Bill Text: NY A09139 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Enacts the "taxpayer access to publicly funded research act"; defines terms; requires each agency that provides funding for direct research shall develop a public access policy.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-08 - referred to governmental operations [A09139 Detail]

Download: New_York-2023-A09139-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          9139

                   IN ASSEMBLY

                                    February 8, 2024
                                       ___________

        Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
          Committee on Governmental Operations

        AN ACT to establish the taxpayer access to publicly funded research act

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "taxpayer access to publicly funded research act".
     3    § 2. (a) As used in this act, the terms:
     4    (i) "Agency" shall mean any executive branch  agency,  including,  but
     5  not limited to any agency, commission or authority;
     6    (ii)  "Direct  research"  shall  mean research resulting directly from
     7  proscribed grants from state agency funding for the purpose of  specific
     8  research undertakings; and
     9    (iii)  "Policy" shall mean the public access policy established pursu-
    10  ant to subdivision (b) of this section.
    11    (b) Each agency that provides funding for direct research shall devel-
    12  op a public access policy that shall:
    13    (i) Include a requirement that electronic  versions  of  the  author's
    14  final  manuscripts  of  original research papers that have been accepted
    15  for publication in  peer-reviewed  journals  and  result  from  research
    16  supported  from  funding  by the state of New York, be submitted to such
    17  funding agency;
    18    (ii) Provide free online public access  to  such  final  peer-reviewed
    19  manuscripts  or  published versions as soon as practicable but not later
    20  than twelve months after publication in peer-reviewed journals;
    21    (iii) Produce an online bibliography of all research papers  that  are
    22  publicly  accessible  under  the  policy,  with each entry linked to the
    23  corresponding free online full text;
    24    (iv) Provide free access to the published research findings; and
    25    (v) Be developed in conjunction with any other agencies  that  provide
    26  funding  for  direct research or that underwrite the cost of facilities,
    27  equipment,  hardware,  information  resources,  personnel  or  otherwise
    28  fiscally support direct research.
    29    (c) Such policy shall exclude:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10365-02-3
        A. 9139                             2

     1    (i)  Research  progress  reports presented at professional meetings or
     2  conferences;
     3    (ii) Laboratory notes, preliminary data analyses, notes of the author,
     4  phone logs or other information used to produce the final manuscript;
     5    (iii)  Classified  research, research resulting in works that generate
     6  revenue or royalties for the authors or patentable discoveries,  to  the
     7  extent necessary to comply with copyright or patent protections; and
     8    (iv)  Authors  who do not submit their work to a peer-reviewed journal
     9  or works that are rejected for publication in such journals.
    10    (d)(i) Not later than December first of each year, the  head  of  each
    11  agency  shall  submit  a report on such agency's policy to the governor,
    12  the speaker of the assembly and the temporary president of the senate.
    13    (ii) Such report shall include, but not be limited to:
    14    (A) A statement of the effectiveness of the policy  in  providing  the
    15  public  with  free  online  access  to papers on research funded by such
    16  agency;
    17    (B) A list of papers published in peer-reviewed journals  that  report
    18  on research funded by such agency; and
    19    (C)  A  corresponding list of papers made available by the agency as a
    20  result of this act.
    21    § 3. This act shall take effect one year after it shall have become  a
    22  law. Effective immediately, the addition, amendment and/or repeal of any
    23  rule  or  regulation necessary for the implementation of this act on its
    24  effective date are authorized to be made and completed on or before such
    25  effective date.