A5181A-2011 Actions

• Jun 6, 2011: substituted by s3736a
• Jun 6, 2011: rules report cal.51
• Jun 6, 2011: reported
• Jun 2, 2011: reported referred to rules
• May 4, 2011: print number 5181a
• May 4, 2011: amend and recommit to ways and means
• Mar 8, 2011: reported referred to ways and means
• Feb 14, 2011: referred to economic development

A5181A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 5181--A
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 14, 2011
 
 Introduced  by  M.  of  A.  SCHIMMINGER,  LUPARDO,  MAGNARELLI, MILLMAN,
 PAULIN,  J. RIVERA,  HOYT,  GABRYSZAK,  ENGLEBRIGHT,  CASTRO,   GLICK,
 LIFTON,  BING,  BRONSON  --  Multi-Sponsored  by  -- M. of A. BOYLAND,
 COLTON, DESTITO, JAFFEE, KOLB,  V. LOPEZ,  MAISEL,  MORELLE,  PHEFFER,
 SPANO, ZEBROWSKI -- read once and referred to the Committee on Econom
 ic  Development  -- reported and referred to the Committee on Ways and
 Means -- committee discharged,  bill  amended,  ordered  reprinted  as
 amended and recommitted to said committee
 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08686-06-1
 
       A. 5181--A                          2
 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.
 

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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