The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9162

                          I N  A S S E M B L Y

                            January 31, 2012
                               ___________

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 subdivision of the state, including, but
not limited to any agency, commission or authority;
  (ii) "Direct research" shall mean  research  resulting  directly  from
state agency funding; 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,  or  that
underwrites  the  cost  of  facilities, equipment, hardware, information
resources, personnel or other such support for  direct  research,  shall
develop 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
funding agency;
  (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
the agency or in any repository determined by the agency to  meet  these
conditions; and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13740-02-2

A. 9162                             2

  (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 apply to:
  (i) Researchers employed by an agency whose works may be in the public
domain; and
  (ii) Researchers funded and/or supported by any agency.
  (d) Such policy shall exclude:
  (i)  Research  progress  reports presented at professional meetings or
conferences;
  (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.
  (e)(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
agency;
  (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.