2013 - 2014 LEGISLATURE
February 4, 2014 - Introduced by Representatives Kuglitsch, Strachota, Kahl,
Knodl, Ripp, August, Craig, Pridemore and Wright, cosponsored by Senators
Farrow and Cowles. Referred to Committee on Colleges and Universities.
1An Act to create
19.36 (14), 36.11 (55m) and 36.45 (4) of the statutes; relating
2to: classified research at University of Wisconsin System institutions and
3exemption from open records requirements.
Analysis by the Legislative Reference Bureau
Under this bill, if certain requirements are satisfied, the Board of Regents of the
University of Wisconsin (UW) System may accept research contracts involving
government security classifications or similar restrictions on participation in the
research or access to, or dissemination of, research results. The requirements that
must be satisfied are as follows. First, the research must further national security
interests. Second, the educational interests of all participating students must be
adequately protected. Third, appropriate facilities, infrastructure, and
administrative resources must be available for the research, either on campus or at
off-campus locations. Fourth, the sponsors of the research must cover all additional
costs associated with the security requirements of the research. Finally, the
conditions for accepting the contracts and conducting the research must be
established pursuant to processes approved by the chancellors of the UW institutions
at which the research is to be conducted. The bill requires the chancellors to consult
with faculty in approving those processes.
The bill also provides that certain information of public higher education
institutions is exempt from inspection or copying under the open records law. The
information subject to the exemption is information, data, or records produced or
collected by or for faculty or staff of such institutions as a result of study or research
on commercial, scientific, or technical subjects. The exemption applies whether or
not the study or research is sponsored by the institution alone or in conjunction with
a governmental body or private concern. The exemption expires when the
information is publicly released, published, or patented.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
19.36 (14) of the statutes is created to read:
19.36 (14) Higher education intellectual property records.
An authority 3
may withhold access to information, data, or records produced or collected by or for 4
faculty or staff of public institutions of higher education in the conduct of or as a 5
result of study or research on commercial, scientific, or technical subjects, whether 6
sponsored by the institution alone or in conjunction with a governmental body or 7
private concern, until such information, data, or records have been publicly released, 8
published, or patented.
36.11 (55m) of the statutes is created to read:
36.11 (55m) Classified research.
The board may accept research contracts 11
involving government security classifications or other similar restrictions on 12
participation in research or access to or dissemination of research results, if all of the 13
following are satisfied:
(a) The research furthers national security interests.
(b) The educational interests of all participating students are adequately 16
(c) Appropriate facilities, infrastructure, and administrative resources are 18
available for the research, either on campus or at off-campus locations.
(d) The sponsors of the research cover all additional costs associated with the 20
security requirements of the research.
(e) The conditions for accepting the contracts and conducting the research are 2
established pursuant to a process approved by the chancellor, in consultation with 3
the faculty, of the institution at which the research is to be conducted.
36.45 (4) of the statutes is created to read:
The board shall report annually by September 1 to the joint committee 6
on finance the number of research contracts considered under processes established 7
under s. 36.11 (55m) (e) and the outcome of those contracts.