AB1039: Bill Text

AB1039,82,24 177.01 (1) “Administrator" means the secretary of revenue state treasurer.

AB1039,233 Section 233. 177.23 (2) (e) of the statutes is amended to read:

AB1039,83,2 177.23 (2) (e) Salaries of the employees of the office of the state treasurer and the department of revenue that are attributable to the administration of this chapter.

AB1039,234 Section 234. 180.1440 of the statutes is amended to read:

AB1039,83,8 180.1440 Delivery to secretary of revenue state treasurer. Assets of a dissolved corporation that should be transferred to a creditor, claimant or shareholder of the corporation and are unclaimed shall be reduced to cash and shall be reported and delivered to the secretary of revenue state treasurer as provided under ch. 177.

AB1039,235 Section 235. 181.1440 of the statutes is amended to read:

AB1039,83,19 181.1440 Deposit with secretary of revenue state treasurer. Assets of a dissolved corporation that should be transferred to a creditor, claimant, or member of the corporation who cannot be found or who is not competent to receive them, shall be reduced to cash subject to known trust restrictions and deposited with the secretary of revenue state treasurer for safekeeping. However, in the secretary's state treasurer's discretion property may be received and held in kind. When the creditor, claimant, or member furnishes satisfactory proof of entitlement to the amount deposited or property held in kind, the secretary of revenue state treasurer shall deliver to the creditor, member or other person or his or her representative that amount or property.

AB1039,236 Section 236. 185.75 (2) of the statutes is amended to read:

AB1039,84,2 185.75 (2) Assets distributable in the course of the liquidation of a cooperative that remain unclaimed after one year may be reported and delivered to the secretary of revenue state treasurer as provided under ch. 177. Assets distributable in the course of the liquidation of a cooperative that are not forfeited under sub. (1) and that remain unclaimed after 5 years shall be reported and delivered to the secretary of revenue state treasurer under ch. 177.

AB1039,237 Section 237. 186.235 (11) (p) 3. of the statutes is amended to read:

AB1039,84,12 186.235 (11) (p) 3. One year after the date of the order for final distribution, the office of credit unions shall report and deliver to the secretary of revenue state treasurer all unclaimed funds as provided in ch. 177. All claims subsequently arising shall be presented to the office of credit unions. If the office of credit unions determines that any claim should be allowed, the office shall certify to the department of administration the name and address of the person entitled to payment and the amount of the payment and shall attach the claim to the certificate. The department of administration shall certify the claim to the secretary of revenue state treasurer for payment.

AB1039,238 Section 238. 193.735 (1) (intro.) of the statutes is amended to read:

AB1039,84,19 193.735 (1) Alternate procedure to distribute property. (intro.) Notwithstanding s. 177.17 (4) (a) 2. and (b), a cooperative may distribute any property required to be reported under s. 177.17 (1) to an entity that is exempt from taxation under section 501 (a) of the Internal Revenue Code. A cooperative making a distribution under this subsection shall file all of the following with the secretary of revenue state treasurer before making the distribution:

AB1039,239 Section 239. 193.905 (4) (b) of the statutes is amended to read:

AB1039,84,23 193.905 (4) (b) Assets distributable in the course of the dissolution of a cooperative that are not forfeited under par. (a) shall be reported and delivered to the secretary of revenue state treasurer as provided under ch. 177.

AB1039,240 Section 240. 194.51 of the statutes is amended to read:

AB1039,85,12 194.51 Suit to recover protested tax. No suit shall be maintained in any court to restrain or delay the collection or payment of the taxes levied in this chapter. The aggrieved taxpayer shall pay the tax as and when due, and, if paid under protest, may at any time within 90 days from the date of such payment, sue the state in an action at law to recover the tax so paid. If it is finally determined that said tax, or any part thereof, was wrongfully collected for any reason, it shall be the duty of the secretary department of administration to issue a warrant on the state treasurer to pay out of the transportation fund the amount of such tax so adjudged to have been wrongfully collected. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as may have been made within any 90-day period preceding the commencement of such an action. Such suits shall be commenced as provided in s. 775.01.

AB1039,241 Section 241. 195.60 (3) of the statutes is amended to read:

AB1039,86,3 195.60 (3) If any railroad or water carrier against which a bill has been rendered under sub. (1) or (2) within 30 days after the rendering of such bill neglects or refuses to pay the same or fails to file objections to the bill with the office, the office shall transmit to the secretary of administration a certified copy of the bill, together with notice of neglect or refusal to pay the bill, and on the same day the office shall mail to the railroad or water carrier against which the bill has been rendered a copy of the notice which it has transmitted to the secretary of administration state treasurer. Within 10 days after the receipt of such notice and certified copy of such bill, the secretary of administration state treasurer shall levy the amount stated on such bill to be due, with interest, by distress and sale of any goods and chattels, including stocks, securities, bank accounts, evidences of debt, and accounts receivable belonging to such delinquent railroad or water carrier. Such levy by distress and sale shall be governed by the provisions of s. 74.10, 1985 stats., except that it shall be made by the secretary of administration state treasurer and that said goods and chattels anywhere within the state may be levied upon.

AB1039,242 Section 242. 195.60 (4) (d) of the statutes is amended to read:

AB1039,86,15 195.60 (4) (d) If any bill against which objections have been filed is not paid within 10 days after notice of a finding that such objections have been overruled and disallowed by the office has been mailed to the objector, the office shall give notice of such delinquency to the secretary of administration and to the objector, in the manner provided in sub. (3). The secretary of administration state treasurer shall then proceed to collect the amount of the bill as provided in sub. (3). If an amended bill is not paid within 10 days after a copy thereof is mailed to the objector by registered mail, the office shall notify the secretary of administration state treasurer and the objector as in the case of delinquency in the payment of an original bill. The secretary of administration state treasurer shall then proceed to collect the amount of the bill as provided in the case of an original bill.

AB1039,243 Section 243. 195.60 (5) of the statutes is amended to read:

AB1039,87,3 195.60 (5) No suit or proceeding shall be maintained in any court for the purpose of restraining or in any way delaying the collection or payment of any bill rendered under subs. (1) and (2). Every railroad or water carrier against which a bill is rendered shall pay the amount thereof, and after such payment may in the manner herein provided, at any time within 2 years from the date the payment was made, sue the state in an action at law to recover the amount paid with legal interest thereon from the date of payment, upon the ground that the assessment was excessive, erroneous, unlawful, or invalid in whole or in part. If it is finally determined in such action that any part of the bill for which payment was made was excessive, erroneous, unlawful, or invalid, the secretary of administration state treasurer shall make a refund to the claimant as directed by the court, which shall be charged to the appropriations to the office.

AB1039,244 Section 244. 196.199 (3) (d) of the statutes is amended to read:

AB1039,87,20 196.199 (3) (d) If, at any time during a proceeding under this subsection, the commission determines, after notice and reasonable opportunity to be heard, that a person has made a filing in violation of par. (c), the commission shall order the person to pay to any party to the proceeding the amount of reasonable expenses incurred by that party because of the filing, including reasonable attorney fees, and the commission may directly assess a forfeiture against the person of not less than $25 nor more than $5,000. A person against whom the commission assesses a forfeiture under this paragraph shall pay the forfeiture to the commission within 10 days after receipt of notice of the assessment or, if the person petitions for judicial review under ch. 227, within 10 days after receipt of the final decision after exhaustion of judicial review. The commission shall remit all forfeitures paid under this paragraph to the secretary of administration state treasurer for deposit in the school fund. The attorney general may bring an action in the name of the state to collect any forfeiture assessed by the commission under this paragraph that has not been paid as provided in this paragraph. The only contestable issue in such an action is whether or not the forfeiture has been paid.

AB1039,245 Section 245. 196.85 (3) of the statutes is amended to read:

AB1039,88,12 196.85 (3) If any public utility, sewerage system, joint local water authority, or power district is billed under sub. (1), (2), or (2e) and fails to pay the bill within 30 days or fails to file objections to the bill with the commission, as provided in sub. (4), the commission shall transmit to the secretary of administration state treasurer a certified copy of the bill, together with notice of failure to pay the bill, and on the same day the commission shall mail by registered mail to the public utility, sewerage system, joint local water authority, or power district a copy of the notice that it has transmitted to the state treasurer. Within 10 days after receipt of the notice and certified copy of the bill, the secretary of administration state treasurer shall levy the amount stated on the bill to be due, with interest, by distress and sale of any property, including stocks, securities, bank accounts, evidences of debt, and accounts receivable belonging to the delinquent public utility, sewerage system, joint local water authority, or power district. The levy by distress and sale shall be governed by s. 74.10, 1985 stats., except that it shall be made by the secretary of administration state treasurer and that goods and chattels anywhere within the state may be levied upon.

AB1039,246 Section 246. 196.85 (4) (d) of the statutes is amended to read:

AB1039,88,25 196.85 (4) (d) If any bill against which objections have been filed is not paid within 10 days after notice of a finding that the objections have been overruled and disallowed by the commission has been mailed to the objector as provided in this subsection, the commission shall give notice of the delinquency to the secretary of administration state treasurer and to the objector, in the manner provided in sub. (3). The secretary of administration state treasurer shall then proceed to collect the amount of the delinquent bill as provided in sub. (3). If an amended bill is not paid within 10 days after a copy of the amended bill is mailed to the objector by registered mail, the commission shall notify the secretary of administration state treasurer and the objector as in the case of delinquency in the payment of an original bill. The secretary of administration state treasurer shall then proceed to collect the amount of the amended bill as provided in the case of an original bill.

AB1039,247 Section 247. 196.85 (5) of the statutes is amended to read:

AB1039,89,12 196.85 (5) No suit or proceeding may be maintained in any court to restrain or delay the collection or payment of any bill rendered under sub. (1), (2), or (2e). Every public utility, sewerage system, joint local water authority, or power district that is billed shall pay the amount of the bill, and after payment may in the manner provided under this section, at any time within 2 years from the date the payment was made, sue the state to recover the amount paid plus interest from the date of payment, upon the ground that the assessment was excessive, erroneous, unlawful, or invalid in whole or in part. If the court finds that any part of the bill for which payment was made was excessive, erroneous, unlawful, or invalid, the secretary of administration state treasurer shall make a refund to the claimant as directed by the court. The refund shall be charged to the appropriations to the commission.

AB1039,248 Section 248. 215.33 (3) (b) 2. of the statutes is amended to read:

AB1039,89,18 215.33 (3) (b) 2. The accounts of the association are insured by the deposit insurance corporation or any other insurer acceptable to the division, or that adequate and sufficient securities have been deposited with the secretary of administration state treasurer to assure that the association will meet its obligations to the residents of this state.

AB1039,249 Section 249. 217.11 (5) of the statutes is amended to read:

AB1039,90,3 217.11 (5) If a licensee ceases to do business in this state, the licensee shall deposit the licensee's records and proceeds of checks and remittances relating to checks sold in this state with the secretary of revenue state treasurer. On claim and submission of proof of ownership satisfactory to the secretary of revenue state treasurer, the secretary of revenue state treasurer shall pay such amount of the funds deposited as are owing to a person. Such funds as are not paid out within 20 years from date of deposit shall escheat to and become the property of the state, and shall be paid by the secretary of revenue state treasurer and be dealt with in the same manner as other escheated property.

AB1039,250 Section 250. 220.08 (14) of the statutes is amended to read:

AB1039,90,19 220.08 (14) The division may pay the moneys held by the division to the persons entitled to them, upon being furnished satisfactory evidence of their right to the same. In cases of doubt or conflicting claims, the division may require an order of the circuit court authorizing and directing the payment thereof. The division may apply the interest earned towards defraying the expenses in the payment and distribution of such unclaimed deposits or dividends to the depositors and creditors entitled to receive them, and if necessary may draw on the fund to defray such expenses. After one year from the time of the order for final distribution, the division shall report and deliver all unclaimed funds to the secretary of revenue state treasurer as provided in ch. 177. All claims subsequently arising shall be presented to the division. If the division determines that any claim should be allowed, the division shall certify to the department of administration the name and address of the person entitled to payment and the amount thereof and shall attach the claim to the certificate. The secretary of administration shall certify the claim to the secretary of revenue state treasurer for payment.

AB1039,251 Section 251. 220.08 (20) of the statutes is amended to read:

AB1039,91,17 220.08 (20) In the event the division, as statutory receiver of closed state banks or in connection with the division's supervision of segregated trusts, shall have possession of any funds or property by reason of any recovery on an official bond or otherwise, and said funds shall not belong to or be attributable to any specific bank or banks in liquidation or to any specific segregated trust or trusts and it shall appear that all or a number of banks in liquidation or all or a number of the segregated trusts supervised by the division or the depositors or other creditors of such banks or trusts, may have an interest in such funds or property, the division may petition the circuit court for Dane County for an order directing the disposition of such funds or property. The court, upon presentation of such a petition, shall direct the division to give such notice of hearing thereon, by publication of a class 3 notice, under ch. 985, or otherwise, as appears reasonable under the circumstances. The expenses of the division in any such proceeding shall be paid out of such funds or property. If it shall appear to the court that the persons to whom such funds or property may ultimately belong cannot be found or ascertained or that the expense of such ascertainment would in the judgment of the court be excessive or unreasonable under all the circumstances, the court shall enter an order directing the division to transmit such funds or property to the secretary of revenue state treasurer to become the property of the state. Any person claiming an interest in any such funds or property so ordered to be transmitted to the secretary of revenue state treasurer may within 5 years after the entry of such order bring suit against the state for recovery thereof without interest.

AB1039,252 Section 252. 223.02 (1) (intro.) of the statutes is amended to read:

AB1039,91,21 223.02 (1) Indemnity fund deposit. (intro.) Deposit at least $100,000 with the secretary of administration state treasurer or the secretary's treasurer's agent in accordance with the following provisions:

AB1039,253 Section 253. 223.02 (1) (b) of the statutes is amended to read:

AB1039,92,4 223.02 (1) (b) The secretary of administration state treasurer or the secretary's treasurer's agent shall pay over to the bank trust company the interest, dividends, or other income on deposit or may authorize the bank trust company to collect the interest, dividends, or other income. The secretary of administration state treasurer shall issue a certificate stating that a deposit has been made with the secretary of administration state treasurer or the secretary's treasurer's agent in the manner provided in this section.

AB1039,254 Section 254. 223.02 (1) (c) of the statutes is amended to read:

AB1039,92,11 223.02 (1) (c) The secretary of administration state treasurer or the secretary's treasurer's agent shall hold the deposit as security for the faithful execution of any trust which may be lawfully imposed upon and accepted by the trust company bank. The cash or securities shall remain in the possession of the secretary of administration state treasurer or the secretary's treasurer's agent until otherwise ordered by a court of competent jurisdiction, unless released pursuant to par. (d).

AB1039,255 Section 255. 223.02 (1) (d) of the statutes is amended to read:

AB1039,92,17 223.02 (1) (d) The securities and cash deposited by a trust company bank may be released by the secretary of administration state treasurer or the secretary's treasurer's agent and returned to the bank, if the division certifies to the secretary of administration state treasurer that the bank no longer exercises trust powers and that the division is satisfied that there are no outstanding trust liabilities.

AB1039,256 Section 256. 223.02 (1) (e) of the statutes is amended to read:

AB1039,92,24 223.02 (1) (e) The secretary of administration state treasurer may designate a banking corporation, having an authorized capital of $1,000,000 or more, to act as an agent to hold the cash or securities in safekeeping. The agent shall furnish to the secretary of administration state treasurer a safekeeping receipt for all cash and securities received by it. The agent shall pay the cash and securities to the secretary of administration state treasurer on demand without conditions.

AB1039,257 Section 257. 223.20 (3) of the statutes is amended to read:

AB1039,93,8 223.20 (3) Surrender of trust powers. If a converted trust company bank has been fully discharged of all trusts committed to it, it may, by amendment to its articles of incorporation, duly adopted by its stockholders and approved by the division, surrender its powers to act in a fiduciary capacity. A trust company bank that surrenders its trust powers under this subsection shall eliminate from its corporate name the word “trust" and may thereupon withdraw from the secretary of administration state treasurer all securities and cash that it has deposited with the secretary of administration state treasurer pursuant to s. 223.02.

AB1039,258 Section 258. 224.77 (1m) (c) 1. of the statutes is amended to read:

AB1039,93,14 224.77 (1m) (c) 1. All forfeitures shall be paid to the division of banking within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (b), within 10 days after receipt of the final decision after exhaustion of administrative review. The division of banking shall remit all forfeitures paid to the secretary of administration state treasurer for deposit in the school fund.

AB1039,259 Section 259. 253.06 (4) (c) 2. of the statutes is amended to read:

AB1039,93,20 253.06 (4) (c) 2. If a fine or forfeiture is imposed by a court of record, after a determination by the court of the amount due, the clerk of the court shall collect and transmit such amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration state treasurer as provided in s. 59.25 (3) (f) 2.

AB1039,260 Section 260. 253.06 (5) (e) of the statutes is amended to read:

AB1039,94,8 253.06 (5) (e) The suspension or termination of authorization of a vendor or eligibility of a participant shall be effective beginning on the 15th day after receipt of the notice of suspension or termination. All forfeitures, recoupments, and enforcement assessments shall be paid to the department within 15 days after receipt of notice of assessment or, if the forfeiture, recoupment, or enforcement assessment is contested under sub. (6), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is adverse to the department or unless the final decision is appealed and the decision is stayed by court order under sub. (7). The department shall remit all forfeitures paid to the secretary of administration state treasurer for deposit in the school fund. The department shall deposit all enforcement assessments in the appropriation under s. 20.435 (1) (gr).

AB1039,261 Section 261. 254.45 (4) (b) of the statutes is amended to read:

AB1039,94,11 254.45 (4) (b) The department shall remit all forfeitures paid to the secretary of administration state treasurer for deposit in the school fund.

AB1039,262 Section 262. 254.59 (2) of the statutes is amended to read:

AB1039,95,13 254.59 (2) If a human health hazard is found on private property, the local health officer shall notify the owner and the occupant of the property, by registered mail with return receipt requested, of the presence of the human health hazard and order its abatement or removal within 30 days of receipt of the notice. If the human health hazard is not abated or removed by that date, the local health officer shall immediately enter upon the property and abate or remove the human health hazard or may contract to have the work performed. The human health hazard shall be abated in a manner which is approved by the local health officer. The cost of the abatement or removal may be recovered from the person permitting the violation or may be paid by the municipal treasurer and the account, after being paid by the treasurer, shall be filed with the municipal clerk, who shall enter the amount chargeable to the property in the next tax roll in a column headed “For Abatement of a Nuisance" as a special tax on the lands upon which the human health hazard was abated, and the tax shall be collected as are other taxes. In case of railroads or other lands not taxed in the usual way, the amount chargeable shall be certified by the clerk to the secretary of administration state treasurer who shall add the amount designated in the certificate to the sum due from the company owning, occupying, or controlling the land specified, and the secretary of administration state treasurer shall collect the amount as prescribed in subch. I of ch. 76 and return the amount collected to the town, city, or village from which the certificate was received. Anyone maintaining such a human health hazard may also be fined not more than $300 or imprisoned for not more than 90 days or both. The only defenses an owner may have against the collection of a tax under this subsection are that no human health hazard existed on the owner's property, that no human health hazard was corrected on the owner's property, that the procedure outlined in this subsection was not followed or any applicable defense under s. 74.33.

AB1039,263 Section 263. 254.59 (5) of the statutes is amended to read:

AB1039,96,6 254.59 (5) The cost of abatement or removal of a human health hazard under this section may be at the expense of the municipality and may be collected from the owner or occupant, or person causing, permitting, or maintaining the human health hazard, or may be charged against the premises and, upon certification of the local health officer, assessed as are other special taxes. In cases of railroads or other lands not taxed in the usual way, the amount chargeable shall be certified by the clerk to the secretary of administration state treasurer who shall add the amount designated in the certificate to the sum due from the company owning, occupying, or controlling the land specified, and the secretary of administration state treasurer shall collect the amount as prescribed in subch. I of ch. 76 and return the amount collected to the town, city, or village from which the certificate was received. Anyone maintaining such a human health hazard may also be fined not more than $300 or imprisoned for not more than 90 days or both. The only defenses an owner may have against the collection of a tax under this subsection are that no human health hazard existed on the owner's property, that no human health hazard was corrected on the owner's property, that the procedure outlined in this subsection was not followed, or any applicable defense under s. 74.33.

AB1039,264 Section 264. 281.99 (4) of the statutes is amended to read:

AB1039,96,14 281.99 (4) All forfeitures shall be paid to the department within 60 days after receipt of the order or according to a schedule agreed to by the department and the water system owner or operator or, if the forfeiture is contested under sub. (3), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the secretary of administration state treasurer for deposit in the school fund.

AB1039,265 Section 265. 299.93 (3) of the statutes is amended to read:

AB1039,96,21 299.93 (3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the environmental surcharge under this section. If the deposit is forfeited, the amount of the environmental surcharge shall be transmitted to the secretary of administration state treasurer under sub. (4). If the deposit is returned, the environmental surcharge shall also be returned.

AB1039,266 Section 266. 299.93 (4) of the statutes is amended to read:

AB1039,97,3 299.93 (4) The clerk of the court shall collect and transmit to the county treasurer the environmental surcharge and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration state treasurer as provided in s. 59.25 (3) (f) 2. The secretary of administration state treasurer shall deposit the amount of the surcharge in the environmental fund.

AB1039,267 Section 267. 301.105 (intro.) of the statutes is amended to read:

AB1039,97,9 301.105 Telephone company commissions. (intro.) The department shall collect moneys for commissions from telephone companies for contracts to provide telephone services to inmates. The department shall transmit those moneys to the secretary of administration state treasurer. The secretary of administration state treasurer shall do all of the following:

AB1039,268 Section 268. 344.185 (2) (e) 2. of the statutes is amended to read:

AB1039,97,15 344.185 (2) (e) 2. All other proceeds of the sale remaining after the payments under subd. 1. shall be retained by the secretary of transportation and applied as security for payment of judgments and assignments as provided under s. 344.20 (2). Any amounts not used to pay judgments or assignments shall be transmitted to the secretary of administration state treasurer for deposit in the school fund.

AB1039,269 Section 269. 345.08 of the statutes is amended to read:

AB1039,98,4 345.08 Suit to recover protested tax or fee. No suit shall be maintained in any court to restrain or delay the collection or payment of the taxes levied or the fees imposed or enacted in chs. 341 to 349. The aggrieved taxpayer shall pay the tax or fee as and when due and, if paid under protest, may at any time within 90 days from the date of such payment sue the state in an action at law to recover the tax or fee so paid. If it is finally determined that such tax or fee or any part thereof was wrongfully collected for any reason, the secretary of administration shall issue a warrant on the state treasurer to pay from the transportation fund the amount of such tax or fee so adjudged to have been wrongfully collected. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as were made within the 90-day period preceding the commencement of the action. Such suits shall be commenced as provided in s. 775.01.

AB1039,270 Section 270. 346.177 (3) of the statutes is amended to read:

AB1039,98,12 346.177 (3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the railroad crossing improvement surcharge under this section. If the deposit is forfeited, the amount of the railroad crossing improvement surcharge shall be transmitted to the secretary of administration state treasurer under sub. (4). If the deposit is returned, the amount of the railroad crossing improvement surcharge shall also be returned.

AB1039,271 Section 271. 346.177 (4) of the statutes is amended to read:

AB1039,98,19 346.177 (4) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad crossing improvement surcharge as required under s. 59.40 (2) (m). The county treasurer shall then pay the secretary of administration state treasurer as provided in s. 59.25 (3) (f) 2. The secretary of administration state treasurer shall deposit all amounts received under this subsection in the transportation fund to be appropriated under s. 20.395 (2) (gj).

AB1039,272 Section 272. 346.495 (3) of the statutes is amended to read:

AB1039,99,2 346.495 (3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the railroad crossing improvement surcharge under this section. If the deposit is forfeited, the amount of the railroad crossing improvement surcharge shall be transmitted to the secretary of administration state treasurer under sub. (4). If the deposit is returned, the amount of the railroad crossing improvement surcharge shall also be returned.

AB1039,273 Section 273. 346.495 (4) of the statutes is amended to read:

AB1039,99,9 346.495 (4) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad crossing improvement surcharge as required under s. 59.40 (2) (m). The county treasurer shall then pay the secretary of administration state treasurer as provided in s. 59.25 (3) (f) 2. The secretary of administration state treasurer shall deposit all amounts received under this subsection in the transportation fund to be appropriated under s. 20.395 (2) (gj).

AB1039,274 Section 274. 346.65 (4r) (c) of the statutes is amended to read:

AB1039,99,17 346.65 (4r) (c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the railroad crossing improvement surcharge under this subsection. If the deposit is forfeited, the amount of the railroad crossing improvement surcharge shall be transmitted to the secretary of administration state treasurer under par. (d). If the deposit is returned, the amount of the railroad crossing improvement surcharge shall also be returned.

AB1039,275 Section 275. 346.65 (4r) (d) of the statutes is amended to read:

AB1039,99,24 346.65 (4r) (d) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad crossing improvement surcharge as required under s. 59.40 (2) (m). The county treasurer shall then pay the secretary of administration state treasurer as provided in s. 59.25 (3) (f) 2. The secretary of administration state treasurer shall deposit all amounts received under this paragraph in the transportation fund to be appropriated under s. 20.395 (2) (gj).

AB1039,276 Section 276. 346.655 (2) of the statutes is amended to read:

AB1039,100,4 346.655 (2) (a) Except as provided in par. (b), the clerk of court shall collect and transmit the amount under sub. (1) to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment of 49.7 percent of the amount to the secretary of administration state treasurer as provided in s. 59.25 (3) (f) 2.