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

California Legislature—2013–14 Regular Session

Assembly Bill No. 609

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 begin insert and repeal end insert Chapter 2.5 (commencing with Section 13989) begin delete to end delete begin insert of end insert 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 begin insert , until January 1, 2020, end insert the California Taxpayer Access to Publicly Funded Research Act. The bill would establish begin delete minimum end delete publication requirements for a begin delete person end delete begin insert grantee end insert receiving funding, in whole or in part, in the form of a research grant from a state agency. begin insert 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. end insert The bill would require the begin delete grant recipient end delete begin insert grantee end insert to provide for public access to any publication of a state agency-funded invention or state agency-funded technology, as specified, including begin delete ensuring that end delete begin insert submitting end insert an electronic version of the begin delete final end delete peer-reviewed manuscript begin delete is submitted end delete to the begin delete funding end delete begin insert state end insert agency or to an appropriate publicly accessible database approved by the begin delete agency, and is end delete begin insert state agency to be end insert made publicly available begin delete no end delete begin insert not end insert later than 12 months after the official date of publication begin insert , except as specified end insert .

begin delete 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. end delete The bill would begin delete exempt end delete begin insert provide that this act does not apply to end insert a grantee that receives funding from begin delete an end delete begin insert a state end insert 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 begin insert the end insert purposes of this begin delete 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. end delete
begin insert chapter the following definitions shall apply: end insert

begin insert

(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.

end insert begin insert

(b) “State agency” has the same meaning as defined in Section
10295.1 of the Public Contract Code.

end insert

13989.4.  

begin insert (a) end insert begin insert   end insert The Legislature finds and declares all of the
following:

begin delete

(a)

end delete

begin insert (1) end insert  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.

begin delete

(b)

end delete

begin insert (2) end insert  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.

begin delete

(c)

end delete

begin insert (3) end insert  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.

begin delete

(d)

end delete

begin insert (b) end insert  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)  begin insert (1) end insert begin insert   end insert 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.

begin insert

(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:

end insert begin insert

(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.

end insert begin insert

(B) Grantees are responsible for ensuring that any publishing
or copyright agreements concerning submitted articles fully comply
with this section.

end insert begin insert

(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.

end insert begin insert

(D) State agencies shall retain information regarding all issued
research grants that resulted in published works.

end insert

(b) For any manuscript that is accepted for publication in a
peer-reviewed journal, begin insert pursuant to the terms and conditions of the
grant, end insert the grantee shall begin delete ensure that end delete begin insert submit end insert an electronic version of
the begin delete final end delete peer-reviewed manuscript begin delete is submitted end delete to the begin delete funding end delete
begin insert state end insert agency or to an appropriate publicly accessible database
approved by the begin insert state end insert 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 begin delete no end delete begin insert not end insert later than 12
months after the official date of publication. begin insert 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. end insert
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 begin delete funding end delete begin insert state end insert 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 begin delete funding end delete begin insert state end insert agency, begin delete no end delete begin insert not end insert
later than 12 months after the official date of publication. In lieu
of the begin delete final end delete 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 begin delete funding end delete begin insert state end insert agency begin delete no end delete begin insert not end insert later
than 12 months after the official date of publication.

(d)  begin insert (1) end insert begin insert   end insert Grantees are responsible for ensuring that any
publishing or copyright agreements concerning submitted articles
fully comply with this section.

begin insert

(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.

end insert

(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 begin delete or funding agency end delete that has an existing
publication requirement that meets or exceeds the requirements
of this section, on or before the effective date of this chapter.

begin insert

begin insert 13989.8. end insert   

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.

end insert