Bill Text: CA AB609 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-Amended.html
BILL NUMBER: AB 609 AMENDED
BILL TEXT
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 state government public health
.
LEGISLATIVE COUNSEL'S DIGEST
AB 609, as amended, Nestande. State-funded research
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 a
state agency the State Department of Public Health
. The bill would require a state agency providing
funding in the form of a research grant 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
state agency-funded department-funded invention
or state agency-funded department-funded
technology, as specified, including submitting an
ensuring that electronic version of the
peer-reviewed manuscript is available to the
state agency or to department on an appropriate
publicly accessible database approved by the state agency
department, to be made publicly available not
later than 12 months after the official date of publication,
except as specified publication . The bill
would provide that this act does not apply to a grantee that receives
funding from a state agency that has 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 .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
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.
(a)
(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.
(b) "State agency" has the same meaning as defined in Section
10295.1 of the Public Contract Code.
(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. (a) The
Legislature finds and declares all of the following:
(1)
(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.
(2)
(b) It is in the interest of the state to
ensure that the results of state-funded
health sciences research funded by the department
are promptly developed and protected and to ensure free public
Internet access to the results, where appropriate.
(3)
(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.
(b) It is the intent of the Legislature that any grantee who
receives funding in the form of a research grant from a state agency
abide by the publication requirements outlined in subdivisions (a) to
(d), inclusive, of Section 100303 of Title 17 of the California Code
of Regulations, as amended on March 21, 2013, and in effect on July
1, 2013.
13989.6. (a) (1) Any A grantee that
receives funding, in whole or in part, in the form of a research
grant from a state agency the department
shall provide for free public access to any publication of a
state agency-funded department-funded
invention or state agency-funded
department-funded technology, as provided in this section.
(2) A state agency that 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 in the research grant
that are required to be adhered to by the grantee as a
condition of receiving the research grant:
(A) Pursuant to subdivision (b), grantees may provide data to the
state agency to request that the 12-month time period be extended to
18 months.
(B)
(A) Grantees are responsible for ensuring that any
publishing or copyright agreements concerning submitted
articles manuscripts fully comply with this
section.
(C)
(B) Grantees shall report to the state agency
department the final disposition of the research
grant, such as, including, but not
limited to, if it was published, when it was published, where it was
published, when the 12-month time period that may be
extended by 18 months pursuant to subdivision (b) expires,
and where the manuscript will be available for open access.
(D) State agencies
(C) The department shall retain
information regarding all issued research grants that resulted in
published works.
(b) For any 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 submit ensure that an electronic
version of the peer-reviewed manuscript is available to
the state agency or to department and on
an appropriate publicly accessible database approved by the
state agency, 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.
If the grantee provides data to the state agency showing
there is a more appropriate time period for that field of study, the
grantee may request that the not later than 12-month time period be
extended to 18 months. 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 through submission of the manuscript to an
by ensuring that their manuscript is accessible on an
approved publicly accessible database, including notifying the
state agency of submission department that
the manuscript is available on a department-approved database .
If the grantee is unable to submit the
ensure that their manuscript to is
accessible on an approved publicly accessible database, the
grantee may comply by providing the manuscript to the state
agency, department not later than 12 months
after the official date of publication. In lieu of the
peer-reviewed manuscript, the grantee may submit the final published
article.
(c) For publications other than those described in subdivision
(b), including meeting abstracts, the grantee shall comply by
providing the manuscript to the state agency
department not later than 12 months after the official date of
publication.
(d) (1) Grantees are responsible for ensuring that any
publishing or copyright agreements concerning submitted
articles fully comply with this section.
(2) Nothing in this chapter shall be construed to authorize
any 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 from a state agency that has 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.
