BILL ANALYSIS �
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THIRD READING
Bill No: AB 609
Author: Nestande (R) and Gatto (D), et al.
Amended: 6/11/14 in Senate
Vote: 21
SENATE GOVERNMENTAL ORGANIZATION COMM. : 5-0, 6/25/13 (FAIL)
AYES: Wright, Correa, De Le�n, Hernandez, Padilla
NO VOTE RECORDED: Nielsen, Berryhill, Calderon, Cannella,
Galgiani, Lieu
SENATE GOVERNMENTAL ORGANIZATION COMMITTEE : 8-0, 6/10/14
AYES: Correa, Cannella, De Le�n, Galgiani, Hernandez, Padilla,
Torres, Vidak
NO VOTE RECORDED: Berryhill, Lieu, Vacancy
SENATE JUDICIARY COMMITTEE : 7-0, 6/24/14
AYES: Jackson, Anderson, Corbett, Lara, Leno, Monning, Vidak
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 71-7, 5/30/13 - See last page for vote
SUBJECT : State-funded research: Department of Public Health
SOURCE : California Association of Physician Groups
DIGEST : This bill enacts the California Taxpayer Access to
Publicly Funded Research Act requiring a grantee who receives
funding, in whole or in part, in the form of a research grant
from the Department of Public Health (DPH) to provide free
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public access to any publication resulting from that research,
as specified.
ANALYSIS :
Existing law:
1.Directs the Department of General Services (DGS) to assist
state agencies in the management and development of
intellectual property developed by state employees or with
state funding, and authorizes DGS to develop a database of
state-owned intellectual property.
2.Authorizes state agencies and departments to, upon request by
DGS, share records and information related to intellectual
property generated by state employees, or with state funding.
3.Imposes certain restrictions on employees and former employees
of DGS with respect to divulging certain information provided
by state agencies and departments regarding intellectual
property.
4.Requires DPH to issue research grants for various purposes,
including cancer research, vaccines, and spinal cord injuries.
This bill enacts the California Taxpayer Access to Publicly
Funded Research Act requiring a grantee who receives funding, in
whole or in part, in the form of a research grant from DPH to
provide free public access to any publication resulting from
that research, as specified. Specifically, this bill:
1.Specifies that any grantee that receives funding, in whole or
in part, in the form of a research grant from DPH shall
provide for free public access to any publication of a
DPH-funded invention or DPH-funded technology.
2.Defines "research grant" as a grant to a researcher that is
provided in whole or in part by DPH.
3.Specifies that when DPH provides any funding in the form of a
research grant, the research grant shall include the following
terms and conditions to which a grantee must adhere as a
condition of receiving the grant:
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A. Grantees must ensure that any publishing or copyright
agreements concerning submitted manuscripts correspond to
the 12-month public access provisions.
B. Grantees must report to DPH the final disposition of the
research grant, including, but not limited to, if it was
published, when it was published, where it was published,
when the 12-month time period expires, and where the
manuscript will be available for open access.
C. DPH shall retain information regarding all issued
research grants that resulted in published works.
1.Specifies that for a manuscript that is accepted for
publication in a peer-reviewed journal, the grantee must
ensure that an electronic version of the peer-reviewed
manuscript is available to DPH and on an appropriate publicly
accessible database, approved by DPH, no later than 12 months
after the official date of publication.
2.Requires the grantee to make reasonable efforts to comply with
the open access publication requirement by ensuring their
manuscript is accessible on an approved publicly accessible
database, including notifying DPH that the manuscript is
available on a DPH-approved database.
3.Provides that if the grantee is unable to ensure that their
manuscript is accessible on an approved publicly accessible
database, the grantee may comply by providing the manuscript
to DPH no later than 12 months after the official date of
publication.
4.Specifies that for specified meeting abstracts and other
documents, the grantee shall comply by providing the
manuscript to DPH no later than 12 months after the official
date of publication.
5.States that grantees are responsible for ensuring that
publishing or copyright agreements concerning submitted
articles fully comply with this bill.
6.Entitles grantees to use grant money for publication costs,
including fees charged by a publisher for color and page
charges, or fees for digital distribution.
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7.Exempts grantees that receive funding for which there is an
existing publication requirement that meets or exceeds the
requirements of this bill, on or before the effective date of
this chapter.
8.Specifies that nothing in this bill authorizes use of a
peer-reviewed manuscript that constitutes copyright
infringement under federal law.
9.Provides that the provisions of this bill do not apply to
research grants issued prior to January1, 2015.
10.Makes legislative findings and declarations relating to
research, and, in particular, health sciences research funded
by DPH.
Background
Under existing law, employers, including California's public
universities, may control the disposition of certain types of
intellectual property developed during an employee's work hours
or using the employer's resources. Often, as a condition of
receiving a research grant, state, federal, and nonprofit
granting agencies will similarly place conditions on the
disposition of discoveries and intellectual property that result
from a grant. The federal government, for example, requires
businesses and nonprofits to retain ownership of inventions and
discoveries made under federally funded research and contract
programs, while also giving the government the license to
practice the subject invention.
This bill imposes similar disposition requirements on
intellectual property - in the form of published research - that
results from research grants issued by DPH. In effect, this
bill mandates that all published research produced in part with
departmental funding shall either be made publicly available
through its placement on an approved online repository or via
submission to DPH within 12 months of publication. Requiring
publication of research partially funded with taxpayer dollars
is consistent with the Legislature's declared policy of making
the results of state-funded research available in the public
domain.
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This bill replicates, in part, a practice employed by the
National Institutes of Health (NIH) for research it funds
through grants. Since 2008, NIH has required investigators
funded by the agency to submit an electronic version of all
peer-reviewed manuscripts to the agency no later than 12 months
after publication so that the results of all NIH-funded research
may be made publicly available. Grant receiving institutions
and investigators are tasked with ensuring that any publishing
or copyright agreements concerning submitted articles comply
with the policy, which mirrors an element of this bill. Unlike
this bill which does not specify a particular online repository
for grantees to submit materials to, NIH requires its grantees
to accession manuscripts in "PubMed Central," NIH's own digital
repository for materials published within the biomedical and
life sciences fields.
Comments
The author states:
California taxpayers invest hundreds of millions of dollars
annually in research. State research funding includes
research and development by universities and state
agencies, as well as efforts such as the California
Institute for Regenerative Medicine and specific disease
research programs. Upon completion of a project,
researchers write an article explaining the results of the
study, which is then submitted to an academic journal for
publication. Access to the information contained in these
research articles is an essential component of our state's
investment in science, and should be widely shared with the
public.
Unfortunately, most taxpayers - including students, medical
professionals, scientists, and entrepreneurs - cannot
readily gain access to all the research paid for with their
taxes. The majority of research funded with public dollars
is available only with costly journal subscriptions.
Single articles can cost up to $30 each, and some journals
cost up to $40,000 year. The 10-campus University of
California system spends nearly $40 million each year to
buy access to academic journals, even though many of the
articles are written, reviewed, and edited by UC professors
as part of their academic scholarly duties.
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AB 609 will ensure that the public can access the published
results of California taxpayer-funded research for free.
This bill requires each researcher receiving a state-funded
research grant to submit an electronic copy of their
research publication to an appropriate digital repository
no later than twelve months after the work is published.
This policy will apply to peer-reviewed research
publications that have been supported, in whole or in part,
by research grants from [DPH], and not indiscriminately to
all public postsecondary faculty members receiving their
salary from the state. The completed research publications
will become openly accessible, free of charge, to the
public.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/4/14)
California Association of Physician Groups (source)
Advancement Project
Association of College and Research Libraries
Association of Research Libraries
California Academy of Preventive Medicine
California Association of Psychiatric Technicians
California Common Cause
California Library Association
Californians Aware
Coalition of Open Access Policy Institutions
Creative Commons
CREDO Action
eCitizens.org
Electronic Frontier Foundation
eLife Sciences Publications
Engine Advocacy
Evari GIS Consulting, Inc.
Figshare
Gene Lucas, PhD - Executive Vice Chancellor, University of
California Santa
Barbara
Google
Greater Western Library Alliance
Hemet/San Jacinto Chamber of Commerce
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IJK Controls
Internet Archive
Measured Voice
Mozilla Foundation
National Association of Graduate-Professional Students
New Media Rights
O'Reilly Media
Open Knowledge Foundation America
Open Science Federation
PeerJ
Public Knowledge
Public Library of Science
Public.Resource.Org
Scholarly Publishing and Academic Resources Coalition
Susan G. Komen - California Affiliates
TechNet
University of California
ARGUMENTS IN SUPPORT : The UC notes that "scholars at UC have
a vested interest in ensuring that their work reaches the widest
possible audience, including members of the public whose tax
dollars support the University's research. Unfortunately, the
increasing cost of journal subscriptions in recent years often
acts to restrict access to research results. This increasing
restriction on the dissemination of research results runs
counter to the spirit in which UC faculty, researchers and
students undertake their scholarly activity. Accordingly, UC is
supportive of efforts to make research as widely accessible as
possible."
Supporters generally state that requiring state-funded research
to be made publicly available will eliminate barriers to
knowledge and make important findings more accessible to
researchers, students, and the public. Supporters contend that
the increased sharing and use of this information will help to
advance the pace of discovery, as well as to speed the
translation of this knowledge into innovative new services and
products.
ASSEMBLY FLOOR : 71-7, 5/30/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Ch�vez, Chesbro, Cooley,
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Dahle, Daly, Dickinson, Eggman, Fong, Fox, Beth Gaines,
Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove,
Hall, Harkey, Roger Hern�ndez, Jones, Jones-Sawyer, Levine,
Linder, Logue, Lowenthal, Maienschein, Mansoor, Melendez,
Mitchell, Morrell, Mullin, Muratsuchi, Nazarian, Nestande,
Olsen, Pan, Patterson, Perea, V. Manuel P�rez, Quirk, Rendon,
Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber,
Wieckowski, Williams, Yamada, John A. P�rez
NOES: Conway, Donnelly, Frazier, Hagman, Medina, Quirk-Silva,
Wilk
NO VOTE RECORDED: Holden, Vacancy
MW:e 8/5/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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