Amendment ASA-AB150

AB150-ASA, s. 3279g Section 3279g. 59.07 (155) of the statutes is created to read:

AB150-ASA,1058,12 59.07 (155) Collection of court imposed penalties. Adopt a resolution authorizing the clerk of circuit court, under s. 59.396, to contract with a collection agency for the collection of unpaid fines and forfeitures.

AB150-ASA, s. 3280 Section 3280. 59.145 (title) of the statutes is amended to read:

AB150-ASA,1058,14 59.145 (title) Optical disk and electronic storage.

AB150-ASA, s. 3281 Section 3281. 59.145 (1) of the statutes is amended to read:

AB150-ASA,1058,22 59.145 (1) Upon request of any office, department, commission, board or agency of the county, the board may authorize any county record that is in the custody of the office, department, commission, board or agency to be transferred to, or maintained in, optical disk or electronic storage in accordance with rules of the department of administration under s. 16.612. The board may thereafter authorize destruction of the original record, if appropriate, in accordance with ss. 16.61 (3) (e), 19.21 (5) and 59.715 to 59.717 unless preservation is required by law.

AB150-ASA, s. 3282 Section 3282. 59.145 (2) (intro.) of the statutes is amended to read:

AB150-ASA,1059,3 59.145 (2) (intro.)  Any copy of a county record generated from optical imaging or electronic formatting of an original record is deemed an original record if all of the following conditions are met:

AB150-ASA, s. 3283 Section 3283. 59.145 (2) (a) of the statutes is amended to read:

AB150-ASA,1059,7 59.145 (2) (a) The devices used to transform the record to optical disk or electronic format and to generate a copy of the record from optical disk or electronic format are ones which accurately reproduce the content of the original.

AB150-ASA, s. 3284 Section 3284. 59.145 (2) (b) of the statutes is amended to read:

AB150-ASA,1059,12 59.145 (2) (b) The optical disk or electronic copy and the copy generated from optical disk or electronic format comply with the minimum standards of quality for such copies, as established by the rule of the department of administration under s. 16.612.

AB150-ASA, s. 3285 Section 3285. 59.145 (2) (d) of the statutes is amended to read:

AB150-ASA,1059,19 59.145 (2) (d) The legal custodian of the record executes a statement of intent and purpose describing the record to be transferred to optical disk or electronic format and the disposition of the original record, and executes a certificate verifying that the record was received or created and transferred to optical disk or electronic format in the normal course of business and that the statement of intent and purpose is properly recorded in his or her office.

AB150-ASA, s. 3286 Section 3286. 59.145 (4) of the statutes is amended to read:

AB150-ASA,1060,6 59.145 (4) A copy of a record generated from an original record stored on an optical disk or in electronic format which conforms with the standards prescribed under sub. (2) shall be taken as and stand in lieu of and have all of the effect of the original record and shall be admissible in evidence in all courts and all other tribunals or agencies, administrative or otherwise, in all cases where the original document is admissible. A transcript, exemplification or certified copy of such a record so generated, for the purposes specified in this subsection, is deemed to be a transcript, exemplification or certified copy of the original. An enlarged copy of any record so generated, made in accordance with the standards prescribed under sub. (2) and certified by the custodian as provided in s. 889.18 (2), has the same effect as an actual-size copy.

AB150-ASA, s. 3287 Section 3287. 59.15 (2) (c) of the statutes is amended to read:

AB150-ASA,1060,17 59.15 (2) (c) The board may provide, fix or change the salary or compensation of any such office, board, commission, committee, position, employe or deputies to elective officers without regard to the tenure of the incumbent (except as provided in par. (d)) and also establish the number of employes in any department or office including deputies to elective officers, and may establish regulations of employment for any person paid from the county treasury, but no action of the board shall be contrary to or in derogation of the rules and regulations of the department of health and social services pursuant to s. 49.50 (2) to (5) 49.33 (4) to (7) relating to employes administering old-age assistance, aid to dependent children, aid to the blind and aid to totally and permanently disabled persons or ss. 63.01 to 63.17.

AB150-ASA, s. 3287b Section 3287b. 59.175 of the statutes is amended to read:

AB150-ASA,1061,7 59.175 Clerks of counties containing state institutions to make claims in certain cases. The county clerk of any county which is entitled to reimbursement under s. 16.51 (7) shall make a certified claim against the state, without direction from the county board, in all cases where the reimbursement is directed in that subsection, upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1. If the claim is for reimbursement of expenses involving a prisoner in a state prison, as defined in s. 302.01, the form shall be filed with the department of corrections. If the claim is for reimbursement of expenses involving a child in a secured correctional facility, as defined in s. 48.02 (15m), the form shall be filed with the department of health and social services. If the claims are approved by the department of corrections or the department of health and social services, they shall be certified to the department of administration and paid from the appropriation made by under s. 20.410 (1) (c) or 20.435 (3) (c).

AB150-ASA, s. 3287bm Section 3287bm. 59.175 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA,1061,22 59.175 Clerks of counties containing state institutions to make claims in certain cases. The county clerk of any county which is entitled to reimbursement under s. 16.51 (7) shall make a certified claim against the state, without direction from the county board, in all cases where the reimbursement is directed in that subsection, upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1. If the claims are approved by the department of corrections, they shall be certified to the department of administration and paid from the appropriation made by s. 20.410 (1) (c), if the claim is for reimbursement of expenses involving a prisoner in a state prison named in s. 302.01, or from the appropriation under s. 20.410 (3) (c), if the claim is for reimbursement of expenses involving a child in a secured correctional facility, as defined in s. 48.02 (15m).

AB150-ASA, s. 3287c Section 3287c. 59.20 (5) (a) of the statutes is amended to read:

AB150-ASA,1062,6 59.20 (5) (a) Except as provided in par. (b), transmit to the state treasurer secretary of administration at the time required by law to pay the state taxes a particular statement, certified by the treasurer's personal signature affixed or attached thereto, of all moneys received by him or her during the preceding year and which are payable to the state treasurer secretary of administration for licenses, fines, penalties, or on any other account, and at the same time pay to the state treasurer secretary of administration the amount thereof after deducting the legal fees.

AB150-ASA, s. 3287g Section 3287g. 59.20 (5) (b) of the statutes is amended to read:

AB150-ASA,1063,3 59.20 (5) (b) For all court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 for the penalty assessment surcharge, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 161.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse assessment, the amounts required by s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 144.992 for the environmental assessment, the amounts required by s. 29.9965 for the wild animal protection assessment, the amounts required by s. 29.997 for the natural resources assessment surcharge, the amounts required by s. 29.9967 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required by s. 29.998 for natural resources restitution payments, transmit to the state treasurer secretary of administration a statement of all moneys required by law to be paid on the actions so entered during the preceding month on or before the first day of the next succeeding month, certified by the treasurer's personal signature affixed or attached thereto, and at the same time pay to the state treasurer secretary of administration the amount thereof.

AB150-ASA, s. 3287L Section 3287L. 59.20 (8m) of the statutes is amended to read:

AB150-ASA,1063,7 59.20 (8m) Forward 40% of the state forfeitures, fines and penalties under ch. 348 to the state treasurer secretary of administration for deposit in the transportation fund under s. 25.40 (1) (ig).

AB150-ASA, s. 3287p Section 3287p. 59.20 (8n) of the statutes is amended to read:

AB150-ASA,1063,11 59.20 (8n) Forward all moneys received under s. 66.12 (3) (c) to the state treasurer secretary of administration for deposit in the transportation fund under s. 25.40 (1) (ig).

AB150-ASA, s. 3287t Section 3287t. 59.20 (8r) of the statutes is amended to read:

AB150-ASA,1063,15 59.20 (8r) Forward 50% of the fees received under s. 343.10 (6) to the state treasurer secretary of administration for deposit in the transportation fund under s. 25.40 (1) (im).

AB150-ASA, s. 3287x Section 3287x. 59.20 (11) of the statutes is amended to read:

AB150-ASA,1063,21 59.20 (11) Pay to the state treasurer secretary of administration on his or her order the state percentage of fees received from the clerk of the circuit court under s. 59.395 (5) and if any such moneys remain in his or her hands when he or she is required to pay the state percentage of fees, pay such moneys therewith to the state treasurer secretary of administration.

AB150-ASA, s. 3288 Section 3288. 59.23 (8) of the statutes is amended to read:

AB150-ASA,1064,2 59.23 (8) The sheriff is authorized to destroy all sheriff's dockets, daily jail records and cash books dated prior to 1901. It shall be the duty of the sheriff to hereafter retain and safely keep all such records for a period of 8 years, or a shorter period authorized by the public records and forms board under s. 16.61 (3) (b), after which the records may be destroyed.

AB150-ASA, s. 3289 Section 3289. 59.23 (10) of the statutes is amended to read:

AB150-ASA,1064,6 59.23 (10) To enforce in the county all general orders of the department of industry, labor and human relations development relating to the sale, transportation and storage of explosives.

AB150-ASA, s. 3290 Section 3290. 59.39 (1) of the statutes is amended to read:

AB150-ASA,1064,12 59.39 (1) File and keep all papers properly deposited with him or her in every action or proceeding unless required to transmit such papers. Such papers may be microfilmed or microphotographed, or transferred to optical disks or electronic format if authorized under s. 59.145, and the originals may thereafter be destroyed upon compliance with SCR chapter 72.

AB150-ASA, s. 3291 Section 3291. 59.39 (2) of the statutes is amended to read:

AB150-ASA,1064,23 59.39 (2) Keep a court record and write therein names of parties in every civil action or proceeding in the court, the names of attorneys representing the parties, a brief statement of the nature of the action or proceeding, the date of filing every paper therein and of each proceeding taken, the file wherein the papers can be found, the time when put on the calendar for trial, and when and how disposed of; the location where minutes in every case can be found and the place in the judgment record or microfilm or optical disk or electronic file where any judgment, order or report has been recorded, so as to make the court record a history in brief of each action or proceeding from beginning to final disposition; and a complete index of all proceedings therein.

AB150-ASA, s. 3291c Section 3291c. 59.395 (7) of the statutes is amended to read:

AB150-ASA,1065,5 59.395 (7) Cooperate with the department of health and social services industry, labor and human relations with respect to the child and spousal support and establishment of paternity and medical liability support program under ss. 46.25 49.143 and 59.07 (97), and provide that department with any information from court records which it requires to administer that program.

AB150-ASA, s. 3291g Section 3291g. 59.396 of the statutes is created to read:

AB150-ASA,1065,14 59.396 Clerk of circuit court; collection agency contract. If authorized by the county board under s. 59.07 (155), the clerk of circuit court may contract with a collection agency for the collection of unpaid fines and forfeitures. Any contract entered into shall provide that the collection agency shall be paid from the proceeds recovered by the collection agency. The net proceeds received by the clerk of circuit court after the payment to the collection agency shall be considered the amount of fines and forfeitures collected for purposes of distribution to the state and county under s. 59.395 (5).

AB150-ASA, s. 3291m Section 3291m. 59.458 (2) of the statutes is amended to read:

AB150-ASA,1065,19 59.458 (2) Attorneys responsible for support enforcement under sub. (1) shall institute, commence, appear in or perform other prescribed duties in actions or proceedings under ss. 46.25 49.143 (7), 59.07 (97), 767.075, 767.08 and 767.45 and ch. 769.

AB150-ASA, s. 3292 Section 3292. 59.51 (1) of the statutes is amended to read:

AB150-ASA,1066,12 59.51 (1) Record or cause to be recorded in suitable books to be kept in his or her office, correctly and legibly all deeds, mortgages, maps, instruments and writings authorized by law to be recorded in his or her office and left with him or her for that purpose, provided such documents have plainly printed or typewritten thereon the names of the grantors, grantees, witnesses and notary. Any county, by board resolution duly adopted, may combine the separate books or volumes for deeds, mortgages, miscellaneous instruments, attachments, lis pendens, sales and notices, certificates of organization of corporations, plats or other recorded or filed instruments or classes of documents as long as separate indexes are maintained. Notwithstanding any other provisions of the statutes, any county adopting a system of microfilming or like process or a system of recording documents by optical imaging or electronic formatting pursuant to ch. 228 may substitute the headings, reel, or disk or electronic file name and microfilm image (frame) for volume and page where recorded and different classes of instruments may be recorded, reproduced or copied on or transferred to the same reel, or disk or electronic file or part of a reel or disk. All recordings made prior to June 28, 1961, which would have been valid under this paragraph, had this paragraph then been in effect, are hereby validated.

AB150-ASA, s. 3294 Section 3294. 59.512 (title) of the statutes is amended to read:

AB150-ASA,1066,15 59.512 (title) Register of deeds; microfilming and optical imaging disk and electronic storage.

AB150-ASA, s. 3295 Section 3295. 59.512 (1) of the statutes is amended to read:

AB150-ASA,1067,9 59.512 (1) Except as provided in sub. (2), upon the request of the register of deeds, any county, by board resolution, may authorize the register of deeds to photograph, microfilm or record on optical disks or in electronic format records of deeds, mortgages or other instruments relating to real property or may authorize the register of deeds to record on optical disks or in electronic format instruments relating to security interests in accordance with the requirements of s. 16.61 (7) or 59.145 and to store the original records within the county at a place designated by the board. The storage place for the original records shall be reasonably safe and shall provide for the preservation of the records authorized to be stored under this subsection. The register of deeds shall keep a photograph, microfilm or optical disk or electronic copy of such records in conveniently accessible files in his or her office and shall provide for examination of such reproduction or examination of a copy generated from an optical disk or electronic file in enlarged, easily readable form upon request. Compliance with this subsection satisfies the requirement of s. 59.51 (1) that the register of deeds shall keep such records in his or her office. The register of deeds may make certified copies reproduced from an authorized photograph, from a copy generated from an optical disk or electronic storage or from the original records.

AB150-ASA, s. 3296 Section 3296. 59.512 (2) of the statutes is amended to read:

AB150-ASA,1067,23 59.512 (2) The register of deeds may microfilm or record on optical disks or in electronic format notices of lis pendens that are at least one year old, in accordance with the requirements of s. 16.61 (7) or 59.145 (2) to (4). The register of deeds shall keep a microfilm or optical disk or electronic copy of notices of lis pendens in conveniently accessible files in his or her office and shall provide for examination of such reproduction or examination of a copy generated from an optical disk or electronic storage in enlarged, easily readable form upon request. Compliance with this subsection satisfies the requirement of s. 59.51 (1) that the register of deeds shall keep such records in his or her office. The register of deeds may make certified copies reproduced from a copy generated from microfilm or from an optical disk or electronic storage. The register of deeds may destroy or move to off-site storage any notice of lis pendens that has been microfilmed or recorded on optical disk or in electronic format under this subsection.

AB150-ASA, s. 3297 Section 3297. 59.57 (6) of the statutes is amended to read:

AB150-ASA,1068,9 59.57 (6) For performing functions under s. 409.407 (1) and (2) (a) and (b), the register shall charge the fees stated in that section s. 409.407 (2) (a) or (b). A financing statement and an assignment or notice of assignment of the security interest, offered for filing at the same time, shall be considered as only one document for the purpose of this subsection. Whenever there is offered for filing any document that is not on a standard form prescribed by the secretary of state or that varies more than one-eighth of an inch from the approved size as prescribed by s. 59.51, the appropriate fee specified in ss. 409.403 to 409.406 or an additional filing fee of one-half the regular fee, whichever is applicable, shall be charged by the register.

AB150-ASA, s. 3300m Section 3300m. 60.23 (5) of the statutes is amended to read:

AB150-ASA,1068,12 60.23 (5) Cooperation in county planning. Cooperate with the county in rural planning under ss. 27.015 27.019, 59.07 (65) and 59.97.

AB150-ASA, s. 3301 Section 3301. 60.33 (9) (a) of the statutes is amended to read:

AB150-ASA,1068,15 60.33 (9) (a) Perform the clerk's duties under chs. 115 to 121, relating to public instruction education.

AB150-ASA, s. 3302 Section 3302. 60.71 (4) (b) of the statutes is amended to read:

AB150-ASA,1068,21 60.71 (4) (b) The town board shall publish a class 2 notice, under ch. 985, of the hearing. The notice shall contain an announcement of the hearing and a description of the boundaries of the proposed town sanitary district. The town board shall mail the notice to the department of industry, labor and human relations development and the department of natural resources at least 10 days prior to the hearing.

AB150-ASA, s. 3303 Section 3303. 60.71 (4) (c) of the statutes is amended to read:

AB150-ASA,1069,5 60.71 (4) (c) Any person may file written comments on the formation of the district with the town clerk. Any owner of property within the boundary of the proposed district may appear at the hearing and offer objections, criticisms or suggestions as to the necessity of the proposed district and the question of whether his or her property will be benefited by the establishment of the district. A representative of the department of industry, labor and human relations development and of the department of natural resources may attend the hearing and advise the town board.

AB150-ASA, s. 3304 Section 3304. 61.34 (4) of the statutes is amended to read:

AB150-ASA,1069,19 61.34 (4) Village finances. The village board may levy and provide for the collection of taxes and special assessments; may refund any tax or special assessment paid, or any part thereof, when satisfied that the same was unjust or illegal; and generally may manage the village finances. The village board may loan money to any school district located within the village or within which the village is wholly or partially located in such sums as are needed by such district to meet the immediate expenses of operating the schools thereof, and the board of the district may borrow money from such village accordingly and give its note therefor. No such loan shall be made to extend beyond August 30 next following the making thereof or in an amount exceeding one-half of the estimated receipts for such district as certified by the state superintendent department of public instruction education and the local school clerk. The rate of interest on any such loan shall be determined by the village board.

AB150-ASA, s. 3305 Section 3305. 62.12 (9) of the statutes is amended to read:

AB150-ASA,1070,4 62.12 (9) Loans. The council may loan money to any school district located within the city, or within which the city is wholly or partially located, in such sums as are needed by such district to meet the immediate expenses of operating the schools thereof, and the board of the district may borrow money from such city accordingly and give its note therefor. No such loan shall be made to extend beyond August 30 next following the making thereof or in an amount exceeding one-half of the estimated receipts for such district as certified by the state superintendent department of public instruction education and the local school clerk. The rate of interest on any such loan shall be determined by the city council.

AB150-ASA, s. 3305m Section 3305m. 65.07 (1) (e) of the statutes is amended to read:

AB150-ASA,1070,7 65.07 (1) (e) A school operations fund, as constituted and for the purposes specified in s. 119.46 (1).

AB150-ASA, s. 3306 Section 3306. 66.013 (2) (a) of the statutes is amended to read:

AB150-ASA,1070,10 66.013 (2) (a) "Department" means the department of administration development.

AB150-ASA, s. 3307 Section 3307. 66.02 of the statutes is amended to read:

AB150-ASA,1071,8 66.02 Consolidation. Subject to s. 66.023 (7), any town, village or city may be consolidated with a contiguous town, village or city, by ordinance, passed by a two-thirds vote of all the members of each board or council, fixing the terms of the consolidation and ratified by the electors at a referendum held in each municipality. The ballots shall bear the words, "for consolidation", and "against consolidation", and if a majority of the votes cast thereon in each municipality are for consolidation, the ordinances shall then be in effect and have the force of a contract. The ordinance and the result of the referendum shall be certified as provided in s. 66.018 (5); if a town the certification shall be preserved as provided in ss. 60.03 and 66.018 (5), respectively. Consolidation shall not affect the preexisting rights or liabilities of any municipality and actions thereon may be commenced or completed as though no consolidation had been effected. Any consolidation ordinance proposing the consolidation of a town and another municipality shall, within 10 days after its adoption and prior to its submission to the voters for ratification at a referendum, be submitted to the circuit court and the department of administration development for a determination whether such proposed consolidation is in the public interest. The circuit court shall determine whether the proposed ordinance meets the formal requirements of this section and shall then refer the matter to the department of administration development, which shall find as prescribed in s. 66.014 whether the proposed consolidation is in the public interest in accordance with the standards in s. 66.016. The department's findings shall have the same status as incorporation findings under ss. 66.014 to 66.019.

AB150-ASA, s. 3308 Section 3308. 66.021 (7) (a) of the statutes is amended to read:

AB150-ASA,1071,24 66.021 (7) (a) An ordinance for the annexation of the territory described in the annexation petition may be enacted by a two-thirds vote of the elected members of the governing body not less than 20 days after the publication of the notice of intention to circulate the petition and not later than 120 days after the date of filing with the city or village clerk of the petition for annexation or of the referendum election if favorable to the annexation. If the annexation is subject to sub. (11) the governing body shall first review the reasons given by the department of administration development that the proposed annexation is against the public interest. Subject to s. 59.971 (7), such an ordinance may temporarily designate the classification of the annexed area for zoning purposes until the zoning ordinance is amended as prescribed in s. 62.23 (7) (d). Before introduction of an ordinance containing such temporary classification, the proposed classification shall be referred to and recommended by the plan commission. The authority to make such temporary classification shall not be effective when the county ordinance prevails during litigation as provided in s. 59.97 (7).

AB150-ASA, s. 3309 Section 3309. 66.021 (11) (a) of the statutes is amended to read:

AB150-ASA,1072,13 66.021 (11) (a) Annexations within populous counties. No annexation proceeding within a county having a population of 50,000 or more shall be valid unless the person causing a notice of annexation to be published under sub. (3) shall within 5 days of the publication mail a copy of the notice, legal description and a scale map of the proposed annexation to the clerk of each municipality affected and the department of administration development. The department may within 20 days after receipt of the notice mail to the clerk of the town within which the territory lies and to the clerk of the proposed annexing village or city a notice that in its opinion the annexation is against the public interest. No later than 10 days after mailing the notice, the department shall advise the clerk of the town in which the territory is located and the clerk of the village or city to which the annexation is proposed of the reasons the annexation is against the public interest as defined in par. (c). The annexing municipality shall review the advice before final action is taken.

AB150-ASA, s. 3310 Section 3310. 66.021 (11) (c) (intro.) of the statutes is amended to read:

AB150-ASA,1072,17 66.021 (11) (c) Definition of public interest. (intro.) For purposes of this subsection public interest is determined by the department of administration development after consideration of the following:

AB150-ASA, s. 3311 Section 3311. 66.021 (12) of the statutes is amended to read:

AB150-ASA,1073,6 66.021 (12) Unanimous approval. If a petition for direct annexation signed by all of the electors residing in the territory and the owners of all of the real property in the territory is filed with the city or village clerk, and with the town clerk of the town or towns in which the territory is located, together with a scale map and a legal description of the property to be annexed, an annexation ordinance for the annexation of the territory may be enacted by a two-thirds vote of the elected members of the governing body of the city or village without compliance with the notice requirements of sub. (3). In such annexations, subject to sub. (11), the person filing the petition with the city or village clerk and the town clerk shall, within 5 days of the filing, mail a copy of the scale map and a legal description of the territory to be annexed to the department of administration development and the governing body shall review the advice of the department, if any, before enacting the annexation ordinance.

AB150-ASA, s. 3312 Section 3312. 66.021 (15) of the statutes is amended to read:

AB150-ASA,1074,2 66.021 (15) Annexation of town islands. Upon its own motion, a city or village by a two-thirds vote of the entire membership of its governing body may enact an ordinance annexing territory which comprises a portion of a town or towns and which was completely surrounded by territory of the city or village on December 2, 1973. The ordinance shall include all surrounded town areas except those exempt by mutual agreement of all of the governing bodies involved. The annexation ordinance shall contain a legal description of the territory and the name of the town or towns from which the territory is detached. Upon enactment of the ordinance, the city or village clerk immediately shall file 6 certified copies of the ordinance in the office of the secretary of state, together with 6 copies of a scale map. The secretary of state shall forward 2 copies of the ordinance and scale map to the department of transportation, one copy to the department of natural resources, one copy to the department of revenue and one copy to the department of administration development. This subsection does not apply if the town island was created only by the annexation of a railroad right-of-way or drainage ditch. This subsection does not apply to land owned by a town government which has existing town government buildings located thereon. No town island may be annexed under this subsection if the island consists of over 65 acres or contains over 100 residents. After December 2, 1973, no city or village may, by annexation, create a town area which is completely surrounded by the city or village.

AB150-ASA, s. 3313 Section 3313. 66.03 (3) (c) of the statutes is amended to read:

AB150-ASA,1074,16 66.03 (3) (c) When as a result of any annexation whereby a school district is left without a school building, any moneys are received by such school district as a result of the division of assets and liabilities required by s. 66.03, which are derived from values that were capital assets, such moneys and interest thereon shall be held in trust by such school district and dispensed only for procuring new capital assets or remitted to an operating district as the remainder of the suspended district becomes a part of such operating district, and shall in no case be used to meet current operating expenditures. This shall include any funds in the hands of any district officers on July 1, 1953, resulting from such action previously taken under s. 66.03. The boards involved shall, as part of their duties in division of assets and liabilities in school districts, make a written report of the allocation of assets and liabilities to the state superintendent department of public instruction education and any local superintendent of schools whose territory is involved in the division of assets.

AB150-ASA, s. 3314 Section 3314. 66.03 (5) of the statutes is amended to read: