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Chapter Adm 2
USE OF STATE BUILDINGS AND FACILITIES
Adm 2.01 Managing authority.
Adm 2.02 Designation of state office buildings and facilities.
Adm 2.03 Definitions.
Adm 2.04 Public meetings and events.
Adm 2.05 Personal and commercial solicitation.
Adm 2.06 Handbills and other literature.
Adm 2.07 Exterior and interior displays and decorations.
Adm 2.08 Introduction of equipment and hazards.
Adm 2.09 Leasehold improvements.
Adm 2.10 Furniture and other furnishings.
Adm 2.11 Confiscation of materials.
Adm 2.12 Concessions.
Adm 2.13 Building use during closed periods.
Adm 2.14 Rules of conduct.
Adm 2.15 Access devices.
Ch. Adm 2 Note Note: Chapter Adm 2 as it existed on March 31, 1998, was repealed and a new chapter Adm 2 was created, effective April 1, 1998.
Adm 2.01 Adm 2.01 Managing authority. The managing authority, as defined in s. 16.845 (2) (b), Stats., of the state office buildings and facilities shall be the department as provided in s. 16.84 (1), Stats. The department, when lessee, shall be the managing authority of properties leased or rented by the state of Wisconsin.
Adm 2.01 History History: Cr. Register, March, 1998, No. 507, eff. 4-1-98.
Adm 2.02 Adm 2.02 Designation of state office buildings and facilities.
Adm 2.02(1)(1) The following buildings and facilities are hereby designated as state office buildings and facilities for the purpose of use management under this chapter:
Adm 2.02(1)(a) (a) State capitol building, except those rooms reserved by the legislature.
Adm 2.02(1)(b) (b) State capitol park.
Adm 2.02(1)(c) (c) Any other buildings and facilities currently owned and hereafter constructed, purchased, or acquired by the state including lands and structures acquired for site development, when said buildings, facilities, and lands are under the managing authority of the department.
Adm 2.02(2) (2) Real properties leased or rented by the state of Wisconsin with the department as lessee and agent are hereby designated as state office buildings and facilities for the purpose of use management under this chapter. Law enforcement services may be provided for state agencies at such facilities by an agreement with the department.
Adm 2.02(3) (3) The executive residence and grounds, 99 Cambridge Road, Village of Maple Bluff, Madison, Wisconsin, is hereby designated as a state building for the purpose of use management under this chapter. The prime use of this building and grounds is as a private residence for the governor of Wisconsin and the managing authority shall permit only public utilization which does not encroach upon the privacy of a residence, and shall permit any utilization only with the consent of the governor.
Adm 2.02 History History: Cr. Register, March, 1998, No. 507, eff. 4-1-98.
Adm 2.03 Adm 2.03 Definitions. In this chapter:
Adm 2.03(1) (1) "Closed building" means the building is not open to public access and access must be gained by key, access card, electronic means or by a representative of the department.
Adm 2.03(2) (2) "Commercial enterprise" includes any effort directed at personal or corporate gain, or any sales or solicitation to sell.
Adm 2.03(3) (3) "Department" means the department of administration.
Adm 2.03(4) (4) "Graphic or artistic material" includes all items introduced to inform, educate, advertise, promote, identify, or decorate.
Adm 2.03(5) (5) "Permit" means written permission from the department specifying that a function or act will be authorized at a given location, date, and time in accordance with s. 16.845, Stats.
Adm 2.03(6) (6) "Political activity" includes activities of partisan and nonpartisan candidates, political organizations and political parties.
Adm 2.03(7) (7) "Tenant agency" includes all boards, commissions, departments or bodies connected with state government, housed in a state office building or facility, or in property leased or rented by the department.
Adm 2.03 History History: Cr. Register, March, 1998, No. 507, eff. 4-1-98.
Adm 2.04 Adm 2.04 Public meetings and events.
Adm 2.04(1) (1) The department, as managing authority of the state office buildings and facilities, may permit buildings and facilities to be used by any governmental body or official, or any nonprofit, fraternal, religious, or veterans' organization for the purpose of governmental business, public meetings for the free discussion of public questions, or for activities of a broad public purpose if the use:
Adm 2.04(1)(a) (a) Does not interfere with the prime use of the building or facility.
Adm 2.04(1)(b) (b) Does not unduly burden the managing authority.
Adm 2.04(1)(c) (c) Is not a hazard to the safety of the public or state employees nor detrimental to the building or facility.
Adm 2.04(1)(d) (d) Does not expose the state to the likelihood of expenses or damages which cannot be recovered.
Adm 2.04(1)(e) (e) Is appropriate to the physical context of the building or facility.
Adm 2.04(2) (2) An applicant for the use of buildings and facilities shall complete a written application to the department at least 72 hours in advance of the anticipated utilization of the building or facility. In the event of a conflict of requests by 2 or more organizations, the department shall have full discretion when permitting use of state office buildings and facilities.
Adm 2.04(3) (3) An applicant for the use of buildings and facilities shall be liable to the state for any injury to the state's property, for any expense arising out of the use, and for such sums as the department may charge for the use as provided in s. 16.845 (1), Stats.
Adm 2.04(4) (4) An applicant may charge a reasonable admission fee to the public, subject to the approval and pursuant to the conditions established by the department.
Adm 2.04(5) (5) The department and the applicant may not discriminate against any individual on the basis of age, race, creed, color, handicap, marital status, sex, national origin, ancestry, arrest record or conviction record in the utilization of state office buildings and facilities for government business, public meetings for free discussion of public questions, or for civic activities.
Adm 2.04(6) (6) The utilization of state office buildings and facilities by an organization shall not imply endorsement or approval by the state of Wisconsin or the department, nor the extension of special privilege. Likewise, the refusal by the department to permit use of a state office building or facility shall not be interpreted as disapproval or censure of any organization, but shall be for any violations of the conditions set forth in sub. (1) (a) to (e).
Adm 2.04(7) (7) The granting of permission to use a state office building or facility does not obligate the department to furnish the applicant any service or utilities, or render any support with personnel, equipment, or supplies. The department may furnish assistance and may charge for any expense arising out of the use of a building or facility. The department may inspect any equipment or apparatus brought in for a public meeting, event or activity, and may limit or prohibit the use of any items which might affect safety or the normal operation of the building.
Adm 2.04(8)(a)(a) The department shall grant a permit to any organization filing a written request to hold a ceremony in the state capitol building or on the state capitol park grounds on veterans day, November 11, for the purpose of commemorating the end of hostilities in the nation's wars. If more than one organization applies for a permit, requests submitted by veterans' organization identified in ch. 188, Stats., or s. 15.497, Stats., shall be given preference. If more than one veterans' organization applies for a permit, the requests shall be processed and the permits granted in the order in which they were received. Notwithstanding any provision of this subsection, the Madison veterans council shall have first priority if it applies for a permit.
Adm 2.04(8)(b) (b) The permit shall be issued for any period requested, including business hours, but not to exceed 2 hours. No 2 veterans organizations may be granted permits for the same time period except for organizations conducting joint ceremonies.
Adm 2.04(8)(c) (c) A ceremony under this section may include a band or an orchestra, but may not include the discharge of firearms inside the state capitol building.
Adm 2.04 Note Note: An application for use of state office buildings and facilities may be obtained from the Department of Administration, State Capitol Police, P.O. Box 7864, Madison, Wisconsin 53707.
Adm 2.04 History History: Cr. Register, March, 1998, No. 507, eff. 4-1-98.
Adm 2.05 Adm 2.05 Personal and commercial solicitation.
Adm 2.05(1)(1) No person or organization may solicit contributions for charitable or nonprofit organizations within the state office buildings and facilities, upon the grounds thereof, or within state capitol park without express written approval of the department.
Adm 2.05(2) (2) No person or organization may solicit to sell or consummate sale of any merchandise or service within the state office buildings and facilities, upon the grounds thereof, or within state capitol park without the express written approval of the department.
Adm 2.05 History History: Cr. Register, March, 1998, No. 507, eff. 4-1-98.
Adm 2.06 Adm 2.06 Handbills and other literature.
Adm 2.06(1) (1) No handbills, literature, promotional materials or devices which advertise, promote or identify a commercial enterprise may be distributed within or on the grounds of the state office buildings and facilities or on the grounds of state capitol park without the express written authority of the department. The department may enforce the size, advertising message and location for distribution of permitted materials.
Adm 2.06(2) (2) No person may litter in any state building or facility, or on state grounds by the distribution of handbills, literature, promotional materials or devices. Regulation of conduct in respect to littering shall be under the provision of s. 16.84 (2), Stats., and the respective anti-litter ordinances of the municipalities in which state office buildings and facilities are located.
Adm 2.06(3) (3) If the department approves a request to distribute handbills, literature or promotional materials on or in buildings and facilities managed or leased by the department, the department shall designate the time and location for the distribution.
Adm 2.06 History History: Cr. Register, March, 1998, No. 507, eff. 4-1-98.
Adm 2.07 Adm 2.07 Exterior and interior displays and decorations.
Adm 2.07(1)(1)Flags. The United States flag and the flag of the state of Wisconsin shall be the only flags flown, hung, or displayed from any state office building or facility, except as the governor may direct.
Adm 2.07(2) (2)Displays and decorations. No displays, signs, banners, placards, decorations or graphic or artistic material may be erected, attached, mounted or displayed within or on the building or the grounds of any state office building or facility without the express written authority of the department. Any graphic or artistic material advertising, promoting, or identifying a commercial enterprise or a political activity is prohibited except as indicated in sub. (4). Any unauthorized material shall be removed and disposed of by the department. The department may set reasonable time limits on permitted activities.
Adm 2.07(3) (3)Unauthorized material. The use of stickers, labels, cellophane pressure sensitive tape, screws, nails or any other mounting technique adversely affecting the structural or decorative integrity of a state office building or facility is prohibited. Where there has been a violation, the material will be immediately removed and the cost of restoration may be charged to the person or agency responsible.
Adm 2.07(4) (4)Department approval. Commercial organizations sponsoring a non-profit event may be acknowledged during that event with permission of the department. The department may specify the size and location of any display, sign, banner or graphic and artistic material, as indicated in sub. (2).
Adm 2.07 History History: Cr. Register, March, 1998, No. 507, eff. 4-1-98.
Adm 2.08 Adm 2.08 Introduction of equipment and hazards.
Adm 2.08(1)(1) To provide a place of employment that is safe for employees and frequenters thereof, pursuant to s. 101.11, Stats., the department shall have the right to confiscate and dispose of any hazard to the life, health, safety or welfare of state employees or the public. The department shall have the right to correct or eliminate any hazardous situation arising out of any action by a tenant agency or individual and to charge the tenant agency or individual for costs incurred to correct or eliminate any hazardous situation or practice by a tenant agency. These hazards include, but are not limited to, the following:
Adm 2.08(1)(a) (a) Supplies, goods or materials stored in the public corridors of the buildings and facilities managed or leased by the department.
Adm 2.08(1)(b) (b) Any equipment, apparatus or machines which fail to comply with the state administrative code and local fire code, unless exempted. All equipment shall be approved by the department prior to delivery and installation.
Adm 2.08(1)(c) (c) Any personal property introduced into buildings and facilities managed or leased by the department if the operation of said property is dependent upon the electrical or other utility service of the building, without prior express written approval of the department. The department shall not be liable for any personal property located within buildings and grounds controlled by the department regardless of whether the property is or is not permitted.
Adm 2.08(1)(d) (d) Holiday trees or holiday decorations introduced in buildings and facilities managed or leased by the department without the approval of the department.
Adm 2.08(1)(e) (e) Parked bicycles as defined in s. 340.01 (5), Stats., mopeds as defined in s. 340.01 (29m), Stats., motor bicycles as defined in s. 340.01 (30), Stats., and motorcycles as defined in s. 340.01 (32), Stats., on or in buildings and facilities managed or leased by the department, except in designated parking stalls or bicycle racks. State-owned two- and three-wheeled cycles are exempt from the provisions of this section.
Adm 2.08(1)(f) (f) The introduction or use of equipment that causes interference to electrical and mechanical systems in buildings and facilities managed or leased by the department, or creates a condition in violation of state administrative code. Violators may be responsible for all costs incurred by the department for any violations.
Adm 2.08(2) (2) A tenant agency shall not allow materials to accumulate in buildings and facilities managed or leased by the department in such a way as to create a hazard or to interfere with the efficient operation or maintenance of ventilation or other building systems.
Adm 2.08 History History: Cr. Register, March, 1998, No. 507, eff. 4-1-98.
Adm 2.09 Adm 2.09 Leasehold improvements. A tenant shall not make leasehold improvements nor introduce window treatments, floor coverings or private property in a building or facility managed or leased by the department without the express written approval of the managing authority. Leasehold improvements include, but are not limited to, structural changes or modifications, systems furniture work stations, or additions and changes in lighting, heating, ventilation, telephone systems and data networks. Title to approved leasehold improvements shall remain with the managing authority regardless of the source of funds. Window treatments and floor coverings include, but are not limited to, drapes, blinds, rugs and carpeting. Private personal property includes furniture and other furnishings not owned by the state. Contractors hired by tenant agencies to install or maintain leasehold improvements shall be approved by the managing authority and shall report each day to the managing authority prior to starting work.
Adm 2.09 History History: Cr. Register, March, 1998, No. 507, eff. 4-1-98.
Adm 2.10 Adm 2.10 Furniture and other furnishings. Furniture and other furnishings purchased from building project funds or department appropriations shall remain an asset of the building under the direction of the managing authority. When a tenant agency moves, it may take only those items of furniture and equipment purchased from its agency funds.
Adm 2.10 History History: Cr. Register, March, 1998, No. 507, eff. 4-1-98.
Adm 2.11 Adm 2.11 Confiscation of materials. Property confiscated by the department for violation of this chapter shall be stored by the managing authority until the owner provides proof of ownership.
Adm 2.11 History History: Cr. Register, March, 1998, No. 507, eff. 4-1-98.
Adm 2.12 Adm 2.12 Concessions.
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