Sen. Daniel Biss
Filed: 4/10/2013
 
 


 




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1
AMENDMENT TO SENATE BILL 1900




2 AMENDMENT NO. ______. Amend Senate Bill 1900 by replacing 
3everything after the enacting clause with the following:


4 "Section 1. Short title. This Act may be cited as the Open 
5Access to Research Articles Act.

6 Section 5. Purpose. The General Assembly finds and declares 
7the
following:

8  (1) to maximize the social and economic benefits of 
9 research to the public, the published research articles 
10 produced by faculty at public universities should be made 
11 as widely available as possible, wide availability 
12 referring both to the depth of availability of a given 
13 research article (including immediate availability where 
14 practicable, long-term preservation and free public 
15 access, and broad accessibility for reuse and further 
16 research) and the breadth of research articles made 
 
 
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1 available;
2  (2) the public support these employees receive and the 
3 increased impact that broad public dissemination of 
4 research has is an important public purpose;

5  (3) many public universities have developed, or are 
6 developing, the capacity to provide free access over the 
7 Internet to such research through institutional 
8 repositories or otherwise; and

9  (4) a substantial portion of the research currently is 
10 not freely available over the Internet because the faculty 
11 have entered into publication agreements with terms that 
12 restrict public access to the fruits of unclassified 
13 research conducted by these State employees.


14 Section 10. Definitions. In this Act, "public university" 
15means the University of Illinois; Southern Illinois 
16University; Chicago State University; Eastern Illinois 
17University; Governors State University; Illinois State 
18University; Northeastern Illinois University; Northern 
19Illinois University; Western Illinois University; or any other 
20public university or college now or hereafter established or 
21authorized by the General Assembly.

22 Section 15. Task forces. 
23 (a) By January 1, 2014, each public university shall 
24establish an Open Access to Research Task Force. Each task 
 
 
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1force shall be appointed by the chairperson of the board of 
2trustees for the public university, with the advice and consent 
3of that board. Each task force shall include, without 
4limitation, members representing the university's library, 
5members representing faculty, including, where applicable, a 
6labor organization that represents faculty at the public 
7university, and members representing university 
8administration. In the instance of public universities that 
9have multiple campuses, each campus shall have representation 
10on the task force. The task force shall review current 
11practices and design a proposed policy regarding open access to 
12research articles, based on criteria that are specific to each 
13public university's needs.

14 (b) Each task force shall (i) consider how the public 
15university can best further the open access goals laid out in 
16this Act, whether by creation of an open access policy for the 
17public university, creation of an open access policy for the 
18State, or some other mechanism; (ii) review how peer 
19institutions and the federal government are addressing issues 
20related to open access and ensure that any institutional or 
21statewide policies are consistent with steps taken by federal 
22grant-making agencies; and (iii) consider academic, legal, 
23ethical, and fiscal ramifications of and questions regarding an 
24open access policy, including but not limited to the following:
25  (1) the question of how to preserve the academic 
26 freedom of scholars to publish as they wish while still 
 
 
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1 providing public access to research;
2  (2) the design of a copyright policy that meets the 
3 needs of the public as well as of authors and publishers;
4  (3) the design of reporting, oversight, and 
5 enforcement mechanisms;
6  (4) the cost of maintaining and, where applicable, 
7 creating, institutional repositories;

8  (5) the potential for collaboration between public 
9 universities regarding the use and maintenance of 
10 repositories;

11  (6) the potential use of existing scholarly 
12 repositories;

13  (7) the fiscal feasibility and benefits and drawbacks 
14 to researchers of institutional support for Gold open 
15 access fees (where publication costs are covered by author 
16 fees rather than by subscription or advertising fees);

17  (8) the differences between academic and publishing 
18 practices in different fields and the manner in which these 
19 differences should be reflected in an open access policy;

20  (9) the determination of which version of a research 
21 article should be made publicly accessible; and

22  (10) the determination of which researchers and which 
23 research ought to be covered by an open access policy, 
24 including, but not limited to, the question of whether a 
25 policy should cover theses and dissertations written by 
26 students at public institutions; research conducted by 
 
 
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1 employees of State agencies; research supported by State 
2 grants, but not conducted by employees of public 
3 institutions or State agencies; research materials 
4 digitized using State funding; data collected by covered 
5 researchers; research conducted by faculty at institutions 
6 that receive Monetary Award Program grants under Section 35 
7 of the Higher Education Student Assistance Act; research 
8 conducted by part-time, adjunct, or other non-permanent 
9 faculty; research at least one of whose co-authors is 
10 covered by the policy; research progress reports presented 
11 at
professional meetings or conferences; laboratory notes, 
12 preliminary data analyses, notes
of the author, phone logs, 
13 or other information used to produce final manuscripts;
or 
14 classified research, research resulting in works
that 
15 generate revenue or royalties for authors (such as
books), 
16 or patentable discoveries.
17 (c) Each task force shall conduct open meetings with 
18advance notice and shall allow individuals to address the task 
19force regarding open access issues.

20 (d) On or before January 1, 2015, each task force shall 
21adopt a report setting forth its findings and recommendations. 
22These recommendations shall include a detailed description of 
23any open access policy the task force recommends that the 
24public university or State adopt, as well as, in the case of 
25the public university, a plan for implementation.
This report 
26must be approved by a majority of the appointed task force 
 
 
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1members. A task force may also issue minority reports. Each 
2report shall be submitted to the board of trustees of the 
3respective public university, the Board of Higher Education, 
4both chambers of the General Assembly, and the Governor.
The 
5Board of Higher Education shall publish, on its Internet 
6website, a list of all public universities subject to this Act. 
7The list shall indicate which public universities have 
8submitted the report required pursuant to this subsection (d).

9 Section 99. Effective date. This Act takes effect upon 
10becoming law.".