S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N A S S E M B L Y
January 9, 2013
Introduced by M. of A. HEVESI -- 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:
Section 1. Short title. This act shall be known and may be cited as
the "taxpayer access to publicly funded research act".
S 2. (a) As used in this act, the term:
(i) "Agency" shall mean any executive branch agency, including, but
not limited to any agency, commission or authority;
(ii) "Direct research" shall mean research resulting directly from
proscribed grants from state agency funding for the purpose of specific
research undertakings; and
(iii) "Policy" shall mean the public access policy established pursu-
ant to subdivision (b) of this section.
(b) Each agency that provides funding for direct research shall devel-
op a public access policy that shall:
(i) Include a requirement that electronic versions of the author's
final manuscripts of original research papers that have been accepted
for publication in peer-reviewed journals and result from research
supported from funding by the state of New York, be submitted to such
(ii) Provide free online public access to such final peer-reviewed
manuscripts or published versions as soon as practicable but not later
than six months after publication in peer-reviewed journals;
(iii) Produce an online bibliography of all research papers that are
publicly accessible under the policy, with each entry linked to the
corresponding free online full text;
(iv) Provide for the long-term preservation of, and free access to,
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. 180 2
the agency or in any repository determined by the agency to meet these
(v) Be developed in conjunction with any other agencies that provide
funding for direct research or that underwrite the cost of facilities,
equipment, hardware, information resources, personnel or otherwise
fiscally support direct research.
(c) Such policy shall exclude:
(i) Research progress reports presented at professional meetings or
(ii) Laboratory notes, preliminary data analyses, notes of the author,
phone logs or other information used to produce the final manuscript;
(iii) Classified research, research resulting in works that generate
revenue or royalties for the authors or patentable discoveries, to the
extent necessary to comply with copyright or patent protections; and
(iv) Authors who do not submit their work to a peer-reviewed journal
or works that are rejected for publication in such journals.
(d)(i) Not later than December 1, of each year, the head of each agen-
cy shall submit a report on such agency's policy to the governor, the
speaker of the assembly and the temporary president of the senate.
(ii) Such report shall include, but not be limited to:
(A) A statement of the effectiveness of the policy in providing the
public with free online access to papers on research funded by such
(B) A list of papers published in peer-reviewed journals that report
on research funded by such agency; and
(C) A corresponding list of papers made available by the agency as a
result of this act.
S 3. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date is authorized to be made on or before such date.