BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 609
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          Date of Hearing:   May 24, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                    AB 609 (Nestande) - As Amended:  May 9, 2013 

          Policy Committee:                               
          AccountabilityVote:8 - 2 

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill establishes minimum publication requirements for  
          people who receive funding for research from a state agency.  
          Specifically, this bill:  

          1)Requires grant recipients to provide public access to any  
            publication of a state agency-funded invention or technology  
            by 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.

          2)Requires that the manuscript be made publicly available within  
            12 months.

          3)States the intent of the Legislature for all grantees to abide  
            by the publication requirements outlined in the California  
            Code of Regulations for stem cell research California  
            Institute of Regenerative Medicine grants.

          4)Exempts grantees that receive funding from an agency that has  
            an existing publication requirement that meets or exceeds the  
            requirements in this bill. 

           FISCAL EFFECT  

          The exact amount state agencies spend on funding research each  
          year is unknown.  It is likely it is at least $250 million,  
          based on research funding state agencies provide the University  
          of California. It is also unknown how much of that funding  
          results in peer-reviewed articles and papers. 








                                                                  AB 609
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          However, to the extent that individuals receiving grant funding  
          for research would be required to pay approximately $3,000 in  
          fees associated with a peer review process and to publish their  
          findings on an open access database, it could result in cost  
          pressure in excess of $250,000 due to agencies increasing their  
          grant amounts to cover publishing costs.

           COMMENTS  

           1)Purpose  . This bill requires free online public access to the  
            final peer-reviewed manuscripts or published version that was  
            the product of a state agency's research grant as soon as  
            practicable, but not later than 12 months after publication in  
            peer-reviewed journals.  

            The author intends to provide free access to published results  
            of California taxpayer-funded research for free. Specifically,  
            the author states that the cost to purchase academic journal  
            subscriptions or articles is expensive and that state-funded  
            research should be shared with the public.

           2)Support  . Supporters, which include UC, various organizations,  
            professors and researchers, state that requiring open access  
            would provide the public access to important research and spur  
            innovation and economic growth.  They contend the results of  
            publically-funded research should be made available to the  
            public. 

           3)Opposition  . The Association of American Publishers, Inc. (AAP)  
            opposes this bill.  AAP argues that while the government may  
            currently fund original research, the publishers pay for the  
            cost of publication and the peer review processes and recoups  
            those costs through subscriptions and the purchase price of  
            individual journals.  Under this legislation, those costs  
            would now be borne by the researcher and the agencies funding  
            the research. The AAP further argues that providing free  
            access to journal articles would harm not-for-profit and  
            commercial publishers and negatively impact journal publishing  
            jobs in California.


           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081 









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