Bill Text: NY A01878 | 2015-2016 | General Assembly | Introduced

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Bill Title: Establishes the taxpayer access to publicly funded research act requiring any executive branch agency, commission or authority that funds direct research to establish a public access policy that would provide access to certain published works that were funded by the state.

Spectrum: Moderate Partisan Bill (Democrat 12-3)

Status: (Introduced - Dead) 2016-01-06 - referred to governmental operations [A01878 Detail]

Download: New_York-2015-A01878-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1878
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 13, 2015
                                      ___________
       Introduced  by  M.  of  A.  HEVESI, PAULIN, PALMESANO, JAFFEE, STIRPE --
         Multi-Sponsored by -- M.  of A. SCHIMEL -- read once and  referred  to
         the Committee on Governmental Operations
       AN ACT to establish the taxpayer access to publicly funded research act
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "taxpayer access to publicly funded research act".
    3    S 2. (a) As used in this act, the term:
    4    (i)  "Agency"  shall  mean any executive branch agency, including, but
    5  not limited to any agency, commission or authority;
    6    (ii) "Direct research" shall mean  research  resulting  directly  from
    7  proscribed  grants from state agency funding for the purpose of specific
    8  research undertakings; and
    9    (iii) "Policy" shall mean the public access policy established  pursu-
   10  ant to subdivision (b) of this section.
   11    (b) Each agency that provides funding for direct research shall devel-
   12  op a public access policy that shall:
   13    (i)  Include  a  requirement  that electronic versions of the author's
   14  final manuscripts of original research papers that  have  been  accepted
   15  for  publication  in  peer-reviewed  journals  and  result from research
   16  supported from funding by the state of New York, be  submitted  to  such
   17  funding agency;
   18    (ii)  Provide  free  online  public access to such final peer-reviewed
   19  manuscripts or published versions as soon as practicable but  not  later
   20  than twelve months after publication in peer-reviewed journals;
   21    (iii)  Produce  an online bibliography of all research papers that are
   22  publicly accessible under the policy, with  each  entry  linked  to  the
   23  corresponding free online full text;
   24    (iv)  Provide  for  the long-term preservation of, and free access to,
   25  published research findings in a stable digital repository maintained by
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03876-01-5
       A. 1878                             2
    1  the agency or in any repository determined by the agency to  meet  these
    2  conditions; and
    3    (v)  Be  developed in conjunction with any other agencies that provide
    4  funding for direct research or that underwrite the cost  of  facilities,
    5  equipment,  hardware,  information  resources,  personnel  or  otherwise
    6  fiscally support direct research.
    7    (c) Such policy shall exclude:
    8    (i) Research progress reports presented at  professional  meetings  or
    9  conferences;
   10    (ii) Laboratory notes, preliminary data analyses, notes of the author,
   11  phone logs or other information used to produce the final manuscript;
   12    (iii)  Classified  research, research resulting in works that generate
   13  revenue or royalties for the authors or patentable discoveries,  to  the
   14  extent necessary to comply with copyright or patent protections; and
   15    (iv)  Authors  who do not submit their work to a peer-reviewed journal
   16  or works that are rejected for publication in such journals.
   17    (d)(i) Not later than December 1, of each year, the head of each agen-
   18  cy shall submit a report on such agency's policy to  the  governor,  the
   19  speaker of the assembly and the temporary president of the senate.
   20    (ii) Such report shall include, but not be limited to:
   21    (A)  A  statement  of the effectiveness of the policy in providing the
   22  public with free online access to papers  on  research  funded  by  such
   23  agency;
   24    (B)  A  list of papers published in peer-reviewed journals that report
   25  on research funded by such agency; and
   26    (C) A corresponding list of papers made available by the agency  as  a
   27  result of this act.
   28    S  3. This act shall take effect one year after it shall have become a
   29  law. Effective immediately, the addition, amendment and/or repeal of any
   30  rule or regulation necessary for the implementation of this act  on  its
   31  effective date is authorized to be made on or before such date.