NY State Senate Bill 2017-S8731

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2018	referred to finance

2017-S8731 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Freedom of Information Law
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7046
2013-2014: S4050
2015-2016: S3952

2017-S8731 (ACTIVE) - 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.

2017-S8731 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8731

SPONSOR: RITCHIE
 
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:

Section 1 provides the short title of the bill.

Section 2 provides the definitions of "agency," "direct research," and
"policy," as used in the act. The section further provides that each
agency providing funding for direct research shall develop a public
access policy, and provides minimum requirements for such policy.

Section 3 provides the effective date.

 
JUSTIFICATION:

New York State agencies distribute millions of dollars each year to fund
original research projects. This research helps drive scientific,
cultural, and technological innovation. However, this work is too often
blocked from widespread public access.

This legislation requires individual agencies responsible for funding
such research provide free public access to peer-reviewed and published
research funded by the agency through an electronic database. Research
authors must submit, at minimum, their final published work to the fund-
ing agency, which the agency must make available to the public within
twelve months after receipt at the latest, and must maintain in a
digital repository for long-term preservation.

Our taxpayers should not have to face barriers to access final peer-re-
viewed published research that is a product of their tax dollars. This
legislation ensures taxpayer access at no cost.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
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.

2017-S8731 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8731
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen. RITCHIE -- 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".
   § 2. (a) As used in this act, the terms:
   (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;
   (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,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD09384-01-7

 S. 8731                             2
 
 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 first of each year, the head of each
 agency 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.
   §  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 are authorized to be made on or before such date.

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Senate Bill S8731

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

2017-S8731 (ACTIVE) - Details

2017-S8731 (ACTIVE) - Summary

2017-S8731 (ACTIVE) - Sponsor Memo

2017-S8731 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8731

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Sponsored By

Patty Ritchie

Archive: Last Bill Status - In Senate Committee Finance Committee

2017-S8731 (ACTIVE) - Details

2017-S8731 (ACTIVE) - Summary

2017-S8731 (ACTIVE) - Sponsor Memo

2017-S8731 (ACTIVE) - Bill Text download pdf

Comments