13.48(31)
(31) Debt increase for construction of a biomedical research and technology incubator at the Medical College of Wisconsin, Inc. 13.48(31)(a)(a) The legislature finds and determines that it is in the public interest to promote the public health and welfare and to provide for economic development in this state by ensuring a fundamental and expanding capacity to conduct biomedical research and to create new technologies; by training students in the substance and methodology of biomedical research; and by providing scientific support to individuals and organizations in this state who are engaged in biomedical research and technological innovation. It is therefore the public policy of this state to assist the Medical College of Wisconsin, Inc., in the construction of facilities that will be used for biomedical research and the creation of new technologies.
13.48(31)(b)
(b) On or after July 1, 2003, the building commission may authorize up to $25,000,000 of general fund supported borrowing to aid in the construction of a biomedical research and technology incubator at the Medical College of Wisconsin, Inc. The state funding commitment for the construction of the incubator shall be in the form of a construction grant to the Medical College of Wisconsin, Inc. Before the building commission may award the construction grant under this paragraph, the Medical College of Wisconsin, Inc., must certify to the building commission that the total funding commitments of the state and nonstate sources will pay for the construction cost of the incubator.
13.48(31)(c)
(c) If the building commission awards a construction grant to the Medical College of Wisconsin, Inc., under this subsection, the Medical College of Wisconsin, Inc., shall provide the state with an option to purchase the biomedical research and technology incubator under the following conditions:
13.48(31)(c)1.
1. The option price shall be the appraised fair market value at the time that the option is exercised, less a credit recognizing the amount of the state's construction grant. The option shall be subject to any mortgage or other security interest of any private lenders.
13.48(31)(c)2.
2. The option may be exercised only upon the occurrence of any of the following:
13.48(31)(c)2.a.
a. Suspension of operation of a program of biomedical research and technology at the Medical College of Wisconsin, Inc., or any successor organization.
13.48(31)(c)2.b.
b. Foreclosure of any mortgage on the incubator by a private lender.
13.48(31)(d)
(d) If the state does not exercise the option to purchase the biomedical research and technology incubator under
par. (c), and if the incubator is sold to any 3rd party, any agreement to sell the incubator shall provide that the state has the right to receive an amount equal to the construction grants awarded to the Medical College of Wisconsin, Inc., under this subsection from the net proceeds of any such sale after any mortgage on the incubator has been satisfied and all other secured debts have been paid. This right shall be paramount to the right of the Medical College of Wisconsin, Inc., to the proceeds upon such sale.
13.48(32)
(32) Debt increase for construction of a dental clinic and education facility at Marquette University. 13.48(32)(a)(a) The legislature finds and determines that it is in the public interest to promote the health and well-being of residents of this state by ensuring the availability of a sufficient number of dentists to meet the needs of residents of this state; it is in the public interest, advantage and welfare to ensure the continued availability of dental education in this state; and Marquette University operates the only dental school in this state. It is, therefore, the public policy of this state to assist private institutions in this state, including Marquette University, in the construction of facilities that will be used to provide dental education.
13.48(32)(b)
(b) The building commission may authorize up to $15,000,000 of general fund supported borrowing to aid in the construction of a dental clinic and education facility at Marquette University. The state funding commitment for the construction of the facility shall be in the form of a construction grant to Marquette University. Before approving any state funding commitment for such a facility and before awarding the construction grant to Marquette University, the building commission shall determine that all of the following conditions have been met:
13.48(32)(b)1.
1. Marquette University has secured additional funding commitments of at least $15,000,000 from nonstate revenue sources, the nonstate revenue sources are reasonable and available and the total funding commitments of the state and the nonstate sources will permit Marquette University to enter into contracts for the construction of the dental clinic and education facility.
13.48(32)(b)2.
2. The dental clinic and education facility will not be used for the purpose of devotional activities, religious worship or sectarian instruction.
13.48(32)(b)3.
3. No religious instruction shall be required as a condition for admission to, or graduation from, the Marquette University School of Dentistry.
13.48(32)(c)
(c) If the building commission authorizes a construction grant to Marquette University under
par. (b), Marquette University shall provide the state with an option to purchase the dental clinic and education facility under the following conditions:
13.48(32)(c)1.
1. The option price shall be the appraised fair market value at the time that the option is exercised, less a credit recognizing the amount of the state's construction grant. The option shall be subject to any mortgage or other security interest of any private lenders.
13.48(32)(c)2.
2. The option may be exercised only upon the occurrence of any of the following:
13.48(32)(c)2.a.
a. Suspension of operation of a program of dental education at Marquette University or any successor organization.
13.48(32)(d)
(d) If the state does not exercise the option to purchase the dental clinic and education facility, and if the facility is sold to any 3rd party, any agreement to sell the facility shall provide that the state has the right to receive an amount equal to the construction grant under
par. (b) 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 Marquette University to the proceeds upon such sale.
13.48(32r)
(32r) Debt increase for construction of the Discovery Place museum. 13.48(32r)(a)(a) Subject to
par. (b), the building commission may authorize $1,000,000 of general fund supported borrowing to aid in the construction of the Discovery Place museum as part of the Heritage museum in the city of Racine. The state funding commitment for the construction of the museum shall be in the form of a construction grant to Racine County. Before approving any state funding commitment for the museum and before awarding the construction grant under this paragraph, the building commission shall determine that Racine County has secured additional funding commitments of at least $1,000,000 from nonstate revenue sources.
13.48(32r)(b)
(b) If the building commission authorizes a grant to Racine County under
par. (a) and if, for any reason, the facility that is constructed with funds from the grant is not used as a Discovery Place museum as part of the Heritage museum, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.
13.48(33)(a)(a) The building commission may authorize up to $1,000,000 in general fund supported borrowing to aid in the construction of a Swiss cultural center in the village of New Glarus. The state funding commitment under this paragraph shall be in the form of a grant to an organization known as the Swiss Cultural Center. Before approving any such state funding commitment, the building commission shall determine that the organization known as the Swiss Cultural Center has secured additional funding at least equal to $2,000,000 from nonstate donations for the purpose of constructing a Swiss cultural center in the village of New Glarus.
13.48(33)(b)
(b) If the building commission authorizes a grant to the organization known as the Swiss Cultural Center under
par. (a) and if, for any reason, the facility that is constructed with funds from the grant is not used as a Swiss cultural center in the village of New Glarus, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.
13.48(34)
(34) Debt increase for the construction of a youth activities center by the Milwaukee Police Athletic League. 13.48(34)(a)(a) The legislature finds and determines that preventing youth from engaging in delinquent behavior, encouraging positive moral development in youth and providing youth with opportunities for positive interaction with the police are statewide responsibilities of statewide dimension. The legislature also finds and determines that the youth of the city of Milwaukee are disproportionately represented in the state's juvenile correctional system and that, because those youth are so disproportionately represented, the state has a specific concern in preventing those youth from engaging in delinquent behavior, encouraging positive moral development in those youth and providing those youth with opportunities for positive interaction with the police. In addition, the legislature finds and determines that the Milwaukee Police Athletic League prevents that delinquent behavior, encourages that positive moral development and provides those opportunities for positive interaction through the recreational, educational, social and cultural activities that it provides for the youth of the greater Milwaukee community. The legislature, therefore, finds and determines that assisting the Milwaukee Police Athletic League in the construction of a youth activities center at which the Milwaukee Police Athletic League will provide recreational, educational, social and cultural activities for the youth of the greater Milwaukee community under the supervision of volunteer police officers of the city of Milwaukee will have a direct and immediate effect on that specific statewide concern and on those state responsibilities of statewide dimension.
13.48(34)(b)
(b) The building commission may authorize up to $1,000,000 in general fund supported borrowing to aid in the construction of a youth activities center by the Milwaukee Police Athletic League at the northeast corner of N. 24th Street and Burleigh Street in the city of Milwaukee. The state funding commitment for the construction of the center shall be in the form of a grant to the Milwaukee Police Athletic League. Before approving any state funding commitment for the center, the building commission shall determine that the Milwaukee Police Athletic League has secured additional funding at least equal to $4,074,000 from nonstate donations for the purpose of constructing the youth activities center.
13.48(34)(c)
(c) If the building commission authorizes a grant to the Milwaukee Police Athletic League under
par. (b) and if, for any reason, the facility that is constructed with funds from the grant is not used as a youth activities center, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.
13.48(35)
(35) HR Academy, Inc., youth and family center. 13.48(35)(ah)(ah) The legislature finds and determines that deterring delinquent behavior, building strong families, and creating viable communities are statewide responsibilities of statewide dimension. The legislature finds and determines also that community centers, where youth and families may gather, deter delinquent behavior by permitting youth to gather at locations that are supervised by adults, strengthen families by offering programs and activities that increase parenting and other life skills, and increase the viability of communities by providing accessible and safe meeting places. In addition, the legislature finds and determines that HR Academy, Inc., has the expertise and commitment to successfully operate a community center in the city of Milwaukee. The legislature, therefore, finds and determines that assisting HR Academy, Inc., in the construction of a youth and family center in the city of Milwaukee will deter delinquent behavior, build strong families, and create viable communities and will have a direct and immediate effect on these state responsibilities of statewide dimension.
13.48(35)(am)
(am) The building commission may authorize up to $1,500,000 in general fund supported borrowing to aid in the construction of a youth and family center to be open to the public and operated by HR Academy, Inc., in the city of Milwaukee. The state funding commitment under this paragraph shall be in the form of a grant to HR Academy, Inc. Before any such state funding commitment is made, the secretary of administration shall determine that HR Academy, Inc., has secured additional funding at least equal to $3,500,000 from nonstate donations for the purpose of constructing a youth and family center, that no part of the youth and family center will be used for the purpose of devotional activities, religious worship, or sectarian instruction, and that HR Academy, Inc., owns interests in real estate that are adequate for the siting and operation of the center.
13.48(35)(b)
(b) If the building commission authorizes a grant to HR Academy, Inc., under
par. (am), HR Academy, Inc., shall enter into a land use restriction agreement limiting the use of the facilities funded by the grant to a youth and family center. The land use restriction agreement shall provide that, if for any reason the facility that is constructed with funds from the grant is not operated as a youth and family center that is open to the public or if it is used for the purpose of devotional activities, religious worship, or sectarian instruction, the state, at the option of the secretary of administration, may pursue any legal remedies available including requiring specific performance of the covenants contained in the agreement.
13.48(37)
(37) Children's research institute. 13.48(37)(a)(a) The legislature finds and determines that there is a critical need for pediatric research to be conducted in the Milwaukee metropolitan area at a unified site and that state support for the construction of a children's research institute at a location that permits interconnection with functionally related facilities of the Medical College of Wisconsin, Inc., will contribute to the advancement of public health in this state. The legislature further finds that pediatric research is a statewide responsibility of statewide dimension. Because it will better ensure that this important responsibility is undertaken in the manner that is most advantageous to the people of this state, the legislature finds that it will have a direct and immediate effect on a matter of statewide concern for the state to facilitate the construction and operation of a children's research institute.
13.48(37)(b)
(b) The building commission may authorize up to $10,000,000 in general fund supported borrowing to make a grant to the Children's Hospital and Health System for construction of a children's research institute in the city of Wauwatosa. Before approving any state funding commitment for the construction of the institute and before awarding the grant, the building commission shall determine that the Children's Hospital and Health System has secured additional funding commitments of at least $30,000,000 from nonstate revenue sources for construction of the institute.
13.48(37)(c)
(c) If, for any reason, the facility that is constructed with funds from the grant under
par. (b) is not used as a children's research institute in the city of Wauwatosa, or the institute is not operated to conduct pediatric research, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.
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;
1997 a. 5,
27,
35,
237;
1999 a. 9;
1999 a. 150 s.
672;
1999 a. 197;
2001 a. 16,
103;
2003 a. 33 ss.
25 to
26i,
9160;
2003 a. 91;
2005 a. 25,
253,
391.
13.48 Annotation
The requirement of "final plans" under sub. (10) was satisfied when plans were adequate to award a contract under design/build process. Waiver standards under sub. (19) are sufficient. This section does not violate the separation of powers doctrine. J. F. Ahern Co. v. Building Commission,
114 Wis. 2d 69,
336 N.W.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. 59 Atty. Gen. 62. See also Hartford Union H.S. v. Hartford,
51 Wis. 2d 591,
187 N.W.2d 849 (1971).
13.48 Annotation
The building commission's release or use of building trust funds is discussed. 61 Atty. Gen. 332.
13.48 Annotation
The building commission has the power of condemnation under sub. (16) for the acquisitions authorized by sub. (17), and also for acquisitions under sub. (18), provided that the acquisitions fall within the criteria of sub. (16). The commission must file the plan called for in s. 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 sub. (13), the state is subject to local zoning when remodeling a newly acquired or leased facility. 67 Atty. Gen. 251.
13.48 Annotation
Subject to certain limitations, the lease of state office building space to a commercial enterprise serving both state employees and the 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 corporation organized under
ch. 181 that is a nonprofit corporation, as defined in
s. 181.0103 (17). The lease and re-lease shall be for a term or terms not exceeding 50 years each and shall be made on the condition that such corporation shall construct and provide on such leased lands such building projects, including buildings, improvements, facilities or equipment or other capital items, as the building commission requires, and shall re-lease the same to the building commission upon satisfactory terms as to the rental, maintenance and ultimate acquisition by the state as is in its best interests in the judgment of the building commission. After such leases and re-leases are executed and until the projects are acquired by the state, they shall be operated by the building commission through the department of administration, which shall have charge of such property as provided in
ss. 16.85 and
16.8511. The building commission shall operate the projects in such manner as to provide revenues therefrom sufficient to pay the costs of operation and maintenance of the project and to provide for the payments due the Wisconsin State Public Building Corporation or other nonstock, nonprofit corporation but if the building commission finds and declares that the housing available in any such project is in excess of the current housing needs or requirements of the state departments and agencies occupying or availing themselves of the space in or capacity of such project, the building commission need not operate such project in a manner to provide revenues therefrom sufficient to pay the costs of operation and maintenance of the project and to provide for the rental payments due the Wisconsin State Public Building Corporation or other nonstock, nonprofit corporation.
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.
13.484
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(2)
(2) The building commission may, under
ss. 18.561 and
18.562, 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.
13.486
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.
