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.
13.488(1)(k)
(k) The power and duty, upon receipt of notice of any assignment by any such corporation of any lease or sublease made under
par. (c), or of any of its rights under any such lease or sublease, to recognize and give effect to such assignment, and to pay to the assignee thereof rentals or other payments then due or which may become due under any such lease or sublease which has been so assigned by such corporation.
13.488(1)(L)
(L) The duty to prohibit the use of general fund supported borrowing for the construction of parking facilities for new or existing buildings, unless fees will be charged for parking privileges sufficient to recover the costs of maintenance necessary for the parking facilities. Nothing in this paragraph shall be deemed to require that all users of the parking facilities be charged a parking fee.
13.488(1)(m)
(m) The duty to compute and make payments to the United States required under
26 USC 148 (f) so that public debt, revenue obligations and operating notes issued pursuant to
ch. 18 will not be treated as arbitrage bonds for the purpose of exclusion from gross income under
26 USC 103 (b) (2). If the proceeds of an obligation are utilized for an activity that is financed from program revenue, the building commission shall make the payment required under this paragraph from that revenue.
13.488(2)
(2) The state shall be liable for accrued rentals and for any other default under any lease or sublease made under
sub. (1) (c) 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 lessor under any such lease or sublease or any assignee of such lessor or any person or other legal entity proceeding on behalf of such lessor to file any claim with the legislature prior to the commencement of any such action.
13.488(3)
(3) Nothing in this section empowers the building commission to incur any state debt.
13.488(4)
(4) All laws, conflicting with this section are, insofar as they conflict with this section and no further, superseded by this section.
13.488(5)
(5) Unless the context requires otherwise, the terms "building", "new buildings" and "existing buildings", as used in this section, include all buildings, structures, improvements, facilities, equipment or other capital items as the building commission determines to be necessary or desirable for the purpose of providing housing for state departments and agencies.
13.488(6)
(6) If the building commission finds and declares that the housing available in any building leased or subleased from a nonprofit-sharing corporation under
sub. (1) (c) 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 building, the building commission need not operate such building in a manner to provide revenue therefrom sufficient to pay the costs of operation and maintenance of such building and to provide for the rental payments due a nonprofit-sharing corporation.
13.488(7)
(7) In proceeding with development of new facilities at state fair park in West Allis, the building commission shall employ the following procedures:
13.488(7)(a)
(a) The building commission, with advice from the state fair park board, shall examine and review detailed design requirements for all facilities to be included in the development of state fair park.
13.488(7)(b)
(b) Final approval by the building commission for the construction of any facility at state fair park shall be contingent upon a finding by the building commission that the proposed project is consistent with the overall objectives of the state fair park and that actual lease commitments and the probability of future lease commitments are such that the building commission may reasonably determine that the facility will be completely self-amortizing, including principal and interest payments covering the life of any bond issue.
13.489
13.489
Transportation projects commission. 13.489(1)
(1)
Creation. There is created a transportation projects commission consisting of the governor, 3 citizen members appointed by the governor to serve at his or her pleasure, and 5 senators and 5 representatives to the assembly appointed as are the members of standing committees in their respective houses. Of the members from each house, 3 shall be chosen from the majority party and 2 shall be chosen from the minority party. The secretary of transportation shall serve as a nonvoting member. The governor shall serve as chairperson. Citizen members of the commission shall be reimbursed for their actual and necessary expenses incurred as members of the commission from the appropriation under
s. 20.395 (4) (aq).
13.489(2)
(2) Department to report proposed projects. The department of transportation shall report to the commission not later than September 15 of each even-numbered year and at such other times as required under
s. 84.013 (6) concerning its recommendations for adjustments in the major highway projects program under
s. 84.013.
13.489(3)
(3) Assistance to commission. The department of transportation shall assist the commission in the performance of its duties. The department of transportation shall, when requested by the commission, make or cause to be made such studies and cost estimates with respect to any proposed project as are necessary to permit the commission to consider the project. The costs of such studies shall be charged to the appropriate program appropriation under
s. 20.395.
13.489(4)(a)(a) All reports submitted as provided by
sub. (2) shall be reviewed by the commission. The commission shall report its recommendations concerning major highway projects to the governor or governor-elect, the legislature and the joint committee on finance no later than December 15 of each even-numbered year or within 30 days following submission of a report under
s. 84.013 (6). The commission may recommend approval, approval with modifications, or disapproval of any project.
13.489(4)(b)
(b) The commission may include in the report in
par. (a) its designation of highway improvement projects under
s. 84.013 (6m) as major highway projects.
13.50
13.50
Joint survey committee on retirement systems. 13.50(1)(1)
Creation. There is created a joint survey committee on retirement systems composed of 10 members, as follows:
13.50(1)(a)
(a) Two majority party senators, one minority party senator, 2 majority party representatives to the assembly and one minority party representative to the assembly, appointed as are the members of standing committees in their respective houses.
13.50(1)(b)
(b) An assistant attorney general to be appointed by the attorney general.
13.50(1)(c)
(c) A member of the public who is not a participant in any public retirement system in this state, to be selected by the governor. It is the intent of the legislature that the member appointed under this paragraph shall represent the interests of the taxpayers of this state and shall not be representative of public employe or employer interests.
13.50(1)(d)
(d) The commissioner of insurance or an experienced actuary in the commissioner's office designated by the commissioner.
13.50(1)(e)
(e) The secretary of employe trust funds or his or her designee.
13.50(1m)
(1m) Officers. The officers of this committee shall be a senate cochairperson and vice cochairperson, and an assembly cochairperson and vice cochairperson selected as are the officers of standing committees in their respective houses, and a secretary elected by the committee from among its nonlegislator members.
13.50(2)
(2) Terms of committee. Each appointment under
sub. (1) (a),
(b) and
(c) shall be for a period of 4 years and until a successor is appointed and qualified. Any member shall cease to be a member of the committee upon losing the status upon which the appointment was based.
13.50(3)
(3) Membership compatible with other public office. Membership on the committee shall not be incompatible with any other public office.
13.50(4)
(4) Staff. The committee shall, under the classified service, employ a research director and such staff as is required for the performance of its duties, it being the determination of the legislature that such research director is more readily obtainable under
s. 230.15 (2). The committee may employ or contract for actuarial and technical assistance outside the classified service.
13.50(5)
(5) Committee action. All actions of the committee shall require the approval of a majority of all the members.
13.50(6)
(6) Powers and duties. The committee shall have the following powers and duties:
13.50(6)(a)
(a) No bill or amendment thereto creating or modifying any system for, or making any provision for, the retirement of or payment of pensions to public officers or employes, shall be acted upon by the legislature until it has been referred to the joint survey committee on retirement systems and such committee has submitted a written report on the bill or amendment. Such report shall pertain to the probable costs involved, the effect on the actuarial soundness of the retirement system and the desirability of such proposal as a matter of public policy.
