BILL NO A01878
SAME AS S03952
COSPNSR Paulin, Palmesano, Jaffee, Stirpe, Cahill, Linares
MLTSPNSR Blankenbush, Lopez, McDonald, Schimel, Skartados, Solages
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.
STATE OF NEW YORK
2015-2016 Regular Sessions
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 § 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.
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
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
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 § 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.