AB150-engrossed,130,218
16.84
(5) Have responsibility, subject to approval of the governor, for all
19functions relating to the leasing, acquisition, allocation and utilization of all real
20property by the state, except where such responsibility is otherwise provided by the
21statutes.
In this connection, the department shall, with the governor's approval,
22require physical consolidation of office space utilized by any executive branch agency
23having fewer than 50 authorized full-time equivalent positions with office space
24utilized by another executive branch agency, whenever feasible. The department
25shall lease or acquire office space for legislative offices or legislative service agencies
1at the direction of the joint committee on legislative organization.
In this subsection,
2"executive branch agency" has the meaning given in s. 16.70 (4).
AB150-engrossed,130,64
16.84
(14) Provide interagency mail delivery service for agencies, as defined
5in s. 16.70 (1). The department may charge agencies for this service. Any moneys
6collected shall be credited to the appropriation account under s. 20.505 (1) (kd).
AB150-engrossed,130,248
16.845
(1) Rule; penalty. Except as elsewhere expressly prohibited, the
9managing authority of any facility owned by the state
or by the University of
10Wisconsin Hospitals and Clinics Authority may permit its use for free discussion of
11public questions, or for civic, social, recreational or athletic activities. No such use
12shall be permitted if it would unduly burden the managing authority or interfere
13with the prime use of such facility. The applicant for use shall be liable to the state
14or to the University of Wisconsin Hospitals and Clinics Authority for any injury done
15to its property, for any expense arising out of any such use and for such sum as the
16managing authority may charge for such use. All such sums
are to payable to the
17state shall be paid into the general fund and
to be credited to the appropriation
18account for the operation of the facility used. The managing authority may permit
19such use notwithstanding the fact that a reasonable admission fee may be charged
20to the public. Whoever does or attempts to do an act for which a permit is required
21under this section without first obtaining the permit may be fined not more than
22$100 or imprisoned not more than 30 days or both. This
section subsection applies
23only to those
buildings, facilities
and grounds for which a procedure for obtaining a
24permit has been established
by the managing authority.
AB150-engrossed,131,2
116.846 Fine arts in state buildings program. (1) Definitions. In this
2section:
AB150-engrossed,131,33
(a) "State building" has the meaning given in s. 44.51 (2).
AB150-engrossed,131,44
(b) "Work of art" has the meaning given in s. 44.51 (3).
AB150-engrossed,131,12
5(2) Minimum expenditure required. (a) Except as provided in par. (b), at least
60.02% of the appropriation for the construction, reconstruction, renovation or
7remodeling of or addition to a state building, including but not limited to amounts
8appropriated for design and supervision, site preparation, equipment and
9administrative and personnel costs, shall be utilized to acquire one or more works
10of art to be incorporated into the structure for which the appropriation was made, or
11displayed inside or on the grounds of that structure and to fund all administrative
12costs that the board incurs in acquiring one or more works of art.
AB150-engrossed,131,1813
(b) If the state building to which this section applies is located contiguous to
14other state buildings, the advisory committee acting under sub. (3) may apply the
15funds set aside under par. (a) to the acquisition, including all associated
16administrative costs, of one or more works of art to be incorporated into one of the
17other contiguous buildings or to be displayed on the grounds of one or more of the
18contiguous state buildings.
AB150-engrossed,131,22
19(3) Advisory committee. (a) After selection of the architect for any project
20subject to this section, the department shall convene an advisory committee for the
21purpose of reviewing and recommending works of art to be incorporated into the
22structure.
AB150-engrossed,131,2423
(b) The advisory committee shall consist of at least 5 members appointed by the
24secretary, including:
AB150-engrossed,132,2
11. At least 2 persons who are artists, art educators, art administrators,
2museum directors or curators, art critics or art collectors.
AB150-engrossed,132,43
2. At least 2 persons who are project managers, architects, users of the building
4or members of the building commission.
AB150-engrossed,132,11
5(4) Contracts with artists. (a) After review of the recommendations of the
6advisory committee convened under sub. (3), the department shall make the final
7selection of the artist and the work of art to be incorporated into the project. The
8department shall ensure that the aggregate of works of art selected under this
9section represent a wide variety of art forms executed by the broadest feasible
10diversity of artists, except that the department shall give preference to artists who
11are residents of this state.
AB150-engrossed,132,1512
(b) 1. The department shall enter into one or more contracts to procure the work
13of art selected for the project. Except as provided in subd. 2., the contracts shall
14provide for sole ownership of the works of art acquired under this section in the state
15of Wisconsin.
AB150-engrossed,132,2316
2. If the work of art to be acquired is an existing work of art and is no longer
17subject to the control of the artist originating the work of art, the contract shall
18provide sole ownership in the state of Wisconsin, subject to the existing obligations,
19if any, of the owner to the originating artist. If the work of art selected is a work of
20art which is owned by the artist originating the work of art or if the work of art has
21not been executed on the date of the contract, the contract shall provide for sole
22ownership in the state of Wisconsin, subject to the following rights retained by the
23artist unless limited by written agreement between the department and the artist:
AB150-engrossed,132,2424
a. The right to claim authorship of the work of art.
AB150-engrossed,133,2
1b. The right to reproduce the work of art, including all rights secured to the
2artist under federal copyrights laws.
AB150-engrossed,133,4
3(5) Department responsibilities. After acquisition of the work of art under sub.
4(4), the department shall:
AB150-engrossed,133,65
(a) Ensure proper execution of the work of art, if the work of art is a new work
6of art.
AB150-engrossed,133,87
(b) Ensure that the work of art acquired under this section is properly installed
8within the public view.
AB150-engrossed,133,119
(c) Consult with the artist or the artist's representative to ensure that each
10work of art acquired under this section is properly maintained and is not artistically
11altered without the consent of the artist or the artist's representative.
AB150-engrossed,133,1912
(d) Ensure that any work of art acquired under this section is maintained and
13displayed on the grounds of the state building for at least 25 years, unless the
14department finds that earlier removal is in the public interest. When the
15department, in consultation with the agency making principal use of the building to
16which the work of art is appurtenant, determines that the work of art should be
17removed, the department shall loan the work of art to an accredited museum in the
18state or to an educational or other appropriate public institution capable of
19maintaining and exhibiting the work of art.
AB150-engrossed,133,20
20(6) Applicability. (a) This section does not apply to any of the following:
AB150-engrossed,133,2321
1. Any contract for the construction, reconstruction, renovation or remodeling
22of or addition to any state building if the total construction cost of the project is
23$250,000 or less.
AB150-engrossed,133,2524
2. Sheds, warehouses, highways or streets, or other buildings or spaces which
25are not open for entry by the general public in the normal use of the building or space.
AB150-engrossed,134,2
13. Game farms, fish hatcheries, nurseries and other production facilities
2operated by the department of natural resources.
AB150-engrossed,134,53
(b) This section does not apply if the joint committee on finance has approved
4the funding report of the arts board under 1995 Wisconsin Act .... (this act), section
59105 (3g) (a).
AB150-engrossed,134,9
816.848 Energy savings performance contracting. (1) Definitions. In this
9section:
AB150-engrossed,134,1010
(a) "Agency" has the meaning given in s. 16.70 (1).
AB150-engrossed,134,1311
(b) "Energy conservation measure" means a facility alteration or training,
12service or operations program designed to reduce energy consumption or operating
13costs or ensure state or local building code compliance.
AB150-engrossed,134,1614
(c) "Performance contract" means a contract for the evaluation and
15recommendation of energy conservation and facility improvement measures, and for
16the implementation of one or more such measures.
AB150-engrossed,134,2117
(d) "Qualified provider" means a person who is experienced in the design,
18implementation and installation of energy conservation and facility improvement
19measures and who has the ability to provide labor and material payment and
20performance bonds equal to the maximum amount of any payments due under a
21performance contract entered into by the person.
AB150-engrossed,134,25
22(2) Authorization; report. (a) Any agency may, in accordance with this section,
23enter into a performance contract under subch. IV with a qualified provider to reduce
24energy or operating costs, ensure state or local building code compliance or enhance
25the protection of property of the agency.
AB150-engrossed,135,10
1(b) Prior to entering into a performance contract for the implementation of any
2energy conservation or facility improvement measure, an agency shall obtain a
3report from a qualified provider containing recommendations concerning the
4amount the agency should spend on energy conservation and facility improvement
5measures The report shall contain estimates of all costs of installation,
6modifications, or remodeling, including costs of design, engineering, maintenance,
7repairs and financing. In addition, the report shall contain a guarantee specifying
8a minimum amount by which energy or operating costs of the agency will be reduced,
9if the installation, modification or remodeling is performed by that qualified
10provider.
AB150-engrossed,135,1511
(c) If, after review of the report under par. (b), the agency finds that the amount
12it would spend on the energy conservation and facility improvement measures
13recommended in the report is not likely to exceed the amount to be saved in energy
14and operation costs over the remaining useful life of the facility to which the
15measures apply, the agency may enter into the contract.
AB150-engrossed,135,1716
(d) Any performance contract for construction work is subject to approval under
17subch. V and ss. 13.48 (10) and 20.924 (1).
AB150-engrossed,135,22
18(3) Notice. Before entering into a performance contract under this section, an
19agency shall publish a class 1 notice of its intent to award the performance contract,
20the names of the parties to the proposed performance contract, and a description of
21the energy conservation and facility improvement measures included in the
22performance contract.
AB150-engrossed,135,25
23(4) Instalment payment and lease-purchase agreements. An agency may
24enter into an instalment payment contract or lease-purchase agreement for the
25purchase and installation of energy conservation or facility improvement measures.
AB150-engrossed,136,4
1(5) Payment schedule; savings. Each performance contract shall provide that
2all payments, except obligations on termination of the contract before its expiration,
3shall be made over time as energy savings are achieved. Energy savings shall be
4guaranteed by the qualified provider for the entire term of the performance contract.
AB150-engrossed,136,7
5(6) Terms of contracts. A performance contract may extend beyond the fiscal
6year in which it becomes effective, subject to appropriation of moneys for costs
7incurred in future fiscal years.
AB150-engrossed,136,10
8(7) Allocation of obligations. Each agency shall allocate sufficient moneys
9from its appropriations for each fiscal year to make payment of any amounts payable
10by the agency under performance contracts during that fiscal year.
AB150-engrossed,136,13
11(8) Bonds. Each qualified provider under a performance contract shall provide
12labor and material payment and performance bonds in an amount equivalent to the
13maximum amount of any payments due under the contract.
AB150-engrossed,136,18
14(9) Use of moneys. Unless otherwise provided by law, if an agency receives
15appropriations designated for operating and capital expenditures, the agency may
16use moneys designated for operating or capital expenditures to make payments
17under any performance contract, including instalment payments or payments under
18lease-purchase agreements.
AB150-engrossed,136,25
19(10) Monitoring; reports. During the entire term of each performance
20contract, the qualified provider entering into the contract shall monitor the
21reductions in energy consumption and cost savings attributable to the energy
22conservation and facility improvement measures installed under the contract, and
23shall periodically prepare and provide a report to the agency entering into the
24contract documenting the reductions in energy consumption and cost savings to the
25agency.
AB150-engrossed,137,2
1(11) Energy conservation measures. Energy conservation measures under
2this section may include the following:
AB150-engrossed,137,33
(a) Insulation of a building structure or systems within a building.
AB150-engrossed,137,74
(b) Storm windows or doors, caulking or weather stripping, multiglazed
5windows or doors, heat-absorbing or heat-reflective glazed and coated window or
6door systems, additional glazing, reductions in glass area, or other window and door
7system modifications that reduce energy consumption.
AB150-engrossed,137,98
(c) Automated or computerized energy control and facility management
9systems or computerized maintenance management systems.
AB150-engrossed,137,1110
(d) Heating, ventilating or air conditioning system modifications or
11replacements.
AB150-engrossed,137,1612
(e) Replacement or modification of lighting fixtures to increase the energy
13efficiency of the lighting system without increasing the overall illumination of a
14facility, unless an increase in illumination is necessary to conform to the applicable
15state or local building code for the lighting system after the proposed modifications
16are made.
AB150-engrossed,137,1717
(f) Energy recovery systems.
AB150-engrossed,137,1818
(g) Utility management systems and services.
AB150-engrossed,137,2019
(h) Cogeneration systems that produce steam or forms of energy such as heat,
20as well as electricity, for use primarily within a building or complex of buildings.
AB150-engrossed,137,2121
(i) Lifesafety systems.
AB150-engrossed,137,2422
(j) Any other facility improvement measure that is designed to provide
23long-term energy or operating cost reductions or compliance with state or local
24building codes.
AB150-engrossed,138,2
1(12) Application. No agency may enter into a performance contract except in
2accordance with this section.
AB150-engrossed,138,194
16.85
(1) To take charge of and supervise all engineering or architectural
5services or construction work as defined in s. 16.87 performed by, or for, the state, or
6any department, board, institution, commission or officer thereof, including
7nonprofit-sharing corporations organized for the purpose of assisting the state in the
8construction and acquisition of new buildings or improvements and additions to
9existing buildings as contemplated under ss. 13.488, 36.09 and 36.11, except the
10engineering, architectural and construction work of the department of
11transportation, the engineering service performed by the department of
industry,
12labor and human relations development, department of revenue, public service
13commission, department of health and social services and other departments, boards
14and commissions when the service is not related to the maintenance, construction
15and planning of the physical properties of the state, and energy efficiency projects
16of the energy efficiency program under s. 16.847. The department shall not authorize
17construction work for any state office facility in the city of Madison after May 11,
181990, unless the department first provides suitable space for a day care center
19primarily for use by children of state employes.
AB150-engrossed,139,521
16.85
(2) To furnish engineering, architectural, project management and other
22building construction services whenever requisitions therefor are presented to the
23department by any agency. The department may deposit moneys received from the
24provision of these services in the account under s. 20.505 (1) (kc) or in the general
25fund as general purpose revenue — earned. In this subsection, "agency" means an
1office, department, independent agency, institution of higher education, association,
2society or other body in state government created or authorized to be created by the
3constitution or any law, which is entitled to expend moneys appropriated by law,
4including the legislature and the courts, but not including an authority created in
5ch. 231
, 233 or 234.
AB150-engrossed,139,157
16.85
(14) To review and approve the design and specifications of any
8construction or improvement project of the University of Wisconsin Hospitals and
9Clinics Authority on state-owned land, to approve the decision to construct any such
10construction or improvement project and to periodically review the progress of the
11project during construction to assure compliance with the approved design and
12specifications. This subsection does not apply to any construction or improvement
13project of the authority that costs less than the amount that is required to be specified
14in the lease agreement between the authority and the board of regents of the
15University of Wisconsin System under s. 233.04 (7) (d).
AB150-engrossed,139,25
1716.851 Plans for state buildings, structures or facilities. Except as the
18department otherwise provides by rule, records of the department containing plans
19or specifications for any state-owned or state-leased building, structure or facility,
20or any proposed state-owned or state-leased building, structure or facility, are not
21subject to the right of public inspection or copying under s. 19.35 (1). If the
22department transfers any records containing any such plans or specifications to any
23other authority as defined in s. 19.32 (1), the department shall require the authority
24to agree in writing not to make the record available for public inspection or copying
25except as the department otherwise permits by rule.
AB150-engrossed,140,122
16.855
(14) (a)
On all construction projects requiring the taking of bids under
3sub. (2) If the estimated construction cost of a project exceeds $100,000, the
4department shall take both single bids and separate bids on any division of the work
5that it designates.
Contracts shall be awarded If the estimated construction cost of
6a project does not exceed $100,000 and bids are required to be solicited under sub.
7(2), the department may take single bids or separate bids on any division of the work
8that it designates. If the department awards contracts by the division of work, the
9department shall award the contracts according to the division of work selected for
10bidding
and, except. Except as provided in sub. (10m) (a),
the department shall
11award all contracts to the lowest qualified responsible bidder or bidders that result
12in the lowest total construction cost for the project.
AB150-engrossed,140,1914
16.855
(22) (a) The department shall by rule prescribe a contract
15administration fee to be paid for each state fiscal year by persons who contract with
16the department to provide engineering or architectural services or to perform
17construction work, as defined in s. 16.87 (1). Different contract administration fees
18may be assessed on the basis of different total dollar volumes of sales by contractors
19within the fiscal year in which the fee is assessed or the preceding fiscal year.
AB150-engrossed,141,420
(b) Except as authorized in par. (c), no person may contract with any agency,
21as defined in s. 16.70 (1), to provide engineering or architectural services or other
22services specified in s. 84.01 (13) or to perform construction work, as defined in s.
2316.87 (1), including any highway improvement, having an aggregate cost to the state
24exceeding $500 within any fiscal year unless that person has paid to the department
25the fee prescribed under par. (a) for the fiscal year in which the services are provided
1or the work is performed. If different fees are assessed under par. (a) for different
2total dollar volumes of sales, no person may provide any such services or work
3exceeding the dollar volume applicable to the fee which the person has paid under
4par. (a) for the fiscal year in which the services are provided or work is performed.
AB150-engrossed,141,55
(c) The department shall promulgate rules providing for:
AB150-engrossed,141,66
1. Administration and collection of the fee prescribed under par. (a).
AB150-engrossed,141,97
2. Exemption of any class of contractors from payment of the fee prescribed
8under par. (a) if exemption of that class of contractors is in the best interest of the
9state.
AB150-engrossed,141,1110
(d) The department shall deposit all revenues received from fees assessed
11under this subsection in the information technology investment fund.
AB150-engrossed,142,213
16.865
(8) Annually in each fiscal year, allocate as a charge to each agency a
14proportionate share of the estimated costs attributable to programs administered by
15the agency to be paid from the appropriation under s. 20.505 (2) (k). The department
16may charge premiums to agencies to finance costs under this subsection and pay the
17costs from the appropriation on an actual basis. The department shall deposit all
18collections under this subsection in the appropriation account under s. 20.505 (2) (k).
19Costs assessed under this subsection may include judgments, investigative and
20adjustment fees, data processing and staff support costs, program administration
21costs, litigation costs and the cost of insurance contracts under sub. (5). In this
22subsection, "agency" means an office, department, independent agency, institution
23of higher education, association, society or other body in state government created
24or authorized to be created by the constitution or any law, which is entitled to expend
1moneys appropriated by law, including the legislature and the courts, but not
2including an authority created in ch. 231, 232,
233, 234 or 235.
AB150-engrossed,142,204
16.955
(1) Information. If the governor determines that a disruption of energy
5supplies poses a serious risk to the economic well-being, health or welfare of the
6citizens of this state, the governor may issue an order declaring an energy alert.
7Upon declaration of an energy alert by the governor, the department may issue
8general or special orders, as defined in s. 101.01
(1) (e) (7), or promulgate emergency
9rules under ch. 227 to compel disclosure of information required for purposes of this
10section. Any person, or agent of the person, who produces, imports or sells, coal or
11other forms of fuel, other than electricity, natural gas or wood, who is subject to an
12emergency rule or general or special order of the department within reasonable time
13limits specified in the order shall file or furnish such reports, information, data,
14copies of extracts of originals as the department deems necessary relating to existing
15and future energy supplies, including but not limited to record of sales in years for
161970 and thereafter, storage capacity, supplies on hand and anticipated supplies, and
17anticipated demand. To the extent that the reports and data requested by the
18department are presently available from other state or federal agencies, the
19department shall coordinate its data reporting requirements with the agencies to
20avoid duplication of reporting.
AB150-engrossed,143,622
16.967
(6) Reports. By March 31, 1990, and biennially thereafter, the
23departments department of administration,
the department of agriculture, trade
24and consumer protection,
the department of development,
the department of health
25and social services,
industry, labor and human relations, the department of natural
1resources,
the department of tourism, the department of revenue
and, the
2department of transportation,
and the board of regents of the university of Wisconsin
3system, the public service commission and the board of curators of the historical
4society shall each submit to the board a plan to integrate land information to enable
5such information to be readily translatable, retrievable and geographically
6referenced for use by any state, local governmental unit or public utility.
AB150-engrossed,143,1010
16.97
(5m) "Executive branch agency" has the meaning given in s. 16.70 (4).