This bill authorizes the wildlife resources agency to enter into partnership agreements with nonprofit organizations for the purpose of promoting and supporting the goals and objectives of the agency including, but not limited to, marketing opportunities.
The nonprofit partners must have their boards of directors elected by a process approved by the governor or the governor's designee. The nonprofit partners must be properly incorporated under the laws of this state, and approved by the internal revenue service as tax-exempt 501(c)(3) organizations.
Costs to underwrite the nonprofit partners' activities related to marketing opportunities will be borne from revenues of the nonprofit partners and no state employee may benefit from such proceeds. All proceeds in excess of the cost of operation must be deposited exclusively into the wildlife resources fund and will not revert to the general fund.
The nonprofit partners must annually submit to the governor, the speakers of the senate and the house of representatives, and the chairman of the wildlife resources commission, within 90 days after the end of their fiscal year, a complete and detailed report setting forth their operation and accomplishments. The nonprofit partners will be subject to examination and audit by the comptroller in the same manner as prescribed for departments and agencies of the state.
This bill also authorizes the wildlife resources commission to develop guidelines for the use of advertising on appropriate agency motor vehicles and vessels. Such guidelines may include, but are not limited to, signage placement, safety concerns and prohibited practices.
ON MAY 9, 2011, THE SENATE ADOPTED AMENDMENTS #2, #3 AND #4 AND PASSED SENATE BILL 763, AS AMENDED.
AMENDMENT #2 revises this bill's provision governing the audit. The bill provides that the nonprofit partners will be subject to examination and audit by the comptroller of the treasury in the same manner as prescribed for departments and agencies of the state. This amendment revises this provision to instead provide the annual reports and all books of accounts and financial records of all funds received by grant, contract or otherwise from state, local or federal sources will be subject to audit annually by the comptroller of the treasury. With prior approval of the comptroller of the treasury, the audit may be performed by a licensed independent public accountant selected by the nonprofit partner. If an independent public accountant is employed, the audit contract between the nonprofit partner and the independent accountant will be on contract forms prescribed by the comptroller of the treasury. The cost of any audit will be paid by the nonprofit partner. The comptroller of the treasury must ensure that audits are prepared in accordance with generally accepted governmental auditing standards and determine if the audits meet minimum audit standards prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this amendment until approved by the comptroller of the treasury.
This amendment also provides that commercial sponsorship may not include, identify or promote:
(1) Alcohol or tobacco products;
(2) Adult-oriented establishments;
(3) Political candidacies, political issue advocacy, or political campaign advertising; or
(4) Any unlawful conduct or activities.
The department must give preference to sponsorship by organizations that are wildlife or boating related. The sponsorship message will include only the name and/or logo of the sponsor. The sponsorship message may only be located on the back of the vehicle or vessel. The logo of the sponsor may not exceed 400 square inches in size, and the lettering identifying the sponsor may not exceed eight inches in height.
AMENDMENT #3 requires that all full board meetings of a nonprofit organization concerning activities authorized by this bill or by present law that authorizes the TWRA to sell advertising space in its publications to be open to the public, except for executive sessions. This amendment also requires that all expenditures of a nonprofit organization relating to activities authorized by this bill or by present law that authorizes the TWRA to sell advertising space in its publications must open for public inspection upon specific request to the nonprofit organization.
AMENDMENT #4 prohibits placement of advertising on TWRA law enforcement motor vehicles and vessels.