Enacts the "taxpayer access to publicly funded research act"; defines terms; requires each agency that provides funding for direct research shall develop a public access policy.
STATE OF NEW YORK
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9139
IN ASSEMBLY
February 8, 2024
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Introduced by M. of A. SANTABARBARA -- 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 terms:
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 free access to the published research findings; and
25 (v) Be developed in conjunction with any other agencies that provide
26 funding for direct research or that underwrite the cost of facilities,
27 equipment, hardware, information resources, personnel or otherwise
28 fiscally support direct research.
29 (c) Such policy shall exclude:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10365-02-3
A. 9139 2
1 (i) Research progress reports presented at professional meetings or
2 conferences;
3 (ii) Laboratory notes, preliminary data analyses, notes of the author,
4 phone logs or other information used to produce the final manuscript;
5 (iii) Classified research, research resulting in works that generate
6 revenue or royalties for the authors or patentable discoveries, to the
7 extent necessary to comply with copyright or patent protections; and
8 (iv) Authors who do not submit their work to a peer-reviewed journal
9 or works that are rejected for publication in such journals.
10 (d)(i) Not later than December first of each year, the head of each
11 agency shall submit a report on such agency's policy to the governor,
12 the speaker of the assembly and the temporary president of the senate.
13 (ii) Such report shall include, but not be limited to:
14 (A) A statement of the effectiveness of the policy in providing the
15 public with free online access to papers on research funded by such
16 agency;
17 (B) A list of papers published in peer-reviewed journals that report
18 on research funded by such agency; and
19 (C) A corresponding list of papers made available by the agency as a
20 result of this act.
21 § 3. This act shall take effect one year after it shall have become a
22 law. Effective immediately, the addition, amendment and/or repeal of any
23 rule or regulation necessary for the implementation of this act on its
24 effective date are authorized to be made and completed on or before such
25 effective date.
