Assembly Bill A9139

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9139
 
                           I N  A S S E M B L Y
 
                             February 8, 2024
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Governmental Operations
 
 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 free access to the published research findings; 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:

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

                                                            LBD10365-02-3
 A. 9139                             2
 
   (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 and completed on or before such
 effective date.