Walker proposal could shield UW research from view

MADISON, Wis. (AP) - An advocate of open information sounded an alarm Thursday over a provision in Gov. Scott Walker's budget proposal that could shield university research from public view.

It's the third attempt in recent years at blocking public access to research before publication. Previous efforts have failed at the Capitol.

"This is a bad idea on the rebound," said Bill Lueders, president of the Wisconsin Freedom of Information Council. "The public is paying for this research and it has a right to know about it."

Current law allows state universities, like any state or local public authority, to deny access to records if they can make the case that the harm from release outweighs the presumption that the public is entitled to access. Walker's proposal would allow those involved in university research on a commercial, scientific or technical subject to withhold information about their projects until they are published or patented.

Lueders said researchers might be more likely to break rules if they were allowed to operate privately.

"If there are not abuses occurring in university research in Wisconsin now, there will be if this is allowed to pass," Lueders said. "People who operate under secrecy are more prone to bend the rules."

Marsha Mailick, a spokeswoman for the University of Wisconsin-Madison, said Thursday that more than 20 states currently protect some public university research from public access. She said the exemption would allow the university to operate on "a more level playing field" with those states. Mailick said the provision could also benefit Wisconsin researchers as they compete for funding.

"We're not trying to hide anything with this provision," Mailick said. "It gives us time to have our ideas pursued."

Walker's spokeswoman did not immediately respond to requests for comment Thursday.

Representatives at UW-Madison first asked the state's Joint Finance Committee in 2013 to add language to the state budget that would keep university research out of view. They said the university spends significant time and effort responding to requests. Mailick said the university has two full-time employees to field requests. The committee denied the University's request for exemption at that time.

Lawmakers again took up the issue in 2014. Rep. Mike Kuglitsch, R-New Berlin, introduced a bill that would have provided a blanket exemption for university research. Rep. Steve Nass, R-Whitewater, objected to the exemption and killed the bill.

Nass said in a statement Thursday that he still opposed an exemption because the university could not provide appropriate justification for it.

Lueders said he finds the past reaction encouraging about how lawmakers might respond to Walker's new suggested provision.

Walker's budget proposal is not final. Lawmakers will work on it and will submit a final version this summer.

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