BILL NUMBER: AB 609 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 2, 2014
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 and repeal Chapter 2.5 (commencing with
Section 13989) to of 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 , until January 1, 2020,
the California Taxpayer Access to Publicly Funded Research Act.
The bill would establish minimum publication
requirements for a person grantee
receiving funding, in whole or in part, in the form of a research
grant from a state agency. The bill would require a state agency
providing funding in the form of a research grant to include
specified terms and conditions that are required to be adhered to as
a condition of the grantee receiving the research grant. The
bill would require the grant recipient
grantee to provide for public access to any publication of a
state agency-funded invention or state agency-funded technology, as
specified, including ensuring that submitting
an electronic version of the final
peer-reviewed manuscript is submitted to the
funding state agency or to an
appropriate publicly accessible database approved by the
agency, and is state agency to be made publicly
available no not later than 12 months
after the official date of publication , except as specified
.
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 provide that this act
does not apply to a grantee that receives funding from
an a state 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 the 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. chapter the following
definitions shall apply:
(a) "Peer-reviewed manuscript" means a manuscript after it has
been peer reviewed and in the form in which it has been accepted for
publication in a scientific journal.
(b) "State agency" has the same meaning as defined in Section
10295.1 of the Public Contract Code.
13989.4. (a) The Legislature finds and
declares all of the following:
(a)
(1) 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)
(2) 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)
(3) 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)
(b) 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) (1) 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.
(2) A state agency that provides funding, in whole or in part, in
the form of a research grant shall include the following terms and
conditions in the research grant that are required to be adhered to
by the grantee as a condition of receiving the research grant:
(A) Pursuant to subdivision (b), grantees may provide data to the
state agency to request that the 12-month time period be extended by
up to 18 months.
(B) Grantees are responsible for ensuring that any publishing or
copyright agreements concerning submitted articles fully comply with
this section.
(C) Grantees shall report to the state agency the final
disposition of the research grant, such as, but not limited to, if it
was published, when it was published, where it was published, and,
when the 12-month time period that may be extended by up to 18 months
pursuant to subdivision (b) expires, and where the manuscript will
be available for open access.
(D) State agencies shall retain information regarding all issued
research grants that resulted in published works.
(b) For any manuscript that is accepted for publication in a
peer-reviewed journal, pursuant to the terms and conditions of
the grant, the grantee shall ensure that
submit an electronic version of the final
peer-reviewed manuscript is submitted to
the funding state agency or to an
appropriate publicly accessible database approved by the state
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 not
later than 12 months after the official date of publication.
If the grantee provides data to the state agency
showing there is a more appropriate time period for that field of
study, the grantee may request that the not later than 12-month time
period be extended by up to 18 months. 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 state 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 state agency,
no not 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 state
agency no not later than 12
months after the official date of publication.
(d) (1) Grantees are responsible for
ensuring that any publishing or copyright agreements concerning
submitted articles fully comply with this section.
(2) Nothing in this chapter shall be construed to authorize any
use of a peer-reviewed manuscript that would constitute an
infringement of copyright under the federal copyright law described
in Section 101 of Title 17 of the United States Code and following.
(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.
13989.8. This chapter shall remain in effect only until January
1, 2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.