A 3438: Enacts the "taxpayer access to publicly funded research act"; defines terms; requires each agency that provides funding for direct research shall develop a public access policy.

  
  STATE OF NEW YORK ________________________________________________________________________ 3438 2025-2026 Regular Sessions  IN ASSEMBLY January 27, 2025 ___________ Introduced by M. of A. SANTABARBARA -- read once and referred to the Committee on Governmental Operations AN ACT to establish the taxpayer access to publicly funded research act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "taxpayer access to publicly funded research act". 3 § 2. (a) As used in this act, the terms: 4 (i) "Agency" shall mean any executive branch agency, including, but 5 not limited to any agency, commission or authority; 6 (ii) "Direct research" shall mean research resulting directly from 7 proscribed grants from state agency funding for the purpose of specific 8 research undertakings; and 9 (iii) "Policy" shall mean the public access policy established pursu- 10 ant to subdivision (b) of this section. 11 (b) Each agency that provides funding for direct research shall devel- 12 op a public access policy that shall: 13 (i) Include a requirement that electronic versions of the author's 14 final manuscripts of original research papers that have been accepted 15 for publication in peer-reviewed journals and result from research 16 supported from funding by the state of New York, be submitted to such 17 funding agency; 18 (ii) Provide free online public access to such final peer-reviewed 19 manuscripts or published versions as soon as practicable but not later 20 than twelve months after publication in peer-reviewed journals; 21 (iii) Produce an online bibliography of all research papers that are 22 publicly accessible under the policy, with each entry linked to the 23 corresponding free online full text; 24 (iv) Provide free access to the published research findings; and 25 (v) Be developed in conjunction with any other agencies that provide 26 funding for direct research or that underwrite the cost of facilities, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06697-01-5 
 A. 3438 2 1 equipment, hardware, information resources, personnel or otherwise 2 fiscally support direct research. 3 (c) Such policy shall exclude: 4 (i) Research progress reports presented at professional meetings or 5 conferences; 6 (ii) Laboratory notes, preliminary data analyses, notes of the author, 7 phone logs or other information used to produce the final manuscript; 8 (iii) Classified research, research resulting in works that generate 9 revenue or royalties for the authors or patentable discoveries, to the 10 extent necessary to comply with copyright or patent protections; and 11 (iv) Authors who do not submit their work to a peer-reviewed journal 12 or works that are rejected for publication in such journals. 13 (d)(i) Not later than December first of each year, the head of each 14 agency shall submit a report on such agency's policy to the governor, 15 the speaker of the assembly and the temporary president of the senate. 16 (ii) Such report shall include, but not be limited to: 17 (A) A statement of the effectiveness of the policy in providing the 18 public with free online access to papers on research funded by such 19 agency; 20 (B) A list of papers published in peer-reviewed journals that report 21 on research funded by such agency; and 22 (C) A corresponding list of papers made available by the agency as a 23 result of this act. 24 § 3. This act shall take effect one year after it shall have become a 25 law. Effective immediately, the addition, amendment and/or repeal of any 26 rule or regulation necessary for the implementation of this act on its 27 effective date are authorized to be made and completed on or before such 28 effective date.