BILL NUMBER: AB 609 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 23, 2013
AMENDED IN ASSEMBLY APRIL 1, 2013
INTRODUCED BY Assembly Member Nestande
(Coauthors: Assembly Members Beth Gaines, Maienschein, and Olsen)
FEBRUARY 20, 2013
An act to add Chapter 2.5 (commencing with Section 13989) to Part
4.5 of Division 3 of Title 2 of the Government Code, relating to
state government.
LEGISLATIVE COUNSEL'S DIGEST
AB 609, as amended, Nestande. State-funded research.
Existing law authorizes the Department of General Services to
carry out various powers and duties relating to assisting a state
agency in the management and development of intellectual property
developed by state employees or with state funding, including, among
other duties, developing a database of state-owned intellectual
property using specified data.
Existing law authorizes state agencies and departments to, upon
request, share records and information related to intellectual
property generated by state employees or with state funding with the
department. Existing law also imposes certain restrictions on
employees and former employees of the department with respect to
divulging certain information provided by state agencies and
departments regarding intellectual property.
This bill would enact the California Taxpayer Access to Publicly
Funded Research Act. The bill, notwithstanding any other law, would
require a state agency that provides grant funding resulting directly
in research for the purpose of specific research undertakings to
develop a public access policy. The bill would require the public
access policy to, among other things, include a requirement that
electronic versions of final manuscripts or a specified link to an
electronic version of original research papers accepted for
publication be submitted to the state agency and the California State
Library, and to provide free online public access to those final
peer-reviewed manuscripts or published versions, as specified.
This bill would, until January 1, 2018, require, not later than
December 1, that each state agency submit an annual report on the
state agency's public access policy to the Governor, the Senate
Committee on Rules, and the Speaker of the Assembly.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 2.5 (commencing with Section 13989) is added to
Part 4.5 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER 2.5. STATE-FUNDED RESEARCH
13989. This act shall be known and may be cited as the California
Taxpayer Access to Publicly Funded Research Act.
13989.2. For purposes of this chapter, the following definitions
shall apply:
(a) "State agency" shall mean an entity within the executive
branch, including, but not limited to, all departments, boards,
bureaus, commissions, councils, and offices. Neither the
University of California, nor the California State University, is
included in the definition of state agency.
(b) "Direct research" shall mean research resulting directly from
grants from state agency funding for the purpose of specific research
undertakings.
(c) "Policy" shall mean the public access policy established
pursuant to Section 13989.4.
13989.4. (a) Notwithstanding any other law, each state agency
that provides funding in the form of a research grant to a grantee
for direct research shall develop a public access policy that shall
do the following:
(1) Include a requirement that electronic versions of the author's
final manuscripts, or a link to an electronic version of the author'
s final manuscript in an open access digital repository of original
research papers that have been accepted for publication in
peer-reviewed journals and result from research supported from state
agency funding, be submitted to the funding state agency and the
California State Library.
(2) Provide free online public access to such final peer-reviewed
manuscripts or published versions as soon as practicable, but not
later than six 12 months after
publication in peer-reviewed journals.
(3) To the extent in compliance with copyright or patent
protection, 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. The California State
Library shall produce and maintain the online bibliography under this
paragraph.
(4) Provide for the long-term preservation of, and free access to,
published research findings in a stable digital repository
maintained by the California State Library or in any repository
determined by the California State Library to meet these conditions.
(5) Be developed in conjunction with any other state 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.
(6) Authorize the use of grant money for publication costs, which
include fees charged by a publisher, including, but not limited to,
color and page charges, or fees for digital distribution.
(b) The policy described in subdivision (a) shall exclude all of
the following:
(1) Research progress reports presented at professional meetings
or conferences.
(2) Laboratory notes, preliminary data analyses, notes of the
author, phone logs, or other information used to produce the final
manuscript.
(3) 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.
(4) Authors who do not submit their work to a peer-reviewed
journal or works that are rejected for publication in such journals.
(5) State-funded research grants entered into pursuant to a
contract prior to the effective date of this chapter where the terms
and conditions of that contract prohibit the public dissemination of
the research or are otherwise in conflict with the provisions of this
chapter.
(6) Any data, including supplemental data, that has the potential
to reveal a person's identity.
13989.6. (a) Not later than December 1, annually, each state
agency shall submit a report on the state agency's policy to the
Governor, the Senate Committee on Rules, and the Speaker of the
Assembly.
(b) The report shall include, but not be limited to, all of the
following:
(1) A statement of the effectiveness of the policy in providing
the public with free online access to papers on research funded by
the state agency.
(2) A list of papers published in peer-reviewed journals that
report on research funded by the state agency.
(3) A corresponding list of papers made available by the state
agency as a result of this act.
(c) (1) A report to the Legislature pursuant to this section shall
be submitted in compliance with Section 9795.
(2) This section shall become inoperative on January 1, 2018,
pursuant to Section 10231.5.