S3375-2011 Actions

• Jan 4, 2012: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
• Feb 17, 2011: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

S3375-2011 Memo

BILL NUMBER:S3375

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

PURPOSE:
This legislation harnesses the public and private academic and
research libraries of New York to create an information
infrastructure that will support and promote teaching, scholarship,
research, innovation and economic growth. By lowering costs for
academic institutions while broadening access to information
resources in science, technology, engineering and medicine, ARIA will
empower the innovators and entrepreneurs who will lead our economy in
the information age.

SUMMARY OF 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 licensing fees.
This program would develop the information infrastructure necessary
to allow New York's higher education community to build on and extend
the vast information resources of academic libraries while broadening
access and lowering costs.

� 3- Amends section 3152 of the Public Authorities Law which sets out
the general powers of the Foundation to include promoting the broad
availability of information resources.

� 4- Amends the Public Authority Law by adding new section 3l58-a
establishing 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.

JUSTIFICATION:


This legislation establishes a statewide information infrastructure by
leveraging the considerable investments of New York's public and
private academic and research libraries.

Establishment of the information infrastructure answers a challenge
set in the AT. Kearney report commissioned by Empire State
Development. That report insisted on the need for a "unified
statewide economic growth engine fueled by the development of a high
technology infrastructure. Such an infrastructure can be created
through the combined efforts of the state, ESD, businesses, investors
and the academic and research communities."

ARIA follows a model established by other states. By centralizing the
purchase of expensive electronic information resources ARIA secures
enormous economies of scale. The result is savings for institutions
of higher education and expanded access to critical resources for
those innovators for whom the resource pricing is prohibitive, such
as small businesses.

New York is home to the largest public state and urban higher
education systems, as well as the largest ensemble of private
colleges and universities. ARIA offers an opportunity to take
advantage of this unequaled advantage. Through ARIA, all
not-for-profit institutions of higher education will have the ability
to access electronic data sources in support of science, technology,
engineering and medicine. Also gaining the ability to access these
resources would be all university affiliated incubators, designated
research libraries and qualified emerging technology businesses with
fifty or fewer employees which receive state assistance through NYST
AR, the Urban Development Corporation d/b/a ESDC, or the Department
of Economic Development.

Modeled closely on the New Jersey Knowledge Initiative, ARIA
anticipates a return on investment greater than ten dollars for
everyone dollar invested. While the ARIA program would be
administered by NYSTAR, procurement decisions would be guided by an
advisory committee of academic library professionals, proportionately
elected by peers to ensure the needs of all colleges and universities
are represented.

This legislation establishes the framework for ARIA, without mandating
an appropriation. Enactment of the legislation will allow NYSTAR and
the ARIA advisory committee to establish processes, including
procurement procedures, as well as undertake requisite surveys to
assess specific need, and open negotiations with vendors for desired
products.

LEGISLATIVE HISTORY:
2010: S.6855A/A.9824A; Died in Senate Finance & Assembly Ways & Means
2009: A.7229/S.5419, Passed Assembly 145-0, Passed Senate 60-0, Veto
number 80 of 2009
2008: A.9672/S.6741

FISCAL IMPLICATIONS:
No immediate costs.

EFFECTIVE DATE:


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

S3375-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3375
 2011-2012 Regular Sessions
 I N  SENATE
 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.

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