NY State Senate Bill S4050A

Archive: Last Bill Status - In Senate Committee Finance Committee

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

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Actions

view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 10, 2014	print number 4050a
Feb 10, 2014	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 - Details

See Assembly Version of this Bill:: A180
Current Committee:: Senate Finance
Law Section:: Freedom of Information Law
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7046, A9162
2015-2016: S3952, A1878
2017-2018: S8731

S4050 - 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.

S4050 - 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.

S4050 - Bill Text download pdf

                    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) - Details

See Assembly Version of this Bill:: A180
Current Committee:: Senate Finance
Law Section:: Freedom of Information Law
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7046, A9162
2015-2016: S3952, A1878
2017-2018: S8731

S4050A (ACTIVE) - Summary

S4050A (ACTIVE) - 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.

S4050A (ACTIVE) - Bill 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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The New York State Senate

senate Bill S4050A

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

S4050 - Details

S4050 - Summary

S4050 - Sponsor Memo

S4050 - Bill Text download pdf

Co-Sponsors

S4050A (ACTIVE) - Details

S4050A (ACTIVE) - Summary

S4050A (ACTIVE) - Sponsor Memo

S4050A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4050A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

S4050 - Details

S4050 - Summary

S4050 - Sponsor Memo

S4050 - Bill Text download pdf

Co-Sponsors

S4050A (ACTIVE) - Details

S4050A (ACTIVE) - Summary

S4050A (ACTIVE) - Sponsor Memo

S4050A (ACTIVE) - Bill Text download pdf

Comments