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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: AB 609	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Nestande

                        FEBRUARY 20, 2013

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 609, as introduced, Nestande. State-funded research.
   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.
   This bill would enact the California Taxpayer Access to Publicly
Funded Research Act. The bill, notwithstanding any other law, would
require a state agency that provides funding for research resulting
directly from proscribed grants from state agency funding for the
purpose of specific research undertaking to develop a public access
policy. The bill would require the public access policy to, among
other things, include a requirement that electronic versions of final
manuscripts of original research papers accepted for publication to
be submitted to the state agency and provide free online public
access to such final peer-reviewed manuscripts or published versions,
as specified.
   This bill would, until January 1, 2018, require, not later than
December 1, that each state agency to submit an annual report on the
state agency's public access policy to the Governor, the Senate
Committee on Rules, and the Speaker of the Assembly.
   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 purposes of this chapter, the following definitions
shall apply:
   (a) "State agency" shall mean an entity within the executive
branch, including, but not limited to, all departments, boards,
bureaus, commissions, councils, and offices.
   (b) "Direct research" shall mean research resulting directly from
proscribed grants from state agency funding for the purpose of
specific research undertakings.
   (c) "Policy" shall mean the public access policy established
pursuant to subdivision (b).
   13989.4.  (a) Notwithstanding any other law, each state agency
that provides funding for direct research shall develop a public
access policy that shall do the following:
   (1) 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 state agency funding, be submitted to the
funding state agency.
   (2) 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.
   (3) To the extent in compliance with copyright or patent
protection, 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.
   (4) Provide for the long-term preservation of, and free access to,
published research findings in a stable digital repository
maintained by the state agency or in any repository determined by the
state agency to meet these conditions.
   (5) Be developed in conjunction with any other state 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.
   (b) The policy described in subdivision (a) shall exclude all of
the following:
   (1) Research progress reports presented at professional meetings
or conferences.
   (2) Laboratory notes, preliminary data analyses, notes of the
author, phone logs, or other information used to produce the final
manuscript.
   (3) 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.
   (4) Authors who do not submit their work to a peer-reviewed
journal or works that are rejected for publication in such journals.
   (5) State-funded research entered into pursuant to a contract
prior to the effective date of this chapter where the terms and
conditions of that contract prohibit the public dissemination of the
research.
   (6) Any data that has the potential to reveal a person's identity.

   13989.6.  (a) Not later than December 1, annually, each state
agency shall submit a report on the state agency's policy to the
Governor, the Senate Committee on Rules, and the Speaker of the
Assembly.
   (b) The report shall include, but not be limited to, all of the
following:
   (1) A statement of the effectiveness of the policy in providing
the public with free online access to papers on research funded by
such agency.
   (2) A list of papers published in peer-reviewed journals that
report on research funded by such agency.
   (3) A corresponding list of papers made available by the state
agency as a result of this act.
   (c) (1) A report to the Legislature pursuant to this section,
shall be submitted in compliance with Section 9795.
   (2) This section shall become inoperative on January 1, 2018,
pursuant to Section 10231.5.