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| Public Act 098-0295 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(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;
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(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
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(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.
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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.
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(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;
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(5) the potential for collaboration between public | ||
universities regarding the use and maintenance of | ||
repositories;
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(6) the potential use of existing scholarly | ||
repositories;
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(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);
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(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;
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(9) the determination of which version of a research | ||
article should be made publicly accessible; and
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(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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