New York A 3438: Enacts the effective background check act of 2017

Bill Text

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A03438 Summary:

BILL NOA03438 

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SAME ASSAME AS S04693

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SPONSORSantabarbara

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COSPNSR

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MLTSPNSR

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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.

Go to top A03438 Actions:

BILL NOA03438 

&nbsp

01/27/2025referred to governmental operations

01/07/2026referred to governmental operations

Go to topA03438 Committee&nbspVotes:

Go to topA03438 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03438 Text:

 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 addit