SB44: Bill Text

SB44, s. 1691 Section 1691. 84.30 (3) (e) of the statutes is amended to read:

SB44,738,5 84.30 (3) (e) Signs to be erected in business areas subsequent to March 18, 1972, which when erected will comply with sub. (4). This paragraph does not apply to a sign in a business area adjoining that portion of an interstate or primary highway designated by the department as a scenic byway under s. 84.106.

SB44, s. 1692 Section 1692. 84.30 (3) (i) of the statutes is amended to read:

SB44,738,11 84.30 (3) (i) Signs on farm buildings which are utilized by owners of the building for agricultural purposes if the signs promote a Wisconsin agricultural product unless prohibited by federal law. This paragraph does not apply to a sign in an adjacent area adjoining that portion of an interstate or primary highway designated by the department as a scenic byway under s. 84.106.

SB44, s. 1693 Section 1693. 84.30 (3) (j) 1. of the statutes is amended to read:

SB44,738,20 84.30 (3) (j) 1. Signs erected by the Crime Stoppers, the nationwide organization affiliated with local police departments, on or before October 14, 1997, without regard to whether the department has issued a license for the sign. The department may not remove a sign authorized under this paragraph unless the sign does not conform to federal requirements. The requirements under s. 86.19 do not apply to signs described in this subdivision. This subdivision does not apply to a sign in an adjacent area adjoining that portion of an interstate or primary highway designated by the department as a scenic byway under s. 84.106.

SB44, s. 1694 Section 1694. 84.30 (6) (b) of the statutes is amended to read:

SB44,739,2 84.30 (6) (b) Signs lawfully in existence on land adjoining any highway made an interstate or primary highway after March 18, 1972, or on land adjoining that portion of an interstate or primary highway designated by the department as a scenic byway under s. 84.106 after the effective date of this paragraph .... [revisor inserts date].

SB44, s. 1695 Section 1695. 84.59 (1) of the statutes is amended to read:

SB44,739,10 84.59 (1) Transportation facilities under s. 84.01 (28) and, major highway projects as defined under s. 84.013 (1) (a) for the purposes under ss. 84.06 and 84.09, state highway rehabilitation projects for the purposes specified in s. 20.395 (3) (cq) and the purposes under ss. 84.06 and 84.09, and the Marquette interchange reconstruction project under s. 84.014 for the purposes under ss. 84.06 and 84.09 may be funded with the proceeds of revenue obligations issued subject to and in accordance with subch. II of ch. 18.

SB44, s. 1696 Section 1696. 84.59 (2) of the statutes is renumbered 84.59 (2) (a).

SB44, s. 1697 Section 1697. 84.59 (2) (b) of the statutes is created to read:

SB44,739,25 84.59 (2) (b) The department may, under s. 18.562, deposit in a separate and distinct special fund outside the state treasury, in an account maintained by a trustee, revenues derived under ss. 341.09 (2) (d), (2m) (a) 1., (4), and (7), 341.14 (2), (2m), (6) (d), (6m) (a), (6r) (b) 2., (6w), and (8), 341.145 (3), 341.16 (1) (a) and (b), (2), and (2m), 341.25, 341.255 (1), (2) (a), (b), and (c), and (5), 341.26 (1), (2), (2m) (am), (3), (3m), (4), (5), and (7), 341.264 (1), 341.265 (1), 341.266 (2) (b) and (3), 341.268 (2) (b) and (3), 341.30 (3), 341.305 (3), 341.308 (3), and 342.14, except s. 342.14 (1r). The revenues deposited are the trustee's revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this section. Revenue obligations issued for the purposes specified in sub. (1) and deposited under this paragraph are special fund obligations, as defined in s. 18.52 (7), issued for special fund programs, as defined in s. 18.52 (8).

SB44, s. 1698 Section 1698. 84.59 (3) of the statutes is amended to read:

SB44,740,9 84.59 (3) The secretary may pledge revenues received or to be received in the any fund established in under sub. (2) to secure revenue obligations issued under this section. The pledge shall provide for the transfer to this state of all pledged revenues, including any interest earned on the revenues, which are in excess of the amounts required to be paid under s. 20.395 (6) (as). The pledge shall provide that the transfers be made at least twice yearly, that the transferred amounts be deposited in the transportation fund and that the transferred amounts are free of any prior pledge.

SB44, s. 1699 Section 1699. 84.59 (6) of the statutes is amended to read:

SB44,741,2 84.59 (6) The building commission may contract revenue obligations when 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. Except as provided in this subsection, the principal amount of revenue obligations issued under this section may not exceed $1,753,067,500 $2,916,403,000, excluding any obligations that have been defeased under a cash optimization program administered by the building commission, to be used for transportation facilities under s. 84.01 (28) and , major highway projects for the purposes under ss. 84.06 and 84.09, state highway rehabilitation projects for the purposes specified in s. 20.395 (3) (cq) and the purposes under ss. 84.06 and 84.09, and the Marquette interchange reconstruction project under s. 84.014 for the purposes under ss. 84.06 and 84.09. In addition to the foregoing limit on principal amount, the building commission may contract revenue obligations under this section as the building commission determines is desirable to refund outstanding revenue obligations contracted under this section and to pay expenses associated with revenue obligations contracted under this section.

SB44, s. 1700 Section 1700. 85.013 (2) (b) (intro.) of the statutes is amended to read:

SB44,741,6 85.013 (2) (b) (intro.) Any hearing under s. 227.42 shall be held before the office of the commissioner of tax appeals commission under s. 73.01 if the hearing concerns an additional assessment, refund or denial of refund under any of the following:

SB44, s. 1701 Section 1701. 85.013 (3) of the statutes is created to read:

SB44,741,16 85.013 (3) The division of hearings and appeals shall, in conducting any hearing or review for the department under s. 227.43 (1) (bk), give due weight to the experience, technical competence, and specialized knowledge of the department as well as discretionary authority conferred upon the department, and great weight to the department's interpretation of the statutes that it administers and rules promulgated under those statutes. If there is a conflict between this subsection and any other statute relating to any hearing or review conducted by the division of hearings and appeals for the department under s. 227.43 (1) (bk), the provisions of this subsection control.

SB44, s. 1702 Section 1702. 85.062 (1) (c) of the statutes is created to read:

SB44,741,20 85.062 (1) (c) Initial construction or expansion of a commuter rail transit system. In this paragraph, "commuter rail" has the meaning given in s. 85.064 (1) (a).

SB44, s. 1703 Section 1703. 85.064 of the statutes is created to read:

SB44,741,22 85.064 Commuter rail transit system development. (1) In this section:

SB44,742,3 (a) "Commuter rail" means rail passenger service, operating primarily on a dedicated right-of-way on existing railroad tracks used for rail freight service or intercity rail passenger service between and within metropolitan and suburban areas, connecting these areas with large business or urban centers in this state or another. Commuter rail usually operates during peak travel times with limited stops and in conjunction with other transit modes as part of a regional transit system.

SB44,742,6 (b) "Political subdivision" means any city, village, town, county, transit commission organized under s. 59.58 (2) or 66.1021 or recognized under s. 66.0301, or regional transportation authority organized under s. 59.58 (6) within this state.

SB44,742,12 (2) (a) The department shall administer a commuter rail transit system development grant program. From the appropriations under s. 20.395 (1) (dq), (dv), and (dx), the department may award grants to political subdivisions for preliminary engineering, property acquisition, equipment acquisition, and infrastructure construction projects related to the development or extension of commuter rail transit systems in this state.

SB44,742,16 (b) Upon completion of a planning study to the satisfaction of the department, any political subdivision may apply to the department for a grant for any purpose specified in par. (a). No grant may be awarded under this section for a project unless the project meets the eligibility criteria established by the department under sub. (3).

SB44,742,22 (c) The amount of a grant awarded under this section shall be limited to an amount equal to 50% of the portion of the project cost in excess of the federal aid funding for the project or 25% of the total project cost, whichever is less. No grant may be awarded under this section for a project involving the acquisition of property or equipment or infrastructure construction unless the political subdivision contributes funds for the project that at least equal 20% of the total project cost.

SB44,743,2 (3) The department shall prescribe the form, nature, and extent of information that shall be contained in applications for grants under this section and shall establish criteria for evaluating applications and determining eligibility for the award of grants under this section.

SB44, s. 1704 Section 1704. 85.09 (2) (a) of the statutes is amended to read:

SB44,744,7 85.09 (2) (a) The department of transportation shall have the first right to acquire, for present or future transportational or recreational purposes, any property used in operating a railroad or railway, including land and rails, ties, switches, trestles, bridges, and the like located thereon, which on that property, that has been abandoned. The department of transportation may, in connection with abandoned rail property, assign this right to a state agency, the board of regents of the University of Wisconsin System, any county or municipality, or any transit commission. Acquisition by the department of transportation may be by gift, purchase, or condemnation in accordance with the procedure under s. 32.05. In addition to its property management authority under s. 85.15, the department of transportation may lease and collect rents and fees for any use of rail property pending discharge of the department's duty to convey property that is not necessary for a public purpose. In exercising its property management authority, the department of transportation, to the greatest extent practicable, shall encourage and utilize the Wisconsin conservation corps for appropriate projects. No person owning abandoned rail property, including any person to whom ownership reverts upon abandonment, may convey or dispose of any abandoned rail property without first obtaining a written release from the department of transportation indicating that the first right of acquisition under this subsection will not be exercised or assigned. No railroad or railway may convey any rail property prior to abandonment if the rail property is part of a rail line shown on the railroad's system map as in the process of abandonment, expected to be abandoned, or under study for possible abandonment unless the conveyance or disposal is for the purpose of providing continued rail service under another company or agency. Any conveyance made without obtaining such release is void. The first right of acquisition of the department of transportation under this subsection does not apply to any rail property declared by the department to be abandoned before January 1, 1977. The department of transportation may acquire any abandoned rail property under this section regardless of the date of its abandonment.

SB44, s. 1705 Section 1705. 85.09 (4i) of the statutes is amended to read:

SB44,744,17 85.09 (4i) Disposal of rail property. The department shall sell at public or private sale rail property acquired under sub. (4) when the department determines that the rail property is not necessary for a public purpose and, if real property, the real property is not the subject of a petition under s. 16.375 560.9810 (2). Upon receipt of the full purchase price, the department shall, by appropriate deed or other instrument, transfer the rail property to the purchaser. The funds derived from sales under this subsection shall be deposited in the transportation fund, and the expense incurred by the department in connection with the sale shall be paid from the appropriation under s. 20.395 (2) (bq).

SB44, s. 1706 Section 1706. 85.12 (3) of the statutes is amended to read:

SB44,744,21 85.12 (3) The department may contract with any local governmental unit, as defined in s. 22.01 16.97 (7), to provide that local governmental unit with services under this section.

SB44, s. 1707 Section 1707. 85.14 (1) (b) of the statutes is amended to read:

SB44,745,2 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.

SB44, s. 1708 Section 1708. 85.14 (2) of the statutes is amended to read:

SB44,745,10 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. 59.25 (3) (j) and (k) that are reserved for payment of the charges under s. 14.58 (21) 20.907 (5) (e) 12e.

SB44, s. 1709 Section 1709. 85.20 (4m) (a) 6. cm. of the statutes is amended to read:

SB44,746,10 85.20 (4m) (a) 6. cm. For aid payable for calendar years 2000 and 2001, from the appropriation under s. 20.395 (1) (ht), the department shall pay $53,555,600 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $80,000,000. For aid payable for calendar year 2002, from the appropriation under s. 20.395 (1) (ht), the department shall pay $55,697,800 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $80,000,000. Beginning with For aid payable for calendar year 2003 and for each calendar year thereafter, from the appropriation under s. 20.395 (1) (ht), the department shall pay $56,811,800 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $80,000,000. For aid payable for calendar year 2004, from the appropriation under s. 20.395 (1) (ht), the department shall pay $58,192,000 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $80,000,000. Beginning with aid payable for calendar year 2005 and for each calendar year thereafter, from the appropriation under s. 20.395 (1) (ht), the department shall pay $59,572,900 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $80,000,000. If the eligible applicant that receives aid under this subd. 6. cm. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.

SB44, s. 1710 Section 1710. 85.20 (4m) (a) 6. d. of the statutes is amended to read:

SB44,747,11 85.20 (4m) (a) 6. d. For aid payable for calendar years 2000 and 2001, from the appropriation under s. 20.395 (1) (hu), the department shall pay $14,297,600 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. For aid payable for calendar year 2002, from the appropriation under s. 20.395 (1) (hu), the department shall pay $14,869,500 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. Beginning with For aid payable for calendar year 2003 and for each calendar year thereafter, from the appropriation under s. 20.395 (1) (hu), the department shall pay $15,166,900 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. For aid payable for calendar year 2004, from the appropriation under s. 20.395 (1) (hu), the department shall pay $15,536,600 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. Beginning with aid payable for calendar year 2005 and for each calendar year thereafter, from the appropriation under s. 20.395 (1) (hu), the department shall pay $15,908,200 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. If the eligible applicant that receives aid under this subd. 6. d. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.

SB44, s. 1711 Section 1711. 85.20 (4m) (a) 7. a. of the statutes is amended to read:

SB44,747,23 85.20 (4m) (a) 7. a. From the appropriation under s. 20.395 (1) (hr), for aid payable for calendar year 2001, the uniform percentage for each eligible applicant served by an urban mass transit system operating within an urbanized area having a population as shown in the 1990 federal decennial census of at least 50,000 or receiving federal mass transit aid for such area, and not specified in subd. 6. From the appropriation under s. 20.395 (1) (hr), beginning with aid payable for calendar year 2002 and for each calendar year thereafter, the uniform percentage for each eligible applicant served by an urban mass transit system operating within an urbanized area having a population as shown in the 2000 federal decennial census of at least 50,000 or receiving federal mass transit aid for such area, and not specified in subd. 6.

SB44, s. 1712 Section 1712. 85.20 (4m) (a) 7. b. of the statutes is amended to read:

SB44,748,6 85.20 (4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the amounts for aids are $19,804,200 in calendar years 2000 and 2001, $20,596,400 in calendar year 2002, and $21,008,300 $21,008,300 in calendar year 2003, $21,555,300 in calendar year 2004, and $22,133,700 in calendar year 2005 and in each calendar year thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

SB44, s. 1713 Section 1713. 85.20 (4m) (a) 8. a. of the statutes is amended to read:

SB44,748,17 85.20 (4m) (a) 8. a. From the appropriation under s. 20.395 (1) (hs), for aid payable for calendar year 2001, the uniform percentage for each eligible applicant served by an urban mass transit system operating within an area having a population as shown in the 1990 federal decennial census of less than 50,000 or receiving federal mass transit aid for such area. From the appropriation under s. 20.395 (1) (hs), beginning with aid payable for calendar year 2002 and for each calendar year thereafter, the uniform percentage for each eligible applicant served by an urban mass transit system operating within an area having a population as shown in the 2000 federal decennial census of less than 50,000 or receiving federal mass transit aid for such area.

SB44, s. 1714 Section 1714. 85.20 (4m) (a) 8. b. of the statutes is amended to read:

SB44,748,24 85.20 (4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the amounts for aids are $5,349,100 in calendar years 2000 and 2001, $5,563,100 in calendar year 2002, and $5,674,400 $5,674,400 in calendar year 2003, $5,844,100 in calendar year 2004, and $6,041,400 in calendar year 2005 and in each calendar year thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

SB44, s. 1715 Section 1715. 85.55 of the statutes is amended to read:

SB44,749,10 85.55 Safe-ride grant program. The department may award grants to any county or municipality or to any nonprofit corporation, as defined in s. 46.93 (1m) (c) 66.0129 (6) (b), to cover the costs of transporting persons suspected of having a prohibited alcohol concentration, as defined in s. 340.01 (46m), from any premises licensed under ch. 125 to sell alcohol beverages to their places of residence. The amount of a grant under this section may not exceed 50% of the costs necessary to provide the service. The liability of a provider of a safe-ride program to persons transported under the program is limited to the amounts required for an automobile liability policy under s. 344.15 (1). Grants awarded under this section shall be paid from the appropriation under s. 20.395 (5) (ek).

SB44, s. 1716 Section 1716. 86.001 (2m) of the statutes is repealed.

SB44, s. 1717 Section 1717. 86.12 (2) of the statutes is amended to read:

SB44,749,19 86.12 (2) If a railroad company fails to comply with the resolution in sub. (1) within 30 days after service of the resolution, the county board, common council, village board or town board may file a complaint with the office department alleging the failure. The office department shall investigate and determine the matter in controversy as provided in ch. 195. An order issued by the office under this subsection has the same effect as an order in a proceeding brought under ch. 195, and may issue an appropriate order.

SB44, s. 1718 Section 1718. 86.13 (3) of the statutes is amended to read:

SB44,750,4 86.13 (3) If any railroad company fails to grade, construct, pave, surface or otherwise improve or maintain in good and safe condition for public travel as required by this section any street or highway crossing after having been notified so to do by the officer in charge thereof or of the highway improvement for 30 days after such notification, the highway authorities may file a complaint with the office department. The office department shall investigate and determine the matter in controversy as provided in ch. 195. An order issued by the office under this subsection has the same effect as an order in a proceeding brought under ch. 195, and may issue an appropriate order.

SB44, s. 1719 Section 1719. 86.30 (2) (a) 1. of the statutes is amended to read:

SB44,750,11 86.30 (2) (a) 1. Except as provided in pars. (b), (d) and (dm), sub. (10) and s. 86.303, the amount of transportation aids payable by the department to each county shall be the aids amount calculated under subd. 2. and to each municipality shall be the aids amount calculated under subd. 2. or 3., whichever is greater. If the amounts calculated for a municipality under subd. 2. or 3. are the same, transportation aids to that municipality shall be paid under subd. 2.

SB44, s. 1720 Section 1720. 86.30 (2) (a) 3. of the statutes is amended to read:

SB44,750,16 86.30 (2) (a) 3. For each mile of road or street under the jurisdiction of a municipality as determined under s. 86.302, the mileage aid payment shall be $1,704 in calendar year 2001, $1,755 in calendar year 2002, and $1,825 in calendar year 2003, $1,871 in calendar year 2004, and $1,917 in calendar year 2005 and thereafter.

SB44, s. 1721 Section 1721. 86.30 (9) (b) of the statutes is amended to read:

SB44,750,23 86.30 (9) (b) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to counties are $84,059,500 in calendar years 2000 and 2001, $86,581,300 in calendar year 2002, and $90,044,600 in calendar year 2003, $92,295,700 in calendar year 2004, and $94,603,100 in calendar year 2005 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide county average cost-sharing percentage in the particular calendar year.

SB44, s. 1722 Section 1722. 86.30 (9) (c) of the statutes is amended to read:

SB44,751,7 86.30 (9) (c) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to municipalities are $264,461,500 in calendar years 2000 and 2001, $272,395,300 in calendar year 2002, and $283,291,100 in calendar year 2003, $290,373,400 in calendar year 2004, and $297,632,700 in calendar year 2005 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide municipal average cost-sharing percentage in the particular calendar year.

SB44, s. 1723 Section 1723. 86.30 (10) of the statutes is repealed.

SB44, s. 1724 Section 1724. 86.31 (3s) of the statutes is amended to read:

SB44,751,20 86.31 (3s) West Canal Street reconstruction and extension. Notwithstanding limitations on the amount and use of aids provided under this section, or on eligibility requirements for receiving aids under this section, and subject to s. 84.03 (3) (b), the department shall award a grant of $2,500,000 to the city of Milwaukee for the purpose purposes specified under s. 84.03 (3) (a). Notwithstanding subs. (3) (b), (3g), (3m), and (3r), payment of the grant under this subsection shall be made from the appropriation under s. 20.395 (2) (fr) before making any other allocation of funds under subs. (3) (b), (3g), (3m), and (3r), and the allocation of funds under subs. (3) (b), (3g), (3m), and (3r) shall be reduced proportionately to reflect the amount of the grant made under this subsection. This subsection does not apply after December 31, 2005.

SB44, s. 1725 Section 1725. 87.07 (4) of the statutes is amended to read:

SB44,752,6 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.

SB44, s. 1726 Section 1726. 87.11 (2) of the statutes is amended to read:

SB44,753,8 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.

SB44, s. 1727 Section 1727. 87.13 of the statutes is amended to read:

SB44,753,21 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.

SB44, s. 1728 Section 1728. 88.66 (2) of the statutes is amended to read:

SB44,754,11 88.66 (2) Every district whose drains cross the right-of-way of a railway company is liable to such company for the reasonable cost of opening its right-of-way and also for the cost of the culverts and bridges made necessary by such drain. The drainage board shall include such costs in its cost of construction, as set forth in its report of benefits and damages, and shall award them as damages to the railway company. The bridge or culvert shall be designed by the district's engineer and the design submitted to the railway company for approval. If a dispute arises as to the adequacy of the design, either party may submit the dispute to the office of the commissioner of railroads division of hearings and appeals in the department of administration by filing with the office division of hearings and appeals a statement as to the facts involved and the nature of the dispute. The office division of hearings and appeals shall investigate and determine the matter in controversy in accordance with ch. 195, and any order it makes in such proceeding has the same effect as an order in any other proceeding properly brought under ch. 195.

SB44, s. 1729 Section 1729. 88.87 (4) of the statutes is amended to read:

SB44,754,19 88.87 (4) If a railway company fails to comply with sub. (2), any person aggrieved thereby may file a complaint with the office of the commissioner of railroads division of hearings and appeals in the department of administration setting forth the facts. The office division of hearings and appeals shall investigate and determine the matter in controversy in accordance with ch. 195, and any order it makes in such proceeding has the same effect as an order in any other proceeding properly brought under ch. 195.

SB44, s. 1730 Section 1730. 88.88 (2) of the statutes is amended to read:

SB44,755,2 88.88 (2) If the railway company fails to comply with sub. (1), the person aggrieved thereby may file a complaint with the office of the commissioner of railroads division of hearings and appeals in the department of administration setting forth the facts. The office division of hearings and appeals shall investigate and determine the matter in controversy in accordance with ch. 195, and any order it makes in such proceeding has the same effect as an order in any other proceeding properly brought under ch. 195.

SB44, s. 1731 Section 1731. 91.19 (6s) (a) (intro.) of the statutes is amended to read:

SB44,755,8 91.19 (6s) (a) (intro.) The department may release from a farmland preservation agreement any land acquired or to be acquired by a local unit of government the governing body of a municipality, as defined in s. 106.215 (1) (e) 281.59 (1) (c), for public improvements or structures, including highway improvements, if all of the following occur:

SB44, s. 1732 Section 1732. 93.07 (1) of the statutes is amended to read:

SB44,755,15 93.07 (1) Regulations. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all of the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of department to carry out its duties and powers under chs. 93 to 100, which regulations shall have the force of law.