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Public Act 098-0295 Public Act 0295 98TH GENERAL ASSEMBLY |
Public Act 098-0295 | SB1900 Enrolled | LRB098 09377 RPM 39518 b |
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| 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 universities should be made | as widely available as possible, wide availability | referring both to the depth of availability of a given | research article (including immediate availability where | practicable, long-term preservation and free public | access, and broad accessibility for reuse and further | research) and the breadth of research articles made | available; | (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 universities 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 university" | 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, or any other | public university or college now or hereafter established or | authorized by the General Assembly. | Section 15. Task forces. | (a) By January 1, 2014, each public university shall | establish an Open Access to Research Task Force. Each task | force shall be appointed by the chairperson of the board of | trustees for the public university, with the advice and consent | of that board. Each task force shall be comprised of voting | members and non-voting members. The voting members shall | include, without limitation, members representing the | university's library, members representing faculty, including, | where applicable, a labor organization that represents faculty |
| at the public university, and members representing university | administration. The non-voting members shall include, without | limitation, a member representing publishers who publish | scholarly journals. In the instance of public universities that | have multiple campuses, each campus shall have representation | on the task force. The task force shall review current | practices and design a proposed policy regarding open access to | research articles, based on criteria that are specific to each | public university's needs.
| (b) Each task force shall (i) consider how the public | university can best further the open access goals laid out in | this Act, whether by creation of an open access policy for the | public university, creation of an open access policy for the | State, or some other mechanism; (ii) review how peer | institutions and the federal government are addressing issues | related to open access and ensure that any institutional or | statewide policies are consistent with steps taken by federal | grant-making agencies; and (iii) consider academic, legal, | ethical, and fiscal ramifications of and questions regarding an | open access policy, including but not limited to the following: | (1) the question of how to preserve the academic | freedom of scholars to publish as they wish while still | providing public access to research; | (2) the design of a copyright policy that meets the | needs of the public as well as of authors and publishers; | (3) the design of reporting, oversight, and |
| enforcement mechanisms; | (4) the cost of maintaining and, where applicable, | creating institutional repositories;
| (5) the potential for collaboration between public | universities regarding the use and maintenance of | repositories;
| (6) the potential use of existing scholarly | repositories;
| (7) the fiscal feasibility and benefits and drawbacks | to researchers of institutional support for Gold open | access fees (where publication costs are covered by author | fees rather than by subscription or advertising fees);
| (8) the differences between academic and publishing | practices in different fields and the manner in which these | differences should be reflected in an open access policy;
| (9) the determination of which version of a research | article should be made publicly accessible; and
| (10) the determination of which researchers and which | research ought to be covered by an open access policy, | including, but not limited to, the question of whether a | policy should cover theses and dissertations written by | students at public institutions; research conducted by | employees of State agencies; research supported by State | grants, but not conducted by employees of public | institutions or State agencies; research materials | digitized using State funding; data collected by covered |
| researchers; research conducted by faculty at institutions | that receive Monetary Award Program grants under Section 35 | of the Higher Education Student Assistance Act; research | conducted by part-time, adjunct, or other non-permanent | faculty; research at least one of whose co-authors is | covered by the policy; research progress reports presented | at
professional meetings or conferences; laboratory notes, | preliminary data analyses, notes
of the author, phone logs, | or other information used to produce final manuscripts;
or | classified research, research resulting in works
that | generate revenue or royalties for authors (such as
books), | or patentable discoveries. | (c) Each task force shall conduct open meetings with | advance notice and shall allow individuals to address the task | force regarding open access issues.
Notwithstanding any | provisions of the Open Meetings Act and subject to feasibility, | members of the task force and interested parties may | participate by phone or video conference. | (d) On or before January 1, 2015, each task force shall | adopt a report setting forth its findings and recommendations. | These recommendations shall include a detailed description of | any open access policy the task force recommends that the | public university or State adopt, as well as, in the case of | the public university, a plan for implementation.
This report | must be approved by a majority of the appointed task force | voting members. A task force shall also issue minority reports |
| at the request of any member, including a non-voting member. | Each report shall be submitted to the board of trustees of the | respective public university, the Board of Higher Education, | both chambers of the General Assembly, and the Governor.
The | Board of Higher Education shall publish, on its Internet | website, a list of all public universities subject to this Act. | The list shall indicate which public universities have | submitted the report required pursuant to this subsection (d). | Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 8/9/2013
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