California Legislature—2013–14 Regular Session

Assembly BillNo. 609

Introduced by Assembly Member Nestande

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.


AB 609, as introduced, 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, notwithstanding any other law, would require a state agency that provides funding for research resulting directly from proscribed grants from state agency funding for the purpose of specific research undertaking to develop a public access policy. The bill would require the public access policy to, among other things, include a requirement that electronic versions of final manuscripts of original research papers accepted for publication to be submitted to the state agency and provide free online public access to such final peer-reviewed manuscripts or published versions, as specified.

This bill would, until January 1, 2018, require, not later than December 1, that each state agency to submit an annual report on the state agency’s public access policy to the Governor, the Senate Committee on Rules, and the Speaker of the Assembly.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1


Chapter 2.5 (commencing with Section 13989)
2is added to Part 4.5 of Division 3 of Title 2 of the Government
, to read:


5Chapter  2.5. State-Funded Research




This act shall be known and may be cited as the
8California Taxpayer Access to Publicly Funded Research Act.



For purposes of this chapter, the following definitions
10shall apply:

11(a) “State agency” shall mean an entity within the executive
12branch, including, but not limited to, all departments, boards,
13bureaus, commissions, councils, and offices.

14(b) “Direct research” shall mean research resulting directly from
15proscribed grants from state agency funding for the purpose of
16specific research undertakings.

17(c) “Policy” shall mean the public access policy established
18pursuant to subdivision (b).



(a) Notwithstanding any other law, each state agency
20that provides funding for direct research shall develop a public
21access policy that shall do the following:

22(1) Include a requirement that electronic versions of the author’s
23final manuscripts of original research papers that have been
24accepted for publication in peer-reviewed journals and result from
25research supported from state agency funding, be submitted to the
26funding state agency.

P3    1(2) Provide free online public access to such final peer-reviewed
2manuscripts or published versions as soon as practicable, but not
3later than six months after publication in peer-reviewed journals.

4(3) To the extent in compliance with copyright or patent
5protection, produce an online bibliography of all research papers
6that are publicly accessible under the policy, with each entry linked
7to the corresponding free online full text.

8(4) Provide for the long-term preservation of, and free access
9to, published research findings in a stable digital repository
10maintained by the state agency or in any repository determined by
11the state agency to meet these conditions.

12(5) Be developed in conjunction with any other state agencies
13that provide funding for direct research or that underwrite the cost
14of facilities, equipment, hardware, information resources,
15personnel, or otherwise fiscally support direct research.

16(b) The policy described in subdivision (a) shall exclude all of
17the following:

18(1) Research progress reports presented at professional meetings
19or conferences.

20(2) Laboratory notes, preliminary data analyses, notes of the
21author, phone logs, or other information used to produce the final

23(3) Classified research, research resulting in works that generate
24revenue or royalties for the authors, or patentable discoveries, to
25the extent necessary to comply with copyright or patent protections.

26(4) Authors who do not submit their work to a peer-reviewed
27journal or works that are rejected for publication in such journals.

28(5) State-funded research entered into pursuant to a contract
29prior to the effective date of this chapter where the terms and
30conditions of that contract prohibit the public dissemination of the

32(6) Any data that has the potential to reveal a person’s identity.



(a) Not later than December 1, annually, each state
34agency shall submit a report on the state agency’s policy to the
35Governor, the Senate Committee on Rules, and the Speaker of the

37(b) The report shall include, but not be limited to, all of the

P4    1(1) A statement of the effectiveness of the policy in providing
2the public with free online access to papers on research funded by
3such agency.

4(2) A list of papers published in peer-reviewed journals that
5report on research funded by such agency.

6(3) A corresponding list of papers made available by the state
7agency as a result of this act.

8(c) (1) A report to the Legislature pursuant to this section, shall
9be submitted in compliance with Section 9795.

10(2) This section shall become inoperative on January 1, 2018,
11pursuant to Section 10231.5.