SB1900 98TH GENERAL ASSEMBLY

LRB098 09377 RPM 39518 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1900

Introduced 2/15/2013, by Sen. Daniel Biss

SYNOPSIS AS INTRODUCED:

New Act

Creates the Open Access to Research Articles Act. Provides that no later than 12 months after the effective date of the Act, each public institution of higher education shall develop an open access to research articles policy. Provides that all public institutions of higher education shall develop policies that provide for the submission, by all faculty employed by the public institution of higher education, to the employing institution of an electronic version of the author's final manuscript of original research papers upon acceptance by a scholarly research journal; the incorporation of certain changes and replacements regarding the manuscript; free online public access to the final peer-reviewed manuscripts or published versions upon publication; an irrevocable, worldwide copyright license granted by the author to the public; production of an online bibliography of all research papers that are publicly accessible; and long-term preservation of, and free public access to, published research articles. Sets forth provisions concerning applicability, other policy requirements, and reporting requirements.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Open Access to Research Articles Act.

Section 5. Purpose. The General Assembly finds and declares the following:

(1) to maximize the social and economic benefits of research to the public, the published research articles produced by faculty at public institutions of higher education should be made as widely available as possible;

(2) the public support these employees receive and the increased impact that broad public dissemination of research has is an important public purpose;

(3) many public institutions of higher education have developed, or are developing, the capacity to provide free access over the Internet to such research through institutional repositories or otherwise; and

(4) a substantial portion of the research currently is not freely available over the Internet because the faculty have entered into publication agreements with terms that restrict public access to the fruits of unclassified research conducted by these State employees.

Section 10. Definitions. In this Act, "public institution of higher education" means the University of Illinois; Southern Illinois University; Chicago State University; Eastern Illinois University; Governors State University; Illinois State University; Northeastern Illinois University; Northern Illinois University; Western Illinois University; the public community colleges of this State; or any other public university, college, or community college now or hereafter established or authorized by the General Assembly.

Section 15. Open access to research articles.

(a) No later than 12 months after the effective date of this Act, each public institution of higher education shall develop an open access to research articles policy.

(b) All public institutions of higher education shall develop policies that provide for the following:

(1) the submission, by all faculty employed by the public institution of higher education, to the employing institution (or to an institution designated by the employing institution) of an electronic version of the author's final manuscript of original research papers upon acceptance by a scholarly research journal, including peer-reviewed journals and related publications used by researchers to disseminate the results of their institution-affiliated research;

(2) the incorporation of all changes resulting from any peer review occurring during the publication process;

(3) the replacement of the final manuscript with the final published version if:

(A) the publisher consents to the replacement; and

(B) the goals of the policy for functionality and interoperability are retained;

(4) free online public access to the final peer-reviewed manuscripts or published versions immediately upon publication in a peer-reviewed journal;

(5) an irrevocable, worldwide copyright license granted by the author to the public that permits any use of an article on condition that the author and original publisher are attributed as such and that any such attribution is not made in a way that implies endorsement of the use by the author or original publisher;

(6) production of an online bibliography of all research papers that are publicly accessible under the policy, with each entry linking to the corresponding free, online full text; and

(7) long-term preservation of, and free public access to, published research articles:

(A) in a stable digital repository maintained by the employing institution; or

(B) if consistent with the purposes of the employing agency, in any repository meeting conditions determined favorable by the employing institution, including free public access, interoperability, and long-term preservation.

(c) Each public institution of higher education's open access to research articles policy shall do the following:

(1) apply to:

(A) all full-time faculty employed by the public institution of higher education; and

(B) all researchers employed by the public institution of higher education, but whose work is funded by a federal agency; and

(2) make effective use of any law or guidance relating to the creation and reservation of a government license that provides for the reproduction, publication, release, or other uses of a final manuscript for federal purposes. Works described under clause (B) of subdivision (1) of this subsection (c) shall be made available at the same time the works are made available under subdivision (4) of subsection (b) of this Section.

(d) Each public institution of higher education's open access to research articles policy shall not apply to the following:

(1) research progress reports presented at professional meetings or conferences;

(2) laboratory notes, preliminary data analyses, notes of the author, phone logs, or other information used to produce final manuscripts;

(3) classified research, research resulting in works that generate revenue or royalties for authors (such as books), or patentable discoveries, to the extent necessary to protect a patentable invention; or

(4) authors who do not submit their work to a journal or works that are rejected for publication by journals.

(e) Nothing in this Act shall be construed to affect any right under the provisions of Title 17 or 35 of the United States Code.

(f) The reporting requirements under this Act are as follows:

(1) Not later than October 1 of each year, a designated representative of each public institution of higher education shall submit a report on the public institution of higher education's open access to research articles policy to the following:

(A) the House of Representatives' Higher Education Committee and the Senate's Higher Education Committee; and

(B) any other committee of the General Assembly of appropriate jurisdiction.

(2) Each report under this subsection (f) shall include the following:

(A) a statement of the effectiveness of the open access to research articles policy in providing the public with free online access to papers produced by faculty at the public institution of higher education;

(B) a list of papers published in peer-reviewed journals produced by faculty at the public institution of higher education;

(C) a corresponding list of papers made available by the public institution of higher education as a result of the open access to research articles policy; and

(D) a summary of the periods of time between public availability of each paper in a journal and in the online repository of the public institution of higher education.

(3) The public institution of higher education shall make the statement under subparagraph (A) of paragraph (2) of this subsection (f) and the lists of papers under subparagraphs (B) and (C) of paragraph (2) of this subsection (f) available to the public by posting the statement and lists on the Internet website of the public institution of higher education.