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

                                  3952

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 24, 2015
                               ___________

Introduced  by  Sen.  FARLEY -- 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 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;
  (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.
                                                           LBD03876-01-5

              

S. 3952                             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.