Section 2.04. Public meetings and events.

 

(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:

(a) Does not interfere with the prime use of the building or facility.

(b) Does not unduly burden the managing authority.

(c) Is not a hazard to the safety of the public or state employees nor detrimental to the building or facility.

(d) Does not expose the state to the likelihood of expenses or damages which cannot be recovered.

(e) Is appropriate to the physical context of the building or facility.

(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:

(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.

(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, handicap, 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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

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

(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.

(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.

(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.

(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.

(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.

(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.

(5)  The department and the applicant may not discriminate against any individual on the basis of age, race, creed, color, handicap, 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.

(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) .

(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.

(8)  

(a) The department shall grant a permit to any organization filing a written request to hold a ceremony in the state capitol building or on the state capitol park grounds on veterans day, November 11, for the purpose of commemorating the end of hostilities in the nation's wars. If more than one organization applies for a permit, requests submitted by veterans' organization identified in ch. 188 , Stats. , or s. 15.497 , Stats., shall be given preference. If more than one veterans' organization applies for a permit, the requests shall be processed and the permits granted in the order in which they were received. Notwithstanding any provision of this subsection, the Madison veterans council shall have first priority if it applies for a permit.

(b) The permit shall be issued for any period requested, including business hours, but not to exceed 2 hours. No 2 veterans organizations may be granted permits for the same time period except for organizations conducting joint ceremonies.

(c) A ceremony under this section may include a band or an orchestra, but may not include the discharge of firearms inside the state capitol building.

(9)  If any word, phrase, section, or other portion of this chapter, or any written guidance issued under this chapter's authority, is held unconstitutional or otherwise invalid by a court of competent jurisdiction, then such holding shall not affect the validity of the remainder of this section or any other section in this chapter, which shall remain in force and not be affected by such holding.

(10)  If a person or organization is aggrieved by a decision of the state capitol police staff with respect to the denial, disallowance, or limitation of any permit or advance notice, an appeal may be taken to the chief of state capitol police within 3 business days of that decision. The appeal shall be in writing, stating the basis of the appeal and the relief sought, and attaching any relevant information or documents. The chief of state capitol police may deny an appeal, grant an appeal, or grant an appeal subject to conditions consistent with this chapter. Appeal decisions by the chief of state capitol police shall be in writing and shall be made within 3 business days. Appeals not granted by the chief of state capitol police are deemed denied. Decisions of the chief of state capitol police under this sub-section shall be deemed final agency decisions.

History: Cr. Register, March, 1998, No. 507 , eff. 4-1-98; EmR1321 : emerg. am. (1) (intro.), cr. (1m), am. (2), cr. (2m), (2r), (2z), am. (3), (5), (7), cr. (9), (10), eff. 11-27-13; CR 14-001 : am. (1) (intro.), cr. (1m), am. (2), cr. (2m), (2r), (2z), am. (3), (5), (7), cr. (9), (10) Register July 2014 No. 703 , eff. 8-1-14.

Note

An application for use of state office buildings and facilities may be obtained from the Department of Administration, State Capitol Police, P.O. Box 7864, Madison, Wisconsin 53707. Microsoft Windows NT 6.1.7601 Service Pack 1