senate Bill S7046A

2011-2012 Legislative Session

Establishes the taxpayer access to publicly funded research act

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 18, 2012 print number 7046a
amend and recommit to finance
Apr 25, 2012 referred to finance

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S7046 - Bill Details

See Assembly Version of this Bill:
A9162A
Current Committee:
Law Section:
Freedom of Information Law

S7046 - Bill Texts

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

                                  7046

                            I N  S E N A T E

                             April 25, 2012
                               ___________

Introduced  by Sens. MARCELLINO, FARLEY -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Finance

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

S. 7046                             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.

Co-Sponsors

S7046A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9162A
Current Committee:
Law Section:
Freedom of Information Law

S7046A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S7046A

TITLE OF BILL:
An act
to establish the taxpayer access to publicly funded research act

PURPOSE:
The purpose of this legislation is to ensure
a public access
policy is created for any original research that is the result of
funding acquired through a state agency.

SUMMARY OF PROVISIONS:
The bill creates the "taxpayer access to
publicly funded research act" in the unconsolidated law.

JUSTIFICATION:
Each year, New York State agencies distribute tens of
millions of dollars in direct and underwritten funding to original
research projects. Much of the time, these papers receive publication
to peer-reviewed journals, However, while the internet has expanded
the breadth of free information that is available to the general
public, many peer reviewed journals maintain prohibitive cost
barriers which block widespread public access.

New York State proudly supports its dedicated funding to research
which helps create scientific, environmental, and cultural
breakthroughs; however it is unacceptable that that the taxpayers who
provide the money for this research should encounter any barrier in
accessing it.

This bill will provide a window for 6 months of exclusive protection
to the research, at which point it is only just that the general
public be free to share in the information generated from the
research. Passing this law will give New York the honor of being the
first state in the country to require public access to research
generated from taxpayer dollars.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect one year after it shall
have become law.
Effective immediately, the addition, amendment, and/or repeal of any
rule or regulation for the implementation of this act on its effective
date is authorized to be made on or before such date.

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

                                 7046--A

                            I N  S E N A T E

                             April 25, 2012
                               ___________

Introduced  by Sens. MARCELLINO, FARLEY -- read twice and ordered print-
  ed, and when printed to be committed to the Committee  on  Finance  --
  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:

  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
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.
                                                           LBD13740-04-2

S. 7046--A                          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 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.
  (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
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.

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