Amendment ASA-AB150

AB150-ASA, s. 3493 Section 3493. 77.91 (5) of the statutes is amended to read:

AB150-ASA,1206,2 77.91 (5) Recording. Each register of deeds who receives notice of an order under this subchapter shall record the action as provided under s. 59.51. The department shall pay the register of deeds the fee specified under s. 59.57 (1) (a) from the appropriation under s. 20.370 (1) (mu) (cr). If the amount in the appropriation under s. 20.370 (1) (cr) in any fiscal year is insufficient to pay the full amount required under this subsection in that fiscal year, the department shall pay the balance from the appropriation under s. 20.370 (1) (mu).

AB150-ASA, s. 3493m Section 3493m. 77.92 (4) of the statutes is amended to read:

AB150-ASA,1206,14 77.92 (4) "Net business income", with respect to a partnership or limited liability company, means taxable income as calculated under section 703 of the internal revenue code; plus the items of income and gain under section 702 of the internal revenue code; minus the items of loss and deduction under section 702 of the internal revenue code; plus payments treated as not made to partners under section 707 (a) of the internal revenue code; plus the credits claimed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL) and (2ds); but excluding income, gain, loss and deductions from farming. "Net business income", with respect to a natural person, estate or trust, means profit from a trade or business for federal income tax purposes and includes net income derived as an employe as defined in section 3121 (d) (3) of the internal revenue code.

AB150-ASA, s. 3494 Section 3494. 77.92 (4r) of the statutes is created to read:

AB150-ASA,1206,19 77.92 (4r) "Total receipts from all activities" means gross receipts, gross sales, gross dividends, gross interest income, gross rents, gross royalties, the gross sales price from the disposition of capital assets and business assets and all other receipts that are included in gross income under ch. 71.

AB150-ASA, s. 3495 Section 3495. 77.93 (1) of the statutes is amended to read:

AB150-ASA,1207,2 77.93 (1) All corporations required to file a return under subch. IV or V of ch. 71 that have at least $4,000 in total receipts from all activities for the taxable year except corporations that are exempt from taxation under s. 71.26 (1) and that have no unrelated business income reportable under s. 71.24 (1m). The surcharge is imposed on the tax-option corporation, not on its shareholders, except that if a tax-option corporation's surcharge is delinquent, its shareholders are jointly and severally liable for it.

AB150-ASA, s. 3496 Section 3496. 77.93 (4) of the statutes is amended to read:

AB150-ASA,1207,6 77.93 (4) All insurers that are required to file a return under subch. VII of ch. 71 and that have at least $4,000 in total receipts from all activities for the taxable year.

AB150-ASA, s. 3497 Section 3497. 78.09 (2) of the statutes is amended to read:

AB150-ASA,1207,12 78.09 (2) To procure a license, a supplier who holds a valid certificate issued under s. 73.03 (50) shall file with the department an application prescribed and furnished by the department and verified by the owner of the business if the owner is an individual, partnership or unincorporated association or by the president and secretary if the owner is a corporation.

AB150-ASA, s. 3498 Section 3498. 78.09 (5) of the statutes is amended to read:

AB150-ASA,1207,18 78.09 (5) To procure an export license, an exporter who holds a valid certificate issued under s. 73.03 (50) shall file with the department an application prescribed and furnished by the department and verified by the owner of the business if the owner is an individual, partnership or unincorporated association or by the president and secretary if the owner is a corporation.

AB150-ASA, s. 3500b Section 3500b. 78.10 (1) of the statutes is repealed and recreated to read:

AB150-ASA,1207,21 78.10 (1) Issuance. The department shall issue licenses to receive motor vehicle fuel under s. 78.07 to persons who hold a valid certificate under s. 73.03 (50).

AB150-ASA, s. 3500c Section 3500c. 78.10 (2) to (5) of the statutes are repealed.

AB150-ASA, s. 3500d Section 3500d. 78.48 (1) of the statutes is repealed and recreated to read:

AB150-ASA,1207,25 78.48 (1) Issuance. The department shall issue alternate fuel licenses to persons who hold a valid certificate under s. 73.03 (50).

AB150-ASA, s. 3500e Section 3500e. 78.48 (2) to (5) of the statutes are repealed.

AB150-ASA, s. 3500f Section 3500f. 78.57 (1) of the statutes is repealed and recreated to read:

AB150-ASA,1208,4 78.57 (1) Issuance. The department shall issue general aviation fuel licenses to persons who hold a valid certificate under s. 73.03 (50).

AB150-ASA, s. 3500g Section 3500g. 78.57 (2) to (5) of the statutes are repealed.

AB150-ASA, s. 3505 Section 3505. 79.03 (3c) (c) (intro.) of the statutes is amended to read:

AB150-ASA,1208,11 79.03 (3c) (c) Payment. (intro.) Subject to the total distribution amount limits in par. (f), the minimum payment under par. (d) and the maximum payment under par. (e), each eligible municipality is entitled to shared revenue from the appropriation under s. 20.835 (1) (b), in addition to its shared revenue entitlements under sub. (1), calculated as follows:

AB150-ASA, s. 3506 Section 3506. 79.03 (3c) (f) of the statutes is amended to read:

AB150-ASA,1208,17 79.03 (3c) (f) Distribution amount. If the total amounts calculated under pars. (c) to (e) exceed the total amount to be distributed under this subsection, the amount paid to each eligible municipality shall be paid on a prorated basis. The total amount to be distributed under this subsection from s. 20.835 (1) (b) is $10,000,000 in 1994 and $14,000,000 in 1995 1996 and thereafter.

AB150-ASA, s. 3507 Section 3507. 79.04 (1) (a) of the statutes is amended to read:

AB150-ASA,1209,15 79.04 (1) (a) An amount from the shared revenue account determined by multiplying by 3 mills in the case of a town, and 6 mills in the case of a city or village, the first $125,000,000 of the amount shown in the account, plus leased property, of each public utility except qualified wholesale electric companies, as defined in s. 76.28 (1) (gm), on December 31 of the preceding year for either "production plant, exclusive of land" and "general structures", or "work in progress" for production plants and general structures under construction, in the case of light, heat and power companies, electric cooperatives or municipal electric companies, for all property within a municipality in accordance with the system of accounts established by the public service commission or rural electrification administration, less depreciation thereon as determined by the department of revenue and less the value of treatment plant and pollution abatement equipment, as defined under s. 70.11 (21) (a), as determined by the department of revenue plus an amount from the shared revenue account determined by multiplying by 3 mills in the case of a town, and 6 mills in the case of a city or village, of the first $125,000,000 of the total original cost of production plant, general structures and work-in-progress less depreciation, land and approved waste treatment facilities of each qualified wholesale electric company, as defined in s. 76.28 (1) (gm), as reported to the department of revenue of all property within the municipality. The total of amounts, as depreciated, from the accounts of all public utilities for the same production plant is also limited to not more than $125,000,000. The amount distributable to a municipality in any year shall not exceed $300 times the population of the municipality.

AB150-ASA, s. 3508 Section 3508. 79.04 (1) (c) 2. of the statutes is amended to read:

AB150-ASA,1209,25 79.04 (1) (c) 2. If a production plant is located in more than one municipality, the total payment under subd. 1. shall be apportioned according to the amounts shown on the preceding December 31 for the production plant in the account described in par. (a) for "production plant exclusive of land" within each municipality for all public utilities except qualified wholesale electric companies, as defined in s. 76.28 (1) (gm), or according to the value as reported to the department of revenue under par. (a) of the production plant within each municipality for each qualified wholesale electric company. The payment to each municipality under this subdivision shall be no less than $15,000 annually.

AB150-ASA, s. 3509 Section 3509. 79.04 (2) (a) of the statutes is amended to read:

AB150-ASA,1211,8 79.04 (2) (a) Annually, the department of administration, upon certification by the department of revenue, shall distribute from the shared revenue account to any county having within its boundaries a production plant or a general structure, including production plants and general structures under construction, used by a light, heat or power company assessed under s. 76.28 (2), except property described in s. 66.069 (2) unless the production plant is owned or operated by a local governmental unit that is located outside of the municipality in which the production plant is located, or by an electric cooperative assessed under ss. 76.07 and 76.48, respectively, or by a municipal electric company under s. 66.073 an amount determined by multiplying by 6 mills in the case of property in a town and by 3 mills in the case of property in a city or village the first $125,000,000 of the amount shown in the account, plus leased property, of each public utility except qualified wholesale electric companies, as defined in s. 76.28 (1) (gm), on December 31 of the preceding year for either "production plant, exclusive of land" and "general structures", or "work in progress" for production plants and general structures under construction, in the case of light, heat and power companies, electric cooperatives or municipal electric companies, for all property within a town the municipality in accordance with the system of accounts established by the public service commission or rural electrification administration, less depreciation thereon as determined by the department of revenue and less the value of treatment plant and pollution abatement equipment, as defined under s. 70.11 (21) (a), as determined by the department of revenue and by multiplying by 3 mills the first $125,000,000 of the amount as defined in this subsection for all property within a city or village plus an amount from the shared revenue account determined by multiplying by 6 mills in the case of property in a town, and 3 mills in the case of property in a city or village, of the total original cost of production plant, general structures and work-in-progress less depreciation, land and approved waste treatment facilities of each qualified wholesale electric company, as defined in s. 76.28 (1) (gm), as reported to the department of revenue of all property within the municipality. The total of amounts, as depreciated, from the accounts of all public utilities for the same production plant is also limited to not more than $125,000,000. The amount distributable to a county in any year shall not exceed $100 times the population of the county.

AB150-ASA, s. 3509b Section 3509b. 79.04 (4) (a) of the statutes is amended to read:

AB150-ASA,1211,19 79.04 (4) (a) Annually, in addition to the amount distributed under sub. (1), the department of administration shall distribute $50,000 to a municipality if spent nuclear fuel is stored within the municipality on December 31 of the preceding year. If a spent nuclear fuel storage facility is located at a production plant located in more than one municipality, the payment shall be apportioned according to the formula under sub. (1) (c) 2. The payment to each municipality under this paragraph may not be less than $10,000 annually If a spent nuclear fuel storage facility is located within one mile of a municipality, that municipality shall receive $10,000 annually and the municipality where that storage facility is located shall receive $40,000 annually.

AB150-ASA, s. 3509d Section 3509d. 79.05 (1) (am) of the statutes is repealed.

AB150-ASA, s. 3509g Section 3509g. 79.05 (1) (d) of the statutes is amended to read:

AB150-ASA,1211,25 79.05 (1) (d) "Valuation factor" means a percentage equal to 60% of the percentage change in the municipality's equalized value due to new construction less improvements removed between the year before the statement under s. 79.015 and the previous year, but not less than zero nor greater than 2 one.

AB150-ASA, s. 3509m Section 3509m. 79.05 (2) (c) of the statutes is amended to read:

AB150-ASA,1212,6 79.05 (2) (c) Its municipal budget, exclusive of principal and interest on long-term debt, for the year of the statement under s. 79.015 increased over its municipal budget as adjusted under sub. (6), exclusive of principal and interest on long-term debt, for the year before that year by less than the sum of the inflation factor 3% and the valuation factor, rounded to the nearest 0.10%.

AB150-ASA, s. 3509mi Section 3509mi. 79.05 (2m) of the statutes is repealed.

AB150-ASA, s. 3509r Section 3509r. 79.06 (1) (b) of the statutes is amended to read:

AB150-ASA,1212,20 79.06 (1) (b) If the payments to any municipality or county under s. 79.03, excluding payments under s. 79.03 (3c), in 1986 or any year thereafter are less than 95% in 1994, 1995 and 1996, 94% in 1997, 93% in 1998, 92% in 1999, 91% in 2000 and 90% in 2001 and thereafter of the combined payments to the municipality or county under this section and s. 79.03, excluding payments under s. 79.03 (3c), for the previous year, the municipality or county has an aids deficiency. The amount of the aids deficiency is the amount by which 95% in 1994, 1995 and 1996, 94% in 1997, 93% in 1998, 92% in 1999, 91% in 2000 and 90% in 2001 and thereafter of the combined payments to the municipality or county under this section and s. 79.03, excluding payments under s. 79.03 (3c), in the previous year exceeds the payments to the municipality or county under s. 79.03, excluding payments under s. 79.03 (3c), in the current year.

AB150-ASA, s. 3509s Section 3509s. 79.06 (2) (b) of the statutes is amended to read:

AB150-ASA,1213,2 79.06 (2) (b) If the payments to a municipality or county, except any county in which there are no cities or villages, in 1985 or any year thereafter exceed its combined payments under this section and s. 79.03, excluding payments under s. 79.03 (3c), in the previous year by more than the maximum allowable increase, the excess shall be withheld to fund minimum payments in that year under sub. (1) (c).

AB150-ASA, s. 3510g Section 3510g. 79.10 (7r) (b) of the statutes is amended to read:

AB150-ASA,1213,8 79.10 (7r) (b) The amounts determined under par. (a) shall be distributed by the department of administration on the first Friday in September during 1996 and every 5th year thereafter, based on applications on file with the county or city on August 1. A county or city shall inform the department of revenue of the number of applications on file before August 16.

AB150-ASA, s. 3510h Section 3510h. 79.10 (9) (c) of the statutes is amended to read:

AB150-ASA,1213,16 79.10 (9) (c) Credits shown on tax bill. The amount of the state property tax credits of particular property taxpayers, as determined under pars. (b) and (bm), shall be separately set forth on tax bills in the manner provided in s. 74.09. The lottery credit under par. (bm) shall reduce the property taxes otherwise payable for those taxpayers who are eligible to receive that credit and who furnish the information required under sub. (10) (a), and the credit under par. (b) shall reduce the property taxes otherwise payable.

AB150-ASA, s. 3510m Section 3510m. 79.10 (10) (a) of the statutes is amended to read:

AB150-ASA,1214,7 79.10 (10) (a) Beginning with property taxes levied in 1992 1996, the owner of a principal dwelling who is entitled to receive a lottery credit under sub. (9) (bm) may claim the credit by making an application on a form prescribed by the department of revenue. A claimant whose principal dwelling is on a parcel of taxable property shall attest that, as of the certification date, the claimant is the owner of the property and that the claimant uses the property as his or her principal dwelling. The certification date is January 1 of the year in which the property taxes are levied. The claimant shall file the application with the treasurer of the county in which the property is located or, if the property is located in a city that collects taxes under s. 74.87 or in a city that receives the approval of the department of revenue to accept applications, with the city treasurer of the city in which the property is located. Subject to review by the department of revenue, a treasurer who receives a completed application shall direct that the property described in the application be identified on the next tax roll as property for which the owner is entitled to receive a lottery credit. A claim that is made under this paragraph is valid for 5 years.

AB150-ASA, s. 3510p Section 3510p. 79.10 (10) (b) of the statutes is created to read:

AB150-ASA,1214,14 79.10 (10) (b) A person who becomes eligible for a credit under sub. (5) may claim the credit by filing an application, on a form prescribed by the department of revenue, with the treasurer of the county in which the property is located or, if the property is located in a city that collects taxes under s. 74.87, with the treasurer of the city in which the property is located. Claims that are made under this paragraph become invalid when claims that are made under par. (a) become invalid.

AB150-ASA, s. 3510t Section 3510t. 79.10 (10) (c) of the statutes is created to read:

AB150-ASA,1214,19 79.10 (10) (c) A person who becomes eligible for a credit under sub. (5) because of a purchase of a property may claim the credit by applying for it on the return under s. 77.22 (2). Claims that are made under this paragraph become invalid when claims that are made under par. (a) become invalid.

AB150-ASA, s. 3510u Section 3510u. 79.10 (10) (e) of the statutes is created to read:

AB150-ASA,1214,23 79.10 (10) (e) Counties and any city authorized to act under s. 74.87 shall submit to the department of revenue all data related to the lottery credit and requested by the department of revenue.

AB150-ASA, s. 3511 Section 3511. 79.14 of the statutes is amended to read:

AB150-ASA,1215,3 79.14 (title) School levy tax credit. The appropriation under s. 20.835 (3) (b) is $319,305,000 in 1994, 1995 and 1996 and is $469,305,000 in 1997 and thereafter.

AB150-ASA, s. 3514 Section 3514. 80.38 (2) of the statutes is amended to read:

AB150-ASA,1215,24 80.38 (2) If 6 or more freeholders residing within the limits of the village or other plat wish any streets in the plat to be so declared public highways and opened to public use, they may apply to the town board for that purpose in the manner provided in s. 80.02. Upon that application, the town board shall make and file an order, within 10 days, declaring the streets to be public highways or refusing so to do. In either case, any person considering himself or herself aggrieved by the order may appeal to the circuit court for the same county by filing with the town clerk a notice of appeal, specifying the grounds of appeal, within 20 days from the filing of the order, together with a written undertaking of the appellant, with one or more sufficient sureties, to be approved by the town clerk for the payment of all costs that may be awarded against the appellant, and paying to the clerk the fee prescribed in s. 814.61 (8) (a) 1. or (am) 1. Within 20 days thereafter the town clerk shall deliver to the clerk of the circuit court all the papers in the case, together with the notice of appeal, with the date of service endorsed thereon, and pay the fee prescribed in s. 814.61 (8) (a) 1. or (am) 1.; whereupon the clerk of the circuit court shall enter an action in the court record in which the appellant is the plaintiff and the town is the defendant. The issues as shown by the papers and the appeal shall be tried without further pleading, the same as in personal actions in circuit court, and judgment rendered and enforced as in other actions in which persons and municipal corporations are parties.

AB150-ASA, s. 3515m Section 3515m. 84.01 (13) of the statutes is amended to read:

AB150-ASA,1216,6 84.01 (13) Engineering services. The department may engage such engineering, consulting, surveying or other specialized services as it deems advisable. Any engagement of services under this subsection is exempt from ss. 16.70 to 16.75, 16.755 to 16.82 and 16.85 to 16.89, but ss. 16.528, 16.752 and, 16.754 and 16.855 (22) apply to such engagement. Any engagement involving an expenditure of $3,000 or more shall be by formal contract approved by the governor.

AB150-ASA, s. 3519g Section 3519g. 84.06 (2) (a) of the statutes is amended to read:

AB150-ASA,1217,3 84.06 (2) (a) All such highway improvements shall be executed by contract based on bids unless the department finds that another method as provided in sub. (3) or (4) would be more feasible and advantageous. Bids shall be advertised for in the manner determined by the department. Except as provided in s. 84.075, the contract shall be awarded to the lowest competent and responsible bidder as determined by the department. If the bid of the lowest competent bidder is determined by the department to be in excess of the estimated reasonable value of the work or not in the public interest, all bids may be rejected. The department shall, so far as reasonable, follow uniform methods of advertising for bids and may prescribe and require uniform forms of bids and contracts. Except as provided in par. (b), the secretary shall enter into the contract on behalf of the state. Every such contract is exempted from ss. 16.70 to 16.75, 16.755 to 16.82, 16.87 and 16.89, but ss. 16.528, 16.752 and, 16.754 and 16.855 (22) apply to the contract. Any such contract involving an expenditure of $1,000 or more shall not be valid until approved by the governor. The secretary may require the attorney general to examine any contract and any bond submitted in connection with the contract and report on its sufficiency of form and execution. The bond required by s. 779.14 (1m) (b) for any such contract involving an expenditure of less than $1,000 is exempt from approval by the governor and shall be subject to approval by the secretary. This subsection also applies to contracts with private contractors based on bids for maintenance under s. 84.07.

AB150-ASA, s. 3519i Section 3519i. 84.06 (4) of the statutes is amended to read:

AB150-ASA,1217,23 84.06 (4) Special contracts with railroads and utilities. If an improvement undertaken by the department will cross or affect the property or facilities of a railroad or public utility company, the department may, upon finding that it is feasible and advantageous to the state, arrange to perform portions of the improvement work affecting such facilities or property or perform work of altering, rearranging or relocating such facilities by contract with the railroad or public utility. Such contract shall be between the railroad company or public utility and the state and need not be based on bids. The contract may be entered into on behalf of the state by the secretary. Every such contract is exempted from s. 779.14 and from all provisions of chs. 16 and 230, except ss. 16.528, 16.752 and, 16.754 and 16.855 (22). No such contract in which the total estimated debt to be incurred exceeds $5,000 shall be valid until approved by the governor. As used in this subsection, "public utility" means the same as in s. 196.01 (5), and includes a telecommunications carrier as defined in s. 196.01 (8m), and "railroad" means the same as in s. 195.02. "Property" as used in this subsection includes but is not limited to tracks, trestles, signals, grade crossings, rights-of-way, stations, pole lines, plants, substations and other facilities. Nothing in this subsection shall be construed to relieve any railroad or public utility from any financial obligation, expense, duty or responsibility otherwise provided by law relative to such property.

AB150-ASA, s. 3519m Section 3519m. 84.11 (4) of the statutes is amended to read:

AB150-ASA,1218,18 84.11 (4) Finding, determination and order. After such hearing the department shall make such investigation as it considers necessary in order to make a decision in the matter. If the department finds that the construction is necessary it shall determine the location of the project and whether the project is eligible for construction under this section. The department shall also determine the character and kind of bridge most suitable for such location and estimate separately the cost of the bridge portion and the entire project. The department shall make its finding, determination and order, in writing, and file a certified copy thereof with the clerk of each county, city, village and town in which any portion of the bridge project will be located and also with the secretary of state and the state treasurer secretary of administration. The determination of the location of the project made by the department and set forth in its finding, determination and order, shall be conclusive as to such location and shall constitute full authority for laying out new streets or highways or for any relocations of highways made necessary for the construction of the project and for acquirement of any lands necessary for such streets or highways, relocation or construction. The estimate of cost made by the department shall be conclusive insofar as cost may determine eligibility of construction under this section.

AB150-ASA, s. 3519p Section 3519p. 84.12 (4) of the statutes is amended to read:

AB150-ASA,1219,14 84.12 (4) Finding, determination and order. If the department finds that the construction is necessary, and that provision has been made or will be made by the adjoining state or its subdivisions to bear its or their portions of the cost of the project, the department, in cooperation with the state highway department of the adjoining state, shall determine the location thereof, the character and kind of bridge and other construction most suitable at such location, estimate the cost of the project, and determine the respective portions of the estimated cost to be paid by each state and its subdivisions. In the case of projects eligible to construction under sub. (1) (a) the department shall further determine the respective portions of the cost to be paid by this state and by its subdivisions which are required to pay portions of the cost. The department, after such hearing, investigation and negotiations, shall make its finding, determination and order in writing and file a certified copy thereof with the clerk of each county, city, village or town in this state in which any part of the bridge project will be located, with the secretary of state and the state treasurer secretary of administration and with the state highway department of the adjoining state. The determination of the location set forth in the finding, determination and order of the department shall be conclusive as to such location and shall constitute full authority for laying out new streets or highways or for any relocations of the highways made necessary for the construction of the project and for acquiring lands necessary for such streets or highways, relocation or construction.

AB150-ASA, s. 3520 Section 3520. 84.25 (11) of the statutes is amended to read:

AB150-ASA,1219,20 84.25 (11) Commercial enterprises. No commercial enterprise, except a vending facility which is licensed by the department of health and social services industry, labor and human relations and operated by blind or visually impaired persons, shall be authorized or conducted within or on property acquired for or designated as a controlled-access highway.

AB150-ASA, s. 3524m Section 3524m. 85.015 of the statutes is amended to read:

AB150-ASA,1220,2 85.015 Transportation assistance contracts. All contracts entered into under this chapter to provide financial assistance in the areas of railroads, urban mass transit, specialized transportation, and harbors are subject to ss. 16.528 and 16.752 but are exempt from ss. 16.70 to 16.75, 16.755 to 16.82 and 16.85 to 16.89, except that ss. 16.702 and 16.855 (22) apply to such contracts.

AB150-ASA, s. 3525 Section 3525. 85.09 (4m) of the statutes is amended to read:

AB150-ASA,1220,8 85.09 (4m) Relocation plan. The department is exempt from s. 32.25 (1) if the department determines that acquiring rail property under this section will not result in any displaced persons as defined in s. 32.19 (2) (e). The department shall file a statement of its determinations with the department of industry, labor and human relations development.

AB150-ASA, s. 3526e Section 3526e. 85.14 (1) (b) of the statutes is amended to read:

AB150-ASA,1220,13 85.14 (1) (b) Except for charges associated with a contract under par. (c), the department shall pay to the state treasurer secretary of administration the amount of charges associated with the use of credit cards under par. (a) that are assessed to the department.

AB150-ASA, s. 3526f Section 3526f. 85.14 (2) of the statutes is amended to read:

AB150-ASA,1220,20 85.14 (2) The department shall certify to the state treasurer secretary of administration the amount of charges associated with the use of credit cards that is assessed to the department on deposits accepted under s. 345.26 (3) (a) by state traffic patrol officers and state motor vehicle inspectors, and the state treasurer secretary of administration shall pay the charges from moneys under s. 59.20 (8) and (8m) that are reserved for payment of the charges under s. 14.58 (21) 16.40 (36).

AB150-ASA, s. 3526m Section 3526m. 85.26 of the statutes is renumbered 106.26.

AB150-ASA, s. 3528e Section 3528e. 87.07 (4) of the statutes is amended to read:

AB150-ASA,1221,7 87.07 (4) Benefits and costs decisive. If the aggregate of the amounts collectible, as thus found by the department, exceeds the estimated cost of construction of the improvement, the department shall order that the work of constructing such improvement proceed. If such aggregate amount collectible is less than the estimated cost of such improvement, the department shall enter an order dismissing the petition, unless the difference between said aggregate amounts be deposited in cash with the state treasurer secretary of administration within one year. Such deposit may be made by any person or any public or private corporation. Upon the making of such deposit, the department shall enter a further order that the work of constructing the improvement proceed.

AB150-ASA, s. 3528g Section 3528g. 87.11 (2) of the statutes is amended to read:

AB150-ASA,1222,9 87.11 (2) But should the total cost, as ascertained and certified by the flood control board after the letting of the contracts, in the manner hereinabove set forth, exceed the total amount found by the department to be collectible under s. 87.09, all contracts for the construction of the work shall be null and void. At the expiration of one year after such certification, any moneys held by the state treasurer secretary of administration on account of the project shall be refunded to the persons by whom they were paid to such treasurer the secretary of administration; and funds in the hands of the flood control board shall be refunded to the public corporation by which they were paid to such board; any funds held by any town, village or city, having been collected by special assessments against property benefited, shall be refunded to the owners of such property; any funds raised by any public corporation by the issuance of bonds on account of such proposed improvements shall constitute a fund for the retirement or payment of such bonds; and any fund held by any public corporation, having been raised otherwise than by special assessments or bond issues, shall be available for the general purposes of such public corporation. Provided, however, that if within one year after the last mentioned certification of the flood control board there shall be deposited with the treasurer of said board a sum equal to the difference between the aggregate cost of constructing the improvement as estimated by the department and the aggregate cost thereof as determined and certified by the flood control board after the letting of the contracts, said board shall proceed to relet the contracts for the construction of the improvement and to complete the same unless the aggregate of such new contract prices, together with the department's estimate of the cost of acquiring lands and of overhead expenses and of the first 18 months' operation and maintenance, shall again exceed the amount found by the department to be collectible under s. 87.09. The deposit herein referred to may be made by any person or any public or private corporation.

AB150-ASA, s. 3528i Section 3528i. 87.13 of the statutes is amended to read:

AB150-ASA,1222,22 87.13 Disbursements by board. All sums which shall be deposited with the state treasurer secretary of administration under s. 87.07 (4) for the construction of the improvement shall be paid by said treasurer the secretary of administration to the flood control board upon requisitions from said board. If any moneys, other than those for operation and maintenance during the first 18 months, remain unexpended in the hands of the flood control board or subject to their requisition after the completion of the construction of the improvement, and if the funds for construction of the improvement shall have been in part raised through voluntary contributions under s. 87.07 (4) or 87.11 (2), the amounts thus contributed, or such proportion thereof as the funds remaining in the hands of the board or subject to its requisition will pay, shall be returned to the persons or corporations who made such voluntary contributions, in proportion to the amounts contributed by them.

AB150-ASA, s. 3528m Section 3528m. 87.305 (1) (d) of the statutes is amended to read: