AB317: Bill Text

AB317,8,20 3. Except as provided in subd. 4., the commission shall annually, beginning January 1, 1984, submit to the joint committee on finance an inventory of surplus land containing the following information for each parcel:

AB317,8,21 a. The location, description and fair market value.

AB317,8,23 b. Whether the commission intends to sell or transfer the use of the parcel from one agency to another agency.

AB317,8,25 c. If the commission intends to transfer use of the parcel from one agency to another agency, whether transfer of the parcel is critical or desirable.

AB317,9,12 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.

AB317,13 Section 13. 13.48 (20) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,9,18 13.48 (20) Residence halls. Except as provided in sub. (14) (am), the The building commission may approve the sale or lease of state-owned residence halls by the board of regents of the University of Wisconsin System to another state agency or a nonstate nonprofit agency for purposes provided in s. 36.11 (1) (e).

AB317,14 Section 14. 13.48 (22) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,9,25 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 or leased under s. 16.848 while an offer of sale, sale, or lease agreement is pending or while the lands are leased.

AB317,15 Section 15. 13.48 (23) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,10,11 13.48 (23) Lease of space for commercial use. Except as provided in sub. (14) (am), the The building commission may lease space in state office buildings for commercial use, including without limitation because of enumeration, retail, service and office uses. In doing so the building commission shall consider the cost and fair market value of the space as well as the desirability of the proposed use. Such leases may be negotiated or awarded by competitive bid procedures. All such leases of space in state office buildings shall provide for payments in lieu of property taxes.

AB317,16 Section 16. 13.482 (2) (a) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,11,16 13.482 (2) (a) For the purpose of providing housing for state departments and agencies, including housing for state offices and the completion of the state office building, and to enable the construction, financing and ultimate acquisition thereof by the state, the building commission may acquire any necessary lands, and, subject to s. 13.48 (14) (am), lease and re-lease any lands owned by the state and available for the purpose to the Wisconsin State Public Building Corporation or other nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17). The lease and re-lease shall be for a term or terms not exceeding 50 years each and shall be made on the condition that such corporation shall construct and provide on such leased lands such building projects, including buildings, improvements, facilities or equipment or other capital items, as the building commission requires, and shall re-lease the same to the building commission upon satisfactory terms as to the rental, maintenance and ultimate acquisition by the state as is in its best interests in the judgment of the building commission. After such leases and re-leases are executed and until the projects are acquired by the state, they shall be operated by the building commission through the department of administration, which shall have charge of such property as provided in ss. 16.85 and 16.8511. The building commission shall operate the projects in such manner as to provide revenues therefrom sufficient to pay the costs of operation and maintenance of the project and to provide for the payments due the Wisconsin State Public Building Corporation or other nonstock, nonprofit corporation but if the building commission finds and declares that the housing available in any such project is in excess of the current housing needs or requirements of the state departments and agencies occupying or availing themselves of the space in or capacity of such project, the building commission need not operate such project in a manner to provide revenues therefrom sufficient to pay the costs of operation and maintenance of the project and to provide for the rental payments due the Wisconsin State Public Building Corporation or other nonstock, nonprofit corporation.

AB317,17 Section 17. 13.488 (1) (a) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,11,23 13.488 (1) (a) Without limitation by reason of any other statutes except s. 13.48 (14) (am), the power to sell and to convey title in fee simple to a nonprofit-sharing corporation any land and any existing buildings thereon owned by the state for such consideration and upon such terms and conditions as in the judgment of the building commission are in the public interest.

AB317,18 Section 18. 13.488 (1) (b) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,12,4 13.488 (1) (b) Except as provided in s. 13.48 (14) (am), the The power to lease to a nonprofit-sharing corporation for terms not exceeding 50 years each any land and existing buildings thereon owned by the state upon such terms, conditions and rentals as in the judgment of the building commission are in the public interest.

AB317,19 Section 19. 16.310 (5) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,12,9 16.310 (5) Nonapplication. This section does not apply to property that is authorized to be sold or leased as provided in under s. 16.848 while an offer of sale, sale, or lease agreement is pending or while the property is leased.

AB317,20 Section 20. 16.705 (1b) (c) of the statutes, as created by 2013 Wisconsin Act 20, is repealed.

AB317,21 Section 21. 16.84 (1) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,12,25 16.84 (1) Have charge of, operate, maintain and keep in repair the state capitol building, the executive residence, any heating, cooling, and power plants serving state properties that are owned by this state except those that are operated by an agency, as defined in s. 16.52 (7), or by a lessee under s. 13.48 (14) or 16.848 (1) the light, heat, and power plant, the state office buildings and their power plants, the grounds connected therewith, and such other state properties as are designated by law. All costs of such operation and maintenance shall be paid from the appropriations under s. 20.505 (5) (ka) and (kb), except for debt service costs paid under s. 20.866 (1) (u). The department shall transfer moneys from the appropriation under s. 20.505 (5) (ka) to the appropriation account under s. 20.505 (5) (kc) sufficient to make principal and interest payments on state facilities and payments to the United States under s. 13.488 (1) (m).

AB317,22 Section 22. 16.848 (title) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,13,3 16.848 (title) Sale or lease of certain state property or facilities.

AB317,23 Section 23. 16.848 (1) (a) of the statutes, as affected by 2013 Wisconsin Act 20, is renumbered 16.848 (1) and amended to read:

AB317,13,22 16.848 (1) Except as provided in sub. (2), the department may offer for sale or lease any state-owned real property, if the department determines that the sale or lease is in the best interest of the state, unless prohibited under the state or federal constitution or federal law or the sale is conducted as a part of a procedure to enforce an obligation to this state. Any sale may be either on the basis of public bids, with the department reserving the right to reject any bid in the best interest of the state, or on the basis of negotiated prices as determined through a competitive or transparent process. If the department receives an offer to purchase or lease property offered under this subsection, the department may submit a report to the building commission recommending acceptance of the offer. The report shall contain a description of the property and the reasons for the recommendation. The department may recommend the sale or lease of a parcel of property with or without the approval of the agency, as defined in s. 16.52 (7), having jurisdiction over of the property and regardless of whether the property is included in an inventory submitted under s. 13.48 (14) (d). If the building commission approves the proposed sale or lease, the department shall submit the proposed sale or lease to the joint committee on finance for approval under par. (b) may sell the property.

AB317,24 Section 24. 16.848 (1) (b) and (c) of the statutes, as created by 2013 Wisconsin Act 20, are repealed.

AB317,25 Section 25. 16.848 (1e) of the statutes, as created by 2013 Wisconsin Act 20, is repealed.

AB317,26 Section 26. 16.848 (1m) of the statutes, as created by 2013 Wisconsin Act 20, is repealed.

AB317,27 Section 27. 16.848 (1s) of the statutes, as created by 2013 Wisconsin Act 20, is repealed.

AB317,28 Section 28. 16.848 (2) (a) of the statutes is created to read:

AB317,14,9 16.848 (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.

AB317,29 Section 29. 16.848 (2) (am) of the statutes, as created by 2013 Wisconsin Act 20, is repealed.

AB317,30 Section 30. 16.848 (2) (b) of the statutes is created to read:

AB317,14,14 16.848 (2) (b) Subsection (1) does not apply to property under the jurisdiction of the Board of Regents of the University of Wisconsin System.

AB317,31 Section 31. 16.848 (2) (gw) of the statutes is created to read:

AB317,14,17 16.848 (2) (gw) Subsection (1) does not apply to the sale of property by the department of health services under s. 51.06 (6).

AB317,32 Section 32. 16.848 (2) (gx) of the statutes, as created by 2013 Wisconsin Act 20, is repealed.

AB317,33 Section 33. 16.848 (4) (a) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,15,20 16.848 (4) (a) 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 or leased under sub. (1), the department shall deposit a sufficient amount of the net proceeds from the sale or lease 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 there is any outstanding public debt used to finance the acquisition, construction, or improvement of any property that is sold or leased under sub. (1), the department shall then provide a sufficient amount of the net proceeds from the sale or lease of the property for the costs of maintaining federal tax law compliance applicable to 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 paragraph, the department shall use the net proceeds or remaining net proceeds to pay principal and interest costs on outstanding public debt issued to finance the acquisition, construction, or improvement of property. If any net proceeds remain thereafter, the department shall use the proceeds to pay principal and interest costs on other outstanding public debt.

AB317,34 Section 34. 16.848 (4) (b) 1. of the statutes, as affected by 2013 Wisconsin Act 20, is repealed and recreated to read:

AB317,15,25 16.848 (4) (b) 1. According preference to the redemption of general obligation debt within the same statutory bond purpose that was used to acquire, build, or improve the property being sold.

AB317,35 Section 35. 16.848 (4) (b) 2. of the statutes is created to read:

AB317,16,4 16.848 (4) (b) 2. Maintaining compliance with federal tax law applicable to the general obligation debt that was issued to acquire, build, or improve the property being sold.

AB317,36 Section 36. 16.848 (4) (b) 3. of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,16,10 16.848 (4) (b) 3. The extent to which general obligation debt that was issued to acquire, build, or improve the property being sold or leased is subject to current optional redemption, would require establishment of an escrow, or could be assigned for accounting purposes to another statutory bond purpose.

AB317,37 Section 37. 16.848 (4) (b) 5. of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,16,14 16.848 (4) (b) 5. The costs of maintaining federal tax law compliance in the selection of general obligation debt to be redeemed.

AB317,38 Section 38. 16.848 (4) (c) of the statutes, as created by 2013 Wisconsin Act 20, is repealed.

AB317,39 Section 39. 20.373 (1) (g) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,16,23 20.373 (1) (g) Administration, operation, repair, and rehabilitation. From the general fund, all moneys received from the sale of surplus land under 2005 Wisconsin Act 25, section 9105 (14q) except as provided in s. 13.48 (14) (am) or 16.848 (1), to be used for administration of the authority and the operation, repair, and rehabilitation of the Fox River lock system.

AB317,40 Section 40. 25.60 of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,17,6 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). Moneys in the budget stabilization fund are reserved to provide state revenue stability during periods of below-normal economic activity when actual state revenues are lower than estimated revenues under s. 20.005 (1).

AB317,41 Section 41. 36.09 (1) (L) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,17,11 36.09 (1) (L) The board shall possess all powers necessary or convenient for the operation of the system except as limited in this chapter and ss. 13.48 (14) (am) and 16.848 (1).

AB317,42 Section 42. 36.11 (1) (b) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,18,4 36.11 (1) (b) Except as provided in this paragraph and ss. 13.48 (14) (am) and 16.848 (1), the board may purchase, have custody of, hold, control, possess, lease, grant easements and enjoy any lands, buildings, books, records and all other property of any nature which may be necessary and required for the purposes, objects and uses of the system authorized by law. Any lease by the board is subject to the powers of the University of Wisconsin Hospitals and Clinics Authority under s. 233.03 (13) and the rights of the authority under any lease agreement, as defined in s. 233.01 (6). The board shall not permit a facility that would be privately owned or operated to be constructed on state-owned land without obtaining prior approval of the building commission under s. 13.48 (12). Subject to prior action under s. 13.48 (14) (am) or 16.848 (1), the The board may sell or dispose of such property as provided by law, or any part thereof when in its judgment it is for the best interests of the system and the state. All purchases and sales of real property shall be subject to the approval of the building commission. The provision of all leases of real property to be occupied by the board shall be the responsibility of the department of administration under s. 16.84 (5).

AB317,43 Section 43. 36.11 (1) (e) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,18,10 36.11 (1) (e) Subject to prior action under s. 13.48 (14) (am) or 16.848 (1), the The board, with the approval of the building commission, may sell or lease state-owned residence halls to another state agency or nonstate nonprofit agency for purposes of alternate use.

AB317,44 Section 44. 36.11 (28) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,18,18 36.11 (28) Lease agreement with the University of Wisconsin Hospitals and Clinics Authority. Subject to 1995 Wisconsin Act 27, section 9159 (2) (k), and subject to any prior lease entered into under s. 13.48 (14) (am) or 16.848 (1), the board shall negotiate and enter into a lease agreement with the University of Wisconsin Hospitals and Clinics Authority that meets the requirements under s. 233.04 (7) and shall comply with s. 233.04 (7g).

AB317,45 Section 45. 36.33 (title) and (1) of the statutes, as affected by 2013 Wisconsin Act 20, are amended to read:

AB317,19,13 36.33 (title) Sale or lease and relocation of agricultural lands. (1) Legislative intent. The legislature finds and determines that, because of the problems resulting from the development of the city of Madison around certain agricultural lands of the University of Wisconsin-Madison, the desirability of consolidating lands used for agricultural instruction, research and extension purposes, the desirability of disposing of agricultural lands no longer needed by the university and the need for land of better quality and of greater quantity for the purpose of improving and expanding agricultural research, it is in the public interest for the board to sell or lease, in whole or in part, and subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), the agricultural lands and improvements thereon owned by the board and located in sections 19, 20 and 30, township 7 north, range 9 east, Dane County; sections 25 and 27, township 7 north, range 8 east, Dane County; sections 34 and 35, township 38 north, range 11 east, Oneida County; and section 22, township 22 north, range 8 east, Portage County; and to purchase other agricultural lands outside of the Madison urban area and to construct thereon the necessary buildings and improvements. The foregoing policy determination is made without reference to or intention of limiting the powers which the board may otherwise have.

AB317,46 Section 46. 36.33 (2) (title) and (a) (intro.) of the statutes, as affected by 2013 Wisconsin Act 20, are amended to read:

AB317,19,19 36.33 (2) (title) Method of sale or lease; assessments. (a) (intro.) Subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), the The board, in selling or leasing any part of the agricultural lands and improvements thereon, mentioned in sub. (1), shall sell or lease on the basis of either of the following:

AB317,47 Section 47. 36.33 (3) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,19,24 36.33 (3) Building commission approval. The sale, lease and purchase of agricultural lands mentioned in sub. (1) is subject to prior action under s. 13.48 (14) (am) or 16.848 (1) and shall be subject to the approval of the building commission.

AB317,48 Section 48. 41.23 of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,20,10 41.23 Sale of excess or surplus property. The department may acquire excess or surplus property from the department of administration under ss. 16.72 (4) (b) and 16.98 (1) or from the department of transportation under s. 84.09 (5s) and, subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), the department may sell the property acquired under this section to any person at a price determined by the department of tourism. All proceeds received by the department of tourism from the sale of property under this section shall be credited to the appropriation account under s. 20.380 (1) (h).

AB317,49 Section 49. 41.41 (7) (b) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,20,16 41.41 (7) (b) Subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), lease Lease land that is part of the Kickapoo valley reserve to any person for purposes consistent with the management of the reserve under sub. (3), or for agricultural purposes, and lease other land that is acquired by the board for any lawful purpose.

AB317,50 Section 50. 44.015 (1) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,20,25 44.015 (1) Acquire any interest in real or personal property by gift, bequest or otherwise in any amount and, subject to prior action under s. 13.48 (14) (am) or 16.848 (1), may operate, manage, sell, or rent , or convey real estate acquired by gift, bequest, foreclosure or other means, upon such terms and conditions as the board of curators deems for its interests but may not sell, mortgage, transfer or dispose of in any manner or remove from its buildings, except for temporary purposes, any article therein without authority of law.

AB317,51 Section 51. 45.03 (5) (c) 1. a. of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,21,8 45.03 (5) (c) 1. a. Without limitation by reason of any other provisions of the statutes except ss. 13.48 (14) (am) and s. 16.848 (1), unless otherwise required by law, the power to sell and to convey title in fee simple to a nonprofit corporation any land and any existing buildings owned by the state that are under the jurisdiction of the department for the consideration and upon the terms and conditions as in the judgment of the board are in the public interest.

AB317,52 Section 52. 46.03 (30) (a) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,21,16 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 ss. 13.48 (14) (am) and s. 16.848 (1), explore the possible sale or lease of such excess facilities to a county department under s. 51.42.

AB317,53 Section 53. 46.035 (2) (a) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,21,25 46.035 (2) (a) Without limitation by reason of any other provisions of the statutes except ss. 13.48 (14) (am) and s. 16.848 (1), 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.

AB317,54 Section 54. 46.06 (4) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,22,9 46.06 (4) Sales. The department may, with the approval of the building commission, and subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), 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 such sales are subject to s. 13.48 (14) (c).

AB317,55 Section 55. 51.06 (6) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,23,2 51.06 (6) Sale of assets or real property at Northern Center for the Developmentally Disabled. The department may maintain the Northern Center for the Developmentally Disabled for the purpose specified in sub. (1), but may sell assets or real property, of the Northern Center for the Developmentally Disabled, subject to any prior action under s. 13.48 (14) (am) or 16.848 (1). If there is any outstanding public debt used to finance the acquisition, construction, or improvement of any property that is sold under this subsection, 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 purchased with federal financial assistance, the department shall pay to the federal government any of the net proceeds required by federal law. If there is no such debt outstanding and there are no moneys payable to the federal government, or if the net proceeds exceed the amount required to be deposited or paid under this subsection, the department shall credit the net proceeds or remaining net proceeds to the appropriation account under s. 20.435 (2) (gk).

AB317,56 Section 56. 84.01 (30) (g) 3. of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,23,10 84.01 (30) (g) 3. Notwithstanding any other statute except ss. 13.48 (14) (am) and 16.848 (1), the department may sell, at the appraised value, the real estate upon which a park-and-ride facility is or may be located, if the department determines that the sale is in the best interests of the public and the department determines that the real estate will be used in a manner consistent with the state's transportation interests.

AB317,57 Section 57. 84.09 (1) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,24,18 84.09 (1) The department may acquire by gift, devise, purchase or condemnation any lands for establishing, laying out, widening, enlarging, extending, constructing, reconstructing, improving and maintaining highways and other transportation related facilities, or interests in lands in and about and along and leading to any or all of the same; and after establishment, layout and completion of such improvements, the department may, subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), convey such lands thus acquired and not necessary for such improvements, with reservations concerning the future use and occupation of such lands so as to protect such public works and improvements and their environs and to preserve the view, appearance, light, air and usefulness of such public works. Whenever the department deems it necessary to acquire any such lands or interests therein for any transportation related purpose, it shall so order and in such order or on a map or plat show the old and new locations and the lands and interests required, and shall file a copy of the order and map with the county clerk and county highway committee of each county in which such lands or interests are required or, in lieu of filing a copy of the order and map, may file or record a plat in accordance with s. 84.095. For the purposes of this section the department may acquire private or public lands or interests in such lands. When so provided in the department's order, such land shall be acquired in fee simple. Unless it elects to proceed under sub. (3), the department shall endeavor to obtain easements or title in fee simple by conveyance of the lands or interests required at a price, including any damages, deemed reasonable by the department. The instrument of conveyance shall name the state as grantee and shall be recorded in the office of the register of deeds. The purchase or acquisition of lands or interests therein under this section is excepted and exempt from s. 20.914 (1). The department may purchase or accept donations of remnants of tracts or parcels of land existing at the time or after it has acquired portions of such tracts or parcels by purchase or condemnation for transportation purposes where in the judgment of the department such action would assist in making whole the landowner, a part of whose lands have been taken for transportation purposes and would serve to minimize the overall costs of such taking by the public. This subsection does not apply to lands that are sold under s. 16.848.

AB317,58 Section 58. 84.09 (5) (a) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB317,25,15 84.09 (5) (a) Subject to pars. (b) and (c) and any prior action under s. 13.48 (14) (am) or 16.848 (1), and subject to the approval of the governor, the department may sell at public or private sale property of whatever nature owned by the state and under the jurisdiction of the department when the department determines that the property is no longer necessary for the state's use for transportation purposes and, if real property, the real property is not the subject of a petition under s. 16.310 (2). The department shall present to the governor a full and complete report of the property to be sold, the reason for the sale, and the minimum price for which the same should be sold, together with an application for the governor's approval of the sale. The governor shall thereupon make such investigation as he or she may deem necessary and approve or disapprove the application. Upon such approval and receipt of the full purchase price, the department shall by appropriate deed or other instrument transfer the property to the purchaser. The approval of the governor is not required for public or private sale of property having an appraised value at the time of sale of not more than $15,000, for the transfer of surplus state real property to the department of administration under s. 16.310, or for the transfer of surplus state personal property to the department of tourism under sub. (5s). The funds derived from sales under this subsection shall be deposited in the transportation fund, and the expense incurred by the department in connection with the sale shall be paid from such fund.