This bill has been amended

Bill S6855-2009

Enacts the academic research information access act

Enacts the academic research information access act under the science, technology and innovation foundation.

Details

Actions

  • May 18, 2010: REPORTED AND COMMITTED TO FINANCE
  • Feb 17, 2010: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

Votes

VOTE: COMMITTEE VOTE: - Commerce, Economic Development and Small Business - May 18, 2010
Ayes (11): Stachowski, Hassell-Thompson, Parker, Stewart-Cousins, Aubertine, Espada, Foley, Alesi, Fuschillo, Robach, Volker
Ayes W/R (1): Griffo

Memo

 BILL NUMBER:  S6855

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 :

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 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 17 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 : 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 A.T. 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 small businesses receiving state assistance through Empire Zones, NYSTAR, ESD, or NYSERDA.

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.

In 2009 this legislation enjoyed unanimous approval in the state Senate and Assembly and received the support of SUNY, CUNY and CICU, as well as the Business Council of New York State, the Business Incubator Association of New York, and the National Federation of Independent Business.

In his veto message Governor David Paterson did not cite technical nor substantive issues with the legislation. Instead, the Governor stated that state finances did not allow for the implementation of a program that could compel a state appropriation.

This legislation establishes the framework for ARIA, without mandating an appropriation. This legislation anticipates that funding may become available from public or other sources at some future date. 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.

PRIOR LEGISLATIVE HISTORY : 2009 - A.7229/S.5419, Passed Assembly 145-0, Passed Senate 60-0, Veto Message 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.

Text

STATE OF NEW YORK ________________________________________________________________________ 6855 IN SENATE February 17, 2010 ___________
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. 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. S 4. The economic development law is amended by adding a new article 17 to read as follows: ARTICLE 17 ACADEMIC RESEARCH INFORMATION ACCESS
SECTION 350. ACADEMIC RESEARCH INFORMATION ACCESS. S 350. 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 RESEARCHERS, ENTREPRENEURS, OTHER INNOVATORS EXIST- ING IN BUSINESS INCUBATORS ALIGNED WITH THE NEW YORK STATE HIGHER EDUCA- TION INITIATIVE MEMBER AND ASSOCIATED INSTITUTIONS, RECIPIENTS OF GRANTS FROM THE NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNO- VATIONS, THE EMPIRE STATE DEVELOPMENT CORPORATION, AND THE DIVISION FOR SMALL-BUSINESS CURRENTLY SITUATED IN EMPIRE ZONES. 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, 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 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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