The New York State Senate

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

                                 180--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  HEVESI, PAULIN, PALMESANO, JAFFEE, STIRPE --
  Multi-Sponsored by -- M. of A.  SCHIMEL,  SWEENEY  --  read  once  and
  referred to the Committee on Governmental Operations -- recommitted to
  the  Committee  on Governmental Operations in accordance with Assembly
  Rule  3,  sec.  2  --  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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03226-05-4

A. 180--A                           2

  (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
  (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.