13.48(11)
(11) Exceptions. Nothing in this section prohibits the use of past policies and existing statutory authority to borrow funds for the construction of buildings.
13.48(12)
(12) Privately owned or operated facilities. 13.48(12)(a)(a) Except as provided in
par. (b), no state board, agency, officer, department, commission or body corporate which has authority to permit a privately owned or operated facility to be constructed on state-owned land may permit a facility that would be privately owned or operated to be constructed on state-owned land without prior approval of the building commission.
13.48(12)(b)
(b) This subsection does not apply to any of the following:
13.48(12)(b)1.
1. A facility constructed by or for corporations having condemnation authority under
s. 32.02 (3) to
(10) and
(13) for purposes for which the corporation would have condemnation authority.
13.48(12)(b)2.
2. A facility constructed by or for the state fair park board, if the cost of constructing the facility does not exceed $250,000.
13.48(13)
(13) Application of laws, rules, codes, ordinances and regulations. 13.48(13)(a)(a) Except as provided in
par. (b) or
(c), every building, structure or facility that is constructed for the benefit of or use of the state, any state agency, board, commission or department or the University of Wisconsin Hospitals and Clinics Authority or any local professional baseball park district created under
subch. III of ch. 229 if the construction is undertaken by the department of administration on behalf of the district, shall be in compliance with all applicable state laws, rules, codes and regulations but the construction is not subject to the ordinances or regulations of the municipality in which the construction takes place except zoning, including without limitation because of enumeration ordinances or regulations relating to materials used, permits, supervision of construction or installation, payment of permit fees, or other restrictions.
13.48(13)(b)
(b) Every building, structure or facility that is constructed at state fair park shall be in compliance with all applicable state laws, rules and codes but is not subject to zoning or any other ordinances or regulations of the municipality in which the park is located.
13.48(13)(c)
(c) No construction undertaken by the state for the purpose of renovation of the state capitol building is subject to any state law, rule, code or regulation, or any zoning ordinance or regulation of the city of Madison, governing such construction.
13.48(14)(am)
(am) Subject to
par. (d), the building commission shall have the authority to sell or lease all or any part of a state-owned building or structure or state-owned land, including farmland, where such authority is not otherwise provided to an agency by law, and may transfer land under its jurisdiction among agencies.
13.48(14)(b)
(b) Subject to
par. (d), the building commission shall sell or lease on the basis of either public bids, with the building commission reserving the right to reject any or all bids in the best interest of the state, or negotiated prices. Buildings, structures and land mentioned in this subsection shall be subject to general property taxes levied by those taxing bodies within whose area they lie if used for commercial purposes, and shall be subject to special assessments for public improvements in the same manner and to the same extent as privately owned buildings, structures and land, subject to approval of the building commission when required under
s. 66.60 (4).
13.48(14)(c)
(c) If there is any outstanding public debt used to finance the acquisition of a building, structure or land or the construction of a building or structure that is sold or leased under
par. (b), the building commission shall deposit a sufficient amount of the net proceeds from the sale or lease of the building, structure or land 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 that debt. If there is no such debt outstanding, or, if the net proceeds exceed the amount required to repay that principal and pay that interest and premium, the building commission shall credit the net proceeds or remaining net proceeds to the appropriation account under
s. 20.865 (4) (a).
13.48(14)(d)1.1. In this paragraph, "surplus land" means land under the jurisdiction of the commission and allocated for use by an agency, but unused and not needed for the agency's operations or included in the agency's plan for construction or development.
13.48(14)(d)2.
2. Biennially, beginning on January 1, 1984, each agency having surplus land shall submit to the building commission and the joint committee on finance an inventory containing the location, description and fair market value of each parcel of surplus land.
13.48(14)(d)3.
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:
13.48(14)(d)3.b.
b. Whether the commission intends to sell or transfer the use of the parcel from one agency to another agency.
13.48(14)(d)3.c.
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.
13.48(14)(d)4.
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.
13.48(14)(e)
(e) If the state office building located at 3319 West Beltline highway in Dane county is sold by the state, the building commission shall ensure that the transferee pays $476,228 from the proceeds of the sale to the Wisconsin Public Broadcasting Foundation, if the foundation exists at the time of the transfer.
13.48(15)
(15) Acquisition of leasehold interests. The building commission shall have the authority to acquire leasehold interests in land and buildings where such authority is not otherwise provided to an agency by law.
13.48(16)
(16) Madison downtown state office facilities. The eminent domain authority of the building commission under
ch. 32 is limited to the acquisition of such parcels of land as it deems necessary for a site for Madison downtown state office facilities, whenever the building commission is unable to agree with the owner upon the compensation therefor, or whenever the absence or legal incapacity of such owner, or other cause prevents or unreasonably delays such agreement.
13.48(17)
(17) Advanced land acquisition. In the interest of preventing land speculation the building commission may acquire property within the blocks bordered by East Washington Avenue, South Webster Street, East Wilson Street and South Hancock Street in the city of Madison for possible future construction.
13.48(18)
(18) Acquisition of open spaces. The building commission may acquire property adjacent to or within 2 blocks of any state facility for the purpose of establishing and developing open green spaces and possible future construction.
13.48(19)
(19) Alternatives to state construction. Whenever the building commission determines that the use of innovative types of design and construction processes will make better use of the resources and technology available in the building industry, the building commission may waive any or all of
s. 16.855 if such action is in the best interest of the state and if the waiver is accomplished through formal action of the building commission. The building commission may authorize the lease, lease purchase or acquisition of such facilities constructed in the manner authorized by the building commission. The building commission may also authorize the lease, lease purchase or acquisition of existing facilities in lieu of state construction of any project enumerated in the authorized state building program.
13.48(20)
(20) Residence halls. 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).
13.48(21)
(21) Debt increase for medical college of Wisconsin. 13.48(21)(a)(a) The building commission may authorize up to $8,000,000 of general fund supported borrowing to aid in the construction of a basic science education facility at the medical college of Wisconsin. Prior to the approval of any state funding commitment, the building commission must satisfy itself that the medical college of Wisconsin has secured additional funding commitments of at least $34,000,000 from other nonstate revenue sources; that such revenue sources are reasonable and available; that the nonstate funding commitments will not exceed $10,000,000 in borrowed funds, the repayment of which shall be amortized over a period of years equal to at least three-fourths of the amortization period for retirement of the bond issue authorized under
s. 20.866 (2) (zb), and that the nonstate funding commitment will not jeopardize the operating funds of the medical college; and that the total funding commitments will enable the signing of contracts for the construction of a complete basic sciences educational facility. If the building commission authorizes a construction grant to the medical college of Wisconsin, the medical college, in return, shall provide the state with an option-to-purchase with the following provisions:
13.48(21)(a)1.
1. The option price shall be the appraised fair market value at the time the option is exercised, less a credit recognizing the amount of the state's initial grant. The option shall be subject to any mortgage or other security interest of any private lenders and to the lease existing between the college and Milwaukee county.
13.48(21)(a)2.
2. The option could be exercised only upon the occurrence of any one of the 3 following events:
13.48(21)(a)2.a.
a. Suspension of operation of a medical school by the medical college of Wisconsin or any successor organization;
13.48(21)(b)
(b) If the state does not wish to exercise the option, and if the building is sold to any third party, such agreement shall provide that the state has the right to receive an amount equal to construction grant from the net proceeds of any such sale after the mortgage has been satisfied and all other secured debts have been paid. This right shall be paramount to the right of the college to the proceeds upon such sale.
13.48(22)
(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.
13.48(23)
(23) Lease of space for commercial use. 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.
13.48(24)
(24) Terms on debt for maintenance projects. The building commission shall limit the term of debt issued to finance maintenance projects.
13.48(25)
(25) Wisconsin initiative for state technology and applied research. There is created a program, to be known as the Wisconsin initiative for state technology and applied research, for the purpose of providing financial support to maintain the ability of the university of Wisconsin system and other state agencies, as defined in
s. 20.001 (1), to attract federal and private research funds which enable the state to engage in high-technology endeavors, which expand the state's economy and which influence the ability of the state and nation to compete in an increasingly complex world. To carry out the program, the building commission may authorize new construction projects and projects to repair and renovate existing research facilities and supporting systems. Projects shall be financed from the appropriation under
s. 20.866 (2) (z) or as otherwise provided in the authorized state building program.
13.48(26)
(26) Clean water annual finance plan approval. The building commission shall review the versions of the biennial finance plan and any amendments to the biennial finance plan submitted to it by the department of natural resources and the department of administration under
s. 281.59 (3) (bm) and the recommendations of the joint committee on finance and the standing committees to which the versions of the biennial finance plan and any amendments were submitted under
s. 281.59 (3) (bm). The building commission shall consider the extent to which that version of the biennial finance plan that is updated to reflect the adopted biennial budget act will maintain the clean water fund in perpetuity. The building commission shall consider the extent to which the implementation of the clean water fund, as set forth in the biennial finance plan updated to reflect the adopted biennial budget act, implements legislative intent on the clean water fund program. The building commission shall, no later than 60 days after the date of enactment of the biennial budget act, either approve or disapprove the biennial finance plan that is updated to reflect the adopted biennial budget act, except that the building commission may not disapprove those amounts that the legislature approves under
s. 281.59 (3) (c). If the building commission disapproves the version of the biennial finance plan that is updated to reflect the adopted biennial budget act, it must notify the department of natural resources and the department of administration of its reasons for disapproving the plan, and those departments must revise that version of the biennial finance plan and submit the revision to the building commission.
13.48(27)
(27) Lease of correctional facilities. The building commission may lease any facility for use of the department of corrections as a part of the authorized state building program, with an option to purchase the facility by the state. Any lease shall provide for the facility to be in accordance with requirements and specifications approved by the department of administration and shall permit inspection of the site and facility by agents of the department.
13.48(28)
(28) State property leased to the University of Wisconsin Hospitals and Clinics Authority. The building commission may not authorize public debt to construct or improve any on-campus facilities, as defined under
s. 233.01 (7), if the building commission believes, at the time that the public debt is authorized, that the facilities are or will be leased to the University of Wisconsin Hospitals and Clinics Authority.
13.48 History
History: 1971 c. 125;
1973 c. 90;
1973 c. 243 s.
82;
1973 c. 335 s.
13;
1975 c. 39,
40,
198,
199;
1977 c. 26;
1977 c. 29 ss.
7,
8r,
1654 (8) (c);
1977 c. 325;
1977 c. 418 ss.
5,
5m,
924 (18) (c);
1979 c. 34,
221,
350;
1981 c. 341;
1983 a. 27 ss.
11 to
12n,
2202 (5);
1983 a. 36 ss.
18 to
20,
96 (3);
1983 a. 207;
1985 a. 29,
120;
1987 a. 27,
186,
395,
399;
1989 a. 31,
366;
1991 a. 39,
269,
315;
1993 a. 16,
288,
414;
1995 a. 27,
216,
225,
227.
13.48 Annotation
"Final plans" requirement of (10) was satisfied where plans were adequate to award contract under design/build process. Waiver standards under (19) are sufficient. This section does not violate separation of powers doctrine. J. F. Ahern Co. v. Building Commission, 114 W (2d) 69, 336 NW (2d) 679 (Ct. App. 1983).
13.48 Annotation
State building projects that necessitate construction of utility services, sidewalks, driveway entrances, etc. are not subject to municipal control or regulation. (See also Hartford Union H.S. v. Hartford, 51 W (2d) 591.) 59 Atty. Gen. 62.
13.48 Annotation
Building commission release or use of building trust funds discussed. 61 Atty. Gen. 332.
13.48 Annotation
The building commission has the power of condemnation under (16) for the acquisitions authorized by (17). Such power also exists for acquisitions under (18) provided the acquisitions fall within the criteria of (16). The commission must file the plan called for in 32.25 whenever it contemplates engaging in land acquisition activities for which the power of condemnation exists under law. 63 Atty. Gen. 290.
13.48 Annotation
Under (13), state is subject to local zoning when remodeling a newly acquired or leased facility. 67 Atty. Gen. 251.
13.48 Annotation
Money resulting from extinguishment of public debt under 18.10 (10) is appropriated by 20.867 (2) (q) to long-range building program. 68 Atty. Gen. 320.
13.48 Annotation
Subject to certain limitations, lease of state office building space to commercial enterprise serving both state employes and general public is constitutional. Such leases do not require bidding. 69 Atty. Gen. 121.
13.48 Annotation
Sub. (13) does not subject DNR to local zoning with respect to its construction of any facility whose purpose is to assure public access to outdoor recreational areas, rather than to facilitate DNR's internal operations.
81 Atty. Gen. 56.
13.482
13.482
State public building corporation. 13.482(1)
(1)
Organization. The building commission is authorized to organize a nonprofit-sharing corporation to be known as the Wisconsin state public building corporation. When so requested by the building commission, such corporation shall have authority to lease any state-owned land that may be available for the purposes of this section and to construct thereon such building projects, including all necessary buildings, improvements, facilities, equipment and other capital items as are required for the proper use and operation of such building projects after their completion. Nothing in this subsection shall be construed to prohibit the building commission from exercising the powers conferred upon it by this section and
s. 13.488 with nonstock, nonprofit corporations other than the Wisconsin state public building corporation.
13.482(2)
(2) Building commission may acquire and lease lands. 13.482(2)(a)(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 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, nonprofit corporation organized under
ch. 181 or any law amendatory thereof or supplemental thereto for a term or terms not exceeding 50 years each, on 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
s. 16.85. 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.
13.482(2)(b)
(b) The building commission shall annually determine and fix the rate of annual rental and the share which shall be paid by each state department and agency occupying the building project. Such share shall be computed on a basis of square feet of floor space occupied or used by each department and agency, giving proper weight to the quality of space occupied. The building commission may continue to charge each such department and agency such rental after the project has been completed and acquired by the state. Such rentals shall be credited to the appropriation account under
s. 20.505 (5) (ka). Plans for projects and all contracts and leases and re-leases made pursuant to this section shall, before becoming effective, have the written approval of the secretary of administration and the governor. This paragraph does not authorize the building commission to incur any state debt for the construction, lease or re-lease of such buildings, improvements, facilities or equipment for the housing of state departments and agencies.
13.482(3)
(3) Powers. In exercising the powers, functions and duties conferred upon the building commission pursuant to this section, the building commission shall have and may exercise all of the powers conferred upon it pursuant to
s. 13.488 not inconsistent with this section. The state shall be liable for accrued rentals and for any other default under any lease or re-lease made with the Wisconsin state public building corporation or other nonstock, nonprofit corporation under this section and may be sued therefor on contract as in other contract actions pursuant to
ch. 775, except that it shall not be necessary for the Wisconsin state public building corporation or other nonstock, nonprofit corporation or any assignee of any such corporation or any person or other legal entity proceeding on behalf of any such corporation to file any claim with the legislature prior to the commencement of any such action.
13.482 History
History: 1979 c. 32 s.
92 (5);
1983 a. 36 ss.
21,
96 (3), (4);
1987 a. 27.
13.484
13.484
Limitation on certain building projects. 13.484(1)
(1) This section does not apply to building projects which are amortized from private user charges such as, without limitation because of enumeration, student dormitories and food service buildings.
13.484(2)
(2) No state building corporation may undertake any project or the financing of any project that would increase the total outstanding bonded indebtedness of all state building corporations to an amount in excess of 200% of that portion of all state taxes which were retained by the state during the preceding fiscal year and which became general purpose revenues in the general fund. Any project for which binding commitments have been made before July 1, 1966 and which is not in compliance with this section may be completed.
13.485
13.485
Parking structure funding. 13.485(1)
(1) The parking facility that is enumerated for construction in the 1985-87 authorized state building program and that is located in Milwaukee county on Lake Michigan may be the subject of an agreement under
sub. (4) and
s. 59.79 [(7)] and may be funded from the proceeds of revenue obligations issued subject to and in accordance with
subch. II of ch. 18.
13.485 Note
NOTE: The bracketed language was inserted by
1995 Wis. Act 201 without being underscored. The change was intended. Corrective legislation is pending.
13.485(2)
(2) The building commission may, under
s. 18.56 (5) and
(9) (j), deposit in a separate and distinct fund, outside the state treasury, in an account maintained by a trustee, fees and charges derived from the facilities or from agreements entered into under
sub. (4). The fees and charges deposited are the trustee's moneys in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the fees and charges to the repayment of revenue obligations issued under this section.
13.485(3)
(3) The building commission may pledge fees and charges received or to be received in the fund established in
sub. (2) to secure revenue obligations issued under this section and the building commission shall have all other powers necessary and convenient to distribute the pledged fees and charges and to distribute the proceeds of revenue obligations in accordance with
subch. II of ch. 18.
13.485(4)
(4) The building commission may enter into agreements with the federal government or its agencies, political subdivisions of this state or private individuals or entities to insure, guaranty or in any other manner provide security for the revenue obligations issued under this section or to construct, operate, maintain or manage the facilities under
sub. (1).
13.485(5)
(5) Revenue obligations may be contracted by the building commission if it reasonably appears to the building commission that all obligations incurred under this section can be fully paid from moneys received or anticipated and pledged to be received on a timely basis. Revenue obligations issued under this section may not exceed $14,541,200 in principal amount, excluding obligations issued to fund, refund or refinance outstanding revenue obligations.
13.485 History
History: 1985 a. 29;
1995 a. 201.
13.486
13.486
State office building, completion of. 13.486(1)
(1) The building commission is authorized to proceed with the completion of the state office building. The project shall be effected in accordance with
s. 13.482.
13.486(2)
(2) The entire property including the building and land shall be operated by the building commission through the department of administration as provided in
s. 13.482 (2).
Section 13.482 shall apply to the building and land.
13.486(4)
(4) All acts or parts thereof, conflicting with this section are, insofar as they conflict with this section and no further, superseded by this section.
13.488
13.488
Building commission; powers and duties. 13.488(1)(1) For the purpose of providing housing for state departments and agencies, including housing for state offices anywhere in the state and the completion of the state office building, and all buildings, improvements, facilities or equipment or other capital items required in connection therewith, for the acquisition of lands for future office building development, and to refinance indebtedness previously or hereafter created by a nonprofit-sharing corporation for the purpose of providing a state office building or buildings or additions or improvements thereto which are located on land owned by the state or by the nonprofit-sharing corporation, or for any one or more of said purposes, the building commission shall have the following powers and duties:
13.488(1)(a)
(a) Without limitation by reason of any other statutes 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.
13.488(1)(b)
(b) 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.
13.488(1)(c)
(c) The power to lease or sublease from such nonprofit-sharing corporation, and to make available for public use, any lands or any such land and existing buildings conveyed or leased to such corporation under
pars. (a) and
(b), and any new buildings erected upon such land or upon any other land owned by such corporation, upon such terms, conditions and rentals, subject to available appropriations, as in the judgment of the building commission are in the public interest. With respect to any property conveyed to such corporation under
par. (a), such lease from such corporation may be subject or subordinated to one or more mortgages of such property granted by such corporation.
13.488(1)(d)
(d) The duty to submit the plans and specifications for all such new buildings and all conveyances, leases and subleases made pursuant to this section to the department of administration and the governor for written approval before they are finally adopted, executed and delivered.
13.488(1)(e)
(e) The duty to apply all of the net revenues derived from the operation of any lands or such new buildings to the payment of rentals due and to become due under any lease or sublease of such new buildings made under
par. (c).
13.488(1)(f)
(f) The power to pledge and assign all or any part of the revenues derived from the operation of any lands or such new buildings as security for the payment of rentals due and to become due under any lease or sublease of such new buildings made under
par. (c).
13.488(1)(g)
(g) The power to covenant and agree in any lease or sublease of any lands or of such new buildings made under
par. (c) to impose fees, rentals or other charges for the use and occupancy or other operation of such new buildings in an amount which together with other moneys of the building commission available for such purpose will produce net revenue sufficient to pay the rentals due and to become due under such lease or sublease.
13.488(1)(h)
(h) The power to apply all or any part of the revenues derived from the operation of any lands or existing buildings to the payment of rentals due and to become due under any lease or sublease made under
par. (c).
13.488(1)(i)
(i) The power to pledge and assign all or any part of the revenues derived from the operation of any lands or existing buildings to the payment of rentals due and to become due under any lease or sublease made under
par. (c).
13.488(1)(j)
(j) The power to covenant and agree in any lease or sublease made under
par. (c) to impose fees, rentals or other charges for the use and occupancy or other operation of any lands or existing buildings in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under such lease or sublease.
