Bill Text: IL SB1900 | 2013-2014 | 98th General Assembly | Amended

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

---

Bill Title: Creates the Open Access to Research Articles Act. Provides that no later than 12 months after the effective date of the Act, each public institution of higher education shall develop an open access to research articles policy. Provides that all public institutions of higher education shall develop policies that provide for the submission, by all faculty employed by the public institution of higher education, to the employing institution of an electronic version of the author's final manuscript of original research papers upon acceptance by a scholarly research journal; the incorporation of certain changes and replacements regarding the manuscript; free online public access to the final peer-reviewed manuscripts or published versions upon publication; an irrevocable, worldwide copyright license granted by the author to the public; production of an online bibliography of all research papers that are publicly accessible; and long-term preservation of, and free public access to, published research articles. Sets forth provisions concerning applicability, other policy requirements, and reporting requirements.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Passed) 2013-08-09 - Public Act . . . . . . . . . 98-0295 [SB1900 Detail]

Download: Illinois-2013-SB1900-Amended.html

---

Sen. Daniel Biss

Filed: 4/10/2013

09800SB1900sam002 LRB098 09377 RPM 44185 a
AMENDMENT TO SENATE BILL 1900
AMENDMENT NO. ______. Amend Senate Bill 1900 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Open
Access to Research Articles Act.
Section 5. Purpose. The General Assembly finds and declares
the following:
(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

09800SB1900sam002 - 2 - LRB098 09377 RPM 44185 a
available;
(2) the public support these employees receive and the
increased impact that broad public dissemination of
research has is an important public purpose;
(3) many public universities have developed, or are
developing, the capacity to provide free access over the
Internet to such research through institutional
repositories or otherwise; and
(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.
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.
Section 15. Task forces.
(a) By January 1, 2014, each public university shall
establish an Open Access to Research Task Force. Each task

09800SB1900sam002 - 3 - LRB098 09377 RPM 44185 a
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 include, without
limitation, members representing the university's library,
members representing faculty, including, where applicable, a
labor organization that represents faculty at the public
university, and members representing university
administration. 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.
(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

09800SB1900sam002 - 4 - LRB098 09377 RPM 44185 a
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
enforcement mechanisms;
(4) the cost of maintaining and, where applicable,
creating, institutional repositories;
(5) the potential for collaboration between public
universities regarding the use and maintenance of
repositories;
(6) the potential use of existing scholarly
repositories;
(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);
(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;
(9) the determination of which version of a research
article should be made publicly accessible; and
(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

09800SB1900sam002 - 5 - LRB098 09377 RPM 44185 a
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
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.
(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

09800SB1900sam002 - 6 - LRB098 09377 RPM 44185 a
members. A task force may also issue minority reports. 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).
Section 99. Effective date. This Act takes effect upon
becoming law.".