SB352-SSA1, s. 18
23Section
18. 16.611 (2) (a) and (c) of the statutes are amended to read:
SB352-SSA1,9,2524
16.611
(2) (a) The department shall prescribe, by rule, procedures for the
25transfer of public records and records of the University of Wisconsin Hospitals and
1Clinics Authority
and of the Wisconsin Aerospace Authority to optical disk or
2electronic format and for the maintenance of such records stored in optical disk or
3electronic format, including procedures to ensure the authenticity, accuracy,
4reliability and accessibility of any public records or records of the University of
5Wisconsin Hospitals and Clinics Authority
or of the Wisconsin Aerospace Authority 6so transferred and procedures to ensure that such records are protected from
7unauthorized destruction.
SB352-SSA1,10,118
(c) The department shall prescribe, by rule, qualitative standards for optical
9disks and for copies of documents generated from optical disks used to store public
10records and records of the University of Wisconsin Hospitals and Clinics Authority
11and of the Wisconsin Aerospace Authority.
SB352-SSA1,10,1413
16.70
(2) "Authority" means a body created under
subch. II of ch. 114 or ch. 231,
14232, 233, 234, 235, or 237.
SB352-SSA1,11,316
16.75
(1m) The department shall award each order or contract for materials,
17supplies or equipment on the basis of life cycle cost estimates, whenever such action
18is appropriate. Each authority other than the University of Wisconsin Hospitals and
19Clinics Authority
and the Wisconsin Aerospace Authority shall award each order or
20contract for materials, supplies or equipment on the basis of life cycle cost estimates,
21whenever such action is appropriate. The terms, conditions and evaluation criteria
22to be applied shall be incorporated in the solicitation of bids or proposals. The life
23cycle cost formula may include, but is not limited to, the applicable costs of energy
24efficiency, acquisition and conversion, money, transportation, warehousing and
25distribution, training, operation and maintenance and disposition or resale. The
1department shall prepare documents containing technical guidance for the
2development and use of life cycle cost estimates, and shall make the documents
3available to local governmental units.
SB352-SSA1, s. 21
4Section
21. 16.765 (1), (2), (4), (5), (6), (7) (intro.) and (d) and (8) of the statutes
5are amended to read:
SB352-SSA1,11,146
16.765
(1) Contracting agencies, the University of Wisconsin Hospitals and
7Clinics Authority, the Fox River Navigational System Authority,
the Wisconsin
8Aerospace Authority, and the Bradley Center Sports and Entertainment
9Corporation shall include in all contracts executed by them a provision obligating the
10contractor not to discriminate against any employee or applicant for employment
11because of age, race, religion, color, handicap, sex, physical condition, developmental
12disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m)
13or national origin and, except with respect to sexual orientation, obligating the
14contractor to take affirmative action to ensure equal employment opportunities.
SB352-SSA1,12,5
15(2) Contracting agencies, the University of Wisconsin Hospitals and Clinics
16Authority, the Fox River Navigational System Authority,
the Wisconsin Aerospace
17Authority, and the Bradley Center Sports and Entertainment Corporation shall
18include the following provision in every contract executed by them: "In connection
19with the performance of work under this contract, the contractor agrees not to
20discriminate against any employee or applicant for employment because of age, race,
21religion, color, handicap, sex, physical condition, developmental disability as defined
22in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but
23not be limited to, the following: employment, upgrading, demotion or transfer;
24recruitment or recruitment advertising; layoff or termination; rates of pay or other
25forms of compensation; and selection for training, including apprenticeship. Except
1with respect to sexual orientation, the contractor further agrees to take affirmative
2action to ensure equal employment opportunities. The contractor agrees to post in
3conspicuous places, available for employees and applicants for employment, notices
4to be provided by the contracting officer setting forth the provisions of the
5nondiscrimination clause".
SB352-SSA1,12,10
6(4) Contracting agencies, the University of Wisconsin Hospitals and Clinics
7Authority, the Fox River Navigational System Authority,
the Wisconsin Aerospace
8Authority, and the Bradley Center Sports and Entertainment Corporation shall take
9appropriate action to revise the standard government contract forms under this
10section.
SB352-SSA1,12,23
11(5) The head of each contracting agency and the boards of directors of the
12University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational
13System Authority,
the Wisconsin Aerospace Authority, and the Bradley Center
14Sports and Entertainment Corporation shall be primarily responsible for obtaining
15compliance by any contractor with the nondiscrimination and affirmative action
16provisions prescribed by this section, according to procedures recommended by the
17department. The department shall make recommendations to the contracting
18agencies and the boards of directors of the University of Wisconsin Hospitals and
19Clinics Authority, the Fox River Navigational System Authority,
the Wisconsin
20Aerospace Authority, and the Bradley Center Sports and Entertainment
21Corporation for improving and making more effective the nondiscrimination and
22affirmative action provisions of contracts. The department shall promulgate such
23rules as may be necessary for the performance of its functions under this section.
SB352-SSA1,13,5
24(6) The department may receive complaints of alleged violations of the
25nondiscrimination provisions of such contracts. The department shall investigate
1and determine whether a violation of this section has occurred. The department may
2delegate this authority to the contracting agency, the University of Wisconsin
3Hospitals and Clinics Authority, the Fox River Navigational System Authority,
the
4Wisconsin Aerospace Authority, or the Bradley Center Sports and Entertainment
5Corporation for processing in accordance with the department's procedures.
SB352-SSA1,13,12
6(7) (intro.) When a violation of this section has been determined by the
7department, the contracting agency, the University of Wisconsin Hospitals and
8Clinics Authority, the Fox River Navigational System Authority,
the Wisconsin
9Aerospace Authority, or the Bradley Center Sports and Entertainment Corporation,
10the contracting agency, the University of Wisconsin Hospitals and Clinics Authority,
11the Fox River Navigational System Authority,
the Wisconsin Aerospace Authority, 12or the Bradley Center Sports and Entertainment Corporation shall:
SB352-SSA1,13,1713
(d) Direct the violating party to take immediate steps to prevent further
14violations of this section and to report its corrective action to the contracting agency,
15the University of Wisconsin Hospitals and Clinics Authority, the Fox River
16Navigational System Authority,
the Wisconsin Aerospace Authority, or the Bradley
17center sports and entertainment corporation.
SB352-SSA1,14,4
18(8) If further violations of this section are committed during the term of the
19contract, the contracting agency, the Fox River Navigational System Authority,
the
20Wisconsin Aerospace Authority, or the Bradley Center Sports and Entertainment
21Corporation may permit the violating party to complete the contract, after complying
22with this section, but thereafter the contracting agency, the Fox River Navigational
23System Authority,
the Wisconsin Aerospace Authority, or the Bradley Center Sports
24and Entertainment Corporation shall request the department to place the name of
25the party on the ineligible list for state contracts, or the contracting agency, the Fox
1River Navigational System Authority,
the Wisconsin Aerospace Authority, or the
2Bradley Center Sports and Entertainment Corporation may terminate the contract
3without liability for the uncompleted portion or any materials or services purchased
4or paid for by the contracting party for use in completing the contract.
SB352-SSA1,14,76
16.838
(1) (b) "Authority" means a body created under
subch. II of ch. 114 or 7ch. 231, 232, 233, 234, 235, or 237.
SB352-SSA1,14,189
16.85
(2) To furnish engineering, architectural, project management and other
10building construction services whenever requisitions therefor are presented to the
11department by any agency. The department may deposit moneys received from the
12provision of these services in the account under s. 20.505 (1) (kc) or in the general
13fund as general purpose revenue — earned. In this subsection, "agency" means an
14office, department, independent agency, institution of higher education, association,
15society or other body in state government created or authorized to be created by the
16constitution or any law, which is entitled to expend moneys appropriated by law,
17including the legislature and the courts, but not including an authority created in
18subch. II of ch. 114 or ch. 231, 233, 234, or 237.
SB352-SSA1,15,920
16.865
(8) Annually in each fiscal year, allocate as a charge to each agency a
21proportionate share of the estimated costs attributable to programs administered by
22the agency to be paid from the appropriation under s. 20.505 (2) (k). The department
23may charge premiums to agencies to finance costs under this subsection and pay the
24costs from the appropriation on an actual basis. The department shall deposit all
25collections under this subsection in the appropriation account under s. 20.505 (2) (k).
1Costs assessed under this subsection may include judgments, investigative and
2adjustment fees, data processing and staff support costs, program administration
3costs, litigation costs and the cost of insurance contracts under sub. (5). In this
4subsection, "agency" means an office, department, independent agency, institution
5of higher education, association, society or other body in state government created
6or authorized to be created by the constitution or any law, which is entitled to expend
7moneys appropriated by law, including the legislature and the courts, but not
8including an authority created in
subch. II of ch. 114 or ch. 231, 232, 233, 234, 235,
9or 237.
SB352-SSA1,15,1211
19.42
(10) (q) The executive director and members of the board of directors of
12the Wisconsin Aerospace Authority.
SB352-SSA1, s. 26
13Section
26. 20.005 (3) (schedule) of the statutes: at the appropriate place,
14insert the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB352-SSA1,15,1816
20.395
(2) (mq)
Astronautics assistance, state funds. As a continuing
17appropriation, the amounts in the schedule for the state's share of spaceport projects
18and for the Wisconsin Aerospace Authority under subch. II of ch. 114.
SB352-SSA1,16,4
120.395
(2) (mv)
Astronautics assistance, local funds. All moneys received by
2the state from any local unit of government or other source for spaceports and for the
3Wisconsin Aerospace Authority under subch. II of ch. 114 and the loan program
4under s. 114.375, for such purposes.
SB352-SSA1,16,86
20.395
(2) (mx)
Astronautics assistance, federal funds. All moneys received
7from the federal government for spaceports and for the Wisconsin Aerospace
8Authority under subch. II of ch. 114, for such purposes.
SB352-SSA1,16,1410
23.175
(1) (b) "State agency" means any office, department, agency, institution
11of higher education, association, society or other body in state government created
12or authorized to be created by the constitution or any law which is entitled to expend
13moneys appropriated by law, including any authority created under
subch. II of ch.
14114 or ch. 231, 233, 234, or 237 but not including the legislature or the courts.
SB352-SSA1, s. 31
15Section
31. 24.61 (2) (a) 10. of the statutes is created to read:
SB352-SSA1,16,1616
24.61
(2) (a) 10. Bonds of the Wisconsin Aerospace Authority.
SB352-SSA1, s. 32
17Section
32. 25.17 (3) (b) 13. of the statutes is created to read:
SB352-SSA1,16,1818
25.17
(3) (b) 13. Bonds issued by the Wisconsin Aerospace Authority.
SB352-SSA1,17,420
25.50
(1) (d) "Local government" means any county, town, village, city, power
21district, sewerage district, drainage district, town sanitary district, public inland
22lake protection and rehabilitation district, local professional baseball park district
23created under subch. III of ch. 229, family care district under s. 46.2895, local
24professional football stadium district created under subch. IV of ch. 229, local
25cultural arts district created under subch. V of ch. 229, public library system, school
1district or technical college district in this state, any commission, committee, board
2or officer of any governmental subdivision of this state, any court of this state, other
3than the court of appeals or the supreme court, or any authority created under s.
4114.61, 231.02, 233.02 or 234.02.
SB352-SSA1,17,106
32.01
(1) "Person" includes the state, a county, town, village, city, school district
7or other municipal corporation, a board, commission, including a commission created
8by contract under s. 66.0301, corporation, or housing authority created under ss.
966.1201 to 66.1211 or redevelopment authority created under s. 66.1333
or the
10Wisconsin Aerospace Authority created under s. 114.61.
SB352-SSA1,17,1312
32.02
(11m) The Wisconsin Aerospace Authority created under subch. II of ch.
13114.
SB352-SSA1,18,10
1532.05 Condemnation for sewers and transportation facilities. (intro.)
16In this section, "mass transit facility" includes, without limitation because of
17enumeration, exclusive or preferential bus lanes if those lanes are limited to
18abandoned railroad rights-of-way or existing expressways constructed before
19May 17, 1978, highway control devices, bus passenger loading areas and terminal
20facilities, including shelters, and fringe and corridor parking facilities to serve bus
21and other public mass transportation passengers, together with the acquisition,
22construction, reconstruction and maintenance of lands and facilities for the
23development, improvement and use of public mass transportation systems for the
24transportation of passengers. This section does not apply to proceedings in 1st class
25cities under subch. II. In any city, condemnation for housing under ss. 66.1201 to
166.1211, for urban renewal under s. 66.1333, or for cultural arts facilities under
2subch. V of ch. 229, may proceed under this section or under s. 32.06 at the option
3of the condemning authority. Condemnation by a local exposition district under
4subch. II of ch. 229 for any exposition center or exposition center facility may proceed
5under this section or under s. 32.06 at the option of the local exposition district. All
6other condemnation of property for public alleys, streets, highways, airports,
7spaceports, mass transit facilities, or other transportation facilities, gas or leachate
8extraction systems to remedy environmental pollution from a solid waste disposal
9facility, storm sewers and sanitary sewers, watercourses or water transmission and
10distribution facilities shall proceed as follows:
SB352-SSA1,18,1212
40.02
(54) (j) The Wisconsin Aerospace Authority.
SB352-SSA1, s. 38
13Section
38. 66.0603 (1m) (a) 3u. of the statutes is created to read:
SB352-SSA1,18,1414
66.0603
(1m) (a) 3u. Bonds issued by the Wisconsin Aerospace Authority.
SB352-SSA1,18,1916
70.11
(38m) Wisconsin Aerospace Authority. Notwithstanding the provisions
17of s. 70.11 (intro.) that relate to leased property or that impose other limitations, all
18property owned or leased by the Wisconsin Aerospace Authority, provided that use
19of the property is primarily related to the purposes of the authority.
SB352-SSA1,18,2121
71.05
(1) (c) 7. The Wisconsin Aerospace Authority.
SB352-SSA1,18,2523
71.26
(1) (be)
Certain authorities. Income of the University of Wisconsin
24Hospitals and Clinics Authority
and, of the Fox River Navigational System
25Authority
, and of the Wisconsin Aerospace Authority.
SB352-SSA1,19,22
71.26
(1m) (h) Those issued under s. 114.70 or 114.74.
SB352-SSA1,19,44
71.45
(1t) (h) Those issued under s. 114.70 or 114.74.
SB352-SSA1,19,86
77.54
(9a) (a) This state or any agency thereof, the University of Wisconsin
7Hospitals and Clinics Authority,
the Wisconsin Aerospace Authority, and the Fox
8River Navigational System Authority.
SB352-SSA1,19,1610
84.072
(3) Implied consent. Any municipality, county, or other person
,
11including the Wisconsin Aerospace Authority created under subch. II of ch. 114, that
12accepts federal moneys from the appropriations under s. 20.395 (1) (bx), (2) (ax), (dx),
13or (fx),
or (mx), or (3) (bx), (cx), or (ex), or accepts other federal moneys for highway,
14transit,
or, airport
, or spaceport purposes, after September 1, 2001, is considered to
15have given consent to the unified certification disadvantage business program
16administered under this section.
SB352-SSA1,19,2418
85.02
(1) The department may direct, undertake and expend state and federal
19aid for planning, promotion and protection activities in the areas of highways, motor
20vehicles, traffic law enforcement, aeronautics
and astronautics, railroads,
21waterways, specialized transportation services, mass transit systems and for any
22other transportation mode. All state, regional and municipal agencies and
23commissions created under authority of law shall to the extent practicable, when
24dealing with transportation, follow the recommendations made by the secretary.
SB352-SSA1,20,9
1100.45
(1) (dm) "State agency" means any office, department, agency,
2institution of higher education, association, society or other body in state
3government created or authorized to be created by the constitution or any law which
4is entitled to expend moneys appropriated by law, including the legislature and the
5courts, the Wisconsin Housing and Economic Development Authority, the Bradley
6Center Sports and Entertainment Corporation, the University of Wisconsin
7Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities
8Authority,
the Wisconsin Aerospace Authority, and the Fox River Navigational
9System Authority.
SB352-SSA1,20,1811
101.177
(1) (d) "State agency" means any office, department, agency,
12institution of higher education, association, society or other body in state
13government created or authorized to be created by the constitution or any law which
14is entitled to expend moneys appropriated by law, including the legislature and the
15courts, the Wisconsin Housing and Economic Development Authority, the Bradley
16Center Sports and Entertainment Corporation, the University of Wisconsin
17Hospitals and Clinics Authority
, the Wisconsin Aerospace Authority, and the
18Wisconsin Health and Educational Facilities Authority.
SB352-SSA1, s. 49
19Section
49. Chapter 114 (title) of the statutes is amended to read:
SB352-SSA1,20,2121
AERONAUTICS
and astronautics
SB352-SSA1, s. 50
22Section
50. Subchapter I (title) of chapter 114 [precedes 114.001] of the
23statutes is created to read:
SB352-SSA1,21,2
1Subchapter I
2
air TransportatioN
SB352-SSA1,21,104
114.002
(1) "Aeronautics" means the science and art of
aircraft flight and
5including but not limited to transportation by aircraft; the operation, construction,
6repair or maintenance of aircraft, aircraft power plants and accessories, including
7the repair, packing and maintenance of parachutes; the design, establishment,
8construction, extension, operation, improvement, repair or maintenance of airports
9or other air navigation facilities; and instruction in flying or ground subjects
10pertaining thereto.
SB352-SSA1,21,1312
114.002
(3) "Aircraft" means any contrivance invented, used
, or designed for
13navigation of or flight in the air
, but does not include spacecraft.
SB352-SSA1,21,1615
114.002
(11m) "Astronautics" means the science and art of spacecraft flight
16and all activities related thereto.
SB352-SSA1, s. 54
17Section
54. 114.002 (18r), (18s) and (18t) of the statutes are created to read:
SB352-SSA1,21,2018
114.002
(18r) "Spacecraft" means any contrivance invented, used, or designed
19for navigation or flight beyond the earth's atmosphere, including rockets, missiles,
20capsules, modules, and other vehicles, whether with or without passengers.
SB352-SSA1,21,24
21(18s) "Spacecraft launch or landing area" means any area used, or intended for
22use, for launching or landing spacecraft or for surface maneuvering, positioning, or
23preparation of spacecraft for imminent launching or immediately after landing,
24including any launch pad, landing area, or launch or landing control center.
SB352-SSA1,22,4
1(18t) "Spaceport" means any area of land or water that is used, or intended for
2use, as a spacecraft launch or landing area and any appurtenant areas that are used,
3or intended for use, for spaceport buildings or other spaceport facilities or
4rights-of-way, together with all spaceport buildings and facilities located thereon.
SB352-SSA1,22,14
6114.04 Flying and landing, limitations. Flight in aircraft
or spacecraft over
7the lands and waters of this state is lawful, unless at such a low altitude as to
8interfere with the then existing use to which the land or water, or the space over the
9land or water, is put by the owner, or unless so conducted as to be imminently
10dangerous or damaging to persons or property lawfully on the land or water beneath.
11The landing of an aircraft
or spacecraft on the lands or waters of another, without
12the person's consent, is unlawful, except in the case of a forced landing. For damages
13caused by a forced landing, however, the owner or lessee of the aircraft
or spacecraft 14or the aeronaut
or astronaut shall be liable, as provided in s. 114.05.
SB352-SSA1,23,2
16114.05 Damages by aircraft or spacecraft. The liability of the owner, lessee
17and pilot of every aircraft
or spacecraft operating over the lands or waters of this
18state for injuries or damage to persons or property on the land or water beneath,
19caused by the ascent, descent or flight of such aircraft
or spacecraft, or the dropping
20or falling of the aircraft
or spacecraft or of any object or material therefrom, shall be
21determined by the law applicable to torts on land, except that there shall be a
22presumption of liability on the part of the owner, lessee or pilot, as the case may be,
23where injury or damage is caused by the dropping or falling of the aircraft
or
24spacecraft or of any object or material therefrom, which presumption may be
25rebutted by proof that the injury or damage was not caused by negligence on the part
1of the owner, lessee or pilot and the burden of proof in such case shall be upon such
2owner, lessee or pilot to show absence of negligence on his or her part.