August 23, 2013 - Introduced by Representatives Wright, Smith, Hintz, Wachs,
Jorgensen, Berceau, Richards, Goyke, Kolste, Johnson, Bernard Schaber,
Shankland, Sinicki, Zepnick, Genrich, Hesselbein, Doyle, C. Taylor, Young,
Ohnstad, Hebl, Ringhand, Vruwink, Milroy, Billings and Barca,
cosponsored by Senator T. Cullen. Referred to Joint Committee on Finance.
AB317,2,3 1An Act to repeal 13.48 (14) (am) 2. to 4., 13.48 (14) (bg) and (br), 13.48 (14) (c)
21. to 4., 13.48 (14) (cm), 16.705 (1b) (c), 16.848 (1) (b) and (c), 16.848 (1e), 16.848
3(1m), 16.848 (1s), 16.848 (2) (am), 16.848 (2) (gx) and 16.848 (4) (c); to
4renumber and amend
13.48 (14) (am) 1., 13.48 (14) (c) (intro.), 13.48 (14) (d)
5and 16.848 (1) (a); to amend 13.48 (2) (b) 3., 13.48 (14) (title), 13.48 (14) (a),
613.48 (14) (b), 13.48 (20), 13.48 (22), 13.48 (23), 13.482 (2) (a), 13.488 (1) (a),
713.488 (1) (b), 16.310 (5), 16.84 (1), 16.848 (title), 16.848 (4) (a), 16.848 (4) (b)
83., 16.848 (4) (b) 5., 20.373 (1) (g), 25.60, 36.09 (1) (L), 36.11 (1) (b), 36.11 (1) (e),
936.11 (28), 36.33 (title) and (1), 36.33 (2) (title) and (a) (intro.), 36.33 (3), 41.23,
1041.41 (7) (b), 44.015 (1), 45.03 (5) (c) 1. a., 46.03 (30) (a), 46.035 (2) (a), 46.06 (4),
1151.06 (6), 84.01 (30) (g) 3., 84.09 (1), 84.09 (5) (a), 84.09 (5) (c) 1., 84.09 (5) (c)
122. (intro.), 84.09 (5) (c) 2m. (intro.), 84.09 (5m), 84.09 (6), 84.40 (2) (a), 85.09 (2)
13(a), 85.09 (4), 85.09 (4i), 85.15 (1), 108.161 (7), 108.161 (9), 114.33 (6) (a), 114.33
14(10), 301.235 (2) (a) 1., 301.24 (4), 301.24 (4m) and 302.04; to repeal and

1recreate
16.848 (4) (b) 1.; and to create 13.48 (14) (d) 1., 3., and 4., 16.848 (2)
2(a), 16.848 (2) (b), 16.848 (2) (gw), 16.848 (4) (b) 2. and 84.09 (9) of the statutes;
3relating to: sale or lease of state property.
Analysis by the Legislative Reference Bureau
Currently, with certain exceptions, the Department of Administration (DOA)
or the Building Commission may sell or lease state-owned real property if DOA or
the commission determines that the sale or lease is in the best interest of the state.
Any sale by DOA is subject to approval of the commission and any sale by DOA or
the commission is subject to approval by the Joint Committee on Finance (JCF). Any
sale may be either on the basis of competitive bids, with DOA or the commission
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.
Any sale may be with or without the approval of the agency having jurisdiction over
the property to be sold. The authority does not apply to any property for which the
cost of acquisition, construction, or improvement was financed at least 50 percent by
gifts or grants or at least 50 percent by federal funds and does not apply to any
property that is owned or leased by the investment board. Also currently, various
state agencies have authority to sell or lease real property under their jurisdictions
subject to various conditions and limitations if DOA or the commission has not
exercised its authority to sell or lease the property and no sale or lease is pending.
The net proceeds of any sale by DOA or the commission are first used to retire any
public debt that was used to finance the acquisition, construction, or improvement
of the property that is sold. Thereafter, the net proceeds are used to pay the costs of
federal tax law compliance applicable to the debt. Thereafter, the net proceeds are
used to retire any revenue obligation debt in the fund that was used to acquire,
construct, or improve the property that was sold and thereafter, to pay the costs of
federal tax law compliance applicable to the debt and thereafter to retire any similar
revenue obligations. If the property was acquired, constructed, or improved with
federal financial assistance, DOA must pay to the federal government any of the net
proceeds required by federal law. If the property was acquired by gift or grant or with
gift or grant funds, DOA must adhere to any restriction governing use of the
proceeds. Thereafter, the net proceeds are used to retire other outstanding public
debt. Currently, if any property that is proposed to be sold by DOA or the commission
is co-owned by a nonstate entity, DOA or the commission must afford the co-owner
the right of first refusal to purchase the share of the property owned by the state on
reasonable financial terms established by DOA or the commission.
Currently, if DOA sells or leases a state-owned heating, cooling, or power plant,
DOA may contract with the purchaser to purchase the output of the plant. Currently,
if DOA or the commission sells any real property that was under the jurisdiction of
a state agency prior to the sale, the agency must convey all systems, fixtures, or other
property interests specified by DOA or the commission to the purchaser on terms

specified by DOA or the commission. Current law also provides that if DOA or the
commission sells or leases any property that was under the jurisdiction of a state
agency prior to the sale or lease, DOA may decrease the authorized full-time
equivalent positions for the agency and may lapse or transfer appropriated moneys
from any appropriation made to the agency, other than a sum sufficient
appropriation, an appropriation made to the Board of Regents of the University of
Wisconsin System, or an appropriation of segregated or federal revenues, to account
for discontinuance of the operation of the facility by the agency.
Currently, with limited exceptions, each state agency must submit a biennial
report to DOA containing an inventory of all real property under its jurisdiction
together with the estimated fair market value of each property. Each agency must
specifically identify underutilized assets in the inventory. Following receipt of the
inventories, DOA must obtain appraisals of all property in the inventories identified
by DOA for potential sale and submit to the commission an inventory containing the
location, description, and fair market value of each property identified for potential
sale.
Under this bill, with certain exceptions, DOA may sell or lease state-owned real
property if DOA determines that the sale is in the best interest of the state and the
Building Commission approves the sale. Any sale may be either on the basis of public
bids, with DOA reserving the right to reject any bid in the best interest of the state,
or negotiated prices. Sales are not subject to the approval of JCF. The bill also
permits state agencies to sell real property under their jurisdictions to the extent
permitted by law. Generally, DOA's authority does not extend to property that
another agency has authority to sell. In addition, DOA's authority does not operate
to permit the closure or sale of any facility or institution the operation of which is
required by law and does not apply to property under the jurisdiction of the Board
of Regents of the University of Wisconsin System and certain property under the
jurisdiction of the Department of Health Services at the Northern Center for the
Developmentally Disabled. Any sale by DOA may be with or without the approval
of the agency having jurisdiction over the property to be sold. The bill does not afford
to any entity the right of first refusal with respect to the proposed sale of any property
and does not permit DOA to decrease the full-time equivalent positions or to lapse
or transfer moneys from the appropriations of any agency. The net proceeds of any
sale are used to retire any outstanding public debt that was incurred to acquire,
construct, or improve the property being sold and if the property was acquired,
constructed, or improved with federal financial assistance, to repay the federal
government to the extent required by federal law. If the property was acquired by
gift or grant or with gift or grant funds, DOA must adhere to any restriction
governing use of the proceeds. DOA must use any remaining net proceeds to retire
other outstanding public debt.
The bill also permits the Building Commission, with certain exceptions, to sell
state-owned real property where this authority is not given to another state agency
by law and to transfer land under its jurisdiction among agencies. Sales may be
accomplished in a manner similar to the manner in which sales are accomplished by
DOA, except that sales of surplus land having a value of $20,000 are subject to the

approval of JCF. Under the bill, the commission does not have the authority to sell
a parcel of state-owned real property once DOA notifies the commission that an offer
of sale or sale with respect to the parcel is pending. The net proceeds of any sales by
the commission are used to retire any public debt that was used to acquire or
construct any improvements on the property being sold. The remaining net proceeds
must be deposited in the budget stabilization fund.
The bill does not require state agencies to file biennial reports with respect to
all real property under their jurisdictions but instead directs state agencies to report
biennially to the commission concerning parcels of surplus land under their
jurisdictions and directs the commission to compile biennially and transmit to JCF
an inventory of state-owned surplus land.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB317,1 1Section 1. 13.48 (2) (b) 3. of the statutes, as affected by 2013 Wisconsin Act 20,
2is amended to read:
AB317,4,83 13.48 (2) (b) 3. Except as provided in sub. (14) (am), the The building
4commission may lease space in buildings described under subd. 2. to other
5governmental bodies or to nonprofit associations organized for public purposes and
6shall charge those bodies or associations an annual rental which shall be not less
7than the cost of operating, maintaining and amortizing the construction cost of the
8leased space.
AB317,2 9Section 2. 13.48 (14) (title) of the statutes, as affected by 2013 Wisconsin Act
1020
, is amended to read:
AB317,4,1111 13.48 (14) (title) Sale or lease of property lands.
AB317,3 12Section 3. 13.48 (14) (a) of the statutes, as affected by 2013 Wisconsin Act 20,
13is amended to read:
AB317,4,1614 13.48 (14) (a) In this subsection, "agency" has the meaning given in s. 16.52 (7)
15for "state agency" in s. 20.001 (1), except that the term does not include the Board of
16Regents of the University of Wisconsin System
.
AB317,4
1Section 4. 13.48 (14) (am) 1. of the statutes, as affected by 2013 Wisconsin Act
220
, is renumbered 13.48 (14) (am) and amended to read:
AB317,5,183 13.48 (14) (am) Except as provided in this paragraph and subject to par. (d),
4the building commission shall have the authority to sell or lease all or any part of a
5state-owned real property unless the sale or lease is prohibited under the state or
6federal constitution or federal law or the sale is conducted as a part of a procedure
7to enforce an obligation to this state
building or structure or state-owned land,
8including farmland, where such authority is not otherwise provided to an agency by
9law
, and may transfer real property land under its jurisdiction among agencies. The
10commission may sell or lease property under this paragraph with or without the
11approval of the agency having jurisdiction over the property and regardless of
12whether the property is included in an inventory submitted under par. (d).
The
13building commission does not have the authority to sell or lease any state-owned real
14property under this paragraph after the department of administration notifies the
15commission in writing that an offer of sale or sale or lease agreement with respect
16to a property is pending under s. 16.848 (1). If the sale or lease is not completed and
17no further action is pending with respect to the property, the authority of the building
18commission under this paragraph is restored.
AB317,5 19Section 5. 13.48 (14) (am) 2. to 4. of the statutes, as created by 2013 Wisconsin
20Act 20
, are repealed.
AB317,6 21Section 6. 13.48 (14) (b) of the statutes, as affected by 2013 Wisconsin Act 20,
22is amended to read:
AB317,6,723 13.48 (14) (b) The Subject to par. (d), the building commission shall sell or lease
24on the basis of either public bids, with the building commission reserving the right
25to reject any or all bids in the best interest of the state, or on the basis of negotiated

1prices as determined through a competitive or transparent process. Buildings,
2structures and land mentioned in this subsection shall be subject to general property
3taxes levied by those taxing bodies within whose area they lie if used for commercial
4purposes, and shall be subject to special assessments for public improvements in the
5same manner and to the same extent as privately owned real property buildings,
6structures, and land
, subject to approval of the building commission when required
7under s. 66.0703 (6).
AB317,7 8Section 7. 13.48 (14) (bg) and (br) of the statutes, as created by 2013 Wisconsin
9Act 20
, are repealed.
AB317,8 10Section 8. 13.48 (14) (c) (intro.) of the statutes, as affected by 2013 Wisconsin
11Act 20
, is renumbered 13.48 (14) (c) and amended to read:
AB317,7,1812 13.48 (14) (c) Except as provided in par. (e), if If there is any outstanding public
13debt used to finance the acquisition, of a building, structure, or land or the
14construction, or improvement of any property a building or structure that is sold or
15leased under par. (am) (b), the building commission shall deposit a sufficient amount
16of the net proceeds from the sale or lease of the property building, structure, or land
17in the bond security and redemption fund under s. 18.09 to repay the principal and
18pay the interest on the debt, and any premium due upon refunding any of that debt.
19If there is any outstanding public debt used to finance the acquisition, construction,
20or improvement of any property that is sold or leased under par. (am), the building
21commission shall then provide a sufficient amount of the net proceeds from the sale
22or lease of the property for the costs of maintaining federal tax law compliance
23applicable to the debt. If the property was acquired, constructed, or improved with
24federal financial assistance, the commission shall pay to the federal government any
25of the proceeds required by federal law. If the property was acquired by gift or grant

1or with gift or grant funds, the commission shall adhere to any restriction governing
2use of the proceeds. Except as required under par. (e) and ss. 20.395 (9) (qd) and 51.06
3(6), if
Except as provided in s. 51.06 (6), if there is no such debt outstanding, there
4are no moneys payable to the federal government, and there is no restriction
5governing use of the proceeds, and
or if the net proceeds exceed the amount required
6to be deposited, paid, or used for another purpose under this subsection repay that
7principal and pay that interest and premium
, the building commission shall use
8deposit the net proceeds or remaining net proceeds to pay principal and interest costs
9on outstanding public debt issued to finance the acquisition, construction, or
10improvement of property. If any net proceeds remain thereafter, the commission
11shall use the proceeds to pay principal and interest costs on other outstanding public
12debt. For the purpose of paying principal and interest costs on other outstanding
13public debt under this paragraph, the commission may cause outstanding bonds to
14be called for redemption on or following their optional redemption date, establish one
15or more escrow accounts to redeem bonds at their optional redemption date, or
16purchase bonds in the open market. To the extent practical, the commission shall
17consider all of the following in determining which public debt to redeem:
in the
18budget stabilization fund
.
AB317,9 19Section 9. 13.48 (14) (c) 1. to 4. of the statutes, as created by 2013 Wisconsin
20Act 20
, are repealed.
AB317,10 21Section 10. 13.48 (14) (cm) of the statutes, as created by 2013 Wisconsin Act
2220
, is repealed.
AB317,11 23Section 11. 13.48 (14) (d) of the statutes, as affected by 2013 Wisconsin Act 20,
24is renumbered 13.48 (14) (d) 2. and amended to read:
AB317,8,12
113.48 (14) (d) 2. Biennially, beginning on January 1, 2014, each agency other
2than the investment board shall submit to the department of administration an
3inventory of all real property under its jurisdiction. Except with respect to the Board
4of Regents of the University of Wisconsin System, the inventory shall include the
5estimated fair market value of each property. The agency shall specifically identify
6any underutilized assets in the inventory. No later than July 1 following receipt of
7the inventories, the department of administration shall obtain appraisals of all
8properties in the inventories that are identified by the department for potential sale
9and
1984, each agency having surplus land shall submit to the building commission
10and the joint committee on finance an inventory containing the location, description
11and fair market value of each parcel of property identified for potential sale surplus
12land
.
AB317,12 13Section 12. 13.48 (14) (d) 1., 3., and 4. of the statutes are created to read:
AB317,8,1714 13.48 (14) (d) 1. In this paragraph, "surplus land" means land under the
15jurisdiction of the commission and allocated for use by an agency, but unused and not
16needed for the agency's operations or included in the agency's plan for construction
17or development.
AB317,8,2018 3. Except as provided in subd. 4., the commission shall annually, beginning
19January 1, 1984, submit to the joint committee on finance an inventory of surplus
20land containing the following information for each parcel:
AB317,8,2121 a. The location, description and fair market value.
AB317,8,2322 b. Whether the commission intends to sell or transfer the use of the parcel from
23one agency to another agency.
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.
AB317,13 13Section 13. 13.48 (20) of the statutes, as affected by 2013 Wisconsin Act 20,
14is amended to read:
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).
AB317,14 19Section 14. 13.48 (22) of the statutes, as affected by 2013 Wisconsin Act 20,
20is amended to read:
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
.
AB317,15 3Section 15. 13.48 (23) of the statutes, as affected by 2013 Wisconsin Act 20,
4is amended to read:
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.
AB317,16 12Section 16. 13.482 (2) (a) of the statutes, as affected by 2013 Wisconsin Act 20,
13is amended to read:
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.
AB317,17 17Section 17. 13.488 (1) (a) of the statutes, as affected by 2013 Wisconsin Act 20,
18is amended to read:
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.
AB317,18 24Section 18. 13.488 (1) (b) of the statutes, as affected by 2013 Wisconsin Act 20,
25is amended to read:
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.
AB317,19 5Section 19. 16.310 (5) of the statutes, as affected by 2013 Wisconsin Act 20,
6is amended to read:
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
.
AB317,20 10Section 20. 16.705 (1b) (c) of the statutes, as created by 2013 Wisconsin Act
1120
, is repealed.
AB317,21 12Section 21. 16.84 (1) of the statutes, as affected by 2013 Wisconsin Act 20, is
13amended to read:
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).
AB317,22
1Section 22. 16.848 (title) of the statutes, as affected by 2013 Wisconsin Act 20,
2is amended to read:
AB317,13,3 316.848 (title) Sale or lease of certain state property or facilities.
AB317,23 4Section 23. 16.848 (1) (a) of the statutes, as affected by 2013 Wisconsin Act 20,
5is renumbered 16.848 (1) and amended to read:
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.
AB317,24 23Section 24. 16.848 (1) (b) and (c) of the statutes, as created by 2013 Wisconsin
24Act 20
, are repealed.
AB317,25
1Section 25. 16.848 (1e) of the statutes, as created by 2013 Wisconsin Act 20,
2is repealed.
AB317,26 3Section 26. 16.848 (1m) of the statutes, as created by 2013 Wisconsin Act 20,
4is repealed.
AB317,27 5Section 27. 16.848 (1s) of the statutes, as created by 2013 Wisconsin Act 20,
6is repealed.
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.
AB317,29 10Section 29. 16.848 (2) (am) of the statutes, as created by 2013 Wisconsin Act
1120
, is repealed.
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).
AB317,32 18Section 32. 16.848 (2) (gx) of the statutes, as created by 2013 Wisconsin Act
1920
, is repealed.
AB317,33 20Section 33. 16.848 (4) (a) of the statutes, as affected by 2013 Wisconsin Act 20,
21is amended to read:
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.
AB317,34 21Section 34. 16.848 (4) (b) 1. of the statutes, as affected by 2013 Wisconsin Act
2220
, is repealed and recreated to read:
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.
AB317,36 5Section 36. 16.848 (4) (b) 3. of the statutes, as affected by 2013 Wisconsin Act
620
, is amended to read:
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.
AB317,37 11Section 37. 16.848 (4) (b) 5. of the statutes, as affected by 2013 Wisconsin Act
1220
, is amended to read:
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.
AB317,38 15Section 38. 16.848 (4) (c) of the statutes, as created by 2013 Wisconsin Act 20,
16is repealed.
AB317,39 17Section 39. 20.373 (1) (g) of the statutes, as affected by 2013 Wisconsin Act 20,
18is amended to read:
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.
AB317,40 24Section 40. 25.60 of the statutes, as affected by 2013 Wisconsin Act 20, is
25amended to read:
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