BILL NUMBER: AB 609 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 18, 2013
AMENDED IN ASSEMBLY MAY 28, 2013
AMENDED IN ASSEMBLY MAY 9, 2013
AMENDED IN ASSEMBLY APRIL 23, 2013
AMENDED IN ASSEMBLY APRIL 1, 2013
INTRODUCED BY Assembly Members Nestande and Gatto
(Coauthors: Assembly Members Beth Gaines, Maienschein, Olsen, and
Skinner)
( Coauthor: Senator Hill
)
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 would establish minimum publication
requirements for a person receiving funding, in whole or in part, in
the form of a research grant from a state agency. The bill would
require the grant recipient to provide for public access to any
publication of a state agency-funded invention or state agency-funded
technology, as specified, including ensuring that an electronic
version of the final peer-reviewed manuscript is submitted to the
funding agency or to an appropriate publicly accessible database
approved by the agency, and is made publicly available no later than
12 months after the official date of publication.
The bill would make legislative findings in support of granting
public access to state-funded research and inventions. The bill would
also express the intent of the Legislature to encourage all grantees
to abide by the publication requirements outlined in the California
Code of Regulations for stem cell research California Institute for
Regeneration Medicine grants, as specified. The bill would exempt a
grantee that receives funding from an agency that has an existing
publication requirement that meets or exceeds the requirements of
this bill.
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, "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.
13989.4. The Legislature finds and declares all of the following:
(a) The state is home to many of the world's top research
universities, national laboratories, and leading-edge high-technology
companies that generate significant intellectual property.
(b) It is in the interest of the state to ensure that the results
of state-funded research are promptly developed and protected and to
ensure free public Internet access to the results, where appropriate.
(c) The expansion of innovation with the investment of taxpayer
dollars in the form of publicly funded grants could generate public
benefit, including, but not limited to, reinvestment in research,
development of new innovations, and jobs created from these types of
research.
(d) It is the intent of the Legislature that any grantee who
receives funding in the form of a research grant from a state agency
abide by the publication requirements outlined in subdivisions (a) to
(d), inclusive, of Section 100303 of Title 17 of the California Code
of Regulations, as amended on March 21, 2013, and in effect on July
1, 2013.
13989.6. (a) Any grantee that receives funding, in whole or in
part, in the form of a research grant from a state agency shall
provide for free public access to any publication of a state
agency-funded invention or state agency-funded technology, as
provided in this section.
(b) For any manuscript that is peer reviewed and
accepted for publication in a scientific
peer-reviewed journal, the grantee shall ensure that an
electronic version of the final peer-reviewed manuscript is submitted
to the funding agency or to an appropriate publicly accessible
database approved by the agency, including, but not limited to,
the University of California's eScholarship Repository at the
California Digital Library, PubMed Central, or the California Digital
Open Source Library, to be made publicly available no later than 12
months after the official date of publication. Manuscripts submitted
to the California Digital Open Source Library shall be exempt from
the requirements in subdivision (b) of Section 66408 of the Education
Code. The grantee shall make reasonable efforts to comply with this
requirement through submission of the manuscript to an approved
publicly accessible database, including notifying the funding agency
of submission. If the grantee is unable to submit the manuscript to
an approved publicly accessible database, the grantee may comply by
providing the manuscript to the funding agency, no later than 12
months after the official date of publication. In lieu of the final
peer-reviewed manuscript, the grantee may submit the final published
article.
(c) For publications other than those described in subdivision
(b), including meeting abstracts, the grantee shall comply by
providing the manuscript to the funding agency no later than 12
months after the official date of publication.
(d) Grantees are responsible for ensuring that any publishing or
copyright agreements concerning submitted articles fully comply with
this section.
(e) Grantees are authorized to use grant money for publication
costs, including fees charged by a publisher for color and page
charges, or fees for digital distribution.
(f) This chapter shall not apply to a grantee that receives
funding from a state agency or funding agency that has an existing
publication requirement that meets or exceeds the requirements of
this section, on or before the effective date of this chapter.