Bill Text: CA AB609 | 2013-2014 | Regular Session | Chaptered


Bill Title: State-funded research: State Department of Public Health.

Spectrum: Bipartisan Bill

Status: (Passed) 2014-09-29 - Chaptered by Secretary of State - Chapter 789, Statutes of 2014. [AB609 Detail]

Download: California-2013-AB609-Chaptered.html
BILL NUMBER: AB 609	CHAPTERED
	BILL TEXT

	CHAPTER  789
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2014
	PASSED THE SENATE  AUGUST 13, 2014
	PASSED THE ASSEMBLY  AUGUST 18, 2014
	AMENDED IN SENATE  JUNE 11, 2014
	AMENDED IN SENATE  JUNE 4, 2014
	AMENDED IN SENATE  JUNE 2, 2014
	AMENDED IN SENATE  JUNE 18, 2013
	AMENDED IN ASSEMBLY  MAY 28, 2013
	AMENDED IN ASSEMBLY  MAY 9, 2013
	AMENDED IN ASSEMBLY  APRIL 23, 2013
	AMENDED IN ASSEMBLY  APRIL 1, 2013

INTRODUCED BY   Assembly Members Nestande and Gatto
   (Coauthors: Assembly Members Beth Gaines, Maienschein, Olsen, and
Skinner)
   (Coauthor: Senator Hill)

                        FEBRUARY 20, 2013

   An act to add and repeal Chapter 2.5 (commencing with Section
13989) of Part 4.5 of Division 3 of Title 2 of the Government Code,
relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 609, Nestande. State-funded research: State Department of
Public Health.
   Existing law authorizes the Department of General Services to
carry out various powers and duties relating to assisting a state
agency in the management and development of intellectual property
developed by state employees or with state funding, including, among
other duties, developing a database of state-owned intellectual
property using specified data.
   Existing law authorizes state agencies and departments to, upon
request, share records and information related to intellectual
property generated by state employees or with state funding with the
department. Existing law also imposes certain restrictions on
employees and former employees of the department with respect to
divulging certain information provided by state agencies and
departments regarding intellectual property.
   Existing law requires the State Department of Public Health to
issue research grants for various purposes, including cancer
research, vaccines, and spinal cord injuries.
   This bill would enact, until January 1, 2020, the California
Taxpayer Access to Publicly Funded Research Act. The bill would
establish publication requirements for a grantee receiving funding,
in whole or in part, in the form of a research grant from the State
Department of Public Health. The bill would require the department to
include specified terms and conditions in a research grant that are
required to be adhered to as a condition of the grantee receiving the
research grant. The bill would require the grantee to provide for
public access to any publication of a department-funded invention or
department-funded technology, as specified, including ensuring that
electronic version of the peer-reviewed manuscript is available to
the department on an appropriate publicly accessible database
approved by the department, to be made publicly available not later
than 12 months after the official date of publication. The bill would
provide that this act does not apply to a grantee that receives
funding from the department if there is an existing publication
requirement that meets or exceeds the requirements of this bill and
that the provisions do not apply to research grants issued prior to
January 1, 2015.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 2.5 (commencing with Section 13989) is added to
Part 4.5 of Division 3 of Title 2 of the Government Code, to read:
      CHAPTER 2.5.  STATE-FUNDED RESEARCH


   13989.  This act shall be known and may be cited as the California
Taxpayer Access to Publicly Funded Research Act.
   13989.2.  For the purposes of this chapter the following
definitions shall apply:
   (a) "Department" means the State Department of Public Health.
   (b) "Peer-reviewed manuscript" means a manuscript after it has
been peer reviewed and in the form in which it has been accepted for
publication in a scientific journal.
   (c) "Research grant" means a grant to a researcher that is
provided in whole or in part by the State Department of Public
Health.
   13989.4.  The Legislature finds and declares all of the following:

   (a) The state is home to many of the world's top research
universities, national laboratories, and leading-edge high-technology
companies that generate significant intellectual property.
   (b) It is in the interest of the state to ensure that the results
of health sciences research funded by the department are promptly
developed and protected and to ensure free public Internet access to
the results, where appropriate.
   (c) The expansion of innovation with the investment of taxpayer
dollars in the form of publicly funded grants could generate public
benefit, including, but not limited to, reinvestment in research,
development of new innovations, and jobs created from these types of
research.
   13989.6.  (a) (1) A grantee that receives funding, in whole or in
part, in the form of a research grant from the department shall
provide for free public access to any publication of a
department-funded invention or department-funded technology, as
provided in this section.
   (2) When the department provides funding, in whole or in part, in
the form of a research grant, the research grant shall include the
following terms and conditions that are required to be adhered to by
the grantee as a condition of receiving the research grant:
   (A) Grantees are responsible for ensuring that any publishing or
copyright agreements concerning submitted manuscripts fully comply
with this section.
   (B) Grantees shall report to the department the final disposition
of the research grant, including, but not limited to, if it was
published, when it was published, where it was published, when the
12-month time period expires, and where the manuscript will be
available for open access.
   (C) The department shall retain information regarding all issued
research grants that resulted in published works.
   (b) For a manuscript that is accepted for publication in a
peer-reviewed journal, pursuant to the terms and conditions of the
research grant, the grantee shall ensure that an electronic version
of the peer-reviewed manuscript is available to the department and on
an appropriate publicly accessible database approved by the
department, including, but not limited to, the University of
California's eScholarship Repository at the California Digital
Library, PubMed Central, or the California Digital Open Source
Library, to be made publicly available not later than 12 months after
the official date of publication. Manuscripts submitted to the
California Digital Open Source Library shall be exempt from the
requirements in subdivision (b) of Section 66408 of the Education
Code. The grantee shall make reasonable efforts to comply with this
requirement by ensuring that their manuscript is accessible on an
approved publicly accessible database, including notifying the
department that the manuscript is available on a department-approved
database. If the grantee is unable to ensure that their manuscript is
accessible on an approved publicly accessible database, the grantee
may comply by providing the manuscript to the department not later
than 12 months after the official date of publication.
   (c) For publications other than those described in subdivision
(b), including meeting abstracts, the grantee shall comply by
providing the manuscript to the department not later than 12 months
after the official date of publication.
   (d) (1) Grantees are responsible for ensuring that publishing or
copyright agreements concerning submitted articles fully comply with
this section.
   (2) Nothing in this chapter shall be construed to authorize use of
a peer-reviewed manuscript that would constitute an infringement of
copyright under the federal copyright law described in Section 101 of
Title 17 of the United States Code and following.
   (e) Grantees are authorized to use grant money for publication
costs, including fees charged by a publisher for color and page
charges, or fees for digital distribution.
   (f) This chapter shall not apply to a grantee that receives
funding for which there is an existing publication requirement that
meets or exceeds the requirements of this section, on or before the
effective date of this chapter.
   (g) This chapter shall not apply to research grants issued prior
to January 1, 2015.
   13989.8.  This chapter shall remain in effect only until January
1, 2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.                                              
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