senate Bill S4050A

2013-2014 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
Feb 10, 2014 print number 4050a
amend and recommit to finance
Jan 08, 2014 referred to finance
Mar 06, 2013 referred to finance

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S4050 - Bill Details

See Assembly Version of this Bill:
A180A
Current Committee:
Law Section:
Freedom of Information Law
Versions Introduced in 2011-2012 Legislative Session:
S7046A, A9162A

S4050 - 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:S4050

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
prescribed grants from state agency funding for the purpose of the
specific research proposal. This law, known. as the taxpayer access to
publicly funded research act, shall in part require, at a minimum,
that a final copy of the research be delivered to the agency which
provided funding for it, and that it shall be submitted to a digital
repository which must allow free public access.

SUMMARY OF PROVISIONS: This 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: 2012 S7046A Committed to Finance

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
________________________________________________________________________

                                  4050

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 6, 2013
                               ___________

Introduced  by Sens. ROBACH, GRISANTI -- read twice and ordered printed,
  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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03226-01-3

S. 4050                             2

the  agency  or in any repository determined by the agency to meet these
conditions; and
  (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.

Co-Sponsors

S4050A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A180A
Current Committee:
Law Section:
Freedom of Information Law
Versions Introduced in 2011-2012 Legislative Session:
S7046A, A9162A

S4050A (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:S4050A

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 prescribed
grants from state agency funding for the purpose of the specific
research proposal. This law, known as the taxpayer access to publicly
funded research act, shall in part require, at a minimum, that a final
copy of the research be delivered to the agency which provided funding
for it, and that it shall be submitted to a digital repository which
must allow free public access.

SUMMARY OF PROVISIONS:

This 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:

2012 S7046A Committed to Finance

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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4050--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              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:

  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 twelve 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03226-04-4

S. 4050--A                          2

  (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
  (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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