S7046-2011 Actions

• May 18, 2012: PRINT NUMBER 7046A
• May 18, 2012: AMEND AND RECOMMIT TO FINANCE
• Apr 25, 2012: REFERRED TO FINANCE

S7046-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7046
 I N  SENATE
 April 25, 2012
 
 Introduced  by Sens. MARCELLINO, FARLEY -- read twice and ordered print
 ed, 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 subdivision of the state,  including,  but
 not limited to any agency, commission or authority;
 (ii)  "Direct  research"  shall  mean research resulting directly from
 state agency funding; 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, or that
 underwrites the cost of  facilities,  equipment,  hardware,  information
 resources,  personnel  or  other such support for direct research, shall
 develop 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
 the  agency  or in any repository determined by the agency to meet these
 conditions; and
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13740-02-2
 
       S. 7046                             2
 (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 apply to:

 (i) Researchers employed by an agency whose works may be in the public
 domain; and
 (ii) Researchers funded and/or supported by any agency.
 (d) 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.
 (e)(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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