NY State Senate Bill 2013-S4050A

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 10, 2014	print number 4050a
Feb 10, 2014	amend and recommit to finance
Jan 08, 2014	referred to finance
Mar 06, 2013	referred to finance

Bill Amendments

Original

A (Active)

co-Sponsors

2013-S4050 - Details

See Assembly Version of this Bill:: A180
Current Committee:: Senate Finance
Law Section:: Freedom of Information Law
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7046, A9162
2015-2016: S3952, A1878
2017-2018: S8731

2013-S4050 - Summary

Establishes the taxpayer access to publicly funded research act requiring any executive branch agency, commission or authority that funds direct research to establish a public access policy that would provide access to certain published works that were funded by the state.

2013-S4050 - Sponsor Memo

2013-S4050 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4050

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 6, 2013
                               ___________

Introduced  by Sens. ROBACH, GRISANTI -- read twice and ordered printed,
  and when printed to be committed to the Committee on Finance

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:

  Section  1.  Short  title. This act shall be known and may be cited as
the "taxpayer access to publicly funded research act".
  S 2. (a) As used in this act, the term:
  (i) "Agency" shall mean any executive branch  agency,  including,  but
not limited to any agency, commission or authority;
  (ii)  "Direct  research"  shall  mean research resulting directly from
proscribed grants from state agency funding for the purpose of  specific
research undertakings; and
  (iii)  "Policy" shall mean the public access policy established pursu-
ant to subdivision (b) of this section.
  (b) Each agency that provides funding for direct research shall devel-
op a public access policy that shall:
  (i) 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  funding  by the state of New York, be submitted to such
funding agency;
  (ii) 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;
  (iii) 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;
  (iv) Provide for the long-term preservation of, and  free  access  to,
published research findings in a stable digital repository maintained by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03226-01-3

S. 4050                             2

the  agency  or in any repository determined by the agency to meet these
conditions; and
  (v)  Be  developed in conjunction with any other 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.
  (c) Such policy shall exclude:
  (i) Research progress reports presented at  professional  meetings  or
conferences;
  (ii) Laboratory notes, preliminary data analyses, notes of the author,
phone logs or other information used to produce the final manuscript;
  (iii)  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; and
  (iv)  Authors  who do not submit their work to a peer-reviewed journal
or works that are rejected for publication in such journals.
  (d)(i) Not later than December 1, of each year, the head of each agen-
cy shall submit a report on such agency's policy to  the  governor,  the
speaker of the assembly and the temporary president of the senate.
  (ii) Such report shall include, but not be limited to:
  (A)  A  statement  of the effectiveness of the policy in providing the
public with free online access to papers  on  research  funded  by  such
agency;
  (B)  A  list of papers published in peer-reviewed journals that report
on research funded by such agency; and
  (C) A corresponding list of papers made available by the agency  as  a
result of this act.
  S  3. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act  on  its
effective date is authorized to be made on or before such date.

co-Sponsors

2013-S4050A (ACTIVE) - Details

See Assembly Version of this Bill:: A180
Current Committee:: Senate Finance
Law Section:: Freedom of Information Law
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7046, A9162
2015-2016: S3952, A1878
2017-2018: S8731

2013-S4050A (ACTIVE) - Summary

2013-S4050A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4050A

TITLE  OF  BILL:   An act to establish the taxpayer access to publicly
funded research act

PURPOSE:

The purpose of this legislation is to ensure a public access policy is
created for any original research that is  the  result  of  prescribed
grants  from  state  agency  funding  for  the purpose of the specific
research proposal. This law, known as the taxpayer access to  publicly
funded research act, shall in part require, at a minimum, that a final
copy of the research be delivered to the agency which provided funding
for  it,  and that it shall be submitted to a digital repository which
must allow free public access.

SUMMARY OF PROVISIONS:

This bill creates the "taxpayer access  to  publicly  funded  research
act" in the unconsolidated law.

JUSTIFICATION:

Each  year,  New  York  State  agencies distribute tens of millions of
dollars in  direct  and  underwritten  funding  to  original  research
projects.  Much  of  the  time,  these  papers  receive publication to

peer-reviewed journals, However, while the internet has  expanded  the
breadth  of  free information that is available to the general public,
many peer reviewed journals maintain prohibitive cost  barriers  which
block  widespread  public  access. New York State proudly supports its
dedicated  funding  to  research  which   helps   create   scientific,
environmental,  and cultural breakthroughs; however it is unacceptable
that that the taxpayers who provide the money for this research should
encounter any barrier in accessing it. This bill will provide a window
for 6 months of exclusive protection to the research, at  which  point
it  is  only  just  that  the  general  public be free to share in the
information generated from the research. Passing this  law  will  give
New  York the honor of being the first state in the country to require
public access to research generated from taxpayer dollars.

LEGISLATIVE HISTORY:

2012 S7046A Committed to Finance

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect one year after it shall  have  become  law.
Effective  immediately,  the addition, amendment, and/or repeal of any
rule or regulation for the implementation of this act on its effective
date is authorized to be made on or before such date.

2013-S4050A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4050--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 6, 2013
                               ___________

Introduced by Sens. ROBACH, GRISANTI, KRUEGER, LAVALLE -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Finance -- recommitted to the Committee on Finance in accordance  with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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:

  Section  1.  Short  title. This act shall be known and may be cited as
the "taxpayer access to publicly funded research act".
  S 2. (a) As used in this act, the term:
  (i) "Agency" shall mean any executive branch  agency,  including,  but
not limited to any agency, commission or authority;
  (ii)  "Direct  research"  shall  mean research resulting directly from
proscribed grants from state agency funding for the purpose of  specific
research undertakings; and
  (iii)  "Policy" shall mean the public access policy established pursu-
ant to subdivision (b) of this section.
  (b) Each agency that provides funding for direct research shall devel-
op a public access policy that shall:
  (i) 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  funding  by the state of New York, be submitted to such
funding agency;
  (ii) Provide free online public access  to  such  final  peer-reviewed
manuscripts  or  published versions as soon as practicable but not later
than twelve months after publication in peer-reviewed journals;
  (iii) 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03226-04-4

S. 4050--A                          2

  (iv) Provide for the long-term preservation of, and  free  access  to,
published research findings in a stable digital repository maintained by
the  agency  or in any repository determined by the agency to meet these
conditions; and
  (v)  Be  developed in conjunction with any other 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.
  (c) Such policy shall exclude:
  (i) Research progress reports presented at  professional  meetings  or
conferences;
  (ii) Laboratory notes, preliminary data analyses, notes of the author,
phone logs or other information used to produce the final manuscript;
  (iii)  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; and
  (iv)  Authors  who do not submit their work to a peer-reviewed journal
or works that are rejected for publication in such journals.
  (d)(i) Not later than December 1, of each year, the head of each agen-
cy shall submit a report on such agency's policy to  the  governor,  the
speaker of the assembly and the temporary president of the senate.
  (ii) Such report shall include, but not be limited to:
  (A)  A  statement  of the effectiveness of the policy in providing the
public with free online access to papers  on  research  funded  by  such
agency;
  (B)  A  list of papers published in peer-reviewed journals that report
on research funded by such agency; and
  (C) A corresponding list of papers made available by the agency  as  a
result of this act.
  S  3. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act  on  its
effective date is authorized to be made on or before such date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S4050A

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

2013-S4050 - Details

2013-S4050 - Summary

2013-S4050 - Sponsor Memo

2013-S4050 - Bill Text download pdf

co-Sponsors

2013-S4050A (ACTIVE) - Details

2013-S4050A (ACTIVE) - Summary

2013-S4050A (ACTIVE) - Sponsor Memo

2013-S4050A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4050A

Share this bill

Sponsored By

Joseph E. Robach

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

Mark Grisanti

Liz Krueger

Kenneth P. LaValle

2013-S4050 - Details

2013-S4050 - Summary

2013-S4050 - Sponsor Memo

2013-S4050 - Bill Text download pdf

co-Sponsors

Mark Grisanti

Liz Krueger

Kenneth P. LaValle

2013-S4050A (ACTIVE) - Details

2013-S4050A (ACTIVE) - Summary

2013-S4050A (ACTIVE) - Sponsor Memo

2013-S4050A (ACTIVE) - Bill Text download pdf

Comments