AB317,8,2524
c. If the commission intends to transfer use of the parcel from one agency to
25another agency, whether transfer of the parcel is critical or desirable.
AB317,9,12
14. If the commission proposes to sell or transfer a parcel of surplus land having
2a fair market value of at least $20,000, the commission shall notify the joint
3committee on finance in writing of its proposed action. If the cochairpersons of the
4committee do not notify the commission that the committee has scheduled a meeting
5for the purpose of reviewing the proposed sale or transfer within 14 working days
6after the date of the commission's notification, the parcel may be sold or transferred
7by the commission. If, within 14 working days after the date of the commission's
8notification, the cochairpersons of the committee notify the commission that the
9committee has scheduled a meeting for the purpose of reviewing the proposed sale
10or transfer, the parcel may be sold or transferred under this subdivision only upon
11approval of the committee. This subdivision does not apply to surplus land that is
12authorized to be sold under s. 16.848.
AB317,9,1815
13.48
(20) Residence halls. Except as provided in sub. (14) (am), the The 16building commission may approve the sale or lease of state-owned residence halls
17by the board of regents of the University of Wisconsin System to another state agency
18or a nonstate nonprofit agency for purposes provided in s. 36.11 (1) (e).
AB317,9,2521
13.48
(22) Sale or lease of capitol area lands. The building commission may
22lease or resell lands acquired in the capitol planning area for public or private
23redevelopment and may set such conditions of sale or lease as it deems necessary to
24ensure development compatible with the needs of the community and the state. This
25subsection does not apply to lands that are authorized to be sold
or leased under s.
116.848
while an offer of sale, sale, or lease agreement is pending or while the lands
2are leased.
AB317,10,115
13.48
(23) Lease of space for commercial use. Except as provided in sub. (14)
6(am), the The building commission may lease space in state office buildings for
7commercial use, including without limitation because of enumeration, retail, service
8and office uses. In doing so the building commission shall consider the cost and fair
9market value of the space as well as the desirability of the proposed use. Such leases
10may be negotiated or awarded by competitive bid procedures. All such leases of space
11in state office buildings shall provide for payments in lieu of property taxes.
AB317,11,1614
13.482
(2) (a) For the purpose of providing housing for state departments and
15agencies, including housing for state offices and the completion of the state office
16building, and to enable the construction, financing and ultimate acquisition thereof
17by the state, the building commission may acquire any necessary lands, and
, subject
18to s. 13.48 (14) (am), lease and re-lease any lands owned by the state and available
19for the purpose to the Wisconsin State Public Building Corporation or other nonstock
20corporation organized under ch. 181 that is a nonprofit corporation, as defined in s.
21181.0103 (17). The lease and re-lease shall be for a term or terms not exceeding 50
22years each and shall be made on the condition that such corporation shall construct
23and provide on such leased lands such building projects, including buildings,
24improvements, facilities or equipment or other capital items, as the building
25commission requires, and shall re-lease the same to the building commission upon
1satisfactory terms as to the rental, maintenance and ultimate acquisition by the
2state as is in its best interests in the judgment of the building commission. After such
3leases and re-leases are executed and until the projects are acquired by the state,
4they shall be operated by the building commission through the department of
5administration, which shall have charge of such property as provided in ss. 16.85 and
616.8511. The building commission shall operate the projects in such manner as to
7provide revenues therefrom sufficient to pay the costs of operation and maintenance
8of the project and to provide for the payments due the Wisconsin State Public
9Building Corporation or other nonstock, nonprofit corporation but if the building
10commission finds and declares that the housing available in any such project is in
11excess of the current housing needs or requirements of the state departments and
12agencies occupying or availing themselves of the space in or capacity of such project,
13the building commission need not operate such project in a manner to provide
14revenues therefrom sufficient to pay the costs of operation and maintenance of the
15project and to provide for the rental payments due the Wisconsin State Public
16Building Corporation or other nonstock, nonprofit corporation.
AB317,11,2319
13.488
(1) (a) Without limitation by reason of any other statutes
except s. 13.48
20(14) (am), the power to sell and to convey title in fee simple to a nonprofit-sharing
21corporation any land and any existing buildings thereon owned by the state for such
22consideration and upon such terms and conditions as in the judgment of the building
23commission are in the public interest.
AB317,12,4
113.488
(1) (b)
Except as provided in s. 13.48 (14) (am), the The power to lease
2to a nonprofit-sharing corporation for terms not exceeding 50 years each any land
3and existing buildings thereon owned by the state upon such terms, conditions and
4rentals as in the judgment of the building commission are in the public interest.
AB317,12,97
16.310
(5) Nonapplication. This section does not apply to property that is
8authorized to be sold
or leased as provided in under s. 16.848
while an offer of sale,
9sale, or lease agreement is pending or while the property is leased.
AB317,12,2514
16.84
(1) Have charge of, operate, maintain and keep in repair the state capitol
15building, the executive residence,
any heating, cooling, and power plants serving
16state properties that are owned by this state except those that are operated by an
17agency, as defined in s. 16.52 (7), or by a lessee under s. 13.48 (14) or 16.848 (1) the
18light, heat, and power plant, the state office buildings and their power plants, the
19grounds connected therewith, and such other state properties as are designated by
20law. All costs of such operation and maintenance shall be paid from the
21appropriations under s. 20.505 (5) (ka) and (kb), except for debt service costs paid
22under s. 20.866 (1) (u). The department shall transfer moneys from the
23appropriation under s. 20.505 (5) (ka) to the appropriation account under s. 20.505
24(5) (kc) sufficient to make principal and interest payments on state facilities and
25payments to the United States under s. 13.488 (1) (m).
AB317,13,3
316.848 (title)
Sale or lease of certain state property or facilities.
AB317,13,226
16.848
(1) Except as provided in sub. (2), the department may offer for sale
or
7lease any state-owned real property, if the department determines that the sale
or
8lease is in the best interest of the state
, unless prohibited under the state or federal
9constitution or federal law or the sale is conducted as a part of a procedure to enforce
10an obligation to this state. Any sale may be either on the basis of public bids, with
11the department reserving the right to reject any bid in the best interest of the state,
12or
on the basis of negotiated prices
as determined through a competitive or
13transparent process. If the department receives an offer to purchase
or lease 14property offered under this subsection, the department may submit a report to the
15building commission recommending acceptance of the offer. The report shall contain
16a description of the property and the reasons for the recommendation. The
17department may recommend the sale
or lease of
a parcel of property with or without
18the approval of the agency, as defined in s. 16.52 (7), having jurisdiction
over of the
19property
and regardless of whether the property is included in an inventory
20submitted under s. 13.48 (14) (d). If the building commission approves the proposed
21sale
or lease, the department
shall submit the proposed sale or lease to the joint
22committee on finance for approval under par. (b) may sell the property.
AB317,28
7Section
28. 16.848 (2) (a) of the statutes is created to read:
AB317,14,98
16.848
(2) (a) Subsection (1) does not authorize the closure or sale of any facility
9or institution the operation of which is provided for by law.
AB317,30
12Section
30. 16.848 (2) (b) of the statutes is created to read:
AB317,14,1413
16.848
(2) (b) Subsection (1) does not apply to property under the jurisdiction
14of the Board of Regents of the University of Wisconsin System.
AB317,31
15Section
31. 16.848 (2) (gw) of the statutes is created to read:
AB317,14,1716
16.848
(2) (gw) Subsection (1) does not apply to the sale of property by the
17department of health services under s. 51.06 (6).
AB317,15,2022
16.848
(4) (a) Except as provided in s. 13.48 (14) (e), if there is any outstanding
23public debt used to finance the acquisition, construction, or improvement of any
24property that is sold
or leased under sub. (1), the department shall deposit a
25sufficient amount of the net proceeds from the sale
or lease of the property in the bond
1security and redemption fund under s. 18.09 to repay the principal and pay the
2interest on the debt, and any premium due upon refunding any of the debt.
If there
3is any outstanding public debt used to finance the acquisition, construction, or
4improvement of any property that is sold or leased under sub. (1), the department
5shall then provide a sufficient amount of the net proceeds from the sale or lease of
6the property for the costs of maintaining federal tax law compliance applicable to the
7debt. If the property was acquired, constructed, or improved with federal financial
8assistance, the department shall pay to the federal government any of the net
9proceeds required by federal law. If the property was acquired by gift or grant or
10acquired with gift or grant funds, the department shall adhere to any restriction
11governing use of the proceeds. Except as required under ss. 13.48 (14) (e), 20.395 (9)
12(qd), and 51.06 (6), if there is no such debt outstanding, there are no moneys payable
13to the federal government, and there is no restriction governing use of the proceeds,
14and if the net proceeds exceed the amount required to be deposited, paid, or used for
15another purpose under this
subsection paragraph, the department shall use the net
16proceeds or remaining net proceeds to pay principal and interest costs on
17outstanding public debt issued to finance the acquisition, construction, or
18improvement of property. If any net proceeds remain thereafter, the department
19shall use the proceeds to pay principal and interest costs on other outstanding public
20debt.
AB317,15,2523
16.848
(4) (b) 1. According preference to the redemption of general obligation
24debt within the same statutory bond purpose that was used to acquire, build, or
25improve the property being sold.
AB317,35
1Section
35. 16.848 (4) (b) 2. of the statutes is created to read:
AB317,16,42
16.848
(4) (b) 2. Maintaining compliance with federal tax law applicable to the
3general obligation debt that was issued to acquire, build, or improve the property
4being sold.
AB317,16,107
16.848
(4) (b) 3. The extent to which general obligation debt that was issued
8to acquire, build, or improve the property being sold
or leased is subject to current
9optional redemption, would require establishment of an escrow, or could be assigned
10for accounting purposes to another statutory bond purpose.
AB317,16,1413
16.848
(4) (b) 5. The costs of
maintaining federal tax law compliance in the
14selection of general obligation debt to be redeemed.
AB317,16,2319
20.373
(1) (g)
Administration, operation, repair, and rehabilitation. From the
20general fund, all moneys received from the sale of surplus land under
2005 Wisconsin
21Act 25, section
9105 (14q) except as provided in s. 13.48 (14) (am) or 16.848 (1), to be
22used for administration of the authority and the operation, repair, and rehabilitation
23of the Fox River lock system.
AB317,17,6
125.60 Budget stabilization fund. There is created a separate nonlapsible
2trust fund designated as the budget stabilization fund, consisting of moneys
3transferred to the fund from the general fund under ss.
13.48 (14) (c), 16.518 (3)
, and
416.72 (4) (b). Moneys in the budget stabilization fund are reserved to provide state
5revenue stability during periods of below-normal economic activity when actual
6state revenues are lower than estimated revenues under s. 20.005 (1).
AB317,17,119
36.09
(1) (L) The board shall possess all powers necessary or convenient for the
10operation of the system except as limited in this chapter
and ss. 13.48 (14) (am) and
1116.848 (1).
AB317,18,414
36.11
(1) (b) Except as provided in this paragraph
and ss. 13.48 (14) (am) and
1516.848 (1), the board may purchase, have custody of, hold, control, possess, lease,
16grant easements and enjoy any lands, buildings, books, records and all other
17property of any nature which may be necessary and required for the purposes, objects
18and uses of the system authorized by law. Any lease
by the board is subject to the
19powers of the University of Wisconsin Hospitals and Clinics Authority under s.
20233.03 (13) and the rights of the authority under any lease agreement, as defined in
21s. 233.01 (6). The board shall not permit a facility that would be privately owned or
22operated to be constructed on state-owned land without obtaining prior approval of
23the building commission under s. 13.48 (12).
Subject to prior action under s. 13.48
24(14) (am) or 16.848 (1), the The board may sell or dispose of such property as provided
25by law, or any part thereof when in its judgment it is for the best interests of the
1system and the state. All purchases
and sales of real property shall be subject to the
2approval of the building commission. The provision of all leases of real property to
3be occupied by the board shall be the responsibility of the department of
4administration under s. 16.84 (5).
AB317,18,107
36.11
(1) (e)
Subject to prior action under s. 13.48 (14) (am) or 16.848 (1), the
8The board, with the approval of the building commission, may sell or lease
9state-owned residence halls to another state agency or nonstate nonprofit agency for
10purposes of alternate use.
AB317,18,1813
36.11
(28) Lease agreement with the University of Wisconsin Hospitals and
14Clinics Authority. Subject to
1995 Wisconsin Act 27, section
9159 (2) (k),
and subject
15to any prior lease entered into under s. 13.48 (14) (am) or 16.848 (1), the board shall
16negotiate and enter into a lease agreement with the University of Wisconsin
17Hospitals and Clinics Authority that meets the requirements under s. 233.04 (7) and
18shall comply with s. 233.04 (7g).
AB317,19,13
2136.33 (title)
Sale or lease and relocation of agricultural lands. (1) 22Legislative intent. The legislature finds and determines that, because of the
23problems resulting from the development of the city of Madison around certain
24agricultural lands of the University of Wisconsin-Madison, the desirability of
25consolidating lands used for agricultural instruction, research and extension
1purposes, the desirability of disposing of agricultural lands no longer needed by the
2university and the need for land of better quality and of greater quantity for the
3purpose of improving and expanding agricultural research, it is in the public interest
4for the board to sell or lease, in whole or in part,
and subject to any prior action under
5s. 13.48 (14) (am) or 16.848 (1), the agricultural lands and improvements thereon
6owned by the board and located in sections 19, 20 and 30, township 7 north, range
79 east, Dane County; sections 25 and 27, township 7 north, range 8 east, Dane
8County; sections 34 and 35, township 38 north, range 11 east, Oneida County; and
9section 22, township 22 north, range 8 east, Portage County; and to purchase other
10agricultural lands outside of the Madison urban area and to construct thereon the
11necessary buildings and improvements. The foregoing policy determination is made
12without reference to or intention of limiting the powers which the board may
13otherwise have.
AB317,19,1916
36.33
(2) (title)
Method of sale or lease; assessments. (a) (intro.)
Subject to
17any prior action under s. 13.48 (14) (am) or 16.848 (1), the The board, in selling or
18leasing any part of the agricultural lands and improvements thereon, mentioned in
19sub. (1), shall sell or lease on the basis of either of the following:
AB317,19,2422
36.33
(3) Building commission approval. The sale, lease and purchase of
23agricultural lands mentioned in sub. (1)
is subject to prior action under s. 13.48 (14)
24(am) or 16.848 (1) and shall be subject to the approval of the building commission.
AB317,20,10
341.23 Sale of excess or surplus property. The department may acquire
4excess or surplus property from the department of administration under ss. 16.72 (4)
5(b) and 16.98 (1) or from the department of transportation under s. 84.09 (5s) and
,
6subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), the department may
7sell the property
acquired under this section to any person at a price determined by
8the department of tourism. All proceeds received by the department of tourism from
9the sale of property under this section shall be credited to the appropriation account
10under s. 20.380 (1) (h).
AB317,20,1613
41.41
(7) (b)
Subject to any prior action under s. 13.48 (14) (am) or 16.848 (1),
14lease Lease land that is part of the Kickapoo valley reserve to any person for purposes
15consistent with the management of the reserve under sub. (3), or for agricultural
16purposes, and lease other land that is acquired by the board for any lawful purpose.
AB317,20,2519
44.015
(1) Acquire any interest in real or personal property by gift, bequest or
20otherwise in any amount and
, subject to prior action under s. 13.48 (14) (am) or
2116.848 (1), may operate, manage, sell,
or rent
, or convey real estate acquired by gift,
22bequest, foreclosure or other means, upon such terms and conditions as the board of
23curators deems for its interests but may not sell, mortgage, transfer or dispose of in
24any manner or remove from its buildings, except for temporary purposes, any article
25therein without authority of law.
AB317,21,83
45.03
(5) (c) 1. a. Without limitation by reason of any other provisions of the
4statutes except
ss. 13.48 (14) (am) and s. 16.848
(1), unless otherwise required by law,
5the power to sell and to convey title in fee simple to a nonprofit corporation any land
6and any existing buildings owned by the state that are under the jurisdiction of the
7department for the consideration and upon the terms and conditions as in the
8judgment of the board are in the public interest.
AB317,21,1611
46.03
(30) (a) To provide for an orderly reduction of state institutional primary
12psychiatric services the department may approve the institutes entering into
13contracts with county departments under s. 51.42 for providing primary psychiatric
14care. If excess capacity exists at state operated mental health institutes, the
15department shall, subject to
ss. 13.48 (14) (am) and
s. 16.848
(1), explore the possible
16sale or lease of such excess facilities to a county department under s. 51.42.
AB317,21,2519
46.035
(2) (a) Without limitation by reason of any other provisions of the
20statutes except
ss. 13.48 (14) (am) and s. 16.848
(1), the power to sell and to convey
21title in fee simple to a nonprofit corporation any land and any existing buildings
22thereon owned by, or owned by the state and held for, the department or of any of the
23institutions under the jurisdiction of the department for such consideration and
24upon such terms and conditions as in the judgment of the secretary are in the public
25interest.
AB317,22,93
46.06
(4) Sales. The department may, with the approval of the building
4commission,
and subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), sell
5and convey such lands under the jurisdiction of the department as the secretary
6deems to be in excess of the present or future requirements of the department for
7either the operation of its facilities or programs, for the maintenance of buffer zones
8adjacent to its facilities or for other public purposes. The proceeds of such sales are
9subject to s. 13.48 (14) (c).
AB317,23,212
51.06
(6) Sale of assets or real property at Northern Center for the
13Developmentally Disabled. The department may maintain the Northern Center for
14the Developmentally Disabled for the purpose specified in sub. (1), but may sell
15assets or real property
, of the Northern Center for the Developmentally Disabled
,
16subject to any prior action under s. 13.48 (14) (am) or 16.848 (1). If there is any
17outstanding public debt used to finance the acquisition, construction, or
18improvement of any property that is sold under this subsection, the department shall
19deposit a sufficient amount of the net proceeds from the sale of the property in the
20bond security and redemption fund under s. 18.09 to repay the principal and pay the
21interest on the debt, and any premium due upon refunding any of the debt. If the
22property was purchased with federal financial assistance, the department shall pay
23to the federal government any of the net proceeds required by federal law. If there
24is no such debt outstanding and there are no moneys payable to the federal
25government, or if the net proceeds exceed the amount required to be deposited or paid
1under this subsection, the department shall credit the net proceeds or remaining net
2proceeds to the appropriation account under s. 20.435 (2) (gk).
AB317,23,105
84.01
(30) (g) 3. Notwithstanding any other statute
except ss. 13.48 (14) (am)
6and 16.848 (1), the department may sell, at the appraised value, the real estate upon
7which a park-and-ride facility is or may be located, if the department determines
8that the sale is in the best interests of the public and the department determines that
9the real estate will be used in a manner consistent with the state's transportation
10interests.
AB317,24,1813
84.09
(1) The department may acquire by gift, devise, purchase or
14condemnation any lands for establishing, laying out, widening, enlarging,
15extending, constructing, reconstructing, improving and maintaining highways and
16other transportation related facilities, or interests in lands in and about and along
17and leading to any or all of the same; and after establishment, layout and completion
18of such improvements, the department may
, subject to any prior action under s. 13.48
19(14) (am) or 16.848 (1), convey such lands thus acquired and not necessary for such
20improvements, with reservations concerning the future use and occupation of such
21lands so as to protect such public works and improvements and their environs and
22to preserve the view, appearance, light, air and usefulness of such public works.
23Whenever the department deems it necessary to acquire any such lands or interests
24therein for any transportation related purpose, it shall so order and in such order or
25on a map or plat show the old and new locations and the lands and interests required,
1and shall file a copy of the order and map with the county clerk and county highway
2committee of each county in which such lands or interests are required or, in lieu of
3filing a copy of the order and map, may file or record a plat in accordance with s.
484.095. For the purposes of this section the department may acquire private or public
5lands or interests in such lands. When so provided in the department's order, such
6land shall be acquired in fee simple. Unless it elects to proceed under sub. (3), the
7department shall endeavor to obtain easements or title in fee simple by conveyance
8of the lands or interests required at a price, including any damages, deemed
9reasonable by the department. The instrument of conveyance shall name the state
10as grantee and shall be recorded in the office of the register of deeds. The purchase
11or acquisition of lands or interests therein under this section is excepted and exempt
12from s. 20.914 (1). The department may purchase or accept donations of remnants
13of tracts or parcels of land existing at the time or after it has acquired portions of such
14tracts or parcels by purchase or condemnation for transportation purposes where in
15the judgment of the department such action would assist in making whole the
16landowner, a part of whose lands have been taken for transportation purposes and
17would serve to minimize the overall costs of such taking by the public.
This
18subsection does not apply to lands that are sold under s. 16.848.
AB317,25,1521
84.09
(5) (a) Subject to pars. (b) and (c)
and any prior action under s. 13.48 (14)
22(am) or 16.848 (1), and
subject to the approval of the governor, the department may
23sell at public or private sale property of whatever nature owned by the state and
24under the jurisdiction of the department when the department determines that the
25property is no longer necessary for the state's use for transportation purposes and,
1if real property, the real property is not the subject of a petition under s. 16.310 (2).
2The department shall present to the governor a full and complete report of the
3property to be sold, the reason for the sale, and the minimum price for which the same
4should be sold, together with an application for the governor's approval of the sale.
5The governor shall thereupon make such investigation as he or she may deem
6necessary and approve or disapprove the application. Upon such approval and
7receipt of the full purchase price, the department shall by appropriate deed or other
8instrument transfer the property to the purchaser. The approval of the governor is
9not required for public or private sale of property having an appraised value at the
10time of sale of not more than $15,000, for the transfer of surplus state real property
11to the department of administration under s. 16.310, or for the transfer of surplus
12state personal property to the department of tourism under sub. (5s). The funds
13derived from sales under this subsection shall be deposited in the transportation
14fund, and the expense incurred by the department in connection with the sale shall
15be paid from such fund.
AB317,26,218
84.09
(5) (c) 1.
Subject to any prior action under s. 13.48 (14) (am) or 16.848 (1),
19prior Prior to conducting a public sale on a generally marketable surplus land parcel
20under par. (b), the department shall contact the county, municipality, and the local
21school district where the land parcel is located and the department of natural
22resources to solicit interest in acquiring the parcel for public use. Upon notification
23from the department, the county, municipality, local school district, and department
24of natural resources must respond to the department, stating their interest in the
1land for public use, within 60 days. Failure to respond within 60 days constitutes
2noninterest in the land parcel.