Chapter Adm 2

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 Adm 2 Note Note: Chapter Adm 2 as it existed on March 31, 1998, was repealed and a new chapter Adm 2 was created, effective April 1, 1998.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.

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; EmR1321: emerg. am. (1) (a), eff. 11-27-13; CR 14-001: am. (1) (a) Register July 2014 No. 703, eff. 8-1-14.

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(3m) (3m) “Event” includes any performance, ceremony, festival, reception, presentation, meeting, picket, rally, parade, demonstration, organized tours not led by department or legislative staff or officials, or the like, held in public areas of state facilities or buildings. The term “event” does not include activities such as: informal tourist activities or constituents or members of the public visiting elected officials or otherwise conducting routine business with any state agency or state entity.

Adm 2.03(3r) (3r) “Exhibit” includes any display of art work, including but not limited to paintings, sculptures, arts and crafts, photographs, or other artistic materials; public service and educational presentations; signs or banners that are not held by an individual; signs or banners which are held by an individual but which are larger than 28 inches in length or width; historical displays; and the like.

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(6m) (6m) “Spontaneous event” means an event in response to an unforeseen triggering event that has occurred within the previous three (3) calendar days, or is currently occurring. Regularly scheduled events, or events advertised by any means, including but not limited to electronic social media, 3 or more calendar days prior to the starting date are presumptively not “spontaneous events” within the meaning of this chapter.

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; EmR1321: emerg. cr. (3m), (3r), (6m), eff. 11-27-13; CR 14-001: cr. (3m), (3r), (6m) Register July 2014 No. 703, eff. 8-1-14.

Adm 2.04 Adm 2.04 Public meetings and events.

Adm 2.04(1) (1) With the exception of areas in the state capitol building reserved for use by the legislature, the use of which shall be as determined by the legislature, the department, as managing authority of the state office buildings and facilities, may allow buildings and facilities to be used by any person for an event or to display an exhibit 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(1m) (1m) Subject to the discretion of the department, permits shall be allowed for any event or exhibit, and use by a person giving advance notice shall be allowed for any event. The department’s exercise of discretion shall be limited and based upon the following considerations:

Adm 2.04(1m)(a) (a) Events or exhibits, whether based upon permit or advance notice shall not be restricted, denied, or disallowed based upon the content of the event or exhibit.

Adm 2.04(1m)(b) (b) Events or exhibits, whether based upon permit or advance notice shall not be restricted, denied, or disallowed on the basis of age, race, creed, color, disability, marital status, sex, sexual orientation, national origin, ancestry, arrest or conviction record, religion, or political affiliation of the person applying for the permit or giving notice.

Adm 2.04(1m)(c) (c) Events or exhibits, whether based upon permit or advance notice shall be restricted, denied, or disallowed if the requested use conflicts with a previously granted permit.

Adm 2.04(1m)(d) (d) Events or exhibits, whether based upon permit or advance notice shall be restricted, denied, or disallowed if the person, group, or organization requesting the permit or providing the notice has failed to pay any uncontested invoice for expenses or damages arising out past events or exhibits.

Adm 2.04(1m)(e) (e) Permits may be disallowed if the permit application form is not fully completed or signed by a person who is legally competent to contract and to sue or be sued.

Adm 2.04(1m)(f) (f) Events or exhibits, whether based upon permit or advance notice shall be restricted, denied, or disallowed if the permit or notice request contains a material falsehood or misrepresentation.

Adm 2.04(1m)(g) (g) Events or exhibits, whether based upon permit or advance notice may be restricted, denied, or disallowed if the requested use conflicts with planned programs organized and conducted by the department, any state agency, or any state official or body of state officials such as tour groups led by department staff.

Adm 2.04(1m)(h) (h) Events or exhibits, whether based upon permit or advance notice may be restricted, denied, or disallowed if the person, group, or organization requesting the permit or providing the notice has, in the course of receiving a permit in the past, made material misrepresentations regarding the nature or scope of an event or exhibit.

Adm 2.04(1m)(j) (j) Events or exhibits, whether based upon permit or advance notice shall be restricted, denied, or disallowed if the proposed use involves activity prohibited by law.

Adm 2.04(1m)(k) (k) Advance notices may be disallowed, limited, or the use relocated if a permit is subsequently granted for use of the space requested in the advance notice.

Adm 2.04(1m)(L) (L) Conformance with any provision of this chapter, including, but not limited to, s. Adm 2.04 (1).

Adm 2.04(2) (2) An applicant for a permit to use 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 potential conflict between two or more permit requests each request shall be considered in the order it was received.

Adm 2.04(2m) (2m) The department may allow use of a portion of the interior of the state capitol building to a person providing advance notice to the department of an event at least two business days in advance of the anticipated utilization of the building or facility.

Adm 2.04(2r) (2r) The department may allow use of a portion of the interior of the state capitol building to a person providing contemporaneous notice of a spontaneous event.

Adm 2.04(2z) (2z) The department may allow use of the ground floor or first floor of the rotunda of the state capitol building to 12 or fewer persons for an event without any person applying for a permit, without providing advance notice, and without the event being a spontaneous event under this section.

Adm 2.04(3) (3) An applicant for the use of buildings and facilities shall be liable to the state for 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. The department may publish content-neutral guidance further limiting or explaining potential imposition of charges.

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, disability, marital status, sex, sexual orientation, 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 any event or exhibit, 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) (8)