16.844 History
History: 1975 c. 41 s.
51;
1989 a. 222 s.
3; Stats. 1989 s. 16.844.
16.845
16.845
Use of state facilities. 16.845(1)
(1)
Rule; penalty. Except as elsewhere expressly prohibited, the managing authority of any facility owned by the state or by the University of Wisconsin Hospitals and Clinics Authority or leased from the state by the Fox River Navigational System Authority may permit its use for free discussion of public questions, or for civic, social, recreational or athletic activities. No such use shall be permitted if it would unduly burden the managing authority or interfere with the prime use of such facility. The applicant for use shall be liable to the state, to the Fox River Navigational System Authority, or to the University of Wisconsin Hospitals and Clinics Authority for any injury done to its property, for any expense arising out of any such use and for such sum as the managing authority may charge for such use. All such sums payable to the state shall be paid into the general fund and credited to the appropriation account for the operation of the facility used. The managing authority may permit such use notwithstanding the fact that a reasonable admission fee may be charged to the public. Whoever does or attempts to do an act for which a permit is required under this section without first obtaining the permit may be fined not more than $100 or imprisoned not more than 30 days or both. This subsection applies only to those facilities for which a procedure for obtaining a permit has been established by the managing authority.
16.845(2)(a)
(a) "Facility" includes buildings and surrounding and connecting grounds.
16.845(2)(b)
(b) "Managing authority" means the board, commission, department or officer responsible by law for the management of the particular facility.
16.845 Annotation
A group of churches is entitled to a permit under this section to use the capitol grounds for a civic or social activity even if the content of program is partly religious in nature. 68 Atty. Gen. 217.
16.846
16.846
Rules relating to use, care and preservation of property under department control. 16.846(1)(a)(a) The department shall promulgate under
ch. 227, and shall enforce or have enforced, rules of conduct for property leased or managed by the department. Unless the rule specifies a penalty as provided under
par. (b), a person found guilty of violating a rule promulgated under this subsection shall be fined not more than $100 or imprisoned for not more than 30 days or both.
16.846(1)(b)
(b) A rule promulgated under
par. (a) may provide that a person who violates the rule is subject to one of the following:
16.846(1)(b)1.
1. A lesser criminal penalty than the criminal penalty specified in
par. (a).
16.846(2)
(2) A forfeiture under
sub. (1) (b) 2. may be sued for and collected in the name of the department before any court having jurisdiction of such action. An action for a forfeiture under
sub. (1) (b) 2. may be brought by the department, by the department of justice at the request of the department, or by a district attorney.
16.846(3)
(3) All fines imposed and collected under this section shall be transmitted to the county treasurer for disposition in accordance with
s. 59.25 (3) (f) and
(j). All forfeitures, including forfeitures of posted bail, if any, imposed and collected under this section shall be transmitted to the county treasurer for disposition in accordance with
ss. 778.13 and
778.17.
16.846 History
History: 1995 a. 174;
1997 a. 35.
16.846 Cross-reference
Cross Reference: See also s.
Adm 2.14, Wis. adm. code.
16.847
16.847
Energy efficiency program. 16.847(1)(b)
(b) "State facilities" means all property owned and operated by the state for the purpose of carrying out usual state functions, including each institution within the University of Wisconsin System.
16.847(1)(c)
(c) "Utility expenses" means expenses incurred to provide heating, cooling and electricity to a state facility.
16.847(2)
(2) Energy conservation construction projects. 16.847(2)(a)(a) The department may provide funding to agencies, as defined in
s. 16.70 (1e), for energy conservation construction projects at state facilities under the jurisdiction of the agencies to enhance the energy efficiency of the facilities. The department shall prescribe standards for evaluation of proposed projects and allocation of available moneys for those projects under this subsection.
16.847(2)(b)
(b) The department shall measure and verify each energy conservation construction project funded under this subsection in accordance with the performance measurement and verification guidelines adopted by the federal Energy Management Program.
16.847(2)(c)
(c) The department shall, to the extent feasible, use the procedures under
s. 16.858 to carry out energy conservation construction projects funded under this subsection. In any contract entered into by the department under
s. 16.858 that is funded under this subsection, the contract shall set forth the minimum savings in energy usage that will be realized by the state from construction of the project and the contractor shall guarantee that the savings will be realized.
16.847(3)
(3) Assessments. The department may annually assess any agency that receives funding under
sub. (2) in an amount determined by the department not exceeding the agency's proportionate share of debt service costs incurred under
s. 20.505 (5) (kd) or the savings in the agency's energy costs generated, whichever is greater, as a result of an energy conservation construction project that was funded by the department under
sub. (2). The department shall credit all revenues received under this subsection to the appropriation account under
s. 20.505 (5) (kd).
16.847(8)
(8) Repayment agreements. The department may annually transfer repayments under agreements to obtain loans from the energy efficiency fund under s.
16.847 (6), 1999 stats., from the appropriations specified in the agreements to the general fund. The amount of each annual repayment shall equal the amount of annual savings in utility expenses realized as a result of the energy efficiency project that was funded by a loan. The department shall determine the amount of annual savings in utility expenses realized as a result of an energy efficiency project.
16.848
16.848
Sale of certain state property. 16.848(1)
(1) Except as provided in
sub. (2) and subject to
sub. (3), the department may sell any state-owned real property, if the department determines that the sale is in the best interest of the state. The sale may be either on the basis of public bids, with the department reserving the right to reject any bid in the interest of the state, or negotiated prices.
16.848(2)(a)(a) Subsection (1) does not authorize the closure or sale of any facility or institution the operation of which is provided for by law.
16.848(2)(b)
(b) Subsection (1) does not apply to property under the jurisdiction of the board of regents of the University of Wisconsin System.
16.848(2)(d)
(d) Subsection (1) does not apply to lands under the jurisdiction of the board of commissioners of public lands.
16.848(2)(e)
(e) Subsection (1) does not apply to property under the jurisdiction of the department of natural resources, except central or district office facilities.
16.848(2)(f)
(f) Subsection (1) does not apply to lands acquired with revenues collected under
s. 70.58.
16.848(2)(g)
(g) Subsection (1) does not apply to property that is subject to sale by the department of veterans affairs under
s. 45.32 (7).
16.848(2)(gc)
(gc) Subsection (1) does not apply to property that is subject to sale by the department of military affairs under
s. 21.19 (3) or 21.42 (3) [
s. 321.03 (2) (b)].
16.848 Note
Note: The correct cross-reference is shown in brackets. Corrective legislation is pending.
16.848(2)(gg)
(gg) Subsection (1) does not apply to property that is conveyed by the department of corrections under
s. 301.25.
16.848(2)(gn)
(gn) Subsection (1) does not apply to property that is subject to sale by the state under 20.909 (2).
16.848(2)(gr)
(gr) Subsection (1) does not apply to land that is sold or traded by the Kickapoo reserve management board under
s. 41.41 (7).
16.848(2)(gt)
(gt) Subsection (1) does not apply to property that is donated by the department of transportation under
s. 84.09 (5r).
16.848(2)(gw)
(gw) Subsection (1) does not apply to the sale of property by the department of health services under
s. 51.06 (6).
16.848(2)(h)
(h) The department shall not sell any property under this section that is leased by the state until the lease expires or the lease is modified, renewed, or extended, whichever first occurs, without consent of the lessee.
16.848(4)
(4) Except as provided in
s. 13.48 (14) (e), if there is any outstanding public debt used to finance the acquisition, construction, or improvement of any property that is sold under
sub. (1), the department shall deposit a sufficient amount of the net proceeds from the sale of the property in the bond security and redemption fund under
s. 18.09 to repay the principal and pay the interest on the debt, and any premium due upon refunding any of the debt. If the property was acquired, constructed, or improved with federal financial assistance, the department shall pay to the federal government any of the net proceeds required by federal law. If the property was acquired by gift or grant or acquired with gift or grant funds, the department shall adhere to any restriction governing use of the proceeds. Except as required under
ss. 13.48 (14) (e),
20.395 (9) (qd), and
51.06 (6), if there is no such debt outstanding, there are no moneys payable to the federal government, and there is no restriction governing use of the proceeds, and if the net proceeds exceed the amount required to be deposited, paid, or used for another purpose under this subsection, the department shall deposit the net proceeds or remaining net proceeds in the general fund.
ENGINEERING
16.85
16.85
Department of administration; powers, duties. The department of administration shall exercise the powers and duties prescribed by
ss. 16.85 to
16.91:
16.85(1)
(1) To take charge of and supervise all engineering or architectural services or construction work as defined in
s. 16.87 performed by, or for, the state, or any department, board, institution, commission or officer thereof, including nonprofit-sharing corporations organized for the purpose of assisting the state in the construction and acquisition of new buildings or improvements and additions to existing buildings as contemplated under
ss. 13.488,
36.09 and
36.11, except the engineering, architectural and construction work of the department of transportation, the engineering service performed by the department of commerce, department of revenue, public service commission, department of health services and other departments, boards and commissions when the service is not related to the maintenance, and construction and planning of the physical properties of the state. The department shall not authorize construction work for any state office facility in the city of Madison after May 11, 1990, unless the department first provides suitable space for a day care center primarily for use by children of state employees.
16.85(2)
(2) To furnish engineering, architectural, project management, and other building construction services whenever requisitions therefor are presented to the department by any agency. The department may deposit moneys received from the provision of these services in the account under
s. 20.505 (1) (kc) or in the general fund as general purpose revenue — earned. In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in
subch. II of ch. 114 or
subch. III of ch. 149 or in
ch. 231,
233,
234,
237, or
279.
16.85(3)
(3) To act and assist any department, board, commission or officer requesting such cooperation and assistance, in letting contracts for engineering or architectural work authorized by law and in supervising the work done thereunder;
16.85(4)
(4) To approve the appointment of a chief operating engineer for each state-owned or operated heating, cooling or power plant and pumping station, to provide for the methods of operating the plants and stations and to design records and forms for reporting accurately the cost per unit of product or service. The superintendent or other person having charge of each plant or station shall not only report to the agency which operates the plant or station but to the secretary in the manner and at such times as the secretary determines. In this subsection, "agency" has the meaning given under
sub. (2).
16.85(5)
(5) To promote the use of energy conservation methods in state-owned facilities, to implement and refine a statewide energy monitoring system and to develop and implement initiatives of replacing fossil fuels with renewable energy fuels.
16.85(6)
(6) To approve the appointment of a principal engineer or architect for departments, boards and commissions and when such continuous service is needed. No such engineer or architect shall be employed without the written approval of the secretary.
16.85(7)
(7) To rebuild and repair discarded machinery of the several state institutions when found feasible, and put the same back into service in the same department or in any other state department, and upon requisition to furnish services and material and loan equipment at fair rentals based on the cost thereof, in connection with the construction, operation and maintenance of heating and power plants, utilities and equipment.
16.85(10)
(10) To prepare in cooperation with the state agencies concerned, plans for the future growth and development of various state institutions and to serve as technical adviser to the building commission in connection with the development of the state long-range building program provided in
ss. 13.48 and
13.482.
16.85(12)
(12) To review and approve plans and specifications for any building or structure that is constructed for the benefit of the University of Wisconsin System or any institution thereof, and to periodically review the progress of any such building or structure during construction to assure compliance with the approved plans and specifications.
16.85(14)
(14) To review and approve the design and specifications of any construction or improvement project of the University of Wisconsin Hospitals and Clinics Authority on state-owned land, to approve the decision to construct any such construction or improvement project and to periodically review the progress of the project during construction to assure compliance with the approved design and specifications. This subsection does not apply to any construction or improvement project of the authority that costs less than the amount that is required to be specified in the lease agreement between the authority and the board of regents of the University of Wisconsin System under
s. 233.04 (7) (d).
16.85(15)
(15) To provide or contract for the provision of professional engineering, architectural, project management and other building construction services on behalf of school districts for the installation or maintenance of electrical and computer network wiring. The department shall assess fees for services provided under this subsection and shall credit all revenues received to the appropriation account under
s. 20.505 (1) (im).
16.85(16)
(16) To review and approve the design and specifications of any rehabilitation or repair project of the Fox River Navigational System Authority on state-owned land, to approve the decision to proceed with the project, and to periodically review the progress of the project during construction to assure compliance with the approved design and specifications.
16.85 History
History: 1971 c. 42;
1973 c. 90;
1973 c. 335 s.
13;
1977 c. 29 s.
1654 (8) (c);
1979 c. 221;
1983 a. 36 s.
96 (4);
1985 a. 29;
1987 a. 142,
399;
1989 a. 31,
336;
1991 a. 39,
269,
316;
1993 a. 263;
1995 a. 27 ss.
398 to
400,
9116 (5),
9126 (19),
9130 (4);
1997 a. 27;
1999 a. 197;
2001 a. 16;
2005 a. 74,
149,
335;
2007 a. 20 ss.
115b,
9121 (6) (a);
2007 a. 97.
16.85 Cross-reference
Cross Reference: See also ch.
Adm 20, Wis. adm. code.
16.851
16.851
Plans for state buildings, structures or facilities. Except as the department otherwise provides by rule, records of the department containing plans or specifications for any state-owned or state-leased building, structure or facility, or any proposed state-owned or state-leased building, structure or facility, are not subject to the right of public inspection or copying under
s. 19.35 (1). If the department transfers any records containing any such plans or specifications to any other authority as defined in
s. 19.32 (1), the department shall require the authority to agree in writing not to make the record available for public inspection or copying except as the department otherwise permits by rule.
16.851 History
History: 1995 a. 27.
16.8511
16.8511
Secretary of administration; powers, duties. 16.8511(1)(1) The secretary or the secretary's designated assistants shall make a biennial inspection of each building of each institution of the state. The secretary may delegate this responsibility to the board, commission or officer in charge of such institution.
16.8511(2)
(2) The secretary may delegate any of the work under this subchapter to the various state agencies when the secretary determines that the best interests of the state will be served. All such delegation will be in writing and accompanied by the proper rules and guidelines the agencies must follow to ensure performance to the satisfaction of the secretary.
16.8511 History
History: 2005 a. 149 ss.
67,
69.
16.854
16.854
Services provided to professional baseball park districts. 16.854(1)(c)
(c) "Women's business" means a sole proprietorship, partnership, joint venture or corporation that is at least 51% owned, controlled and actively managed by women.
16.854(2)
(2) Subject to the requirements of
s. 16.82 (7), the department may, upon request of any local professional baseball park district, if the district has entered into a lease agreement with the department under
s. 16.82 (7), take charge of and supervise engineering or architectural services or construction work, as defined in
s. 16.87, performed by, or for, the district for compensation to be agreed upon between the department and the district. In connection with such services or work, the department may furnish engineering, architectural, project management and other building construction services whenever requisitions therefor are presented to the department by the district. If the district has entered into a lease agreement with the department under
s. 16.82 (7), the department may also assist the district, upon request of the district, in letting contracts for engineering, architectural or construction work authorized by law and in supervising the work done thereunder. The department may award any such contract for any combination or division of work it designates and may consider any factors in awarding a contract including price, time for completion of work and the qualifications and past performance of a contractor. In awarding contracts under this section for the construction of baseball park facilities, as defined in
s. 229.65 (1), the department shall ensure that any person who is awarded a contract agrees, as a condition to receiving the contract, that his or her goal shall be to ensure that at least 25% of the employees hired because of the contract will be minority group members and at least 5% of the employees hired because of the contract will be women. It shall also be a goal of the department to ensure that at least 25% of the aggregate dollar value of contracts awarded for the construction of such facilities in the following areas are awarded to minority businesses and at least 5% of the aggregate dollar value of contracts awarded for the construction of such facilities in the following areas are awarded to women's businesses:
16.854(2)(a)
(a) Contracts for the construction of baseball park facilities.
16.854(2)(b)
(b) Contracts for professional services related to the construction of baseball park facilities.
16.854(2)(c)
(c) Contracts for the development of baseball park facilities.
16.854(3)
(3) It shall be a goal of the department, with regard to each of the contracts described under
sub. (2) (a),
(b) and
(c), to award at least 25% of the dollar value of such contracts to minority businesses and at least 5% of the dollar value of such contracts to women's businesses.
Sections 16.85,
16.8511,
16.855, and
16.87 do not apply to services provided or contracted by the department under this section.
16.854 History
History: 1995 a. 56;
2005 a. 149.
16.855
16.855
Construction project contracts. 16.855(1)
(1) The department shall let by contract to the lowest qualified responsible bidder all construction work when the estimated construction cost of the project exceeds $40,000, except for construction work authorized under
s. 16.858 and except as provided in
sub. (10m) or
s. 13.48 (19). If a bidder is not a Wisconsin firm and the department determines that the state, foreign nation or subdivision thereof in which the bidder is domiciled grants a preference to bidders domiciled in that state, nation or subdivision in making governmental purchases, the department shall give a preference over that bidder to Wisconsin firms, if any, when awarding the contract, in the absence of compelling reasons to the contrary. The department may enter into agreements with states, foreign nations and subdivisions thereof for the purpose of implementing this subsection.
16.855(2)
(2) Except for projects authorized under
s. 16.858, whenever the estimated construction cost of a project exceeds $40,000, or if less and in the best interest of the state, the department shall:
16.855(2)(a)
(a) Advertise for proposals by publication of a class 1 notice, under
ch. 985, in the official state newspaper. Similar notices may be placed in publications likely to inform potential bidders of the project. The department may solicit bids from qualified contractors to insure adequate competition. All advertisements shall contain the following information:
