SB55-ASA1,1022,9 9(1) Incur debt, except as restricted under s. 237.05 (1).
SB55-ASA1,1022,10 10(2) Sue and be sued.
SB55-ASA1,1022,11 11(3) Hire employees, define their duties, and fix their rate of compensation.
SB55-ASA1,1022,13 12(4) Have a seal and alter the seal at pleasure; have perpetual existence; and
13maintain an office.
SB55-ASA1,1022,17 14(5) Appoint any technical or professional advisory committee that the
15authority finds necessary to assist the authority in exercising its duties and powers.
16The authority shall define the duties of the committee, and provide reimbursement
17for the expenses of the committee.
SB55-ASA1,1022,19 18(6) Enter into contracts with 3rd parties as are necessary for the rehabilitation,
19repair, replacement, operation, or maintenance of the navigational system.
SB55-ASA1,1022,22 20(7) Acquire, lease, subject to s. 237.05 (2), and dispose of property as is
21necessary for the rehabilitation, repair, replacement, operation, or maintenance of
22the navigational system.
SB55-ASA1,1022,24 23(8) Accept gifts and other funding for the rehabilitation, repair, replacement,
24operation, or maintenance of the navigational system.
SB55-ASA1,1023,2
1(9) Charge user fees for services the authority provides to the operators of
2watercraft using the navigational system.
SB55-ASA1,1023,4 3(10) Charge fees for use of facilities of the navigational system as provided in
4s. 16.845.
SB55-ASA1,1023,5 5237.05 Restrictions on authority. (1) The authority may not issue bonds.
SB55-ASA1,1023,7 6(2) The authority may not sublease all, or any part of, the navigational system
7without the approval of the department of administration.
SB55-ASA1,1023,12 8237.06 Lease. Upon transfer of the ownership of the navigational system by
9the federal government to the state, the department of administration on behalf of
10the state and the authority shall enter into a lease agreement under which the state
11shall lease the navigational system to the authority for nominal consideration. The
12secretary of administration shall determine the amount of the rental payments.
SB55-ASA1,1023,14 13237.07 Management plan; financial statements. (1) (a) The authority
14shall submit to the department of administration a plan that does all the following:
SB55-ASA1,1023,1615 1. Addresses the costs of and funding for the rehabilitation, repair,
16replacement, operation, and maintenance of the navigational system.
SB55-ASA1,1023,1917 2. Describes how the authority will manage its funds to ensure that sufficient
18funding is available to abandon the navigational system if the operation of the
19navigational system is no longer feasible.
SB55-ASA1,1023,2220 (b) The authority shall submit the plan under par. (a) within 180 days after the
21date on which the state and the authority enter into the lease agreement specified
22in s. 237.06.
SB55-ASA1,1023,24 23(2) The authority shall update and resubmit the plan under sub. (1) upon the
24request of the department of administration.
SB55-ASA1,1024,5
1(3) (a) For each fiscal year, the authority shall submit to the department of
2administration an audited financial statement of the funding received by the
3authority from the department of natural resources under s. 237.08 (2) and by the
4authority from contributions and other funding accepted by the authority under s.
5237.08 (3).
SB55-ASA1,1024,76 (b) The financial statement under par. (a) shall include notes that explain in
7detail the specific sources of funding contained in the financial statement.
SB55-ASA1,1024,11 8(4) For each fiscal year in which moneys are to be released to the authority by
9the department of natural resources under s. 237.08, each corporation specified in
10s. 237.09 shall submit to the authority an audited financial statement of the amount
11raised by the corporation under s. 237.09 (2) (b) for that fiscal year.
SB55-ASA1,1024,15 12237.08 Sources of funding. (1) Federal funding. The authority shall accept
13federal funding for the rehabilitation, repair, replacement, operation, and
14maintenance of the navigational system and shall agree with any conditions
15attached to the funding.
SB55-ASA1,1024,25 16(2) State funding. From the appropriation under s. 20.370 (5) (cq) and before
17applying the percentages under s. 30.92 (4) (b) 6., the department of natural
18resources shall set aside for the rehabilitation and repair of the navigational system
19$400,000 in each fiscal year to be matched by the moneys raised under s. 237.09 (2)
20(b). The funding shall be set aside beginning with the first fiscal year beginning after
21the submittal of the initial management plan submitted under s. 237.07 (1) and shall
22continue to be set aside in each of the next 6 consecutive fiscal years. From the
23funding that is set aside, the department shall release to the authority for each fiscal
24year an amount equal to the total amount raised by each corporation under s. 237.09
25(2) (b) for which matching funding has not been previously released.
SB55-ASA1,1025,4
1(3) Other funding. The authority shall encourage and may accept
2contributions and funding for the rehabilitation, repair, replacement, operation, or
3maintenance of the navigational system. The authority shall also accept funding
4raised by each corporation under s. 237.09 (2).
SB55-ASA1,1025,9 5237.09 Requirements for nonprofit corporations. (1) Each corporation
6contracted with under s. 237.03 (1) (e) shall be a nonprofit corporation as described
7in section 501 (c) (3) of the Internal Revenue Code that is exempt from federal income
8tax under section 501 (a) of the Internal Revenue Code and shall be based in one or
9more of the counties in which the navigational system is located.
SB55-ASA1,1025,11 10(2) Each corporation contracted with under s. 237.03 (1) (e) shall do all of the
11following:
SB55-ASA1,1025,1212 (a) Provide marketing and fund-raising services for the authority.
SB55-ASA1,1025,1413 (b) Make every reasonable effort to raise $2,750,000 of local or private funding
14for the rehabilitation and repair of the navigational system.
SB55-ASA1,1025,1815 (c) Accept for investment moneys received by the authority for rehabilitation
16and repair under s. 237.08 and invest the moneys at a rate of return that the
17authority finds adequate to enable the authority to exercise its duties and powers in
18rehabilitating and repairing the navigational system.
SB55-ASA1,1025,20 19(3) If the authority contracts with more than one corporation under s. 237.03
20(1) (e), all of the corporations shall make the effort to raise the total of $2,750,000.
SB55-ASA1,1025,24 21237.10 Rapide Croche lock. (1) Upon entering into the lease under s.
22237.06, the authority shall maintain the sea lamprey barrier at the Rapide Croche
23lock according to specifications of the department of natural resources in order to
24prevent sea lampreys and other aquatic nuisance from moving upstream.
SB55-ASA1,1026,5
1(2) If the authority decides to construct a means to transport watercraft around
2the Rapide Croche lock, the authority shall develop a plan for the construction that
3includes steps to be taken to control sea lampreys and other aquatic nuisance species.
4The authority shall submit the plan to the department of natural resources and may
5not implement the plan unless it has been approved by the department.
SB55-ASA1,1026,15 6237.11 Political activities. (1) No employee of the authority may directly
7or indirectly solicit or receive subscriptions or contributions for any partisan political
8party or any political purpose while engaged in his or her official duties as an
9employee. No employee of the authority may engage in any form of political activity
10calculated to favor or improve the chances of any political party or any person seeking
11or attempting to hold partisan political office while engaged in his or her official
12duties as an employee or engage in any political activity while not engaged in his or
13her official duties as an employee to such an extent that the person's efficiency during
14working hours will be impaired or that he or she will be tardy or absent from work.
15Any violation of this section is adequate grounds for dismissal.
SB55-ASA1,1026,19 16(2) If an employee of the authority declares an intention to run for partisan
17political office the employee shall be placed on a leave of absence for the duration of
18the election campaign and if elected shall no longer be employed by the authority on
19assuming the duties and responsibilities of such office.
SB55-ASA1,1026,21 20(3) An employee of the authority may be granted by the chief executive officer
21a leave of absence to participate in partisan political campaigning.
SB55-ASA1,1026,24 22(4) Persons on leave of absence under sub. (2) or (3) shall not be subject to the
23restrictions of sub. (1), except as they apply to the solicitation of assistance,
24subscription, or support from any other employee in the authority.
SB55-ASA1,1027,4
1237.12 Liability limited. (1) Neither the state nor any political subdivision
2of the state nor any officer, employee, or agent of the state or a political subdivision
3who is acting within the scope of employment or agency is liable for any debt,
4obligation, act, or omission of the authority.
SB55-ASA1,1027,6 5(2) All of the expenses incurred by the authority in exercising its duties and
6powers under this chapter shall be payable only from funds of the authority.
SB55-ASA1,1027,8 7237.13 Exemption. (1) In this section, "lock structure" includes a spillway
8of a lock and excludes the canal body of a lock.
SB55-ASA1,1027,11 9(2) Any activity or work that is performed on a lock structure that is part of the
10navigational system is exempt from any permit or other approval required under ch.
1130 or 31.
SB55-ASA1,1027,19 12237.14 Abandonment. If the authority determines the operation of the
13navigational system is no longer feasible, the authority shall submit a plan to the
14department of administration and to the department of natural resources describing
15the steps the authority will take in abandoning the navigational system. The
16navigational system may not be abandoned unless both the department of
17administration and the department of natural resources determine that the plan for
18abandonment will preserve the public rights in the Fox River, will ensure safety, and
19will protect life, health, and property.
SB55-ASA1,1027,24 20237.15 Transitional provisions. (1) Funding. The department of
21administration shall transfer the unencumbered balances in the appropriation
22accounts under s. 20.370 (9) (jL) and (ju) to the authority on the day after the date
23on which the state and the authority enter into the lease agreement specified in s.
24237.06.
SB55-ASA1,1028,3
1(2) Transfers. (a) The chairperson of the Fox River management commission
2and the chairperson of the board of directors of the authority, acting jointly, shall
3identify all of the following that will transfer from the commission to the authority:
SB55-ASA1,1028,44 1. Any assets and liabilities of the commission.
SB55-ASA1,1028,55 2. Any tangible personal property, including records, of the commission.
SB55-ASA1,1028,86 3. Any contracts entered into by the commission, and any policies and
7procedures of the commission that will be in effect on the day after the date on which
8the state and the authority enter into the lease agreement specified in s. 237.06.
SB55-ASA1,1028,129 (b) On the day after the date on which the state and the authority enter into
10the lease agreement specified in s. 237.06, all of the assets, liabilities, and personal
11property identified for transfer under par. (a) 1. and 2. shall become the assets,
12liabilities, and personal property of the authority.
SB55-ASA1,1028,1713 (c) On the day after the date on which the state and the authority enter into
14the lease agreement specified in s. 237.06, all the contracts identified under par. (a)
153. shall remain in effect and the authority shall, beginning on that day, carry out any
16such contractual obligations until modified or rescinded to the extent allowed under
17the contract.
SB55-ASA1,1028,2118 (d) On the day after the date on which the state and the authority enter into
19the lease agreement specified in s. 237.06, all policies and procedures identified in
20par. (a) 3. shall become policies and procedures of the authority and shall remain in
21effect until their expiration date or until modified or rescinded by the authority.
SB55-ASA1,1028,2422 (e) In case of disagreement with respect to any matter specified in pars. (a) to
23(d), the secretary of administration shall determine the matter and shall develop a
24plan for an orderly transfer of the item subject to the disagreement.
SB55-ASA1, s. 3128m 25Section 3128m. Chapter 247 of the statutes is created to read:
SB55-ASA1,1029,3
1chapter 247
2 Wisconsin Artistic
3 Endowment Foundation
SB55-ASA1,1029,5 4247.02 Definition. In this chapter, "foundation" means the Wisconsin Artistic
5Endowment Foundation.
SB55-ASA1,1029,10 6247.03 Creation and organization. (1) There is created a public body
7corporate and politic, to be known as the "Wisconsin Artistic Endowment
8Foundation." The foundation shall be a nonprofit corporation organized under ch.
9181 so that contributions to it are deductible from adjusted gross income under
10section 170 of the Internal Revenue Code.
SB55-ASA1,1029,12 11(2) The board of directors of the foundation shall consist of the following
12persons:
SB55-ASA1,1029,1813 (a) Eight nominees of the governor, who are residents of this state, represent
14the diverse artistic interests of the people of this state, and represent each of the
15geographic regions of the state, appointed for 7-year terms with the advice and
16consent of the senate. At least one of the nominees shall be knowledgeable in
17marketing and fund raising. Each member appointed under this paragraph may
18hold office until a successor is appointed.
SB55-ASA1,1029,1919 (b) The chairperson of the arts board or the chairperson's designee.
SB55-ASA1,1029,2020 (c) The executive secretary of the arts board as a nonvoting member.
SB55-ASA1,1029,2221 (d) Two representatives to the assembly, one appointed by the speaker of the
22assembly and one appointed by the minority leader of the assembly.
SB55-ASA1,1029,2423 (e) Two senators, one appointed by the majority leader of the senate and one
24appointed by the minority leader of the senate.
SB55-ASA1,1030,7
1(3) The board of directors holds the powers of the foundation. The members
2of the board of directors shall annually elect a chairperson and may elect other
3officers as they consider appropriate. Seven voting members of the board of directors
4constitute a quorum for the purpose of conducting the business and exercising the
5powers of the foundation, notwithstanding the existence of any vacancy. The board
6of directors may take action upon a vote of a majority of the voting members present,
7unless the bylaws of the foundation require a larger number.
SB55-ASA1,1030,10 8(4) No member of the board of directors may receive compensation for
9performing his or her duties. Each member shall be reimbursed for actual and
10necessary expenses, including travel expenses, incurred in performing those duties.
SB55-ASA1,1030,13 11247.05 General powers and duties. (1) Except as otherwise provided in this
12chapter, the foundation has all of the powers necessary and convenient to carry out
13its duties under sub. (2) and s. 247.06, including the power to do all of the following:
SB55-ASA1,1030,1414 (a) Make, amend, and repeal bylaws for the conduct of its affairs.
SB55-ASA1,1030,1515 (b) Adopt a seal and alter that seal.
SB55-ASA1,1030,1616 (c) Sue and be sued.
SB55-ASA1,1030,1717 (d) Maintain an office.
SB55-ASA1,1030,1818 (e) Solicit and accept donations of money, property, and art objects.
SB55-ASA1,1030,1919 (f) Execute contracts and other instruments.
SB55-ASA1,1030,2120 (g) Employ legal, financial, technical, or other experts and any other necessary
21employees, and fix their qualifications, duties, and compensation.
SB55-ASA1,1030,2322 (h) Establish arts programs with the advice of the arts board and statewide arts
23organizations.
SB55-ASA1,1030,2524 (i) Convert any noncash gift, grant, bequest, or other contribution to the
25foundation to cash.
SB55-ASA1,1031,1
1(2) The foundation shall do all of the following:
SB55-ASA1,1031,42 (a) In carrying out its responsibilities under this chapter, ensure to the greatest
3extent possible the equitable distribution of funds and other support among all of the
4following:
SB55-ASA1,1031,55 1. The various geographic regions of the state.
SB55-ASA1,1031,66 2. Urban, suburban, and rural areas of the state.
SB55-ASA1,1031,77 3. The various ethnic, racial, and cultural groups of the state.
SB55-ASA1,1031,108 (b) Appoint a licensed appraiser to evaluate each donated art object to establish
9the current value of, potential appreciation of, degree of risk in holding, and
10recommended timing for sale of, the art object.
SB55-ASA1,1031,1111 (c) Adopt bylaws for accepting restricted donations.
SB55-ASA1,1031,1412 (d) Annually submit to the governor and to the presiding officer of each house
13of the legislature an audited financial statement of the operations of the foundation,
14prepared in accordance with generally accepted accounting principles.
SB55-ASA1,1031,1515 (e) Contract for all education and marketing activities.
SB55-ASA1,1031,1916 (f) Deposit in the state treasury all cash, gifts, grants, bequests, or other
17contributions made to the foundation, and all noncash gifts, grants, bequests, or
18other contributions made to the foundation that have been converted to cash under
19sub. (1) (i).
SB55-ASA1,1031,2220 (g) Biennially review the foundation's priorities for expenditures under s.
21247.06 (1) (b) and report those priorities to the presiding officer of each house of the
22legislature.
SB55-ASA1,1032,2 23247.06 Support of arts programs. (1) (a) The foundation may distribute
24moneys appropriated under s. 20.220 (1) (r) to the arts board for programs that

1provide operating support to arts organizations and for the Wisconsin regranting
2program under s. 44.62.
SB55-ASA1,1032,83 (b) The foundation may distribute moneys appropriated under s. 20.220 (1) (r)
4to an arts program established under s. 247.05 (1) (h) if the program is reviewed
5biennially by the foundation with the advice of the arts board and statewide arts
6organizations. To the extent possible, the programs funded under this paragraph
7shall use existing arts board mechanisms and staff for administering and
8distributing the moneys.
SB55-ASA1,1032,11 9(2) (a) Of the total amount distributed by the foundation under sub. (1) in any
10fiscal year that constitutes earnings on unrestricted donations, the foundation shall
11distribute at least 50% to the arts board under sub. (1) (a).
SB55-ASA1,1032,1512 (b) The foundation may not distribute moneys to the arts board under sub. (1)
13(a) in any fiscal year in which the foundation determines that the amount of general
14purpose revenue appropriated to the arts board under s. 20.215 is less than the
15amount appropriated in the previous fiscal year.
SB55-ASA1,1032,17 16247.07 Dissolution. The foundation may not dissolve and wind up its affairs
17unless the legislature enacts a law ordering dissolution.
SB55-ASA1, s. 1566 18Section 1566. 252.12 (title) of the statutes is amended to read:
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