SB347: Bill Text

LRB-2051/1

JTK:nwn:md

2011 - 2012 LEGISLATURE

2011 Senate BILL 347

December 27, 2011 - Introduced by Senators Taylor, Miller, Carpenter, Wirch and Lassa, cosponsored by Representatives C. Taylor, Sinicki, Barca, Grigsby, Berceau, Molepske Jr, Pasch, Bewley, Pope-Roberts and Clark. Referred to Committee on Judiciary, Utilities, Commerce, and Government Operations.

SB347,1,6 An Act to renumber 16.84 (9); to amend 13.90 (9), 15.105 (5), 16.838 (2) to (6), 16.84 (1), 16.84 (8), 16.84 (13), 16.843 (1) (b), 16.843 (3) (intro.), 16.843 (4) and (5), 20.855 (3) (c), 20.865 (2) (e), 101.123 (1) (ar), 227.01 (1), 342.40 (3) (a) and 941.235 (2); and to create 13.491 and 20.765 (5) of the statutes; relating to: creation of a Capitol Council, granting rule-making authority, making appropriations, and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill creates an entity called the Capitol Council, which is given responsibility for the management, operation, maintenance, and repair of the state capitol and the capitol park. The council consists of the governor or his or her designee, the chief justice of the supreme court, the speaker of the assembly, the president of the senate, and one other member who is not a state officer or employee. The chief justice serves as chairperson. Currently, the Department of Administration (DOA) has responsibility for the management, operation, maintenance and repair of the capitol and capitol park. The bill transfers all assets, liabilities, positions, employees, tangible personal property, contracts, rules, orders, and pending matters of DOA that are primarily related to DOA's managerial responsibility for the capitol to the council. The bill also grants rule-making authority to the council to carry out its responsibilities with regard to management, operation, maintenance, repair, and security of the capitol and prescribes penalties for violations of the rules.

Currently, any proposed renovation or installation of fixtures, decorative items, or furnishings on the grounds of the capitol or executive residence is subject to the review and approval of the State Capitol and Executive Residence Board. Currently, the secretary of administration or his or her designee and an architect employed by DOA who is appointed by the secretary serve as members of the board. This bill substitutes the chairperson of the Capitol Council or the chairperson's designee and the architect of the capitol as members of the board.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB347, s. 1 Section 1. 13.491 of the statutes is created to read:

SB347,2,6 13.491 Capitol council. (1) Creation. There is created a capitol council consisting of the governor or his or her designee, the chief justice of the supreme court, the speaker of the assembly, the president of the senate, and one other member who is not a state officer or employee appointed by the governor to serve at the governor's pleasure.

SB347,2,12 (2) Officers. The chief justice of the supreme court shall serve as chairperson of the capitol council. At its first meeting following the first Monday in January of each odd-numbered year, the council shall elect a vice chairperson and secretary from its membership, who shall serve until their successors are elected and qualified. The council shall fill any vacancy in the offices of vice chairperson and secretary and the person elected shall serve until his or her successor is elected and qualified.

SB347,2,15 (3) Expenses. The member of the capitol council who is not a state officer or employee shall be reimbursed for actual, reasonable, and necessary expenses incurred in the performance of his or her duties.

SB347,3,3 (4) Staff. The capitol council shall employ the personnel authorized by law to carry out its functions. The chief staff member shall be known as "the architect of the capitol."

SB347,3,6 (5) Functions. Except as otherwise expressly provided, the capitol council has responsibility for the management, operation, maintenance, repair, and security of the capitol building and capitol park. To this end, the council shall:

SB347,3,10 (a) Let concessions for periods not exceeding 2 years in the capitol, under such terms and conditions as will in its judgment be most favorable to the state, in coordination with the department of workforce development under s. 47.03 (4), (5), (7), and (11).

SB347,3,11 (c) Maintain bicycle storage racks adjacent to the capitol.

SB347,3,25 (d) Subject to appropriations and position authorizations, appoint such number of police officers as is necessary to safeguard the capitol. The council may, to the extent it is necessary, authorize police officers employed by the council to safeguard state officers, state employees, or other persons. A police officer who is employed by the council and who is performing duties that are within the scope of his or her employment as a police officer has the powers of a peace officer under s. 59.28, except that the officer has the arrest powers of a law enforcement officer under s. 968.07 regardless of whether the violation is punishable by forfeiture or criminal penalty. The officer may exercise the powers of a peace officer and the arrest powers of a law enforcement officer while located anywhere within this state. Nothing in this subsection limits or impairs the duty of the chief and each police officer of the police force of the city of Madison to arrest and take before the proper court or magistrate persons found in a state of intoxication or engaged in any disturbance of the peace or violating any state law in the city, as required by s. 62.09 (13).

SB347,4,5 (6) Rules. (a) The capitol council shall promulgate under ch. 227, and shall enforce or have enforced, rules of conduct for the capitol and capitol park. Unless the rule specifies a penalty as provided under par. (b), a person found guilty of violating a rule promulgated under this paragraph shall be fined not more than $100 or imprisoned for not more than 30 days or both.

SB347,4,7 (b) A rule promulgated under par. (a) may provide that a person who violates the rule is subject to one of the following:

SB347,4,8 1. A lesser criminal penalty than the criminal penalty specified in par. (a).

SB347,4,9 2. A forfeiture of not more than $500.

SB347,4,13 (c) A forfeiture under par. (b) 2. may be sued for and collected in the name of the council before any court having jurisdiction of such action. An action for a forfeiture under par. (b) 2. may be brought by the council, by the department of justice at the request of the council, or by a district attorney.

SB347,4,18 (7) Fine and forfeiture revenue. The council shall transmit all fines imposed and collected under this subsection to the county treasurer for disposition in accordance with s. 59.25 (3) (f) and (j). The council shall transmit all forfeitures, including forfeitures of posted bail, if any, imposed and collected under this section to the county treasurer for disposition in accordance with ss. 778.13 and 778.17.

SB347, s. 2 Section 2. 13.90 (9) of the statutes is amended to read:

SB347,4,24 13.90 (9) The joint committee on legislative organization may direct the department of administration capitol council to take possession of any furnishing to which the department capitol council has title under s. 16.838 (2), to restore any furnishing in the department's possession, if necessary, and to locate any such furnishing at the place in the capitol building specified by the committee.

SB347, s. 3 Section 3. 15.105 (5) of the statutes is amended to read:

SB347,5,11 15.105 (5) State capitol and executive residence board. There is created a state capitol and executive residence board, attached to the department of administration under s. 15.03, consisting of the secretary of administration chairperson of the capitol council or the secretary's chairperson's designee, the director of the historical society or the director's designee, an the architect or engineer employed by the department of administration appointed by the secretary of administration of the capitol, 3 senators and 3 representatives to the assembly appointed as are the members of standing committees in their respective houses, and 7 citizen members appointed for staggered 6-year terms of whom at least 2 shall be architects registered under ch. 443, one shall be a landscape architect registered under ch. 443 and 3 shall be interior designers.

SB347, s. 4 Section 4. 16.838 (2) to (6) of the statutes are amended to read:

SB347,5,17 16.838 (2) Title. Title to historically significant furnishings in the possession of any agency or authority, including the senate and assembly, is vested in the capitol council if the furnishings are associated with the capitol. Title to other historically significant furnishings in the possession of an agency or authority, including the senate and assembly, is vested in the department.

SB347,5,21 (3) Acquisition. The capitol council and the department may acquire any historically significant furnishing by purchase or gift. The capitol council and the department shall pay for any such furnishing from the appropriation under s. 20.855 (3) (c).

SB347,6,3 (4) Transfer of possession. The capitol council and the department shall take possession of historically significant furnishings to which the council and the department has have title whenever the department is directed to do so by the joint committee on legislative organization. If a ceding agency or authority requires a replacement for a furnishing that is transferred to the department's possession, the capitol council or the department shall pay for a suitable replacement from the appropriation under s. 20.855 (3) (c).

SB347,6,7 (5) Restoration. The department capitol council shall restore any historically significant furnishing in its possession prior to relocation of the furnishing to the capitol if the joint committee on legislative organization so directs. The department shall pay the cost of such restoration from the appropriation under s. 20.855 (3) (c).

SB347,6,10 (6) Location. The department capitol council shall locate historically significant furnishings in its possession at the places in the capitol specified by the joint committee on legislative organization.

SB347, s. 5 Section 5. 16.84 (1) of the statutes is amended to read:

SB347,6,20 16.84 (1) Have charge of, operate, maintain and keep in repair the state capitol building, the executive residence, the light, heat and power plant, the state office buildings and their power plants, the grounds connected therewith, and such other state properties as are designated by law. All costs of such operation and maintenance shall be paid from the appropriations under s. 20.505 (5) (ka) and (kb), except for debt service costs paid under s. 20.866 (1) (u). The department shall transfer moneys from the appropriation under s. 20.505 (5) (ka) to the appropriation account under s. 20.505 (5) (kc) sufficient to make principal and interest payments on state facilities and payments to the United States under s. 13.488 (1) (m).

SB347, s. 6 Section 6. 16.84 (8) of the statutes is amended to read:

SB347,6,24 16.84 (8) Let concessions for periods not exceeding 2 years in the capitol and state office buildings, under such terms and conditions as will in its judgment be most favorable to the state, and in accordance with s. 47.03 (4), (5), (7) and (11).

SB347, s. 7 Section 7. 16.84 (9) of the statutes is renumbered 13.491 (5) (b).

SB347, s. 8 Section 8. 16.84 (13) of the statutes is amended to read:

SB347,7,3 16.84 (13) Establish bicycle storage racks adjacent to the capitol and all state office buildings.

SB347, s. 9 Section 9. 16.843 (1) (b) of the statutes is amended to read:

SB347,7,17 16.843 (1) (b) Eight areas, for the parking of motor vehicles at the curb on the capitol park side of the 4 streets surrounding the state capitol park, each area as near as lawfully permissible to each near side of the intersections of the streets with the driveways leading to the capitol building, are reserved for the parking of motor vehicles by those persons designated in sub. (3) and only emergency police regulations or city ordinances of the city of Madison are applicable to such areas. The number of motor vehicles to be parked in each area shall be designated in a parking plan approved by the joint committee on legislative organization. The department of administration capitol council shall mark and post the areas and number the parking spaces therein. Parking of motor vehicles in these areas is permitted only by persons whose motor vehicles are identified as specified in sub. (4), and the parking therein of any other vehicle is prohibited and any violation of this prohibition shall be punished as in sub. (2).

SB347, s. 10 Section 10. 16.843 (3) (intro.) of the statutes is amended to read:

SB347,7,21 16.843 (3) (intro.) The following persons or their designees may park motor vehicles identified as provided by sub. (4) in assigned parking stalls and spaces in the parking areas designated in subs. (1) (b) and (2) (a):

SB347, s. 11 Section 11. 16.843 (4) and (5) of the statutes are amended to read: