Illinois General Assembly - Full Text of SB1900
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Full Text of SB1900  98th General Assembly




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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Open
5Access to Research Articles Act.
6    Section 5. Purpose. The General Assembly finds and declares
7the following:
8        (1) to maximize the social and economic benefits of
9    research to the public, the published research articles
10    produced by faculty at public universities should be made
11    as widely available as possible, wide availability
12    referring both to the depth of availability of a given
13    research article (including immediate availability where
14    practicable, long-term preservation and free public
15    access, and broad accessibility for reuse and further
16    research) and the breadth of research articles made
17    available;
18        (2) the public support these employees receive and the
19    increased impact that broad public dissemination of
20    research has is an important public purpose;
21        (3) many public universities have developed, or are
22    developing, the capacity to provide free access over the
23    Internet to such research through institutional



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1    repositories or otherwise; and
2        (4) a substantial portion of the research currently is
3    not freely available over the Internet because the faculty
4    have entered into publication agreements with terms that
5    restrict public access to the fruits of unclassified
6    research conducted by these State employees.
7    Section 10. Definitions. In this Act, "public university"
8means the University of Illinois, Southern Illinois
9University, Chicago State University, Eastern Illinois
10University, Governors State University, Illinois State
11University, Northeastern Illinois University, Northern
12Illinois University, Western Illinois University, or any other
13public university or college now or hereafter established or
14authorized by the General Assembly.
15    Section 15. Task forces.
16    (a) By January 1, 2014, each public university shall
17establish an Open Access to Research Task Force. Each task
18force shall be appointed by the chairperson of the board of
19trustees for the public university, with the advice and consent
20of that board. Each task force shall be comprised of voting
21members and non-voting members. The voting members shall
22include, without limitation, members representing the
23university's library, members representing faculty, including,
24where applicable, a labor organization that represents faculty



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1at the public university, and members representing university
2administration. The non-voting members shall include, without
3limitation, a member representing publishers who publish
4scholarly journals. In the instance of public universities that
5have multiple campuses, each campus shall have representation
6on the task force. The task force shall review current
7practices and design a proposed policy regarding open access to
8research articles, based on criteria that are specific to each
9public university's needs.
10    (b) Each task force shall (i) consider how the public
11university can best further the open access goals laid out in
12this Act, whether by creation of an open access policy for the
13public university, creation of an open access policy for the
14State, or some other mechanism; (ii) review how peer
15institutions and the federal government are addressing issues
16related to open access and ensure that any institutional or
17statewide policies are consistent with steps taken by federal
18grant-making agencies; and (iii) consider academic, legal,
19ethical, and fiscal ramifications of and questions regarding an
20open access policy, including but not limited to the following:
21        (1) the question of how to preserve the academic
22    freedom of scholars to publish as they wish while still
23    providing public access to research;
24        (2) the design of a copyright policy that meets the
25    needs of the public as well as of authors and publishers;
26        (3) the design of reporting, oversight, and



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1    enforcement mechanisms;
2        (4) the cost of maintaining and, where applicable,
3    creating institutional repositories;
4        (5) the potential for collaboration between public
5    universities regarding the use and maintenance of
6    repositories;
7        (6) the potential use of existing scholarly
8    repositories;
9        (7) the fiscal feasibility and benefits and drawbacks
10    to researchers of institutional support for Gold open
11    access fees (where publication costs are covered by author
12    fees rather than by subscription or advertising fees);
13        (8) the differences between academic and publishing
14    practices in different fields and the manner in which these
15    differences should be reflected in an open access policy;
16        (9) the determination of which version of a research
17    article should be made publicly accessible; and
18        (10) the determination of which researchers and which
19    research ought to be covered by an open access policy,
20    including, but not limited to, the question of whether a
21    policy should cover theses and dissertations written by
22    students at public institutions; research conducted by
23    employees of State agencies; research supported by State
24    grants, but not conducted by employees of public
25    institutions or State agencies; research materials
26    digitized using State funding; data collected by covered



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1    researchers; research conducted by faculty at institutions
2    that receive Monetary Award Program grants under Section 35
3    of the Higher Education Student Assistance Act; research
4    conducted by part-time, adjunct, or other non-permanent
5    faculty; research at least one of whose co-authors is
6    covered by the policy; research progress reports presented
7    at professional meetings or conferences; laboratory notes,
8    preliminary data analyses, notes of the author, phone logs,
9    or other information used to produce final manuscripts; or
10    classified research, research resulting in works that
11    generate revenue or royalties for authors (such as books),
12    or patentable discoveries.
13    (c) Each task force shall conduct open meetings with
14advance notice and shall allow individuals to address the task
15force regarding open access issues. Notwithstanding any
16provisions of the Open Meetings Act and subject to feasibility,
17members of the task force and interested parties may
18participate by phone or video conference.
19    (d) On or before January 1, 2015, each task force shall
20adopt a report setting forth its findings and recommendations.
21These recommendations shall include a detailed description of
22any open access policy the task force recommends that the
23public university or State adopt, as well as, in the case of
24the public university, a plan for implementation. This report
25must be approved by a majority of the appointed task force
26voting members. A task force shall also issue minority reports



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1at the request of any member, including a non-voting member.
2Each report shall be submitted to the board of trustees of the
3respective public university, the Board of Higher Education,
4both chambers of the General Assembly, and the Governor. The
5Board of Higher Education shall publish, on its Internet
6website, a list of all public universities subject to this Act.
7The list shall indicate which public universities have
8submitted the report required pursuant to this subsection (d).
9    Section 99. Effective date. This Act takes effect upon
10becoming law.