on electronic resources such as
collections of primary literary texts and historical archives"
Academic libraries are now contending with rapidly expanding
information sources, and facing increasing costs for

§ 2- Sets out the short title.

§ 3- Amends section 100 of the Economic Development Law which sets out
the general powers of the Department to include promoting the broad
availability of information resources.

§ 4- Adds a new Article 19 to the Economic Development Law entitled
Academic Research Information Access. Specifically, this section
establishes in statute the framework for the Academic Research
Information Access (ARIA) act, Doing so, this section defines the
participating entities and beneficiaries, provides for a
representative advisory board
to oversee procurement of information resources, and establishes
guidelines for the procedures of ARIA.

§5. Effective date.

JUSTIFICATION:
New York State labors under a state and national economic recession,
widespread budgetary cuts, and in many regions an outdated economic


model. At the same time New York has the largest and best network of
public and private institutions of higher education and research,
from two-year colleges to elite universities. In order to experience
economic revitalization the state must harness the power and
resources of higher education. ARIA offers a way to promote both
campus-based research and off-campus job creation without adding new
costs.

ARIA facilitates collaboration and efficiencies by providing for the
voluntary pooling of assets in order to obtain access to high-end
electronic, peer-reviewed information resources such as journals,
serials, and databases. This allows for greater acquisition of and
access to the vital resources that support research in science,
technology, engineering, and mathematics (STEM).

Access to STEM materials is increasing in demand, and increasingly
expensive. Prices of some journals have risen as much as 50 percent
over the past five years - a time during which most campuses are
experiencing budget cuts, As budgets decline and costs rise, the
pricing of STEM research creates a growing digital divide between
elite universities and other public and private institutions.

Experience demonstrates that publishers and vendors concede the
greatest cost savings when collective buying power is applied, when
there is a single-point contract holder, and when the state is
involved. ARIA seizes on all three opportunities.

ARIA provides that the state pursue electronic research collections
under the guidance of a volunteer advisory board representative of
the academic and research library community. This board will manage
dealings with the publishers. Upon agreement, the state will act as
an aggregator of library funds - voluntarily offered - and serve as
the single contract holder, The participating institutions will gain
needed budget relief through the collective buying power of all
participating partners. In turn, the state will stipulate that
contracts for the information resources provide access to qualified
emerging technology companies - thus lowering their cost of doing
business.

A preliminary survey of academic and research libraries demonstrates
that through ARIA the average participant will enjoy a 7 percent
reduction in cost and a 10 percent increase in collection size.

The beneficiaries of these information resources will operate
primarily in the fields of science, technology, engineering, and
medicine. Access to ARIA resources will be available to all
participating researchers, scholars, faculty and students at member
and associated institutions of the New York state higher education
initiative, as well as other participating institutions registered by
the state education department office of college and university
evaluation (OCUE). Access to ARIA resources
will also be available to researchers, entrepreneurs, other innovators
existing in business incubators aligned with the New York state
higher education initiative member and associated institutions, as
well as, recipients of grants from the New York state foundation
for science, technology and innovations which is merged into
Department of Economic Development, the empire state development


corporation. Other beneficiaries include businesses with fifty or
fewer employees which otherwise meet the definition of a qualified
emerging technology company as defined by paragraph (c) of
subdivision one of section thirty-one hundred two-e of the public
authorities law.

ARIA was among the recommendations of the Governor's Commission on
Higher Education in its 2008 Final Report. The direction and focus of
ARIA is reflected in the final reports of the Governor's 2009 Task
Force on Diversifying the New York State Economy, the 2009 report
"Building New York City's Innovation Economy" of the Center for an
Urban Future, the 2007 A.T. Kearney report commissioned by Empire
State Development, and the 2007 "Investing in Innovation" report by
the National Governor's Association and the Pew Foundation Center on
the States, among others.

PRIOR LEGISLATIVE HISTORY:
2010: Similar to A.9824/S.6855; 2009: A.7229/S.5419 Veto Message 80 of
2009; 2008: A.9672/S.6741.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall have become
a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3736--A
    Cal. No. 264

                       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 -- reported favorably from said committee,
  ordered to first and  second  report,  ordered  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08686-05-1

S. 3736--A                          2

  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.
  S  4.  The economic development law is amended by adding a new article
19 to read as follows:
                               ARTICLE 19
                  ACADEMIC RESEARCH INFORMATION ACCESS
SECTION 450. ACADEMIC RESEARCH INFORMATION ACCESS PROGRAM.
  S 450. ACADEMIC RESEARCH INFORMATION ACCESS PROGRAM.  1.  THE  DEPART-
MENT,  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, PROFESSIONAL AND INDUSTRY JOURNALS, REFERENCE HAND-
BOOKS AND MANUALS, RESEARCH TRACKING TOOLS, INDEXES AND ABSTRACTS.   THE
BENEFICIARIES  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
PARTICIPATING  MEMBER  AND ASSOCIATED INSTITUTIONS OF THE NEW YORK STATE
HIGHER EDUCATION INITIATIVE, AND OTHER PARTICIPATING INSTITUTIONS REGIS-
TERED 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  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  THIRTY-ONE  HUNDRED  TWO-E  OF THE PUBLIC
AUTHORITIES LAW.
  2. THE DEPARTMENT SHALL CREATE AND UTILIZE AN ADVISORY BOARD REPRESEN-
TATIVE OF 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  AN  ENTITY  THAT COMPLIES WITH STATE
PROCUREMENT CONTRACTING PROCEDURES AND IS SELECTED BY THE ADVISORY BOARD
AND THE DEPARTMENT. SUCH NEGOTIATING ENTITY MAY, AS PART OF THE TERMS OF
AN ADOPTED CONTRACT, BE COMPENSATED FROM FUNDS APPROPRIATED FOR PURPOSES
OF THIS  SECTION.  IN  ADDITION,  AN  ADOPTED  CONTRACT  MAY  INCLUDE  A
PROVISION  TO COMPENSATE COSTS ASSOCIATED WITH THE ADMINISTRATION OF THE
CONTRACT UPON THE APPROVAL OF THE ADVISORY BOARD AND DEPARTMENT.
  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.

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