16.844 History
History: 1975 c. 41 s.
51;
1989 a. 222 s.
3; Stats. 1989 s. 16.844.
16.845
16.845
Use of state facilities. 16.845(1)
(1)
Rule; penalty. Except as elsewhere expressly prohibited, the managing authority of any facility owned by the state or by the University of Wisconsin Hospitals and Clinics Authority may permit its use for free discussion of public questions, or for civic, social, recreational or athletic activities. No such use shall be permitted if it would unduly burden the managing authority or interfere with the prime use of such facility. The applicant for use shall be liable to the state or to the University of Wisconsin Hospitals and Clinics Authority for any injury done to its property, for any expense arising out of any such use and for such sum as the managing authority may charge for such use. All such sums payable to the state shall be paid into the general fund and credited to the appropriation account for the operation of the facility used. The managing authority may permit such use notwithstanding the fact that a reasonable admission fee may be charged to the public. Whoever does or attempts to do an act for which a permit is required under this section without first obtaining the permit may be fined not more than $100 or imprisoned not more than 30 days or both. This subsection applies only to those facilities for which a procedure for obtaining a permit has been established by the managing authority.
16.845(2)(a)
(a) "Facility" includes buildings and surrounding and connecting grounds.
16.845(2)(b)
(b) "Managing authority" means the board, commission, department or officer responsible by law for the management of the particular facility.
16.845 History
History: 1971 c. 183;
1995 a. 27.
16.845 Annotation
Group of churches is entitled to permit under this section to use capitol grounds for civic or social activity even if content of program is partly religious in nature. 68 Atty. Gen. 217.
16.846
16.846
Rules relating to use, care and preservation of property under department control. 16.846(1)(a)(a) The department shall promulgate under
ch. 227, and shall enforce or have enforced, rules of conduct for property leased or managed by the department. Unless the rule specifies a penalty as provided under
par. (b), a person found guilty of violating a rule promulgated under this subsection shall be fined not more than $100 or imprisoned for not more than 30 days or both.
16.846(1)(b)
(b) A rule promulgated under
par. (a) may provide that a person who violates the rule is subject to one of the following:
16.846(1)(b)1.
1. A lesser criminal penalty than the criminal penalty specified in
par. (a).
16.846(2)
(2) A forfeiture under
sub. (1) (b) 2. may be sued for and collected in the name of the department before any court having jurisdiction of such action. An action for a forfeiture under
sub. (1) (b) 2. may be brought by the department, by the department of justice at the request of the department, or by a district attorney.
16.846(3)
(3) All fines imposed and collected under this section shall be transmitted to the county treasurer for disposition in accordance with
s. 59.25 (3) (f) and
(j). All forfeitures, including forfeitures of posted bail, if any, imposed and collected under this section shall be transmitted to the county treasurer for disposition in accordance with
ss. 778.13 and
778.17.
16.846 History
History: 1995 a. 174;
1997 a. 35.
16.847
16.847
Energy efficiency program. 16.847(1)(b)
(b) "State facilities" means all property owned and operated by the state for the purpose of carrying out usual state functions, including each institution within the university of Wisconsin system.
16.847(1)(c)
(c) "Utility expenses" means expenses incurred to provide heating, cooling and electricity to a state facility.
16.847(2)
(2) Utility expense budgeting. For all appropriations listed in
sub. (4), an agency shall submit to the department documentation that shows the amounts budgeted and expended by the agency for utility expenses in fiscal year 1993-94 and in fiscal year 1994-95.
16.847(4)
(4) Utility expense appropriations. Subsection (2) applies to all of the following appropriations:
16.847(5)(a)(a) The department shall establish an energy efficiency program to assist agencies in energy conservation. The department shall seek out energy saving opportunities, review and rank energy efficiency projects, award loans under
sub. (6) to agencies for energy efficiency projects and verify energy savings achieved by an energy efficiency project.
16.847(5)(b)
(b) The department may award a loan under
sub. (6) to an agency for any of the following energy efficiency projects:
16.847(5)(b)1.
1. Construction projects that involve remodeling, renovation or similar modifications made to the interior or exterior structure of a building.
16.847(5)(b)2.
2. Nonconstruction projects that include energy efficiency work that is not included under
subd. 1.
16.847(6)
(6) Loans. From the appropriation under
s. 20.505 (5) (q), the department may award a loan to an agency to fund an energy efficiency project. The department may not award a loan under this subsection unless all of the following conditions are satisfied:
16.847(6)(a)
(a) The energy efficiency project generates sufficient utility expense savings to pay back the loan within 6 years.
16.847(6)(b)
(b) The loan funds an energy efficiency project in an existing state facility.
16.847(6)(d)
(d) The energy efficiency project meets any other condition established by the department.
16.847(7)
(7) Loan approval. Loans made under
sub. (6) require approval by the department or the building commission, or both, as follows:
16.847(7)(a)
(a) For any loan, approval by the department under
sub. (6) is required.
16.847(7)(b)
(b) For loans of $100,000 or more, after approval by the department under
par. (a), approval by the building commission is required. Any approval by the building commission does not require enumeration as provided in
s. 20.924 (1).
16.847(8)(a)(a) As a condition of receiving a loan under
sub. (6), an agency shall enter into an agreement to repay the loan from utility expenses saved by the energy efficiency project. The agreement shall specify the annual repayment amount and the appropriation to which the loan shall be repaid. Annually, the department may transfer the specified repayment amount from an appropriation described in the agreement to the same account in the energy efficiency fund from which the loan was made. The department shall determine the amount of utility expenses saved by an energy efficiency project.
16.847(8)(b)
(b) As a condition of receiving a loan under
sub. (6), an agency shall agree that for 6 years after the loan is repaid utility expenses saved by the energy efficiency project shall be allocated as follows:
16.847(8)(b)1.
1. The department may transfer one-third of the annual savings to the general fund.
16.847(8)(b)2.
2. The department may transfer one-third of the annual savings to the energy efficiency fund for maintenance of projects with an energy efficiency benefit and for energy efficiency monitoring.
16.847(8)(b)3.
3. Subject to approval under
s. 13.101 (4), the agency may retain one-third of the annual savings for its general program operations.
16.847(9)
(9) Maintenance, monitoring and education. 16.847(9)(a)(a) From the appropriation under
s. 20.505 (5) (q), the department may expend up to 3% of the total amounts deposited in the energy fund for energy efficiency monitoring and for education programs that provide information about energy efficiency projects or information about energy conservation.
16.847(9)(b)
(b) From the appropriation under
s. 20.505 (5) (q), the department may expend amounts deposited in the energy efficiency fund under
sub. (8) (b) 2. for maintenance of projects with an energy efficiency benefit and for energy efficiency monitoring.
16.847(9)(c)
(c) The department shall monitor the cost and performance of energy efficiency projects funded under this section. The department shall disseminate this information to other state agencies, the manufacturers of energy systems, architects, design engineers, contractors and the general public to promote a broader awareness and knowledge of the savings that may be achieved through energy efficiency projects and the cost and performance of currently available energy systems.
16.847(9)(d)
(d) The department shall establish a pilot program to intensively monitor energy use in selected state facilities to determine the optimal level of monitoring required to do all of the following:
16.847(9)(d)1.
1. Plan and measure energy savings from energy efficiency improvements.
16.847(9)(d)2.
2. Maintain and operate energy systems as efficiently as possible.
ENGINEERING
16.85
16.85
Department of administration; powers, duties. The department of administration shall exercise the powers and duties prescribed by
ss. 16.85 to
16.91:
16.85(1)
(1) To take charge of and supervise all engineering or architectural services or construction work as defined in
s. 16.87 performed by, or for, the state, or any department, board, institution, commission or officer thereof, including nonprofit-sharing corporations organized for the purpose of assisting the state in the construction and acquisition of new buildings or improvements and additions to existing buildings as contemplated under
ss. 13.488,
36.09 and
36.11, except the engineering, architectural and construction work of the department of transportation, the engineering service performed by the department of commerce, department of revenue, public service commission, department of health and family services and other departments, boards and commissions when the service is not related to the maintenance, construction and planning of the physical properties of the state, and energy efficiency projects of the energy efficiency program under
s. 16.847. The department shall not authorize construction work for any state office facility in the city of Madison after May 11, 1990, unless the department first provides suitable space for a day care center primarily for use by children of state employes.
16.85(2)
(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
ch. 231,
233 or
234.
16.85(3)
(3) To act and assist any department, board, commission or officer requesting such cooperation and assistance, in letting contracts for engineering or architectural work authorized by law and in supervising the work done thereunder;
16.85(4)
(4) To approve the appointment of a chief operating engineer for each state-owned or operated heating, cooling or power plant and pumping station, to provide for the methods of operating the plants and stations and to design records and forms for reporting accurately the cost per unit of product or service. The superintendent or other person having charge of each plant or station shall not only report to the agency which operates the plant or station but to the secretary in the manner and at such times as the secretary determines. In this subsection, "agency" has the meaning given under
sub. (2).
16.85(5)
(5) To promote the use of energy conservation methods in state-owned facilities, to implement and refine a statewide energy monitoring system and to develop and implement initiatives of replacing fossil fuels with renewable energy fuels.
16.85(6)
(6) To approve the appointment of a principal engineer or architect for departments, boards and commissions and when such continuous service is needed. No such engineer or architect shall be employed without the written approval of the secretary.
16.85(7)
(7) To rebuild and repair discarded machinery of the several state institutions when found feasible, and put the same back into service in the same department or in any other state department, and upon requisition to furnish services and material and loan equipment at fair rentals based on the cost thereof, in connection with the construction, operation and maintenance of heating and power plants, utilities and equipment.
16.85(8)
(8) The secretary or the secretary's designated assistants shall make a biennial inspection of each building of each institution of the state. The secretary may delegate this responsibility to the board, commission or officer in charge of such institution.
16.85(10)
(10) To prepare in cooperation with the state agencies concerned, plans for the future growth and development of various state institutions and to serve as technical adviser to the building commission in connection with the development of the state long-range building program provided in
ss. 13.48 and
13.482.
16.85(11)
(11) The secretary may delegate any of the work under this subchapter to the various state agencies when the secretary determines that the best interests of the state will be served. All such delegation will be in writing and accompanied by the proper rules and guidelines the agencies must follow to ensure performance to the satisfaction of the secretary.
16.85(12)
(12) To review and approve plans and specifications for any building or structure that is constructed for the benefit of the university of Wisconsin system or any institution thereof, and to periodically review the progress of any such building or structure during construction to assure compliance with the approved plans and specifications.
16.85(14)
(14) To review and approve the design and specifications of any construction or improvement project of the University of Wisconsin Hospitals and Clinics Authority on state-owned land, to approve the decision to construct any such construction or improvement project and to periodically review the progress of the project during construction to assure compliance with the approved design and specifications. This subsection does not apply to any construction or improvement project of the authority that costs less than the amount that is required to be specified in the lease agreement between the authority and the board of regents of the University of Wisconsin System under
s. 233.04 (7) (d).
16.85(15)
(15) Provide or contract for the provision of professional engineering, architectural, project management and other building construction services on behalf of school districts for the installation or maintenance of electrical and computer network wiring. The department shall assess fees for services provided under this subsection and shall credit all revenues received to the appropriation account under
s. 20.505 (1) (im).
16.851
16.851
Plans for state buildings, structures or facilities. Except as the department otherwise provides by rule, records of the department containing plans or specifications for any state-owned or state-leased building, structure or facility, or any proposed state-owned or state-leased building, structure or facility, are not subject to the right of public inspection or copying under
s. 19.35 (1). If the department transfers any records containing any such plans or specifications to any other authority as defined in
s. 19.32 (1), the department shall require the authority to agree in writing not to make the record available for public inspection or copying except as the department otherwise permits by rule.
16.851 History
History: 1995 a. 27.
16.854
16.854
Services provided to professional baseball park districts. 16.854(1)(c)
(c) "Women's business" means a sole proprietorship, partnership, joint venture or corporation that is at least 51% owned, controlled and actively managed by women.
16.854(2)
(2) Subject to the requirements of
s. 16.82 (7), the department may, upon request of any local professional baseball park district, if the district has entered into a lease agreement with the department under
s. 16.82 (7), take charge of and supervise engineering or architectural services or construction work, as defined in
s. 16.87, performed by, or for, the district for compensation to be agreed upon between the department and the district. In connection with such services or work, the department may furnish engineering, architectural, project management and other building construction services whenever requisitions therefor are presented to the department by the district. If the district has entered into a lease agreement with the department under
s. 16.82 (7), the department may also assist the district, upon request of the district, in letting contracts for engineering, architectural or construction work authorized by law and in supervising the work done thereunder. The department may award any such contract for any combination or division of work it designates and may consider any factors in awarding a contract including price, time for completion of work and the qualifications and past performance of a contractor. In awarding contracts under this section for the construction of baseball park facilities, as defined in
s. 229.65 (1), the department shall ensure that any person who is awarded a contract agrees, as a condition to receiving the contract, that his or her goal shall be to ensure that at least 25% of the employes hired because of the contract will be minority group members and at least 5% of the employes hired because of the contract will be women. It shall also be a goal of the department to ensure that at least 25% of the aggregate dollar value of contracts awarded for the construction of such facilities in the following areas are awarded to minority businesses and at least 5% of the aggregate dollar value of contracts awarded for the construction of such facilities in the following areas are awarded to women's businesses:
16.854(2)(a)
(a) Contracts for the construction of baseball park facilities.
16.854(2)(b)
(b) Contracts for professional services related to the construction of baseball park facilities.
16.854(2)(c)
(c) Contracts for the development of baseball park facilities.
