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| Public Act 098-0295
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| SB1900 Enrolled | LRB098 09377 RPM 39518 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Open |
Access to Research Articles Act.
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Section 5. Purpose. The General Assembly finds and declares |
the
following:
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(1) to maximize the social and economic benefits of |
research to the public, the published research articles |
produced by faculty at public universities should be made |
as widely available as possible, wide availability |
referring both to the depth of availability of a given |
research article (including immediate availability where |
practicable, long-term preservation and free public |
access, and broad accessibility for reuse and further |
research) and the breadth of research articles made |
available; |
(2) the public support these employees receive and the |
increased impact that broad public dissemination of |
research has is an important public purpose;
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(3) many public universities have developed, or are |
developing, the capacity to provide free access over the |
Internet to such research through institutional |
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repositories or otherwise; and
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(4) a substantial portion of the research currently is |
not freely available over the Internet because the faculty |
have entered into publication agreements with terms that |
restrict public access to the fruits of unclassified |
research conducted by these State employees.
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Section 10. Definitions. In this Act, "public university" |
means the University of Illinois, Southern Illinois |
University, Chicago State University, Eastern Illinois |
University, Governors State University, Illinois State |
University, Northeastern Illinois University, Northern |
Illinois University, Western Illinois University, or any other |
public university or college now or hereafter established or |
authorized by the General Assembly.
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Section 15. Task forces. |
(a) By January 1, 2014, each public university shall |
establish an Open Access to Research Task Force. Each task |
force shall be appointed by the chairperson of the board of |
trustees for the public university, with the advice and consent |
of that board. Each task force shall be comprised of voting |
members and non-voting members. The voting members shall |
include, without limitation, members representing the |
university's library, members representing faculty, including, |
where applicable, a labor organization that represents faculty |
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at the public university, and members representing university |
administration. The non-voting members shall include, without |
limitation, a member representing publishers who publish |
scholarly journals. In the instance of public universities that |
have multiple campuses, each campus shall have representation |
on the task force. The task force shall review current |
practices and design a proposed policy regarding open access to |
research articles, based on criteria that are specific to each |
public university's needs.
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(b) Each task force shall (i) consider how the public |
university can best further the open access goals laid out in |
this Act, whether by creation of an open access policy for the |
public university, creation of an open access policy for the |
State, or some other mechanism; (ii) review how peer |
institutions and the federal government are addressing issues |
related to open access and ensure that any institutional or |
statewide policies are consistent with steps taken by federal |
grant-making agencies; and (iii) consider academic, legal, |
ethical, and fiscal ramifications of and questions regarding an |
open access policy, including but not limited to the following: |
(1) the question of how to preserve the academic |
freedom of scholars to publish as they wish while still |
providing public access to research; |
(2) the design of a copyright policy that meets the |
needs of the public as well as of authors and publishers; |
(3) the design of reporting, oversight, and |
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enforcement mechanisms; |
(4) the cost of maintaining and, where applicable, |
creating institutional repositories;
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(5) the potential for collaboration between public |
universities regarding the use and maintenance of |
repositories;
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(6) the potential use of existing scholarly |
repositories;
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(7) the fiscal feasibility and benefits and drawbacks |
to researchers of institutional support for Gold open |
access fees (where publication costs are covered by author |
fees rather than by subscription or advertising fees);
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(8) the differences between academic and publishing |
practices in different fields and the manner in which these |
differences should be reflected in an open access policy;
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(9) the determination of which version of a research |
article should be made publicly accessible; and
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(10) the determination of which researchers and which |
research ought to be covered by an open access policy, |
including, but not limited to, the question of whether a |
policy should cover theses and dissertations written by |
students at public institutions; research conducted by |
employees of State agencies; research supported by State |
grants, but not conducted by employees of public |
institutions or State agencies; research materials |
digitized using State funding; data collected by covered |
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researchers; research conducted by faculty at institutions |
that receive Monetary Award Program grants under Section 35 |
of the Higher Education Student Assistance Act; research |
conducted by part-time, adjunct, or other non-permanent |
faculty; research at least one of whose co-authors is |
covered by the policy; research progress reports presented |
at
professional meetings or conferences; laboratory notes, |
preliminary data analyses, notes
of the author, phone logs, |
or other information used to produce final manuscripts;
or |
classified research, research resulting in works
that |
generate revenue or royalties for authors (such as
books), |
or patentable discoveries. |
(c) Each task force shall conduct open meetings with |
advance notice and shall allow individuals to address the task |
force regarding open access issues.
Notwithstanding any |
provisions of the Open Meetings Act and subject to feasibility, |
members of the task force and interested parties may |
participate by phone or video conference. |
(d) On or before January 1, 2015, each task force shall |
adopt a report setting forth its findings and recommendations. |
These recommendations shall include a detailed description of |
any open access policy the task force recommends that the |
public university or State adopt, as well as, in the case of |
the public university, a plan for implementation.
This report |
must be approved by a majority of the appointed task force |
voting members. A task force shall also issue minority reports |
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at the request of any member, including a non-voting member. |
Each report shall be submitted to the board of trustees of the |
respective public university, the Board of Higher Education, |
both chambers of the General Assembly, and the Governor.
The |
Board of Higher Education shall publish, on its Internet |
website, a list of all public universities subject to this Act. |
The list shall indicate which public universities have |
submitted the report required pursuant to this subsection (d).
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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