LRB-1406/3
GMM:cjs:rs
2003 - 2004 LEGISLATURE
May 13, 2003 - Introduced by Representatives Kestell, Huber, Hines, Gielow,
Gronemus, Jeskewitz, Hahn, M. Williams, Towns, Berceau, Ott, Balow,
Olsen, Ziegelbauer, Rhoades, Loeffelholz, Ladwig, Albers, Gunderson,
Shilling, Owens, LeMahieu, J. Lehman, Boyle, Freese, Miller, Plouff, Bies,
Van Roy, McCormick, Vrakas, Hundertmark, Weber, Grothman
and Gard,
cosponsored by Senators Leibham, Risser, Schultz, Kedzie, M. Meyer,
Kanavas, Decker, A. Lasee, Roessler
and Plale. Referred to Committee on
Tourism.
AB328,1,7 1An Act to renumber and amend 20.245 (1) (g); to amend 20.245 (1) (h), 44.015
2(7), 44.20 (5) and 230.12 (1) (a) 1. b.; and to create 13.48 (25x), 20.866 (2) (zfm),
320.923 (6) (bj), 25.17 (1) (gr), 25.74, 44.20 (3), 44.20 (4), 44.20 (4m) and 230.08
4(2) (cd) of the statutes; relating to: the historic sites operated by the State
5Historical Society of Wisconsin, the purposes of which the State Historical
6Society of Wisconsin may contract with the Wisconsin Historical Foundation,
7Inc., or any other nonprofit corporation, and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, the State Historical Society of Wisconsin (Historical
Society) operates certain historic sites known as Stonefield Village, Pendarvis, Villa
Louis, Old Wade House, Madeline Island, Old World Wisconsin, H.H. Bennett
Studios, and the First Capitol (historic sites). This bill makes the following changes
with respect to the operation of those historic sites:
1. The bill requires the Department of Employment Relations to study the
practices of the Historical Society relating to the hiring, classification, and
compensation of the employees, both permanent and limited-term, who staff the
historic sites and to recommend changes in those practices to reflect the seasonal
nature of the work at the historic sites. The bill specifies that those changes may
include the establishment of a separate classification and pay schedule for seasonal
employees employed at the historic sites.

2. The bill establishes a separate nonlapsible trust fund designated as the
history preservation partnership trust fund consisting of all moneys received from
admission, sales, and other receipts of the Historical Society, which may be expended
only for the general program operations of the Historical Society.
3. The bill permits the Historical Society to organize and maintain, for each
historic site, a nonstock, nonprofit corporation for the purposes of soliciting
contributions, gifts, grants, and bequests for the historic site for which the
corporation is organized and maintained, providing goods or services relating to that
historic site, and providing support for the operation, management, and
development of that historic site. The bill requires the Historical Society to organize
such a corporation so that contributions to the corporation will be deductible from
gross income under the Internal Revenue Code and so that the corporation will be
exempt from taxation under that code.
The bill also permits the Historical Society to enter into a contract with a
corporation organized for those purposes setting forth the methods by which the
Historical Society and the corporation will cooperate to accomplish those purposes.
Such a contract shall provide that any contributions, gifts, grants, and bequests
accepted by the corporation, and any moneys received by the corporation for any
goods or services provided by the corporation, that are not retained by the
corporation shall be deposited in the history preservation partnership fund, and that
any contribution, gift, grant, bequest or other moneys so deposited shall be used
exclusively, in accordance with the wishes of the donor, for the operation,
management, and development of the historic site for which the corporation was
organized.
In addition, the bill permits the Historical Society to sell memberships in a
corporation organized for those purposes and requires the Historical Society to
transfer all moneys received from the sale of those memberships to the corporation
for which the membership was sold.
4. The bill permits the Historical Society and the Department of Tourism to
enter into a memorandum of understanding setting forth the responsibilities of that
department relating to promoting and marketing the historic sites and the methods
that the Historical Society and that department will use to cooperate in promoting
and marketing the historic sites.
5. The bill permits the Department of Administration to conduct, in cooperation
with the Historical Society, a survey of the condition of the facilities and
infrastructure of the historic sites and of the Circus World Museum, which is a
museum owned by the Historical Society but operated under a lease agreement with
the Circus World Museum Foundation, Inc., and to prepare, in cooperation with the
Historical Society, a needs assessment for those facilities and that infrastructure
that includes a master plan for each of the historic sites and the Circus World
Museum designed to achieve a healthy and sustainable historic site system.
6. The bill creates a program, to be known as the "History Preservation
Partnership Initiative," for the purpose of providing financial support to attract
private and federal funds to acquire, construct, develop, enlarge, and improve
facilities for collections care, public programs, and visitor services at the historic

sites, at the Circus World Museum, and at the headquarters of the Historical Society.
The bill also creates an appropriation to the Building Commission to finance projects
under that initiative, but does not authorize the state to contract any public debt for
that purpose.
7. The bill requires the director of the Historical Society to include in the
biennial report that the director is required to submit to the governor and the
legislature information regarding revenues and expenditures for each historic site
and the condition of the historic sites. Current law requires the director to submit
an annual report of that information to the Joint Committee on Finance.
8. The bill permits the Historical Society, subject to authorization by the
legislature or the Joint Committee on Finance, to employ outside the classified
service sales and development professionals to engage in activities intended to
generate admission, sales, and other receipts for the historic sites and to solicit
contributions, gifts, grants, and bequests in support of the historic sites. The bill also
permits the Historical Society to provide a compensation plan for those professionals
under which those professionals are compensated, in whole or in part, through
commissions and bonuses.
Finally, current law permits the Historical Society to contract with the
Wisconsin History Foundation, Inc., for the purpose of administering the historical
society's membership program. This bill permits the Historical Society to contract
with the Wisconsin Historical Foundation, Inc., or any other nonprofit corporation
for the purposes of administering the Historical Society's membership program,
soliciting and accepting contributions, gifts, grants, and bequests for the Historical
Society, marketing the historical society's goods and services, providing support for
the operation, management, and development of the Historical Society's programs,
and performing other functions approved by the board of curators of the Historical
Society.
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:
AB328, s. 1 1Section 1. 13.48 (25x) of the statutes is created to read:
AB328,4,62 13.48 (25x) History preservation partnership initiative. There is created a
3program, to be known as the "History Preservation Partnership Initiative," for the
4purpose of providing financial support to attract private and federal funds to acquire,
5construct, develop, enlarge, and improve facilities for collections care, public
6programs, and visitor services at the historic sites owned by the historical society and

1at the headquarters of the historical society. Projects financed under the program
2shall be designed to provide facilities for collections care, public programs, and
3visitor services at those historic sites and at that headquarters, ancillary systems,
4and supporting infrastructure. Projects shall be financed from the appropriation
5under s. 20.866 (2) (zfm) or as otherwise provided in the authorized state building
6program.
AB328, s. 2 7Section 2. 20.245 (1) (g) of the statutes is renumbered 20.245 (1) (r) and
8amended to read:
AB328,4,179 20.245 (1) (r) Admissions, sales, and other receipts History preservation
10partnership trust fund
. All As a continuing appropriation, from the history
11preservation partnership trust fund, all
moneys received from admissions, sales, and
12other receipts of the historical society and the amount transferred under 2001 2003
13Wisconsin Act 16
.... (this act), section 9125 (1mk) 16 (1 ), for general program
14operations, and all contributions, gifts, grants, bequests and other moneys received
15by a corporation under s. 44.20 (3) (b) that are not retained by the corporation, for
16the operation, management, and development of the historic site for which the
17corporation was organized
.
AB328, s. 3 18Section 3. 20.245 (1) (h) of the statutes is amended to read:
AB328,4,2319 20.245 (1) (h) Gifts and , grants, and membership sales. All moneys received
20from contributions, gifts, grants, and bequests, to carry out the purposes for which
21made or received, and all moneys received from the sale of memberships in a
22corporation specified in s. 44.20 (3) (b), for transfer to the corporation for which the
23membership was sold
.
AB328, s. 4 24Section 4. 20.866 (2) (zfm) of the statutes is created to read:
AB328,5,6
120.866 (2) (zfm) Historical society; historic sites collections, programs, and
2visitor services.
From the capital improvement fund, a sum sufficient for the
3historical society to acquire, construct, develop, enlarge, or improve facilities for
4collections care, public programs, and visitor services at the historic sites owned by
5the historical society and at the headquarters of the historical society. The state may
6contract public debt in an amount not to exceed $0 for this purpose.
AB328, s. 5 7Section 5. 20.923 (6) (bj) of the statutes is created to read:
AB328,5,98 20.923 (6) (bj) Historical society: unclassified sales and development
9professionals employed under s. 44.20 (4) (a).
AB328, s. 6 10Section 6. 25.17 (1) (gr) of the statutes is created to read:
AB328,5,1111 25.17 (1) (gr) History preservation partnership trust fund (s. 25.74);
AB328, s. 7 12Section 7. 25.74 of the statutes is created to read:
AB328,5,21 1325.74 History preservation partnership trust fund. There is established
14a separate nonlapsible trust fund designated as the history preservation partnership
15trust fund consisting of all moneys received from admissions, sales, and other
16receipts of the historical society, all contributions, gifts, grants, and bequests
17accepted by a corporation under s. 44.20 (3) (b) that are not retained by the
18corporation, all moneys received by a corporation under s. 44.20 (3) (b) for goods or
19services provided by the corporation that are not retained by the corporation, and all
20moneys transferred under 2003 Wisconsin Act .... (this act), section 16 (1 ). Moneys
21in the fund may be expended only as provided in s. 20.245 (1) (r).
AB328, s. 8 22Section 8. 44.015 (7) of the statutes is amended to read:
AB328,6,423 44.015 (7) Contract with the Wisconsin History Historical Foundation, Inc., or
24any other nonstock, nonprofit corporation under ch. 181
for the purpose purposes of
25administering the historical society's membership program, soliciting and accepting

1contributions, gifts, grants, and bequests for the historical society, marketing the
2historical society's goods and services, providing support for the operation,
3management, and development of the historical society's programs, and performing
4other functions approved by the board of curators
.
AB328, s. 9 5Section 9. 44.20 (3) of the statutes is created to read:
AB328,6,166 44.20 (3) (a) For each historic site under sub. (1), the historical society may
7organize and maintain a nonstock, nonprofit corporation under ch. 181 for the
8purposes of soliciting and accepting contributions, gifts, grants, and bequests for the
9historic site for which the corporation is organized and maintained, providing goods
10or services relating to that historic site, and providing support for the operation,
11management, and development of that historic site. Any corporation organized
12under this paragraph shall be organized so that contributions to the corporation will
13be deductible from gross income under section 170 of the Internal Revenue Code, as
14defined in s. 71.01 (6), and so that the corporation will be exempt from taxation under
15section 501 of the Internal Revenue code, as defined in s. 71.22 (4), and s. 71.26 (1)
16(a).
AB328,7,817 (b) The historical society may enter into a contract with a corporation organized
18for the purposes of soliciting and accepting contributions, gifts, grants, and bequests
19for a historic site under sub. (1), providing goods or services relating to that historic
20site, and providing support for the operation, management, and development of that
21historic site setting forth the methods by which the historical society and the
22corporation will cooperate to accomplish those purposes. The contract shall provide
23that any contribution, gift, grant, or bequest accepted by the corporation that is not
24retained by the corporation shall be deposited in the history preservation
25partnership trust fund, credited to the appropriation account under s. 20.245 (1) (r),

1and, in accordance with the wishes of the donor, used exclusively for the operation,
2management, and development of the historic site for which the corporation was
3organized and that any moneys received by the corporation for any goods or services
4provided by the corporation that are not retained by the corporation shall be
5deposited in the history preservation partnership trust fund, credited to the
6appropriation account under s. 20.245 (1) (r), and used exclusively for the operation,
7management, and development of the historic site for which the corporation was
8organized.
AB328,7,129 (c) The historical society may sell memberships in a corporation specified in
10par. (b). All moneys received from the sale of those memberships shall be deposited
11in the general fund, credited to the appropriation account under s. 20.245 (1) (h), and
12transferred to the corporation for which the membership was sold.
AB328, s. 10 13Section 10. 44.20 (4) of the statutes is created to read:
AB328,7,2014 44.20 (4) (a) Subject to authorization under s. 16.505, the historical society may
15employ outside the classified service sales and development professionals to engage
16in activities intended to generate admissions, sales, and other receipts for the
17historic sites under sub. (1) and to solicit contributions, gifts, grants, and bequests
18in support of those historic sites. The historical society may provide a compensation
19plan for those professionals under which those professionals are compensated, in
20whole or in part, through commissions and bonuses.
AB328,8,1021 (b) Notwithstanding s. 230.08 (2) (cd), if a position in the classified service at
22the historical society is transferred outside the classified service under par. (a) and
23if the employee holding that position has achieved permanent status in class before
24the date of that transfer, that employee shall retain, while serving in the unclassified
25service at the historical society, those protections afforded employees in the classified

1service under ss. 230.34 (1) (a) and 230.44 (1) (c) relating to demotion, suspension,
2discharge, layoff, or reduction in base pay. Such an employee shall also be eligible
3for transfer under s. 230.29 and shall have reinstatement privileges to the classified
4service under s. 230.33 (1m). If a position in the classified service at the historical
5society is transferred outside the classified service under par. (a) and if the employee
6holding that position has not achieved permanent status in class on the date of that
7transfer, that employee is eligible to receive the protections, privileges, and rights
8preserved under this paragraph if the employee successfully completes service
9equivalent to the probationary period required in the classified service for the
10position that the employee holds on that date.
AB328, s. 11 11Section 11. 44.20 (4m) of the statutes is created to read:
AB328,8,1612 44.20 (4m) The historical society and the department of tourism may enter into
13a memorandum of understanding setting forth the responsibilities of the department
14of tourism relating to promoting and marketing the historic sites under sub. (1) and
15the methods that the historical society and the department of tourism will use to
16cooperate in promoting and marketing those historic sites.
AB328, s. 12 17Section 12. 44.20 (5) of the statutes is amended to read:
AB328,8,2218 44.20 (5) Annually by December 1, the The director of the historical society
19shall submit a report to the joint committee on finance regarding program include
20in the biennial report under s. 15.04 (1) (d) information regarding
revenues and
21expenditures for each historic site under sub. (1) and on the condition of the historic
22sites.
AB328, s. 13 23Section 13. 230.08 (2) (cd) of the statutes is created to read:
AB328,8,2524 230.08 (2) (cd) All sales and development professionals of the historical society
25employed under s. 44.20 (4) (a).
AB328, s. 14
1Section 14. 230.12 (1) (a) 1. b. of the statutes is amended to read:
AB328,9,102 230.12 (1) (a) 1. b. The provisions governing the pay of all unclassified positions
3except positions for employees of the University of Wisconsin System, for employees
4of the legislature which who are not identified under s. 20.923 (4), for employees of
5a service agency under subch. IV of ch. 13, for employees of the state court system,
6for employees of the investment board identified under s. 230.08 (2) (p), for one
7stenographer employed by each elective executive officer under s. 230.08 (2) (g), and
8for 3 sales representatives of prison industries and one sales manager of prison
9industries identified under s. 303.01 (10), and for sales and development professional
10of the historical society employed under s. 44.20 (4) (a)
.
AB328, s. 15 11Section 15. Nonstatutory provisions.
AB328,9,2312 (1) Historic sites needs assessment. The department of administration may
13enter into a contract with the historical society under which the department of
14administration agrees to conduct, in cooperation with the historical society, a survey
15of the condition of the facilities and infrastructure of the historic sites owned by the
16historical society and to prepare, in cooperation with the historical society, a needs
17assessment for the facilities and infrastructure of those sites that includes a master
18plan for each of those sites designed to achieve a healthy and sustainable historic site
19system. If the department of administration conducts the survey and needs
20assessment, it shall submit a report of that survey and needs assessment to the
21governor, the director of the historical society, and the joint committee on finance,
22and to the appropriate standing committees of the legislature in the manner
23provided under section 13.172 (3) of the statutes, by January 1, 2005.
AB328,9,2524 (2) Historic site workforce study. The department of employment relations
25shall study the practices of the historical society relating to the hiring, classification,

1and compensation of the employees, both permanent and limited-term, who staff the
2historic sites operated by the historical society and shall recommend changes in
3those practices to reflect the seasonal nature of the work at those historic sites. Those
4changes may include the establishment of a separate classification and pay schedule
5for seasonal employees employed at the historic sites. The department of
6employment relations shall submit a report of its study and recommendations to the
7governor, the secretary of administration, the director of the historical society, and
8the joint committee on finance, and to the appropriate standing committees of the
9legislature in the manner provided under section 13.172 (3) of the statutes, by July
101, 2004.
AB328, s. 16 11Section 16 . Appropriation changes.
AB328,10,1412 (1) The unencumbered balance in the appropriation account under section
1320.245 (1) (g), 2001 stats., immediately before the effective date of this subsection is
14transferred to the history preservation partnership trust fund.
AB328,10,1515 (End)
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