S04050 Summary:

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.
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S04050 Memo:

Memo not available
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S04050 Text:

                STATE OF NEW YORK
                               2013-2014 Regular Sessions
                    IN SENATE
                                      March 6, 2013
        Introduced by Sens. ROBACH, GRISANTI, KRUEGER, LAVALLE -- read twice and
          ordered  printed, and when printed to be committed to the Committee on
          Finance -- recommitted to the Committee on Finance in accordance  with
          Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        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;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.

        S. 4050--A                          2
     1    (iv) Provide for the long-term preservation of, and  free  access  to,
     2  published research findings in a stable digital repository maintained by
     3  the  agency  or in any repository determined by the agency to meet these
     4  conditions; and
     5    (v)  Be  developed in conjunction with any other agencies that provide
     6  funding for direct research or that underwrite the cost  of  facilities,
     7  equipment,  hardware,  information  resources,  personnel  or  otherwise
     8  fiscally support direct research.
     9    (c) Such policy shall exclude:
    10    (i) Research progress reports presented at  professional  meetings  or
    11  conferences;

    12    (ii) Laboratory notes, preliminary data analyses, notes of the author,
    13  phone logs or other information used to produce the final manuscript;
    14    (iii)  Classified  research, research resulting in works that generate
    15  revenue or royalties for the authors or patentable discoveries,  to  the
    16  extent necessary to comply with copyright or patent protections; and
    17    (iv)  Authors  who do not submit their work to a peer-reviewed journal
    18  or works that are rejected for publication in such journals.
    19    (d)(i) Not later than December 1, of each year, the head of each agen-
    20  cy shall submit a report on such agency's policy to  the  governor,  the
    21  speaker of the assembly and the temporary president of the senate.
    22    (ii) Such report shall include, but not be limited to:
    23    (A)  A  statement  of the effectiveness of the policy in providing the

    24  public with free online access to papers  on  research  funded  by  such
    25  agency;
    26    (B)  A  list of papers published in peer-reviewed journals that report
    27  on research funded by such agency; and
    28    (C) A corresponding list of papers made available by the agency  as  a
    29  result of this act.
    30    §  3. This act shall take effect one year after it shall have become a
    31  law. Effective immediately, the addition, amendment and/or repeal of any
    32  rule or regulation necessary for the implementation of this act  on  its
    33  effective date is authorized to be made on or before such date.
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