AB279: Bill Text

LRB-1054/3

KSH:mfd:km

1997 - 1998 LEGISLATURE

1997 Assembly BILL 279

April 11, 1997 - Introduced by Representatives La Fave, Huebsch, Ainsworth, Albers, Baldwin, Bock, Dobyns, Freese, Goetsch, Green, Hahn, Huber, Kelso, Krug, J. Lehman, Musser, Notestein, Plale, Plouff, Porter, Robson, Schafer and Springer, cosponsored by Senators Huelsman, Clausing, Rude and Buettner. Referred to Committee on Children and Families.

AB279,1,2 An Act to create 48.982 (2e) of the statutes; relating to: authorizing the child abuse and neglect prevention board to form a nonstock, nonprofit corporation.

Analysis by the Legislative Reference Bureau

Under current law, the child abuse and neglect prevention board (board) is authorized to solicit and accept contributions, grants, gifts and bequests for the children's trust fund. Funds accepted by the board for the children's trust fund are to be used to fund certain grants and projects relating to child abuse and neglect prevention, in accordance with the donor's wishes. This bill authorizes the board to organize a nonstock, nonprofit corporation for the purpose of raising funds for the children's trust fund. The corporation is required to be organized in such a way so that contributions to the corporation will be deductible from the donor's federal and state income taxes and so that the corporation will itself be exempt from federal and state income taxes. The board of directors of the corporation is required to consist of 5 members, to be drawn from the membership of the board. The bill requires the board to enter into a contract with the corporation, allowing the board to make use of the corporation's services and allowing the board to provide administrative services to the corporation. The bill prohibits the corporation from employing staff or engaging in political activities and requires that the corporation's records be open to the board, the department of administration, the legislative fiscal bureau, the legislative audit bureau and to appropriate legislative committees. Finally, the bill requires the corporation to donate real property to the state within 5 years after acquiring the property, unless continued holding of the property by the corporation is approved by the joint committee on finance.

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:

AB279, s. 1 Section 1. 48.982 (2e) of the statutes is created to read:

AB279,2,6 48.982 (2e) Nonstock, nonprofit corporation. (a) The board may organize and maintain a nonstock, nonprofit corporation under ch. 181 for the exclusive purpose of raising funds for the children's trust fund for the uses described under sub. (2m). Any funds raised by the corporation shall be expended to carry out the purposes for which received.

AB279,2,13 (b) The board shall enter into a contract with any corporation organized and maintained under par. (a). The contract shall provide that the board may make use of the services of the corporation and that the board may provide administrative services to the corporation. The type and scope of any administrative services provided by the board to the corporation and the board employes assigned to perform the services shall be determined by the board. The corporation may neither employ staff nor engage in political activities.

AB279,2,17 (c) The corporation under par. (a) shall donate any real property to the state within 5 years after acquiring the property unless holding the property for more than 5 years is consistent with sound business and financial practices and is approved by the joint committee on finance.

AB279,2,21 (d) The board, the department of administration, the legislative fiscal bureau, the legislative audit bureau and the appropriate committee of each house of the legislature, as determined by the presiding officer, may examine all records of the corporation.

AB279,3,5 (e) The board of directors of any corporation established under this subsection shall consist of 5 members, including the chairperson of the board and 4 members of the board, elected by the board, of which one shall be a legislator. No 2 members of the board of directors may be from the same category of board members under s. 15.195 (4) (a) to (g).

AB279,3,10 (f) Any corporation established under this subsection shall be organized so that contributions to it will be deductible from adjusted gross income under section 170 of the Internal Revenue Code, as defined under s. 71.01 (6), and so that the corporation will be exempt from taxation under section 501 of the Internal Revenue Code, as defined under s. 71.22 (4), and under s. 71.26 (1) (a).

AB279,3,11 (End)