SB352: Bill Text

SB352,10,18 16.54 (9) (a) 1. "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 ch. 231, 233, 234, or 237.

SB352, s. 19 Section 19. 16.611 (2) (a) and (c) of the statutes are amended to read:

SB352,11,3 16.611 (2) (a) The department shall prescribe, by rule, procedures for the transfer of public records and records of the University of Wisconsin Hospitals and Clinics Authority and of the Wisconsin Aerospace Authority to optical disk or electronic format and for the maintenance of such records stored in optical disk or electronic format, including procedures to ensure the authenticity, accuracy, reliability and accessibility of any public records or records of the University of Wisconsin Hospitals and Clinics Authority or of the Wisconsin Aerospace Authority so transferred and procedures to ensure that such records are protected from unauthorized destruction.

SB352,11,7 (c) The department shall prescribe, by rule, qualitative standards for optical disks and for copies of documents generated from optical disks used to store public records and records of the University of Wisconsin Hospitals and Clinics Authority and of the Wisconsin Aerospace Authority.

SB352, s. 20 Section 20. 16.70 (2) of the statutes is amended to read:

SB352,11,10 16.70 (2) "Authority" means a body created under subch. II of ch. 114 or ch. 231, 232, 233, 234, 235, or 237.

SB352, s. 21 Section 21. 16.75 (1m) of the statutes is amended to read:

SB352,11,24 16.75 (1m) The department shall award each order or contract for materials, supplies or equipment on the basis of life cycle cost estimates, whenever such action is appropriate. Each authority other than the University of Wisconsin Hospitals and Clinics Authority and the Wisconsin Aerospace Authority shall award each order or contract for materials, supplies or equipment on the basis of life cycle cost estimates, whenever such action is appropriate. The terms, conditions and evaluation criteria to be applied shall be incorporated in the solicitation of bids or proposals. The life cycle cost formula may include, but is not limited to, the applicable costs of energy efficiency, acquisition and conversion, money, transportation, warehousing and distribution, training, operation and maintenance and disposition or resale. The department shall prepare documents containing technical guidance for the development and use of life cycle cost estimates, and shall make the documents available to local governmental units.

SB352, s. 22 Section 22. 16.765 (1), (2), (4), (5), (6), (7) (intro.) and (d) and (8) of the statutes are amended to read:

SB352,12,11 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, and the Bradley Center Sports and Entertainment Corporation shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m) or national origin and, except with respect to sexual orientation, obligating the contractor to take affirmative action to ensure equal employment opportunities.

SB352,13,2 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, and the Bradley Center Sports and Entertainment Corporation shall include the following provision in every contract executed by them: "In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause".

SB352,13,7 (4) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, and the Bradley Center Sports and Entertainment Corporation shall take appropriate action to revise the standard government contract forms under this section.

SB352,13,20 (5) The head of each contracting agency and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, and the Bradley Center Sports and Entertainment Corporation shall be primarily responsible for obtaining compliance by any contractor with the nondiscrimination and affirmative action provisions prescribed by this section, according to procedures recommended by the department. The department shall make recommendations to the contracting agencies and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, and the Bradley Center Sports and Entertainment Corporation for improving and making more effective the nondiscrimination and affirmative action provisions of contracts. The department shall promulgate such rules as may be necessary for the performance of its functions under this section.

SB352,14,2 (6) The department may receive complaints of alleged violations of the nondiscrimination provisions of such contracts. The department shall investigate and determine whether a violation of this section has occurred. The department may delegate this authority to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, or the Bradley Center Sports and Entertainment Corporation for processing in accordance with the department's procedures.

SB352,14,9 (7) (intro.) When a violation of this section has been determined by the department, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, or the Bradley Center Sports and Entertainment Corporation, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, or the Bradley Center Sports and Entertainment Corporation shall:

SB352,14,14 (d) Direct the violating party to take immediate steps to prevent further violations of this section and to report its corrective action to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, or the Bradley center sports and entertainment corporation.

SB352,15,2 (8) If further violations of this section are committed during the term of the contract, the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, or the Bradley Center Sports and Entertainment Corporation may permit the violating party to complete the contract, after complying with this section, but thereafter the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, or the Bradley Center Sports and Entertainment Corporation shall request the department to place the name of the party on the ineligible list for state contracts, or the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, or the Bradley Center Sports and Entertainment Corporation may terminate the contract without liability for the uncompleted portion or any materials or services purchased or paid for by the contracting party for use in completing the contract.

SB352, s. 23 Section 23. 16.838 (1) (b) of the statutes is amended to read:

SB352,15,5 16.838 (1) (b) "Authority" means a body created under subch. II of ch. 114 or ch. 231, 232, 233, 234, 235, or 237.

SB352, s. 24 Section 24. 16.85 (2) of the statutes is amended to read:

SB352,15,16 16.85 (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 ch. 231, 233, 234, or 237.

SB352, s. 25 Section 25. 16.865 (8) of the statutes is amended to read:

SB352,16,7 16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a proportionate share of the estimated costs attributable to programs administered by the agency to be paid from the appropriation under s. 20.505 (2) (k). The department may charge premiums to agencies to finance costs under this subsection and pay the costs from the appropriation on an actual basis. The department shall deposit all collections under this subsection in the appropriation account under s. 20.505 (2) (k). Costs assessed under this subsection may include judgments, investigative and adjustment fees, data processing and staff support costs, program administration costs, litigation costs and the cost of insurance contracts under sub. (5). 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 ch. 231, 232, 233, 234, 235, or 237.

SB352, s. 26 Section 26. 19.42 (5) of the statutes is amended to read:

SB352,16,15 19.42 (5) "Department" means the legislature, the University of Wisconsin System, any authority or public corporation created and regulated by an act of the legislature except the Wisconsin Aerospace Authority, and any office, department, independent agency or legislative service agency created under ch. 13, 14 or 15, any technical college district or any constitutional office other than a judicial office. In the case of a district attorney, "department" means the department of administration unless the context otherwise requires.

SB352, s. 27 Section 27. 20.395 (2) (dq) of the statutes is amended to read:

SB352,16,25 20.395 (2) (dq) Aeronautics and astronautics assistance, state funds. As a continuing appropriation, the amounts in the schedule for the state's share of airport projects under ss. 114.34 and 114.35 and spaceport projects; for developing air marking and other air navigational facilities; for administration of the powers and duties of the secretary of transportation under s. 114.31; for costs associated with aeronautical activities under s. 114.31, except for the program under s. 114.31 (3) (b); for the Wisconsin Aerospace Authority under subch. II of ch. 114; and for the administration of other aeronautical and astronautical activities, except aircraft registration under s. 114.20, authorized by law.

SB352, s. 28 Section 28. 20.395 (2) (dv) of the statutes is amended to read:

SB352,17,9 20.395 (2) (dv) Aeronautics and astronautics assistance, local funds. All moneys received by the state from any local unit of government or other source for airports or other aeronautical activities under s. 114.33 or 114.37 and for spaceports, for administration of the powers and duties of the secretary of the department of transportation under s. 114.31, for costs associated with aeronautical activities under s. 114.31, for the Wisconsin Aerospace Authority under subch. II of ch. 114 and the loan program under s. 114.375, and for the administration of other aeronautical and astronautical activities authorized by law, for such purposes.

SB352, s. 29 Section 29. 20.395 (2) (dx) of the statutes is amended to read:

SB352,17,17 20.395 (2) (dx) Aeronautics and astronautics assistance, federal funds. All moneys received from the federal government for airports or other aeronautical activities under s. 114.32 or 114.33 and for spaceports, for administration of the powers and duties of the secretary of transportation under s. 114.31, for costs associated with aeronautical activities under s. 114.31, for the Wisconsin Aerospace Authority under subch. II of ch. 114, and for the administration of other aeronautical and astronautical activities authorized by law, for such purposes.

SB352, s. 30 Section 30. 23.175 (1) (b) of the statutes is amended to read:

SB352,17,23 23.175 (1) (b) "State agency" means any office, department, 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 any authority created under subch. II of ch. 114 or ch. 231, 233, 234, or 237 but not including the legislature or the courts.

SB352, s. 31 Section 31. 24.61 (2) (a) 10. of the statutes is created to read:

SB352,17,25 24.61 (2) (a) 10. Bonds of the Wisconsin Aerospace Authority.

SB352, s. 32 Section 32. 25.17 (3) (b) 13. of the statutes is created to read:

SB352,18,2 25.17 (3) (b) 13. Bonds issued by the Wisconsin Aerospace Authority.

SB352, s. 33 Section 33. 25.50 (1) (d) of the statutes is amended to read:

SB352,18,13 25.50 (1) (d) "Local government" means any county, town, village, city, power district, sewerage district, drainage district, town sanitary district, public inland lake protection and rehabilitation district, local professional baseball park district created under subch. III of ch. 229, family care district under s. 46.2895, local professional football stadium district created under subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229, public library system, school district or technical college district in this state, any commission, committee, board or officer of any governmental subdivision of this state, any court of this state, other than the court of appeals or the supreme court, or any authority created under s. 114.61, 231.02, 233.02 or 234.02.

SB352, s. 34 Section 34. 32.01 (1) of the statutes is amended to read:

SB352,18,19 32.01 (1) "Person" includes the state, a county, town, village, city, school district or other municipal corporation, a board, commission, including a commission created by contract under s. 66.0301, corporation, or housing authority created under ss. 66.1201 to 66.1211 or redevelopment authority created under s. 66.1333 or the Wisconsin Aerospace Authority created under s. 114.61.

SB352, s. 35 Section 35. 32.02 (11m) of the statutes is created to read:

SB352,18,22 32.02 (11m) The Wisconsin Aerospace Authority created under subch. II of ch. 114.

SB352, s. 36 Section 36. 32.05 (intro.) of the statutes is amended to read:

SB352,19,19 32.05 Condemnation for sewers and transportation facilities. (intro.) In this section, "mass transit facility" includes, without limitation because of enumeration, exclusive or preferential bus lanes if those lanes are limited to abandoned railroad rights-of-way or existing expressways constructed before May 17, 1978, highway control devices, bus passenger loading areas and terminal facilities, including shelters, and fringe and corridor parking facilities to serve bus and other public mass transportation passengers, together with the acquisition, construction, reconstruction and maintenance of lands and facilities for the development, improvement and use of public mass transportation systems for the transportation of passengers. This section does not apply to proceedings in 1st class cities under subch. II. In any city, condemnation for housing under ss. 66.1201 to 66.1211, for urban renewal under s. 66.1333, or for cultural arts facilities under subch. V of ch. 229, may proceed under this section or under s. 32.06 at the option of the condemning authority. Condemnation by a local exposition district under subch. II of ch. 229 for any exposition center or exposition center facility may proceed under this section or under s. 32.06 at the option of the local exposition district. All other condemnation of property for public alleys, streets, highways, airports, spaceports, mass transit facilities, or other transportation facilities, gas or leachate extraction systems to remedy environmental pollution from a solid waste disposal facility, storm sewers and sanitary sewers, watercourses or water transmission and distribution facilities shall proceed as follows:

SB352, s. 37 Section 37. 40.02 (54) (j) of the statutes is created to read:

SB352,19,21 40.02 (54) (j) The Wisconsin Aerospace Authority.

SB352, s. 38 Section 38. 66.0603 (1m) (a) 3u. of the statutes is created to read:

SB352,19,23 66.0603 (1m) (a) 3u. Bonds issued by the Wisconsin Aerospace Authority.

SB352, s. 39 Section 39. 70.11 (38m) of the statutes is created to read:

SB352,20,4 70.11 (38m) Wisconsin Aerospace Authority. Notwithstanding the provisions of s. 70.11 (intro.) that relate to leased property or that impose other limitations, all property owned or leased by the Wisconsin Aerospace Authority, provided that use of the property is primarily related to the purposes of the authority.

SB352, s. 40 Section 40. 71.05 (1) (c) 7. of the statutes is created to read:

SB352,20,6 71.05 (1) (c) 7. The Wisconsin Aerospace Authority.

SB352, s. 41 Section 41. 71.26 (1) (be) of the statutes is amended to read:

SB352,20,10 71.26 (1) (be) Certain authorities. Income of the University of Wisconsin Hospitals and Clinics Authority and, of the Fox River Navigational System Authority, and of the Wisconsin Aerospace Authority.

SB352, s. 42 Section 42. 71.26 (1m) (h) of the statutes is created to read:

SB352,20,12 71.26 (1m) (h) Those issued under s. 114.70.

SB352, s. 43 Section 43. 71.45 (1t) (h) of the statutes is created to read:

SB352,20,14 71.45 (1t) (h) Those issued under s. 114.70.

SB352, s. 44 Section 44. 77.54 (9a) (a) of the statutes is amended to read:

SB352,20,18 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, and the Fox River Navigational System Authority.

SB352, s. 45 Section 45. 84.072 (3) of the statutes is amended to read:

SB352,21,2 84.072 (3) Implied consent. Any municipality, county, or other person, including the Wisconsin Aerospace Authority created under subch. II of ch. 114, that accepts federal moneys from the appropriations under s. 20.395 (1) (bx), (2) (ax), (dx), or (fx), or (3) (bx), (cx), or (ex), or accepts other federal moneys for highway, transit, or, airport, or spaceport purposes, after September 1, 2001, is considered to have given consent to the unified certification disadvantage business program administered under this section.

SB352, s. 46 Section 46. 85.02 (1) of the statutes is amended to read:

SB352,21,10 85.02 (1) The department may direct, undertake and expend state and federal aid for planning, promotion and protection activities in the areas of highways, motor vehicles, traffic law enforcement, aeronautics and astronautics, railroads, waterways, specialized transportation services, mass transit systems and for any other transportation mode. All state, regional and municipal agencies and commissions created under authority of law shall to the extent practicable, when dealing with transportation, follow the recommendations made by the secretary.

SB352, s. 47 Section 47. 100.45 (1) (dm) of the statutes is amended to read:

SB352,21,20 100.45 (1) (dm) "State agency" means any office, department, 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, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, and the Fox River Navigational System Authority.

SB352, s. 48 Section 48. 101.177 (1) (d) of the statutes is amended to read:

SB352,22,4 101.177 (1) (d) "State agency" means any office, department, 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, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, and the Wisconsin Health and Educational Facilities Authority.

SB352, s. 49 Section 49. Chapter 114 (title) of the statutes is amended to read:

SB352,22,6 CHAPTER 114

SB352,22,7 AERONAUTICS and astronautics

SB352, s. 50 Section 50. Subchapter I (title) of chapter 114 [precedes 114.001] of the statutes is created to read:

SB352,22,10 Chapter 114

SB352,22,12 Subchapter I air TransportatioN

SB352, s. 51 Section 51. 114.002 (1) of the statutes is amended to read:

SB352,22,20 114.002 (1) "Aeronautics" means the science and art of aircraft flight and including but not limited to transportation by aircraft; the operation, construction, repair or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair or maintenance of airports or other air navigation facilities; and instruction in flying or ground subjects pertaining thereto.

SB352, s. 52 Section 52. 114.002 (3) of the statutes is amended to read:

SB352,22,23 114.002 (3) "Aircraft" means any contrivance invented, used, or designed for navigation of or flight in the air, but does not include spacecraft.

SB352, s. 53 Section 53. 114.002 (11m) of the statutes is created to read:

SB352,23,2 114.002 (11m) "Astronautics" means the science and art of spacecraft flight and all activities related thereto.

SB352, s. 54 Section 54. 114.002 (18r), (18s) and (18t) of the statutes are created to read:

SB352,23,6 114.002 (18r) "Spacecraft" means any contrivance invented, used, or designed for navigation or flight beyond the earth's atmosphere, including rockets, missiles, capsules, modules, and other vehicles, whether with or without passengers.

SB352,23,10 (18s) "Spacecraft launch or landing area" means any area used, or intended for use, for launching or landing spacecraft or for surface maneuvering, positioning, or preparation of spacecraft for imminent launching or immediately after landing, including any launch pad, landing area, or launch or landing control center.

SB352,23,14 (18t) "Spaceport" means any area of land or water that is used, or intended for use, as a spacecraft launch or landing area and any appurtenant areas that are used, or intended for use, for spaceport buildings or other spaceport facilities or rights-of-way, together with all spaceport buildings and facilities located thereon.

SB352, s. 55 Section 55. 114.04 of the statutes is amended to read:

SB352,23,24 114.04 Flying and landing, limitations. Flight in aircraft or spacecraft over the lands and waters of this state is lawful, unless at such a low altitude as to interfere with the then existing use to which the land or water, or the space over the land or water, is put by the owner, or unless so conducted as to be imminently dangerous or damaging to persons or property lawfully on the land or water beneath. The landing of an aircraft or spacecraft on the lands or waters of another, without the person's consent, is unlawful, except in the case of a forced landing. For damages caused by a forced landing, however, the owner or lessee of the aircraft or spacecraft or the aeronaut or astronaut shall be liable, as provided in s. 114.05.

SB352, s. 56 Section 56. 114.05 of the statutes is amended to read:

SB352,24,12 114.05 Damages by aircraft or spacecraft. The liability of the owner, lessee and pilot of every aircraft or spacecraft operating over the lands or waters of this state for injuries or damage to persons or property on the land or water beneath, caused by the ascent, descent or flight of such aircraft or spacecraft, or the dropping or falling of the aircraft or spacecraft or of any object or material therefrom, shall be determined by the law applicable to torts on land, except that there shall be a presumption of liability on the part of the owner, lessee or pilot, as the case may be, where injury or damage is caused by the dropping or falling of the aircraft or spacecraft or of any object or material therefrom, which presumption may be rebutted by proof that the injury or damage was not caused by negligence on the part of the owner, lessee or pilot and the burden of proof in such case shall be upon such owner, lessee or pilot to show absence of negligence on his or her part.