Bill S7046A-2011

Establishes the taxpayer access to publicly funded research act

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.



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



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 funding acquired through a state agency.

SUMMARY OF PROVISIONS: The 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.


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.


STATE OF NEW YORK ________________________________________________________________________ 7046--A IN 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 -- 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 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
(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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