13.48 (14) (a) In this subsection, "agency" has the meaning given for "state agency" in s. 20.001 (1), except that prior to July 1, 2007, the term does not include the Board of Regents of the University of Wisconsin System.
SECTION 3. 13.48 (14) (d) 4. of the statutes is amended to read:
13.48 (14) (d) 4. If the commission proposes to sell or transfer a parcel of surplus land having a fair market value of at least $20,000, the commission shall notify the joint committee on finance in writing of its proposed action. If the cochairpersons of the committee do not notify the commission that the committee has scheduled a meeting for the purpose of reviewing the proposed sale or transfer within 14 working days after the date of the commission's notification, the parcel may be sold or transferred by the commission. If, within 14 working days after the date of the commission's notification, the cochairpersons of the committee notify the commission that the committee has scheduled a meeting for the purpose of reviewing the proposed sale or transfer, the parcel may be sold or transferred under this subdivision only upon approval of the committee. This subdivision does not apply to surplus land that is authorized to be sold under s. 16.848.
SECTION 4. 13.48 (22) of the statutes is amended to read:
13.48 (22) SALE OR LEASE OF CAPITOL AREA LANDS. The building commission may lease or resell lands acquired in the capitol planning area for public or private redevelopment and may set such conditions of sale or lease as it deems necessary to ensure development compatible with the needs of the community and the state. This subsection does not apply to lands that are authorized to be sold under s. 16.848.
SECTION 5. 16.848 of the statutes is created to read:
16.848 Sale of certain state property. (1) Except as provided in sub. (2) and subject to sub. (3), the department may sell any state-owned real property, if the department determines that the sale is in the best interest of the state. The sale may be either on the basis of public bids, with the department reserving the right to reject any bid in the interest of the state, or negotiated prices.
(2) (a) Subsection (1) does not authorize the closure or sale of any facility or institution the operation of which is provided for by law.
(b) Subsection (1) does not apply to property under the jurisdiction of the board of regents of the University of Wisconsin System.
(c) Subsection (1) does not apply to property sold by the department under s. 16.98 (3).
(d) Subsection (1) does not apply to lands under the jurisdiction of the board of commissioners of public lands.
(e) Subsection (1) does not apply to property under the jurisdiction of the department of natural resources, except central or district office facilities.
(f) Subsection (1) does not apply to lands acquired with revenues collected under s. 70.58.
(g) Subsection (1) does not apply to property that is subject to sale by the department of veterans affairs under s. 45.72 (7).
(h) The department shall not sell any property under this section that is leased by the state until the lease expires or the lease is modified, renewed, or extended, whichever first occurs, without consent of the lessee.
(3) The department shall not sell any state property under sub. (1) unless the sale is approved by the building commission under 2005 Wisconsin Act .... (this act), section 9101 (1) (b).
(4) Except as provided in s. 13.48 (14) (e), if there is any outstanding public debt used to finance the acquisition, construction, or improvement of any property that is sold under sub. (1), the department shall deposit a sufficient amount of the net proceeds from the sale of the property in the bond security and redemption fund under s. 18.09 to repay the principal and pay the interest on the debt, and any premium due upon refunding any of the debt. If the property was acquired, constructed, or improved with federal financial assistance, the department shall pay to the federal government any of the net proceeds required by federal law. If the property was acquired by gift or grant or acquired with gift or grant funds, the department shall adhere to any restriction governing use of the proceeds. Except as required under ss. 13.48 (14) (e), 20.395 (9) (qd), and 51.06 (6), if there is no such debt outstanding, there are no moneys payable to the federal government, and there is no restriction governing use of the proceeds, and if the net proceeds exceed the amount required to be deposited, paid, or used for another purpose under this subsection, the department shall deposit the net proceeds or remaining net proceeds in the general fund.
SECTION 6. 20.285 (1) (h) of the statutes is amended to read:
20.285 (1) (h) Auxiliary enterprises. Except as provided under subs. (4) (g) and (gm), (5) (i), and (6) (g), all moneys received by the University of Wisconsin System for or on account of any housing facility, commons, dining halls, cafeteria, student union, athletic activities, stationery stand or bookstore, parking facilities or car fleet, or such other auxiliary enterprise activities as the board designates and including such fee revenues as allocated by the board and including such moneys received under leases entered into previously with nonprofit building corporations as the board designates to be receipts under this paragraph, but not including any moneys received from the sale of real property before July 1, 2007, to be used for the operation, maintenance, and capital expenditures of activities specified in this paragraph, including the transfer of funds to pars. (kd), (ke), and s. 20.235 (1) (ke), and to nonprofit building corporations to be used by the corporations for the retirement of existing indebtedness and such other payments as may be required under existing loan agreements, for optional rental payments in addition to the mandatory rental payments under the leases and subleases in connection with the providing of facilities for such activities, and for grants under ss. 36.25 (14) and 36.34. A separate account shall be maintained for each campus and extension. Upon the request of the extension or any campus within the system, the board of regents may transfer surplus moneys appropriated under this paragraph to the appropriation account under par. (kp). Annually, the amount in the schedule under s. 20.005 (3) for the appropriation under s. 20.235 (1) (ke) shall be transferred from this appropriation to the appropriation account under s. 20.235 (1) (ke).
SECTION 7. 20.285 (1) (iz) of the statutes is amended to read:
20.285 (1) (iz) General operations receipts. All moneys received for or on account of the University of Wisconsin System, unless otherwise specifically appropriated, including all moneys received from the sale of real property prior to July 1, 2007, to be used for general operations.
SECTION 8. 20.285 (1) (j) of the statutes is amended to read:
20.285 (1) (j) Gifts and donations. All moneys received from gifts, grants, bequests and devises, except moneys received from the sale of real property before July 1, 2007, to be administered and expended in accordance with the terms of the gift, grant, bequest or devise to carry out the purposes for which made and received.
SECTION 9. 20.285 (1) (ka) of the statutes is amended to read:
20.285 (1) (ka) Sale of real property. All net proceeds from the sale of real property by the board under s. 36.34, 1969 stats., and s. 36.33, except net proceeds received before July 1, 2007, to be used for the purposes of s. 36.34, 1969 stats., and s. 36.33, including the expenses enumerated in s. 13.48 (2) (d) incurred in selling the real property under those sections.
SECTION 10. 23.15 (6) of the statutes is created to read:
23.15 (6) This section does not apply to property that is authorized to be sold under s. 16.848.
SECTION 11. 25.60 of the statutes is amended to read:
25.60 Budget stabilization fund. There is created a separate nonlapsible trust fund designated as the budget stabilization fund, consisting of moneys transferred to the fund from the general fund under ss. 13.48 (14) (c), 16.518 (3), and, 16.72 (4) (b), and 16.848.
SECTION 12. 45.37 (10) (c) of the statutes is amended to read:
45.37 (10) (c) The Except where a sale occurs under s. 16.848, the department may manage, sell, lease or transfer property descending to the state pursuant to this section or conveyed to it by members, defend and prosecute all actions concerning it, pay all just claims against it, and do all other things necessary for the protection, preservation and management of such property. All expenditures necessary for the execution of functions under this paragraph or sub. (11) shall be made from the appropriation in s. 20.485 (1) (h).
SECTION 13. 45.38 (2) (a) 1. of the statutes is amended to read:
45.38 (2) (a) 1. Without limitation by reason of any other provisions of the statutes except s. 16.848, the power to sell and to convey title in fee simple to a nonprofit corporation any land and any existing buildings thereon owned by, or owned by the state and held for, the department or of any of the institutions under the jurisdiction of the department for such consideration and upon such terms and conditions as in the judgment of the board are in the public interest.
SECTION 14. 46.03 (30) (a) of the statutes is amended to read:
46.03 (30) (a) To provide for an orderly reduction of state institutional primary psychiatric services the department may approve the institutes entering into contracts with county departments under s. 51.42 for providing primary psychiatric care. If excess capacity exists at state operated mental health institutes, the department shall, subject to s. 16.848, explore whether the possible sale or lease of such excess facilities may be sold or leased to a county department under s. 51.42.
SECTION 15. 46.035 (1) (a) of the statutes is amended to read:
46.035 (1) (a) The term "existing building" in relation to any conveyance, lease or sublease made under sub. (2) (a) 1., 2. and 3., (b), and (c) means all detention, treatment, administrative, recreational, infirmary, hospital, vocational and academic buildings; all dormitories and cottages; all storage facilities, heating plants, sewage disposal plants, and such other buildings, structures, facilities and permanent improvements as in the judgment of the secretary are needed or useful for the purposes of the department, and all equipment therefor and all improvements and additions thereto which were erected, constructed or installed prior to the making of such conveyance, lease or sublease.
SECTION 16. 46.035 (1) (b) of the statutes is amended to read:
46.035 (1) (b) The term "new building" in relation to any conveyance, lease or sublease made under sub. (2) (a) 1., 2. and 3., (b), and (c) means all detention, treatment, administrative, recreational, infirmary, hospital, vocational and academic buildings; all dormitories and cottages; all storage facilities, heating plants, sewage disposal plants, and such other buildings, structures, facilities and permanent improvements as in the judgment of the secretary are needed or useful for the purposes of the department, and all equipment therefor and all improvements and additions thereto which are erected, constructed or installed after the making of such conveyance, lease or sublease.
SECTION 17. 46.035 (2) (intro.) of the statutes is repealed.
SECTION 18. 46.035 (2) (a) of the statutes is renumbered 46.035 (2), and 46.035 (2) (intro.), (a) and (c) to (j), as renumbered, are amended to read:
46.035 (2) (intro.) In order to provide new buildings and to enable the construction and financing thereof, to refinance indebtedness hereafter created by a nonprofit corporation for the purpose of providing a new building or buildings or additions or improvements thereto which are located on land owned by, or owned by the state and held for, the department or on lands of the institutions under the jurisdiction of the department or by the nonprofit corporation, or for any one or more of said purposes, but for no other purpose unless authorized by law, the department has, subject to s. 16.848, the following powers and duties:
(a) Without limitation by reason of any other provisions of the statutes except s. 16.848, the power to sell and to convey title in fee simple to a nonprofit corporation any land and any existing buildings thereon owned by, or owned by the state and held for, the department or of any of the institutions under the jurisdiction of the department for such consideration and upon such terms and conditions as in the judgment of the secretary are in the public interest.
(c) The power to lease or sublease from such nonprofit corporation, and to make available for public use, any such land and existing buildings conveyed or leased to such nonprofit corporation under subds. 1. and 2. pars. (a) and (b), and any new buildings erected upon such land or upon any other land owned by such nonprofit corporation, upon such terms, conditions and rentals, subject to available appropriations, as in the judgment of the secretary are in the public interest. With respect to any property conveyed to such nonprofit corporation under subd. 1. par. (a), such lease from such nonprofit corporation may be subject or subordinated to one or more mortgages of such property granted by such nonprofit corporation.
(d) The duty to submit the plans and specifications for all such new buildings and all conveyances, leases and subleases made under this section subsection to the department of administration and the governor for written approval before they are finally adopted, executed and delivered.
(e) The power to pledge and assign all or any part of the revenues derived from the operation of such new buildings as security for the payment of rentals due and to become due under any lease or sublease of such new buildings under subd. 3 par. (c).
(f) The power to covenant and agree in any lease or sublease of such new buildings made under subd. 3. par. (c) to impose fees, rentals or other charges for the use and occupancy or other operation of such new buildings in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under such lease or sublease.
(g) The power to apply all or any part of the revenues derived from the operation of existing buildings to the payment of rentals due and to become due under any lease or sublease made under subd. 3 par. (c).
(h) The power to pledge and assign all or any part of the revenues derived from the operation of existing buildings to the payment of rentals due and to become due under any lease or sublease made under subd. 3 par. (c).
(i) The power to covenant and agree in any lease or sublease made under subd. 3. par. (c) to impose fees, rentals or other charges for the use and occupancy or other operation of existing buildings in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under such lease or sublease.
(j) The power and duty, upon receipt of notice of any assignment by any such nonprofit corporation of any lease or sublease made under subd. 3. par. (c), or of any of its rights under any such sublease, to recognize and give effect to such assignment, and to pay to the assignee thereof rentals or other payments then due or which may become due under any such lease or sublease which has been so assigned by such nonprofit corporation.
SECTION 19. 46.035 (2) (b) of the statutes is renumbered 46.035 (3) and amended to read:
46.035 (3) The state shall be is liable for accrued rentals and for any other default under any lease or sublease made under par. (a) 3. sub. (2) (c), and may be sued therefor on contract as in other contract actions pursuant to ch. 775, except that it shall not be is not necessary for the lessor under any such lease or sublease or any assignee of such lessor or any person or other legal entity proceeding on behalf of such lessor to file any claim with the legislature prior to the commencement of any such action.
SECTION 20. 46.035 (2) (c) of the statutes is renumbered 46.035 (4).
SECTION 21. 46.035 (2) (d) of the statutes is repealed.
SECTION 22. 46.035 (2) (e) of the statutes is renumbered 46.035 (5) and amended to read:
46.035 (5) All laws, except s. 16.848 and ch. 150, conflicting that conflict with any provisions of this section, are, insofar as they conflict with this section and no further, superseded by this section.
SECTION 23. 46.06 (intro.) of the statutes is created to read:
46.06 Lands; condemnation, easements, leases, sales, purchases. (intro.) Subject to s. 16.848:
SECTION 24. 46.09 (intro.) of the statutes is created to read:
46.09 Purchases, bills, audits, payments. (intro.) Subject to s. 16.848:
SECTION 25. 84.09 (9) of the statutes is created to read:
84.09 (9) Subsections (5), (5m), and (6) do not apply to state surplus property that is sold under s. 16.848.
SECTION 26. 301.235 (2) (a) (intro.) of the statutes is amended to read:
301.235 (2) (a) (intro.) In order to provide new buildings and to enable the construction and financing thereof, to refinance indebtedness created by a nonprofit corporation for the purpose of providing a new building or buildings or additions or improvements thereto which are located on land owned by, or owned by the state and held for, the department or on lands of the institutions under the jurisdiction of the department or owned by the nonprofit corporation, or for any one or more of those purposes, but for no other purpose unless authorized by law, the department, subject to s. 16.848, has the following powers and duties:
SECTION 27. 301.235 (2) (a) 1. of the statutes is amended to read:
301.235 (2) (a) 1. Without limitation by reason of any other statute except s. 16.848, the power to sell and to convey title in fee simple to a nonprofit corporation any land and any existing buildings thereon owned by, or owned by the state and held for, the department or any of the institutions under the jurisdiction of the department for such consideration and upon such terms and conditions as in the judgment of the secretary are in the public interest.
SECTION 28. 301.24 (4) of the statutes is amended to read:
301.24 (4) SALES. The Except where a sale occurs under s. 16.848, the department, with the approval of the building commission, may sell and convey such lands under the jurisdiction of the department as the secretary deems to be in excess of the present or future requirements of the department for either the operation of its facilities or programs, for the maintenance of buffer zones adjacent to its facilities or for other public purposes. The proceeds of the sales shall be credited to the state building trust fund.
SECTION 29. 301.24 (4m) of the statutes is amended to read:
301.24 (4m) CORRECTIONAL INSTITUTION PROPERTY DISPOSITION. In addition to any other requirements under this section, except where a sale occurs under s. 16.848, the department may sell or otherwise transfer or dispose of the property acquired for the correctional institution under s. 46.05 (1o), 1985 stats., only if the sale, transfer or disposition is approved by the joint committee on finance. The department shall submit a plan for any such proposed sale, transfer or disposition to the committee.
SECTION 30. 301.25 of the statutes is amended to read:
301.25 Sewer system at Taycheedah Correctional Institution. The department, with the approval of the governor, may enter into an agreement containing terms, conditions and covenants approved by the building commission, to participate in the construction of a sanitary sewer system in the area adjacent to the Taycheedah Correctional Institution in the town of Taycheedah, Fond du Lac County; to connect the sewer system of the Taycheedah Correctional Institution thereto; to pay sewage disposal charges; and to grant easements or, subject to s. 16.848, convey land to meet construction requirements.
SECTION 31. 302.04 of the statutes is amended to read:
302.04 Duties of warden and superintendents. The Except as provided in s. 16.848, the warden or the superintendent of each state prison shall have charge and custody of the prison and all lands, belongings, furniture, implements, stock and provisions and every other species of property within the same or pertaining thereto. The warden or superintendent shall enforce the regulations rules of the department for the administration of the prison and for the government of its officers and the discipline of its inmates.
SECTION 32. 560.9810 (5) of the statutes is created to read:
560.9810 (5) NONAPPLICATION. This section does not apply to property that is authorized to be sold under s. 16.848.
SECTION 9101. Nonstatutory provisions; administration.
(1) SALE OF CERTAIN STATE PROPERTY.
(a) 1. No later than July 1, 2006, the secretary of administration shall review all holdings of state-owned real property for potential sale, except as provided in subdivision 2.
2. Subdivision 1. does not apply to any property, facility, or institution the closure or sale of which is not authorized under section 16.848 of the statutes, as created by this act.
(b) No later than October 1, 2006, the secretary of administration shall submit a report to the secretary of the building commission containing an inventory of his or her recommendations to offer specified state properties for sale under section 16.848 of the statutes, as created by this act, and the reasons therefor. A property may be included in the inventory with or without approval of the state agency having jurisdiction of the property. If, on or before June 30, 2007, the building commission votes to approve the sale of any property included in the inventory, the department of administration may offer the property for sale under section 16.848 of the statutes, as created by this act.
(c) This subsection does not apply after June 30, 2007.
SECTION 9152. Nonstatutory provisions; University of Wisconsin System.
(1) SALE OF REAL PROPERTY. If the Board of Regents of the University of Wisconsin System sells any real property under its jurisdiction prior to July 1, 2007, the board shall credit the net proceeds of the sale to the appropriation account under section 20.285 (1) (iz) of the statutes, except that if there is any outstanding public debt used to finance the acquisition, construction, or improvement of any property that is sold, the board shall deposit a sufficient amount of the net proceeds from the sale of the property in the bond security and redemption fund under section 18.09 of the statutes to repay the principal and pay the interest on the debt, and any premium due upon refunding any of the debt. If the property was acquired, constructed, or improved with federal financial assistance, the board shall pay to the federal government any of the net proceeds 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 proceeds. Except as required under ss. 13.48 (14) (e), 20.395 (9) (qd), and 51.06 (6), if there is no such debt outstanding, there are no moneys payable to the federal government, and there is no restriction governing use of the proceeds.
SECTION 9255. Appropriation changes; other.
(1) TRANSFER FROM GENERAL FUND TO BUDGET STABILIZATION FUND. There is transferred $36,000,000 from the general fund to the budget stabilization fund.
(End)
LRB-1520LRB-1520/1
MJL:kjf:rs
2005 - 2006 LEGISLATURE
DOA:......Binau, BB0365 - Reimbursement of the special counsel appropriation
