BILL NUMBER: AB 609 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 4, 2014
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) 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 publication requirements for a 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
grantee to provide for public access to any publication of a state
agency-funded invention or state agency-funded technology, as
specified, including submitting an electronic version of the
peer-reviewed manuscript to the state agency or to an appropriate
publicly accessible database approved by the state agency to be made
publicly available not later than 12 months after the official date
of publication, except as specified. The bill would provide that this
act does not apply to a grantee that receives funding from 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 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:
(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.
(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.
(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.
(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 submit an electronic version of the
peer-reviewed manuscript to the 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
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 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 state agency, not later than 12
months after the official date of publication. In lieu of the
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 state agency 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 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.