See also ch. Adm 2
, Wis. adm. code.
Control of at least legislative space in the capitol is a shared power between the legislature and executive branches. It logically follows that if the legislature can control the use of legislative space, as it already does in many ways, it can also control the security measures put in place for use of that space. Because there were at the very least some constitutional applications of this provision, the facial challenge to sub. (2m) could not succeed. Service Employees International Union (SEIU), Local 1 v. Vos, 2020 WI 67
, 393 Wis. 2d 38
, 946 N.W.2d 35
State capitol view preservation. 16.842(1)(1)
Except as authorized under this section, no portion of any building or structure located within one mile of the center of the state capitol building may exceed the elevation of 1,032.8 feet above sea level as established by the U.S. coast and geodetic survey.
This section does not apply to any building or structure erected prior to April 28, 1990.
The city of Madison may grant exceptions to the application of sub. (1)
for flagpoles, communications towers, church spires, elevator penthouses, screened air conditioning equipment or chimneys, subject to approval of any plan commission created under s. 62.23 (1)
History: 1989 a. 222
Capitol and state office buildings parking regulations. 16.843(1)(a)
Except as provided in par. (b)
, the parking of motor vehicles at the curb on the capitol park side of the 4 streets surrounding the state capitol park shall be subject to any police regulation that may be enacted by the city of Madison designating the manner of such parking or limiting the length of time which motor vehicles may be so parked in such public streets in the city.
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 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)
Except as authorized in sub. (3)
, the parking of any motor vehicle in any of the 4 driveways of the capitol park leading to the capitol building is prohibited. Parking of any motor vehicle on the grounds of any of the state office buildings shall be in accordance with rules and orders established by the department.
The department shall establish a schedule of fees for parking during the state office hours specified in s. 230.35 (4) (f)
at every state-owned office building for which the department has managing authority and which is located in a municipality served by an urban mass transit system for which state operating assistance is provided under s. 85.20
, if the mass transit system serves a street which passes within 500 feet of the building. In addition, the department shall establish a schedule of fees for parking located in the city of Madison. The department may establish a schedule of fees for parking during other hours at any state-owned office building located in a municipality served by an urban mass transit system for which state operating assistance is provided under s. 85.20
. In addition, the department may establish a schedule of fees for parking at other state facilities located in such a municipality.
Fees established under this subsection for parking at every facility, except the parking specified in par. (cm)
, shall be established so that the total amount collected equals the total costs of:
Notwithstanding par. (bm)
, except as provided in s. 13.488 (1) (L)
, fees need not be imposed by the department for parking in a facility at any state-owned office building in a fiscal year, except the parking specified in par. (cm)
, if the department determines that, for any fiscal year:
Operating expenditures, including administration, collection and maintenance costs, necessitated solely by the implementation of paid parking at the facility in the preceding fiscal year exceeded gross parking revenues for that year; or
Estimated operating expenditures, including administration, collection and maintenance costs, necessitated solely by the implementation of paid parking at the facility will exceed the estimated gross parking revenues for that year.
Fees established under this subsection for parking located in the city of Madison shall be set so that all costs of land acquisition and construction, financing, administration, maintenance and operation are recovered from fee revenue. The department shall review and establish fees under this paragraph on an annual basis such that the costs of administration, maintenance and operation are fully recovered on an annual basis and the costs of land acquisition, construction and financing are fully recovered at the earliest possible time.
Any person violating this subsection or any rule or order adopted pursuant thereto may be required to forfeit not less than $5 nor more than $25.
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)
Such state officers and employees as the governor directs, not to exceed 15.
To facilitate the administration of sub. (3)
, the state protective service shall procure numbered identification tags which correspond with the numbered parking stalls and spaces, and shall issue such tags to applicants eligible under sub. (3)
in accordance with the parking plan approved by the joint committee on legislative organization under sub. (1)
Notwithstanding the limited allocation of parking areas for state purposes under sub. (1)
, the enforcement of parking regulations on the capitol park side of the 4 streets surrounding the state capitol park is vested exclusively in the designated employees of the state protective service.
See also ch. Adm 1
, Wis. adm. code.
Burning bituminous coal near capitol. 16.844(1)(1)
It shall be unlawful to burn any bituminous coal for heating, power or any other purpose or purposes within any of the following blocks surrounding the capitol park in the city of Madison: Blocks 64, 65, 66, 67, 68, 71, 72, 73, 74, 75, 76, 77, 82, 83, 84, 85, 88, 89, 90, 91, 98, 99, 100, 101, 102, 103, 104, 105, 107, 108, 109 and 110 or in the streets or alleys adjoining said blocks, except in smoke preventing furnaces of such an efficiency that no smoke shall be visible emitting from the top or outlet of the stack or chimney.
Any person who shall cause, allow, or permit bituminous coal to be burned in violation of this section shall forfeit the sum of $25 for each day or part thereof during which such violation continues.
The secretary of administration, with the assistance of the department of justice, shall institute proper proceedings to collect fines for and restrain violations of this section.
The limitations contained in this section are imposed for the protection of the state capitol and its contents.
History: 1975 c. 41
; 1989 a. 222
; Stats. 1989 s. 16.844.
Use of state facilities. 16.845(1)(1)
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 or leased from the state by the Fox River Navigational System 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, to the Fox River Navigational System Authority, 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.
“Facility" includes buildings and surrounding and connecting grounds.
“Managing authority" means the board, commission, department or officer responsible by law for the management of the particular facility.
A group of churches is entitled to a permit under this section to use the capitol grounds for a civic or social activity even if the content of program is partly religious in nature. 68 Atty. Gen. 217.
Rules relating to use, care and preservation of property under department control. 16.846(1)(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.
A rule promulgated under par. (a)
may provide that a person who violates the rule is subject to one of the following:
A lesser criminal penalty than the criminal penalty specified in par. (a)
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.
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)
. 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
History: 1995 a. 174
; 1997 a. 35
See also s. Adm 2.14
, Wis. adm. code.
Energy efficiency program. 16.847(1)(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.
“Utility expenses" means expenses incurred to provide heating, cooling and electricity to a state facility.
(2) Energy conservation construction projects. 16.847(2)(a)(a)
The department may provide funding to agencies, as defined in s. 16.70 (1e)
, for energy conservation construction projects at state facilities under the jurisdiction of the agencies to enhance the energy efficiency of the facilities. The department shall prescribe standards for evaluation of proposed projects and allocation of available moneys for those projects under this subsection.
The department shall measure and verify each energy conservation construction project funded under this subsection in accordance with the performance measurement and verification guidelines adopted by the federal Energy Management Program.
The department shall, to the extent feasible, use the procedures under s. 16.858
to carry out energy conservation construction projects funded under this subsection. In any contract entered into by the department under s. 16.858
that is funded under this subsection, the contract shall set forth the minimum savings in energy usage that will be realized by the state from construction of the project and the contractor shall guarantee that the savings will be realized.
The department shall annually assess each agency that receives funding under sub. (2)
in an amount determined by the department equivalent to the agency's proportionate share of the costs incurred under s. 20.867 (3) (kd)
for principal repayment and interest costs on obligations incurred in financing energy conservation construction projects at agency facilities, for payments determined by the building commission under s. 13.488 (1) (m)
that are attributable to the proceeds of those obligations, and for payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a)
. The department may, in addition, assess those agencies for an amount not greater than the amount by which the annual savings, if any, in the agency's energy costs generated as a result of an energy conservation construction project that was funded by the department under sub. (2)
, as determined by the department, exceeds the agency's proportionate share of the costs incurred under s. 20.867 (3) (kd)
. Each agency shall pay any portion of each assessment that is attributable to savings in the agency's energy costs to the department and shall pay the remaining portion of each assessment to the building commission. The department shall credit all revenues received by the building commission under this subsection to the appropriation account under s. 20.867 (3) (kd)
and shall credit all revenues received by the department under this subsection to the appropriation account under s. 20.505 (5) (ke)
(8) Repayment agreements.
The department may annually transfer repayments under agreements to obtain loans from the energy efficiency fund under s. 16.847 (6)
, 1999 stats., from the appropriations specified in the agreements to the general fund. The amount of each annual repayment shall equal the amount of annual savings in utility expenses realized as a result of the energy efficiency project that was funded by a loan. The department shall determine the amount of annual savings in utility expenses realized as a result of an energy efficiency project.
Sale or lease of state property or facilities. 16.848(1)(a)
Except as provided in sub. (2)
, the department may offer for sale or lease any state-owned real property, if the department determines that the sale or lease is in the best interest of the state, unless prohibited under the state or federal constitution or federal law or the sale is conducted as a part of a procedure to enforce an obligation to this state. Any sale may be either on the basis of public bids, with the department reserving the right to reject any bid in the best interest of the state, or on the basis of negotiated prices as determined through a competitive or transparent process. If the department receives an offer to purchase or lease property offered under this subsection, the department may submit a report to the building commission recommending acceptance of the offer. The report shall contain a description of the property and the reasons for the recommendation. The department may recommend the sale or lease of property with or without the approval of the agency, as defined in s. 16.52 (7)
, having jurisdiction over the property and regardless of whether the property is included in an inventory submitted under s. 13.48 (14) (d)
. If the building commission approves the proposed sale or lease, the department shall submit the proposed sale or lease to the joint committee on finance for approval under par. (b)
If the department proposes to sell or lease any property identified in par. (a)
, the department shall first notify the joint committee on finance in writing of its proposed action. The department shall not proceed with the proposed action unless the proposed action is approved by the committee. Together with any notification, the department shall also provide all of the following:
The estimated value of the property as determined by the department and by at least one qualified privately owned assessor.
The full cost of retiring any remaining public debt incurred to finance the acquisition, construction, or improvement of the property.
A cost-benefit analysis that considers the short-term and long-term costs and benefits to the state from selling or leasing the property.
The length and conditions of any proposed sale or lease between this state and a proposed purchaser or lessee.
The estimated budgetary impact of the proposed sale or lease upon affected state agencies for at least the current and following fiscal biennium.
The methodology to ensure the competitive and transparent sale of the property.
Except with respect to property identified in sub. (2)
, if any agency, as defined in s. 16.52 (7)
, has authority to sell or lease real property under any other law, the authority of that agency does not apply after the department notifies the agency in writing that an offer of sale or sale, or a lease agreement, is pending with respect to the property under this paragraph. If the sale or lease is not completed and no further action is pending with respect to the property, the authority of the agency to sell or lease the property is restored. If the department sells or leases any state-owned real property under this paragraph, the department may attach such conditions to the sale or lease as it finds to be necessary or appropriate to carry out the sale or lease in the best interest of the state. If the department sells or leases a state-owned heating, cooling, or power plant under this paragraph, the department may contract with the purchaser or lessee to purchase the output of the plant.
If the department sells or leases any real property under sub. (1)
that was under the jurisdiction of an agency, as defined in s. 16.52 (7)
, prior to the sale or lease, the agency shall convey all systems, fixtures, or additional property interests specified by the department to the purchaser or lessee of the property on terms specified by the department. If the department sells or leases a state-owned heating, cooling, or power plant that is under the jurisdiction of an agency, as defined in s. 16.52 (7)
, the agency shall convey all real and personal property associated with the plant to the purchaser or lessee on terms specified by the department.
If any property that is proposed to be sold by the department under sub. (1)
is co-owned by a nonstate entity, the department shall afford to that entity the right of first refusal to purchase the share of the property owned by the state on reasonable financial terms established by the department.
If the department sells or leases any facility under sub. (1)
that is operated by an agency, as defined in s. 16.52 (7)
, on the day prior to the effective date of the sale or lease the secretary shall, notwithstanding s. 16.50 (1)
, require submission of expenditure estimates for approval under s. 16.50 (2)
for each agency that proposes to expend moneys from any appropriation for the operation of the facility during the fiscal biennium in which the facility is sold or leased.
Notwithstanding s. 16.50 (2)
, the secretary shall disapprove any such estimate for the period during which the facility is not operated by the agency. Subject to approval under par. (d)
, the secretary may then require the use of the amounts of any disapproved expenditure estimates for the purpose of purchase of contractual services from the facility or payment of the costs of purchasing services that were provided by the facility from an alternative source. Subject to approval under par. (d)
, if the department sells or leases a facility under this subsection, the secretary may identify any full-time equivalent positions authorized for the agency that was operating the facility the duties of which primarily relate to the management or operation of the facility, and may decrease the authorized full-time equivalent positions for the agency by the number of positions so identified effective on the effective date of the sale or lease.
Notwithstanding s. 20.001 (3) (a)
and subject to approval under par. (d)
, the secretary may lapse or transfer to the general fund from the unencumbered balance of appropriations to any agency, other than sum sufficient appropriations or appropriations of program revenues to the Board of Regents of the University of Wisconsin System or appropriations of segregated or federal revenues, any amount appropriated to an agency that is determined by the secretary to be allocated for the management or operation of the facility that was sold or leased effective on the effective date of the sale or lease.
Prior to taking any action to reallocate authorized expenditures, decrease authorized positions, or lapse or transfer moneys under par. (b)
, the secretary shall submit the proposed action in writing to the joint committee on finance. The secretary shall not proceed with the proposed action unless the proposed action is approved by the committee.
does not apply to any property for which the cost of acquisition, construction, and improvement was financed with at least 50 percent federal funds or at least 50 percent gift or grant funds.
does not apply to agricultural land acquired by the Board of Regents of the University of Wisconsin System under s. 36.33 (1)