Wisconsin 2019-2020 Regular Session Status: Enacted Bipartisan · 3 R · 3 D cosponsors

AB 38 — Relating to: University of Wisconsin research contracts. (FE)

Last action — Published 11-22-2019

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 22, 2019. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 12 sponsors

    12 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 R · 3 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

72 added · 12 removed

Plain-language change summary

The amendment to Assembly Bill 38 changes how research contracts involving the University of Wisconsin System are managed, specifically concerning conflicts of interest. Now, any contract must not only be approved by an employee responsible for managing conflicts of interest but also must follow a set policy on management plans that outlines what these plans must contain. This is important because it adds a layer of oversight to ensure that potential conflicts are properly addressed, promoting transparency and accountability in university research contracts.

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- 2020 LEGISLATURE LRBa0651/1 MDK:skw SENATE AMENDMENT 1, TO ASSEMBLY BILL 38 October 17, 2019 - Offered by SenatEYEN .
- 2020 LEGISLATURE LRB-1953/1 MDK:klm ASSEMBLY BILL 38 February 22, 2019 - Introduced by Representatives M URPHY, STUBBS, BALLWEG , K ULP, VRUWINK , SUBECK, SARGENT , C.
At the locations indicated, amend the bill as follows:
TAYLOR, SKOWRONSKI , ZIMMERMAN , R AMTHUN and BORN , cosponsored by SenatorsEYEN, ISSER, OWLES , EWLEY , PETROWSKI , OLSENand D ARLING.
Referred to Committee on Constitution and Ethics.
A N A CT to repeal 36.11 (55), 946.13 (12) (b) 2.
and 946.13 (12) (c);
to renumber and amend 946.13 (12) (a);
to consolidate, renumber and amend 946.13 (12) (b) (intro.) and 1.;
and to create 946.13 (12) (a) 2.
of the statutes;
relating to:
University of Wisconsin research contracts.
Analysis by the Legislative Reference Bureau This bill changes the requirements that apply to research contracts involving the University of Wisconsin System (system) or a two-year or four-year UW school.
Current law generally prohibits a public officer or employee from participating in a contract in which he or she has a private pecuniary interest if the contract involves the officer's or employee's exercise of discretion as an officer or employee.
Current law exempts from that prohibition contracts between the system or a UW school and a “research company,” which is defined as an entity engaged in commercial activity that is related either to research conducted by a system employee or officer or to the product of such research.
The exemption applies if the system employee or officer responsible for evaluating and managing potential conflicts of interest approves the contract.
In addition, if the contract and all other contracts between the parties requires $250,000 or more in payments over a 24-month period, the exemption applies only if the system submits the contract to the Board of Regents of the system and, within 45 days, the Board of Regents does not notify the system that entering into the contract would violate the prohibition.
This bill eliminates the exemption described above and creates a different exemption.
The bill changes the definition of “research company” to include entities - 2020 Legislature - 2 - LRB-1953/1 MDK:klm ASSEMBLY BILL 38 engaged in nonprofit activity in addition to those engaged in commercial activity.
Under the bill, the prohibition does not apply if any interest that a system employee or officer has in a research company has been evaluated and addressed in a management plan.
In addition, the management plan must be issued by the individual or body responsible for evaluating and managing potential conflicts of interest.
The bill's exemption applies to research contracts entered into, or extended, modified, or renewed, on the bill's effective date.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1.
36.11 (55) of the statutes is repealed.
SECTION 2.
946.13 (12) (a) of the statutes is renumbered 946.13 (12) (a) (intro.) and amended to read:
946.13 (12) (a) (intro.) In this subsection, “research:
Page 3, line 2:
“Research company" means an entity engaged in commercial or nonprofit activity that is related to research conducted by an employee or officer of the University of Wisconsin System system or to a product of such research.
after “conflicts of interest" insert “and the management plan complies with the policy adopted under par.
SECTION 3.
(d)".
946.13 (12) (a) 2.
2.
of the statutes is created to read:
Page 3, line 4:
946.13 (12) (a) 2.
after that line insert:
“System” means the University of Wisconsin System.
“SECTION 6m.
SECTION 4.
946.13 (12) (d) of the statutes is created to read:
946.13 (12) (b) (intro.) and 1.
946.13 (12) (d) The board shall adopt a policy specifying the contents required for a management plan under par.
of the statutes are consolidated, renumbered 946.13 (12) (b) and amended to read:
(b).”.
946.13 (12) (b) Subsection (1) does not apply to a contract between a research company and the University of Wisconsin System system or any institution or college campus within the system for purchase of goods or services, including research, if the following apply:
1.
The contract is approved by a University of Wisconsin System interest that a system employee or officer has in the research company has been LRB-1953/1 - 2020 Legislature - 3 - MDK:klm SECTION 4 ASSEMBLY BILL 38 evaluated and addressed in a management plan issued by the individual or body responsible for evaluating and managing potential conflicts of interest.
Show all 47 changed rows (7 more)
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SECTION 5.
946.13 (12) (b) 2.
of the statutes is repealed.
SECTION 6.
946.13 (12) (c) of the statutes is repealed.
SECTION 7.Initial applicability.
(1) This act first applies to contracts entered into, or extended, modified, or renewed, on the effective date of this subsection.
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Action History

  1. Published 11-22-2019

  2. Report approved by the Governor on 11-21-2019. 2019 Wisconsin Act 36

  3. Presented to the Governor on 11-15-2019 by directive of the Speaker

  4. Report correctly enrolled on 11-14-2019

  5. Action ordered immediately messaged

  6. Senate Amendment 1 concurred in

  7. Placed on calendar 11-12-2019 by Committee on Rules

  8. Referred to committee on Rules

  9. Received from Senate amended and concurred in as amended (Senate amendment 1 adopted)

  10. Ordered immediately messaged

  11. Read a third time and concurred in as amended

  12. Rules suspended

  13. Ordered to a third reading

  14. Senate Amendment 1 adopted

  15. Read a second time

  16. Placed on calendar 11-5-2019 pursuant to Senate Rule 18(1)

  17. Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2

  18. Senate Amendment 1 offered by Senator Feyen

  19. Available for scheduling

  20. Report concurrence recommended by Committee on Universities, Technical Colleges, Children and Families, Ayes 6, Noes 1

  21. Executive action taken

  22. Read first time and referred to committee on Universities, Technical Colleges, Children and Families

  23. Received from Assembly

  24. Ordered immediately messaged

  25. Read a third time and passed

  26. Rules suspended

  27. Ordered to a third reading

  28. Read a second time

  29. Placed on calendar 6-18-2019 by Committee on Rules

  30. Referred to committee on Rules

  31. Report passage recommended by Committee on Constitution and Ethics, Ayes 9, Noes 0

  32. Executive action taken

  33. Public hearing held

  34. Fiscal estimate received

  35. Read first time and referred to Committee on Constitution and Ethics

  36. Introduced by Representatives Murphy, Stubbs, Ballweg, Kulp, Vruwink, Subeck, Sargent, C. Taylor, Skowronski, Zimmerman, Ramthun and Born; cosponsored by Senators Feyen, Risser, Cowles, Bewley, Petrowski, Olsen and Darling

Sponsors

Sponsorship breakdown

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12 sponsors · 0 co-sponsors · 120 not signed on

Sponsors (12)

Co-sponsors (0)

None.

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

education technology
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Frequently asked questions

Who sponsors AB 38?
AB 38 is sponsored by Murphy, David (Republican), Ballweg, Kulp, Vruwink, Subeck, Lisa (Democrat), Sargent, Skowronski, Zimmerman, Shannon (Republican), Ramthun, Born, Mark (Republican), Taylor, Sequanna (Democrat), and Stubbs, Shelia (Democrat).
What is the current status of AB 38?
This bill has been enacted into law. Introduced February 22, 2019. Enacted.
Where can I track AB 38?
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