LRB-4248/1
MGG&JK:wlj:km
1999 - 2000 LEGISLATURE
February 1, 2000 - Introduced by
Joint Legislative Council. Referred to
Committee on Conservation and Land Use.
AB680,1,5
1An Act to create 23.099 of the statutes;
relating to: requiring the department
2of natural resources to promulgate rules establishing policies for the
3acceptance of contributions from private sources, prohibiting the department
4of natural resources from selling the naming rights of certain properties under
5its jurisdiction and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the joint legislative council.
For further information see the state and local 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:
Prefatory note: This bill was prepared for the joint legislative council's special
committee on incentives for resource stewardship. The joint legislative council
established the special committee by a June 24, 1998, mail ballot and directed it to study
"means to encourage and promote private efforts to conserve and protect the natural
values of land and water through an appropriate legislative framework and the use of
economic incentives". The bill requires the department of natural resources (DNR) to
promulgate administrative rules adopting policies to be followed by the DNR in accepting
and using donations from private parties.
This bill is explained in more detail in the Section note following the provisions of
the bill.
AB680, s. 1
1Section
1. 23.099 of the statutes is created to read:
AB680,2,3
223.099 Contributions to department from private sources; naming
3rights. (1) D
efinitions. In this section:
AB680,2,54
(a) "Contribution" means anything of value, including money, real or personal
5property, or human effort.
AB680,2,76
(b) "Private source" means any individual or entity that is not a governmental
7unit.
AB680,2,11
8(2) Policy on contributions; rule required. The natural resources board shall
9establish by rule policies and limitations for the acceptance and use, by the
10department, of contributions from private sources. The rule shall include policies for
11all of the following:
AB680,2,1212
(a) Procedures for the acceptance of contributions.
AB680,2,1313
(b) Acceptance of anonymous contributions.
AB680,2,1414
(c) Solicitation of contributions from private sources.
AB680,2,1515
(d) Decisions regarding the use of contributions from private sources.
AB680,2,1716
(e) Conditions imposed by donors on the use of contributions from private
17sources.
AB680,2,1818
(f) Methods for recognizing the provision of contributions from private sources.
AB680,2,2019
(g) Granting exclusive rights or franchises in return for contributions from
20private sources.
AB680,2,2221
(h) Cooperative activities involving the department and any person providing
22contributions from private sources.
AB680,3,2
1(i) Records kept by the department regarding contributions from private
2sources.
AB680,3,4
3(3) Naming rights. The department may not sell the right to name parks, state
4forests, trails, natural areas or wildlife areas under its jurisdiction.
Note: This bill creates s. 23.099, stats., which requires the natural resources board
to establish by rule policies and limitations regarding the acceptance and use of
contributions to the DNR from private sources.
The purpose of this rule-making is to develop policies in the DNR that will
encourage and facilitate partnerships between the DNR and private organizations or
individuals, enhance the ability of DNR to leverage private resources and develop policies
for the public acknowledgement of private contributions to the DNR.
The rules will apply to a contribution of any type that has value, whether the
contribution consists of cash, property or, in the case of individuals, physical effort from
a "private source", which is defined to be mean any individual and any entity that is not
a governmental unit, such as a partnership, corporation or non-governmental
association.
The bill prohibits the DNR from selling the naming rights for state parks, forests,
trails, natural areas or wildlife areas.
The special committee recommends that the DNR promulgate the rules for
contributions from private sources in two stages. The first stage would build on current
rules and recent internal DNR studies related to the acceptance of contributions. This
portion of the rules could be promulgated soon after this bill is enacted into law. The
second stage would relate to the solicitation of contributions by the DNR.
