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AB-609 State-funded research.(2013-2014)

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Amended  IN  Senate  June 18, 2013
Amended  IN  Assembly  May 28, 2013
Amended  IN  Assembly  May 09, 2013
Amended  IN  Assembly  April 23, 2013
Amended  IN  Assembly  April 01, 2013

CALIFORNIA LEGISLATURE— 2013–2014 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 Chapter 2.5 (commencing with Section 13989) to 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 the California Taxpayer Access to Publicly Funded Research Act. The bill would establish minimum publication requirements for a person receiving funding, in whole or in part, in the form of a research grant from a state agency. The bill would require the grant recipient to provide for public access to any publication of a state agency-funded invention or state agency-funded technology, as specified, including 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, and is made publicly available no later than 12 months after the official date of publication.
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 a grantee that receives funding from an agency that has an existing publication requirement that meets or exceeds the requirements of this bill.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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 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.

13989.4.
 The Legislature finds and declares all of the following:
(a) 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) 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) 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) 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) 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.
(b) For any manuscript that is peer reviewed and accepted for publication in a scientific peer-reviewed journal, the grantee shall ensure 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, 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 later than 12 months after the official date of publication. 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 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 agency, no 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 agency no later than 12 months after the official date of publication.
(d) Grantees are responsible for ensuring that any publishing or copyright agreements concerning submitted articles fully comply with this section.
(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.