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


Sen. Daniel Biss

Filed: 4/10/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 1900 by replacing
3everything after the enacting clause with the following:
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



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1    available;
2        (2) the public support these employees receive and the
3    increased impact that broad public dissemination of
4    research has is an important public purpose;
5        (3) many public universities have developed, or are
6    developing, the capacity to provide free access over the
7    Internet to such research through institutional
8    repositories or otherwise; and
9        (4) a substantial portion of the research currently is
10    not freely available over the Internet because the faculty
11    have entered into publication agreements with terms that
12    restrict public access to the fruits of unclassified
13    research conducted by these State employees.
14    Section 10. Definitions. In this Act, "public university"
15means the University of Illinois; Southern Illinois
16University; Chicago State University; Eastern Illinois
17University; Governors State University; Illinois State
18University; Northeastern Illinois University; Northern
19Illinois University; Western Illinois University; or any other
20public university or college now or hereafter established or
21authorized by the General Assembly.
22    Section 15. Task forces.
23    (a) By January 1, 2014, each public university shall
24establish an Open Access to Research Task Force. Each task



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



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



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1    employees of State agencies; research supported by State
2    grants, but not conducted by employees of public
3    institutions or State agencies; research materials
4    digitized using State funding; data collected by covered
5    researchers; research conducted by faculty at institutions
6    that receive Monetary Award Program grants under Section 35
7    of the Higher Education Student Assistance Act; research
8    conducted by part-time, adjunct, or other non-permanent
9    faculty; research at least one of whose co-authors is
10    covered by the policy; research progress reports presented
11    at professional meetings or conferences; laboratory notes,
12    preliminary data analyses, notes of the author, phone logs,
13    or other information used to produce final manuscripts; or
14    classified research, research resulting in works that
15    generate revenue or royalties for authors (such as books),
16    or patentable discoveries.
17    (c) Each task force shall conduct open meetings with
18advance notice and shall allow individuals to address the task
19force regarding open access issues.
20    (d) On or before January 1, 2015, each task force shall
21adopt a report setting forth its findings and recommendations.
22These recommendations shall include a detailed description of
23any open access policy the task force recommends that the
24public university or State adopt, as well as, in the case of
25the public university, a plan for implementation. This report
26must be approved by a majority of the appointed task force



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1members. A task force may also issue minority reports. Each
2report 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.".