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
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Education
Higher education
This bill requires DOA annually to lapse from three UW System appropriations the amount of money equal to the amount spent from a DOJ appropriation for legal advice regarding UW's public broadcasting.
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:
SECTION 1. 20.285 (2) (j) of the statutes is created to read:
20.285 (2) (j) Notwithstanding s. 20.001 (2) (c), annually, there shall lapse from the appropriation accounts under ss. 20.285 (1) (a), (h), and (j) an amount equal to the amount spent during that fiscal year from the appropriation account under s. 20.455 (1) (b) for legal advice regarding public broadcasting by the University of Wisconsin System, as determined by the secretary of administration.
(End)
LRB-1521LRB-1521/3
MJL&PG:cjs:rs
2005 - 2006 LEGISLATURE
DOA:......Binau, BB0364 - Nonresident tuition remission for undocumented aliens
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Education
Higher education
Generally, current law allows a UW System student who has been a bona fide Wisconsin resident for the 12 months preceding the beginning of a semester or session for which the student registers to pay resident, as opposed to nonresident, tuition.
This bill allows an alien who is not a legal permanent resident of the United States to pay resident, as opposed to nonresident, tuition if: 1) he or she graduated from a Wisconsin high school or received a high school graduation equivalency from Wisconsin; 2) was continuously present in Wisconsin for at least three years following the first day of attending a Wisconsin high school; and 3) enrolls in a UW System institution and provides the institution with an affidavit stating that he or she has filed or will file an application for permanent residency with U.S. Citizenship and Immigration Services as soon as the person is eligible to do so.
The bill also provides that such persons are to be considered residents of this state for purposes of admission to and payment of fees at a technical college.
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:
SECTION 1. 36.27 (2) (cr) of the statutes is created to read:
36.27 (2) (cr) A person who is a citizen of a country other than the United States is entitled to the exemption under par. (a) if that person meets all of the following requirements:
1. The person graduated from a high school in this state or received a high school graduation equivalency from this state.
2. The person was continuously present in this state for at least three years following the first day of attending a high school in this state.
3. The person enrolls in an institution and provides that institution with an affidavit stating that the person has filed or will file an application for a permanent resident visa with U.S. Citizenship and Immigration Services as soon as the person is eligible to do so.
SECTION 2. 38.22 (6) (e) of the statutes is created to read:
38.22 (6) (e) Any person who is a citizen of a country other than the United States if that person meets all of the following requirements:
1. The person graduated from a high school in this state or received a high school graduation equivalency from this state.
2. The person was continuously present in this state for at least three years following the first day of attending a high school in this state.
3. The person enrolls in a district school and provides the district board with an affidavit stating that the person has filed or will file an application for a permanent resident visa with U.S. Citizenship and Immigration Services as soon as the person is eligible to do so.
SECTION 9346. Initial applicability; technical college system.
(1) TUITION EXEMPTION FOR ALIENS. The treatment of section 38.22 (6) (e) of the statutes first applies to persons who enroll for the semester or session following the effective date of this subsection.
SECTION 9352. Initial applicability; University of Wisconsin System.
(1) TUITION EXEMPTION FOR ALIENS. The treatment of section 36.27 (2) (cr) of the statutes first applies to persons who enroll for the semester or session following the effective date of this subsection.
(End)