Chapter Adm 2

Adm 2.07 History History: Cr. Register, March, 1998, No. 507, eff. 4-1-98; EmR1321: emerg. am. (2) eff. 11-27-13; CR 14-001: am. (2) Register July 2014 No. 703, eff. 8-1-14.

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. Any person who refuses to remove or correct any hazardous situation at the request of any department employee shall be subject to citation pursuant to s. Adm 2.14 (2) (zd). 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 or other displays, decorations, signs, banners, or the like introduced in buildings and facilities managed or leased by the department without the approval of the department or contrary to the manner instructed by 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; EmR1321: emerg. am. (1) (intro.), (d), eff. 11-27-13; CR 14-001: am. (1) (intro.), (d) Register July 2014 No. 703, eff. 8-1-14.

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, unless confiscated pursuant to s. Adm 2.08 (1). Property confiscated pursuant to this chapter may be disposed of 30 days after confiscation if unclaimed.

Adm 2.11 History History: Cr. Register, March, 1998, No. 507, eff. 4-1-98; EmR1321: emerg. am., eff. 11-27-13; CR 14-001: am. Register July 2014 No. 703, eff. 8-1-14.

Adm 2.12 Adm 2.12 Concessions.

Adm 2.12(1) (1) The establishment of concession stands and the granting of vending franchises in buildings and facilities managed or leased by the department rest with the business enterprise program for blind persons, division of vocational rehabilitation, department of workforce development, as specified in s. 47.03, Stats. No other concession stands or vending machines may be operated in the state office buildings and facilities.

Adm 2.12(2) (2) The business enterprise program for blind persons, division of vocational rehabilitation, department of workforce development, shall be tendered the opportunity to establish concession stands and vending franchises under s. 47.03 (5) and (7), Stats., in buildings and facilities leased or rented by the department when the lease permits the activity and a need is apparent. If the business enterprise program for blind persons declines the option, the department may negotiate a vending machine franchise with profits, if any, deposited in the general fund.

Adm 2.12 History History: Cr. Register, March, 1998, No. 507, eff. 4-1-98.

Adm 2.13 Adm 2.13 Building use during closed periods.

Adm 2.13(1) (1) The buildings and facilities managed or leased by the department shall be used by state employees for the purpose of state work. Employees, vendors on state contract, and the public who use the buildings and facilities after those buildings are locked and secured by the managing authority, shall have express written permission of the managing authority.

Adm 2.13(2) (2) The tenant agency shall be responsible for any costs incurred by the department due to the actions of employees, visitors and vendors permitted into buildings and facilities managed or leased by the department by employees of tenant agencies when the buildings and facilities are closed.

Adm 2.13 History History: Cr. Register, March, 1998, No. 507, eff. 4-1-98.

Adm 2.14 Adm 2.14 Rules of conduct.

Adm 2.14(1) (1) The following definitions shall apply under this section:

Adm 2.14(1)(a) (a) “Alcoholic beverage” has the meaning given in s. 125.02 (1), Stats.

Adm 2.14(1)(b) (b) “Cannabis” means the resin extracted from any part of the plant Cannabis sativa L., or any other nonfibrous extract from any part of the plant containing delta-9-tetrahydrocannabinol.

Adm 2.14(1)(c) (c) “Casually possess” means the possession of not more than 28 grams of cannabis or 112 grams of marijuana.

Adm 2.14(1)(d) (d) “Drug paraphernalia” means all equipment, products and materials of any kind as defined in s. 961.571, Stats.

Adm 2.14(1)(e) (e) “Handout” means food, clothing, money or other item of value donated to a person.

Adm 2.14(1)(f) (f) “Marijuana” means all parts of the plant cannabis Sativa L., whether growing or not; the seeds thereof; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds. It does not include cannabis or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or coke, or the sterilized seed of the plant which is incapable of germination.

Adm 2.14(1)(g) (g) “Panhandle” means to beg for money.

Adm 2.14(1)(h) (h) “Practitioner” means all of the following:

Adm 2.14(1)(h)1. 1. A physician, dentist, veterinarian, podiatrist, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this state.

Adm 2.14(1)(h)2. 2. A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in this state.

Adm 2.14(1)(i) (i) “Prostitution” means the solicitation for or acceptance of payment for sexual services.

Adm 2.14(1)(j) (j) “Public place” means a place which is in public ownership or a place to which the public has access, as distinguished from a private place.

Adm 2.14(2) (2) In order to preserve the order that is necessary for the enjoyment of freedom by occupants of and visitors to the buildings and facilities, and in order to prevent activities that physically obstruct access to department lands and buildings or prevent the state from carrying on its instructional, research, public service, or administrative functions, and pursuant to s. 16.846, Stats., whoever does any of the following shall be subject to a forfeiture of not more than $500:

Adm 2.14(2)(a) (a) Without a permit, possesses an open container which contains an alcoholic beverage on the grounds or in public places of those buildings and facilities managed or leased by the department.

Adm 2.14(2)(b) (b) Without a permit, consumes alcoholic beverages on the grounds or in those buildings and facilities managed or leased by the department.

Adm 2.14(2)(c) (c) Smokes a cigarette, a pipe or a cigar in any area which is not designated by sign as a smoking area in those buildings and facilities managed or leased by the department.

Adm 2.14(2)(d) (d) Without authorization, enters private offices or nonpublic areas in those buildings and facilities managed or leased by the department.

Adm 2.14(2)(e) (e) Without the express written approval of the department, uses a public address system or sound amplification system, or any device capable of amplifying sound, including but not limited to musical instruments, in those buildings and facilities managed or leased by the department.

Adm 2.14(2)(f) (f) Fails to comply with any existing noise ordinances of the communities in which those buildings and facilities managed or leased by the department are located unless specified by the department. The department shall first notify the party responsible for the sound amplification equipment or public address system to reduce the level to the prescribed decibel level.

Adm 2.14(2)(fm) (fm) Participates in an event at the Wisconsin State Capitol that engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances where the conduct tends to cause or provoke a disturbance that produces sound in excess of 90 decibels as measured on an “A” weighted decibel scale within 25 feet of the event, and the event hinders or impedes a prime use of the building, including hearings of the Supreme Court of Wisconsin, hearings of any legislative body or committee thereof, meetings between constituents and their constitutional officers, the work of constitutional officers and their respective staffs, educational tours of the building and the like. An officer in determining if the noise exceeds 90 decibels shall use reasonably appropriate testing methods. The department shall first notify the group that their event is not compliant with this subsection and no citation shall be given for a violation of this subsection unless the issuing officer first affords the person an opportunity to stop and disperse. This subsection does not preclude the application of s. Adm 2.14 (2) (k) in any circumstances.

Adm 2.14(2)(g) (g) Fails or refuses to return access devices pursuant to s. Adm 2.15.

Adm 2.14(2)(h) (h) With the intent to annoy another, makes a telephone call from or to a telephone located in those buildings and facilities managed or leased by the department or on state properties surrounding those buildings, whether or not conversation ensues.

Adm 2.14(2)(i) (i) Procures or attempts to procure a handout from another person in a manner or under circumstances manifesting an express or implied threat of coercion. Among the circumstances which may be considered in determining whether such purpose is manifested are any of the following:

Adm 2.14(2)(i)1. 1. The person is a known panhandler.

Adm 2.14(2)(i)2. 2. The person repeatedly and in a threatening fashion beckons to, stops or attempts to stop passersby.

Adm 2.14(2)(i)3. 3. The person engages passersby in threatening conversation.

Adm 2.14(2)(i)4. 4. The person utilizes threatening bodily gestures.

Adm 2.14(2)(im) (im) The violator’s conduct must demonstrate a specific intent to induce, solicit or procure goods or money from another person by threat or coercion. No arrest shall be made for a violation of this subsection unless the arresting officer first affords the person an opportunity to explain their conduct.

Adm 2.14(2)(j) (j) Brings a live animal into those buildings and facilities managed or leased by the department, with the exception of dogs used to assist physically disabled individuals or with the express written permission of the department.

Adm 2.14(2)(k) (k) Engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances where the conduct tends to cause or provoke a disturbance in public places or private areas in those buildings and facilities managed or leased by the department, or on state properties surrounding those buildings.

Adm 2.14(2)(L) (L) For the owner or keeper of any animal, permits the same to run at large in those buildings and facilities managed or leased by the department, or on state properties surrounding those buildings. Animals shall be deemed at large unless under the control of a person or restrained by means of a chain, rope or cord of sufficient strength and of a length not to exceed six feet to control the action of the animal. The department may prohibit animals at certain public events upon notification to the public.

Adm 2.14(2)(m) (m) Without a permit, operates devices such as skateboards, coasters, roller-skates, sleds, toboggans or other similar devices, in those buildings and facilities managed or leased by the department, or on state properties surrounding those buildings.

Adm 2.14(2)(n) (n) Loiters in or near any thoroughfare or public place in a manner and under circumstances for the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether such purpose is manifested are the following:

Adm 2.14(2)(n)1. 1. The person is a known prostitute or panderer.

Adm 2.14(2)(n)2. 2. The person repeatedly beckons to, stops, or attempts to stop or engages male or female passersby in conversation.

Adm 2.14(2)(n)3. 3. The person repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gestures.

Adm 2.14(2)(nm) (nm) The violator’s conduct must be such to demonstrate a specific intent to induce, entice, solicit or procure another to commit an act of prostitution. No arrest shall be made for a violation of this subsection unless the arresting officer affords the person an opportunity to explain their conduct.

Adm 2.14(2)(o) (o) Urinates or defecates in areas that are not officially identified for that purpose in buildings or facilities managed or leased by the department, or on properties surrounding those buildings.

Adm 2.14(2)(p) (p) Enters a locked building or facility managed or leased by the department, or on the grounds surrounding the executive residence, without the approval of the department or the tenant agency.

Adm 2.14(2)(q) (q) Scales or attempts to scale exterior walls of those buildings and facilities managed or leased by the department.

Adm 2.14(2)(r) (r) Casually possess marijuana or cannabis in a public place unless the marijuana or cannabis was obtained directly from or pursuant to a valid prescription or order of a practitioner while acting in the course of their professional practice.

Adm 2.14(2)(s) (s) Uses or possesses with the primary intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance.

Adm 2.14(2)(t) (t) Builds a fire or burns materials in buildings and facilities managed or leased by the department or the grounds that surround them without the express permission of the department.

Adm 2.14(2)(u) (u) Willfully, maliciously or wantonly defaces, injures or destroys any public or private property of another in buildings and facilities managed or leased by the department or on the grounds that surround them.

Adm 2.14(2)(v) (v) Without approval of the department as may be provided for by this chapter, conducts an event in those buildings and facilities managed or leased by the department or on properties surrounding those buildings.

Adm 2.14(2)(vm) (vm) Any participant within or spectator of a group constituting an unlawful event, who intentionally fails or refuses to withdraw from the event after it has been declared unlawful, shall be subject to the penalties identified in this subsection. Any event may be declared unlawful if its participants:

Adm 2.14(2)(vm)1. 1. Intentionally gather, or intentionally remain assembled outside any building or facility managed or leased by the department in any numbers, in any proximity to each other, or in any fashion as to physically hinder entrance to, exit from, or normal use of the building.

Adm 2.14(2)(vm)2. 2. Intentionally congregate or assemble within any building or facility managed or leased by the department in any fashion as to obstruct or seriously impair state-sponsored or state-authorized activities.

Adm 2.14(2)(vm)3. 3. Enter the private office of any state employee, unless invited by the authorized occupant of that office, and then not in excess of the number of visitors designated or invited by the person.

Adm 2.14(2)(vm)4. 4. Obstruct or seriously impair passage through corridors, stairways, doorways, building entrances, fire exits, and reception areas leading to offices in buildings and facilities managed or leased by the department.

Adm 2.14(2)(vm)5. 5. Enter or occupy any building or facility managed or leased by the department, except as authorized by s. Adm 2.04.

Adm 2.14(2)(vm)6. 6. Assemble immediately outside rooms in any building or facility managed or leased by the department at times when they are normally in use for state business.

Adm 2.14(2)(vm)7. 7. Bring signs supported by standards or sticks into a building or facility managed or leased by the department.

Adm 2.14(2)(vm)8. 8. Intentionally create a volume of noise that unreasonably interferes with department-sponsored or authorized activities.

Adm 2.14(2)(vm)9. 9. Intentionally employ force or violence, or intentionally threaten the immediate use of force or violence, against state employees or officials when in buildings or facilities managed or leased by the department.

Adm 2.14(2)(vr) (vr)

Adm 2.14(2)(vr)1. 1. In par. (vm) “intentionally” means that the participant or spectator knew that the participant’s or spectator’s conduct by itself or in conjunction with the conduct of others had or would have the prohibited effect.

Adm 2.14(2)(vr)2. 2. The department may designate a state official or officials who shall have primary authority to implement this paragraph, par. (v), and par. (vm). The official shall prescribe limitations for any event in order to meet the requirements of this chapter. When informed of any event the department official or designee may proceed immediately to the site to determine if there is compliance with these paragraphs. If the official prescribes limitations or has previously prescribed limitations, and those limitations are not observed by the event participants, the official may then declare the event unlawful. Any declaration of illegality or prescription of limitations shall be effective immediately and binding upon the event participants, unless and until modified or reversed.

Adm 2.14(2)(w) (w) Possesses fireworks, as defined in s. 167.10 (1), Stats., on state property without authorization from the department.

Adm 2.14(2)(x) (x) Without consent, intentionally takes, carries away, uses, transfers, conceals, or retains possession of another person’s property valued at $100 or less.

Adm 2.14(2)(y) (y) Knowingly gives false information to a state police or a security officer, with the intent to mislead the officer in the performance of their duty.

Adm 2.14(2)(z) (z) Camps in buildings and facilities managed or leased by the department, or on the grounds that surround them, without the express written approval of the department. No person may place or erect any facility or structure in or on the buildings, facilities or grounds which surround them.