2015 - 2016 LEGISLATURE
January 15, 2016 - Introduced by Representatives Ripp, E. Brooks, Czaja, Krug,
Loudenbeck, Tauchen and A. Ott, cosponsored by Senator Petrowski.
Referred to Committee on Colleges and Universities.
1An Act to repeal
36.33 (3) and 36.33 (5); to amend
13.48 (2) (b) 1m., 13.48 (14) 2
(d), 36.33 (title), 36.33 (1), 36.33 (2) (a) (intro.), 36.33 (2) (b), 36.33 (4) and 3
36.335; and to create
13.48 (14) (am) 5., 16.848 (2) (b) and 36.33 (3m) of the 4
statutes; relating to: authority of the University of Wisconsin System Board
5of Regents regarding agricultural land.
Analysis by the Legislative Reference Bureau
This bill expands the authority of the Board of Regents of the University of
Wisconsin (UW) System regarding agricultural land. Subject to the approval of the
Building Commission, current law allows the Board of Regents to sell or lease
specified tracts of agricultural land and improvements thereon. The Board of
Regents must use the net proceeds from selling the specified tracts for the purpose
of purchasing agricultural land outside the urban area of the city of Madison and
constructing improvements thereon. However, the Board of Regents must obtain the
approvals of the Building Commission and governor for those purchases. If the net
proceeds exceed the amount required for those purchases, current law provides that
the excess constitutes a nonlapsible fund of no more than $7,200,000 for erecting
facilities for research and instruction in animal husbandry, agricultural
engineering, and agricultural and life sciences at the UW-Madison. Current law
requires the Building Commission to authorize expenditures from the fund. Current
law also includes legislative findings regarding why it is in the public interest to
allow the Board of Regents to purchase, sell, and lease agricultural land. One of the
findings concerns the problems resulting from development of the city of Madison
around agricultural lands of the UW-Madison.
The bill allows the Board of Regents to sell or lease agricultural land without
the approval of the Building Commission. The bill eliminates the references to the
specified tracts of land and allows the Board of Regents to sell or lease agricultural
land used by the UW-Madison regardless of the land's location for the purpose of
agricultural instruction and research. The bill also allows the Board of Regents, for
the same purpose, to purchase or otherwise acquire land without the approval of the
Building Commission or governor. The bill modifies the legislative finding regarding
the problems of development to refer to the problems of development of any city,
village, town, or county around agricultural land of the UW-Madison.
The bill also allows the Board of Regents, without Building Commission
approval, to exchange part or all of any parcel of agricultural land used by the
UW-Madison for any other land of approximately equal value if the exchange is for
the purpose described above. Also, the lands exchanged must be of a like kind. In
addition, before making an exchange, the bill requires the Board of Regents to
determine that the exchange contributes to the consolidation or completion of a block
of land, enhances the conservation of agricultural lands, or is otherwise in the public
The bill eliminates the requirements under current law regarding the net
proceeds of the Board of Regent's sale of agricultural lands. Instead, the bill requires
that the net proceeds of sales, leases, exchanges, purchases, or other acquisitions of
agricultural land must deposited into a nonlapsible fund, which must be used to
purchase additional land as allowed under the bill or to erect facilities for research
and instruction in animal husbandry, agricultural engineering, and agricultural and
life sciences at the UW-Madison. However, the fund may be used only upon the
consent and recommendation of the Board of Regents. In addition, authorization of
the Building Commission is required for the fund to be used to erect facilities.
Building Commission authorization is not required to use the fund for the purchase
Finally, current law authorizes the Building Commission and the Department
of Administration to sell or lease state-owed real property. The bill exempts from
that authority agricultural land of the Board of Regents that is used for the purposes
described above. Current law also requires the Building Commission to approve the
UW System's acceptance of gifts, grants, or bequests of real property with a value of
more than $150,000. Under the bill, Building Commission approval is not required
if the real property is agricultural land that is acquired by the Board of Regents for
the purposes described above.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
13.48 (2) (b) 1m. of the statutes is amended to read:
(b) 1m. The University of Wisconsin System may not accept any gift, 3
grant or bequest of real property with a value in excess of $150,000 or any gift, grant 4
or bequest of a building or structure that is constructed for the benefit of the system 5
or any institution thereof without the approval of the building commission. This
6subdivision does not apply to agricultural land acquired by the Board of Regents of
7the University of Wisconsin System under s. 36.33 (1).
13.48 (14) (am) 5. of the statutes is created to read:
(am) 5. This paragraph does not apply to agricultural land acquired 10
by the Board of Regents of the University of Wisconsin System under s. 36.33 (1).
13.48 (14) (d) of the statutes is amended to read:
(d) Biennially, beginning on January 1, 2014, each agency other than 13
the investment board shall submit to the department of administration an inventory 14
of all real property under its jurisdiction. Except with respect to the Board of Regents 15
of the University of Wisconsin System, the inventory shall include the estimated fair 16
market value of each property. The agency shall specifically identify any 17
underutilized assets in the inventory. No later than July 1 following receipt of the 18
inventories, the department of administration shall obtain appraisals of all 19
properties in the inventories that are identified by the department for potential sale 20
and shall submit to the building commission an inventory containing the location, 21
description and fair market value of each parcel of property identified for potential 22
sale. This paragraph does not apply to the agricultural land acquired by the Board
23of Regents of the University of Wisconsin System under s. 36.33 (1).
16.848 (2) (b) of the statutes is created to read:
(b) Subsection (1) does not apply to agricultural land acquired by the 2
Board of Regents of the University of Wisconsin System under s. 36.33 (1).
36.33 (title) of the statutes is amended to read:
(title) Sale or lease and relocation of agricultural Agricultural
36.33 (1) of the statutes is amended to read:
36.33 (1) Legislative intent.
The legislature finds and determines that, 8
because of the problems resulting from the development of the city of Madison cities,
9villages, towns, and counties
around certain agricultural lands of the University of 10
Wisconsin-Madison, the desirability of consolidating lands used for agricultural 11
instruction, research and extension purposes, the desirability of disposing of 12
agricultural lands no longer needed by the university and the need for land of better 13
quality and of greater quantity for the purpose of improving and expanding 14
agricultural research, it is in the public interest for the board to sell or,
in whole or in part, and subject to any prior action under s. 13.48 (14) (am)
16or 16.848 (1),
the agricultural lands and improvements thereon owned by the board 17and located in sections 19, 20 and 30, township 7 north, range 9 east, Dane County;
18sections 25 and 27, township 7 north, range 8 east, Dane County; sections 34 and 35,
19township 38 north, range 11 east, Oneida County; and section 22, township 22 north,
20range 8 east, Portage County; and used by the University of Wisconsin-Madison for
21the purpose of agricultural instruction and research
and to purchase or otherwise
other agricultural lands outside of the Madison urban area and to construct
23thereon the necessary buildings and improvements or other lands intended to be
24used by the University of Wisconsin-Madison for the purpose of agricultural
25instruction and research
. The foregoing policy determination is made without
reference to or intention of limiting the powers which the board may otherwise have. 2The purchase or acquisition of lands or interests therein under this subsection is
3exempt from s. 20.914 (1).
36.33 (2) (a) (intro.) of the statutes is amended to read:
(a) (intro.) Subject to any prior action under s. 13.48 (14) (am) or
616.848 (1), the The
board, in selling or leasing any part of the agricultural lands and 7
improvements thereon, mentioned in under
sub. (1), shall sell or lease on the basis 8
of either of the following:
36.33 (2) (b) of the statutes is amended to read:
(b) Notwithstanding any provisions of law to the contrary, the lands 11in Dane County mentioned in sold, leased, or exchanged under
sub. (1) shall be 12
subject to special assessments for public improvements by the city of Madison cities,
13villages, and towns
, in the same manner and to the same extent as privately owned 14
lands, if the public improvements are of direct and substantial benefit to the lands 15
that have been platted for sale.
36.33 (3) of the statutes is repealed.
36.33 (3m) of the statutes is created to read:
36.33 (3m) Exchange.
The board may exchange under sub. (1) part or all of any 19
parcel of agricultural land for any other land of approximately equal value if all of 20
the following are satisfied:
(a) The lands exchanged are of a like kind.
(b) The board determines that the exchange contributes to the consolidation or 23
completion of a block of land, enhances the conservation of agricultural lands, or is 24
otherwise in the public interest.
36.33 (4) of the statutes is amended to read:
36.33 (4) Proceeds.
The net proceeds from the sale, lease, exchange, purchase,
2or other acquisition
of agricultural lands and improvements authorized by this
3section shall be devoted to the purchase of land and construction of improvements
4contemplated in sub. (1) but of any excess of revenue beyond the amount required for
5this purpose a sum not to exceed $7,200,000 shall constitute under sub. (1) shall be
a nonlapsible fund for the purpose of purchasing additional land
7under sub. (1) or
erecting facilities for research and instruction in animal husbandry, 8
and agricultural and life sciences at the University of 9
Wisconsin-Madison, and such. Such
funds shall become available only
upon consent 10
and recommendation of the board and, if used for the erection of facilities, upon 11
authorization by the building commission. Authorization of the building commission
12is not required to make such funds available for the purchase of land.
36.33 (5) of the statutes is repealed.
36.335 of the statutes is amended to read:
1536.335 Sale of other land; buildings and structures. Except as provided
16in s. 36.33, if If
the board sells any real property under its jurisdiction, the board shall 17
credit the net proceeds of the sale to the appropriation account under s. 20.285 (1) 18
(gb) except that if there is any outstanding public debt used to finance the 19
acquisition, construction, or improvement of any property that is sold, the board 20
shall deposit a sufficient amount of the net proceeds from the sale of the property in 21
the bond security and redemption fund under s. 18.09 to repay the principal and pay 22
the interest on the debt, and any premium due upon refunding any of the debt. If 23
the property was acquired, constructed, or improved with federal financial 24
assistance, the board shall pay to the federal government any of the net proceeds 25
required by federal law. If the property was acquired by gift or grant or acquired with
gift or grant funds, the board shall adhere to any restriction governing use of the 2