AB150-ASA1-AA4,10,87
25.40
(1) (a) 12. Ten percent of the moneys collected under s. 195.60 that are
8deposited in the general fund for costs of state government operations.
AB150-ASA1-AA4,11,314
26.20
(3) Locomotive inspector; powers. Any locomotive inspector designated
15by the department shall have the power to reject from service immediately any
16locomotive, donkey, traction, or portable engine which, in the opinion of the inspector,
17is deficient in adequate design, construction, or maintenance of the fire protective
18devices designated in sub. (2), and any such locomotive, donkey, traction, or portable
19engine so rejected from service shall not be returned to service until such defects have
20been remedied to the satisfaction of the locomotive inspector. In case of disagreement
21between the inspector and the owner of the locomotive, donkey, traction, or portable
22engine so rejected from service as to the efficiency or proper maintenance of said
23protective devices, then the owner of the locomotive, donkey, traction, or portable
24engine may appeal to the
office of the commissioner of railroads division of hearings
1and appeals in the department of administration for a decision of said matter, but
2pending such decision the locomotive, donkey, traction, or portable engine shall not
3be returned to service.
AB150-ASA1-AA4,11,115
26.20
(10) (title)
Appeal to office of the commissioner of railroads division
6of hearings and appeals. In case the department and any person operating any
7locomotive, donkey, or threshing engine, or any engine, boiler, or locomotive cannot
8agree as to the most practicable device or devices for preventing the escape of sparks,
9cinders, or fire from smokestacks, ash pans or fire boxes, then the same shall be
10determined by the
office of the commissioner of railroads division of hearings and
11appeals in the department of administration.".
AB150-ASA1-AA4,12,819
30.33
(1) Board to have powers of railroad corporation. Any municipality
20operating a public harbor through a board of harbor commissioners may, through
21such board, construct, maintain or operate railway facilities or a harbor belt line
22connecting various harbor facilities with one another or with other railroads within
23the municipality or its vicinity. The board of harbor commissioners is granted all the
24rights, powers and privileges conferred upon railroad corporations by s. 190.02,
1except such rights, powers and privileges as are conferred upon railroad corporations
2by s. 190.02 (9). Such facilities or belt line may be constructed, maintained or
3operated partly outside the corporate limits of the municipality. In constructing,
4maintaining or operating such facilities or belt line, the board of harbor
5commissioners has the powers and privileges of railroad corporations and shall be
6subject to the same restrictions as railroad corporations and to the supervision of the
7office of the commissioner of railroads department of transportation, except as to the
8system of accounting and the payment of wages to employes.
AB150-ASA1-AA4,12,2510
30.33
(2) Municipality may organize harbor railway corporation. Any
11municipality mentioned in sub. (1) may, with the consent of its board of harbor
12commissioners, organize a railroad corporation for the purpose of constructing,
13maintaining or operating a harbor belt line or may subscribe for stock in an existing
14railroad corporation organized for such purpose. If the municipality decides to
15organize a railroad corporation for such purpose, the governing body thereof may, by
16resolution, authorize the chief executive officer or presiding officer of such
17municipality to act, together with 4 citizens to be designated by the officer, as
18incorporators of such company. Such incorporators shall proceed to incorporate the
19railroad corporation in accordance with chs. 190 to 192, so far as applicable. Such
20harbor railroad corporation is subject to the supervisory and regulatory powers of the
21office of the commissioner of railroads department of transportation to the same
22extent as other railroad corporations. The municipality may subscribe to the stock
23of such harbor railroad corporation and may pay for such stock out of any funds it
24may lawfully have available for that purpose, including the proceeds of harbor
25improvement bonds.".
AB150-ASA1-AA4,13,1411
66.06
(2) Limitation. Nothing in ss. 66.06 to 66.078 shall be construed as
12depriving the
office of the commissioner of railroads, department of transportation
13or public service commission of any power conferred by ss.
195.05 and 197.01 to
14197.10 and ch. 196.".
AB150-ASA1-AA4,14,217
66.94
(30) (a)
Powers of board. The board shall, notwithstanding any law to
18the contrary, have exclusive authority and it shall be its duty to establish rates, fares
19and other charges, and to make all rules and regulations for the operation of the
20transportation system. The board shall also have the authority, subject to the
21jurisdiction of the department of transportation
or office of the commissioner of
22railroads as to the reasonableness and adequacy thereof, to determine and make
23effective standards of service, and to establish, change, extend, shorten or abandon
24routings all in accordance with the statutes in such cases made and provided subject
1to the provisions of any ordinance of any municipality granting rights to the
2authority.".
AB150-ASA1-AA4,15,11
1084.05 Railroad crossing improvements. On a highway which the
11department has authority to construct and which crosses a railroad, if the
12department determines that the construction or reconstruction of a grade separation
13or the rearrangement or elimination of a grade crossing or other rearrangement of
14the highway or tracks is necessary in the interest of public safety or for convenience
15of public travel, the department shall make a plan of the construction proposed and
16an estimate of the cost thereof, including the cost of needed right-of-way; and shall
17endeavor to make an arrangement with all persons concerned as to all matters
18involved in the plan, including the portion of the cost of the contemplated work which
19the persons shall defray. If the department is unable to contract with the persons
20concerned as to the distribution and payment of the cost of the work or the
21maintenance thereof, the department shall
lay the matter before the office of the
22commissioner of railroads, and the office of the commissioner of railroads shall
23review the proceedings and hold a hearing thereon in accordance with ss. 195.28 and
24195.29, and shall fix the portion of the cost of the construction and of the maintenance
1which is to be paid by the persons or corporations concerned, and the portion of the
2cost, if any, to be paid by the public, which portion shall be paid from the
3transportation fund
, and issue an appropriate order. The
office of the commissioner
4of railroads department shall determine the benefits, if any, which will inure to other
5highways, and apportion and charge to the units of government responsible for the
6construction of such other highways a fair portion of the cost.
The department shall
7promulgate a rule establishing criteria with respect to the allocation of costs under
8this section. A person who is aggrieved by an order of the department under this
9section may, within 20 days after the date that the order is issued, request review of
10the order by the division of hearings and appeals. The division of hearings and
11appeals shall review the order in the manner provided in s. 195.325.".
AB150-ASA1-AA4,15,2214
85.013
(3) The division of hearings and appeals shall, in conducting any
15hearing or review for the department under s. 227.43 (1) (bk), give due weight to the
16experience, technical competence and specialized knowledge of the department as
17well as discretionary authority conferred upon the department, and great weight to
18the department's interpretation of the statutes that it administers and rules
19promulgated under those statutes. If there is a conflict between this subsection and
20any other statute relating to any hearing or review conducted by the division of
21hearings and appeals for the department under s. 227.43 (1) (bk), the provisions of
22this subsection control.".
AB150-ASA1-AA4,16,6
186.12
(2) If a railroad company fails to comply with the resolution in sub. (1)
2within 30 days after service of the resolution, the county board, common council,
3village board or town board may file a complaint with the
office department alleging
4the failure. The
office department shall investigate and determine the matter in
5controversy
as provided in ch. 195. An order issued by the office under this
6subsection has the same effect as an order in a proceeding brought under ch. 195.
AB150-ASA1-AA4,16,158
86.13
(3) If any railroad company fails to grade, construct, pave, surface or
9otherwise improve or maintain in good and safe condition for public travel as
10required by this section any street or highway crossing after having been notified so
11to do by the officer in charge thereof or of the highway improvement for 30 days after
12such notification, the highway authorities may file a complaint with the
office 13department. The
office department shall investigate and determine the matter in
14controversy
as provided in ch. 195. An order issued by the office under this
15subsection has the same effect as an order in a proceeding brought under ch. 195.".
AB150-ASA1-AA4,17,718
88.66
(2) Every district whose drains cross the right-of-way of a railway
19company is liable to such company for the reasonable cost of opening its right-of-way
20and also for the cost of the culverts and bridges made necessary by such drain. The
21drainage board shall include such costs in its cost of construction, as set forth in its
22report of benefits and damages, and shall award them as damages to the railway
23company. The bridge or culvert shall be designed by the district's engineer and the
24design submitted to the railway company for approval. If a dispute arises as to the
1adequacy of the design, either party may submit the dispute to the
office of the
2commissioner of railroads division of hearing and appeals in the department of
3administration by filing with the
office division of hearings and appeals a statement
4as to the facts involved and the nature of the dispute. The
office division of hearings
5and appeals shall
investigate and determine the matter in controversy
in accordance
6with ch. 195, and any order it makes in such proceeding has the same effect as an
7order in any other proceeding properly brought under ch. 195.".
AB150-ASA1-AA4,17,1610
88.87
(4) If a railway company fails to comply with sub. (2), any person
11aggrieved thereby may file a complaint with the
office of the commissioner of
12railroads division of hearing and appeals in the department of administration 13setting forth the facts. The
office division of hearings and appeals shall
investigate
14and determine the matter in controversy
in accordance with ch. 195, and any order
15it makes in such proceeding has the same effect as an order in any other proceeding
16properly brought under ch. 195.
AB150-ASA1-AA4,17,2418
88.88
(2) If the railway company fails to comply with sub. (1), the person
19aggrieved thereby may file a complaint with the
office of the commissioner of
20railroads division of hearings and appeals in the department of administration 21setting forth the facts. The
office division of hearings and appeals shall
investigate
22and determine the matter in controversy
in accordance with ch. 195, and any order
23it makes in such proceeding has the same effect as an order in any other proceeding
24properly brought under ch. 195.".
AB150-ASA1-AA4,18,8
6150.10 Commission staff. The commission may employ staff. The staff shall
7include a staff director who shall be in the unclassified service.
The commission staff
8shall offer its services to the cost containment council.".
AB150-ASA1-AA4,18,1917
184.01
(1) "Commission" means the
office of the commissioner of railroads in
18the case of railroads and the public service commission
in the case of other public
19service corporations.
AB150-ASA1-AA4,19,1021
184.10
(3) Whenever the commission deems it necessary to make an
22investigation of the books, accounts and practices or to make an appraisal of the
23property of any public service corporation which has filed an application for
1authority to issue any securities to which this chapter is applicable, such public
2service corporation shall pay all expenses reasonably attributable to such special
3investigation, or to such an appraisal of the property. For the purpose of calculating
4investigative and appraisal expenses of the commission, 90% of the costs determined
5shall be costs of the commission and 10% of the costs determined shall be costs of
6state government operations. The procedure set up by s.
195.60 or 196.85
, whichever
7is appropriate, for the rendering and collection of bills shall be in all ways applicable
8to the rendering and collection of bills under this section. Ninety percent of the
9amounts paid to the
public service commission under authority of this subsection
10shall be credited to the appropriation account under s. 20.155 (1) (g).".
AB150-ASA1-AA4,19,1615
190.001
(2) "Division of hearings and appeals" means the division of hearings
16and appeals in the department of administration.".
AB150-ASA1-AA4,20,219
190.02
(6) Railroad intersections. To cross, intersect, join or unite its railroad
20with any other railroad, at any point, with the necessary turnouts, sidings and
21switches and other conveniences in furtherance of the objects of its connections. And
22if the 2 corporations cannot agree upon the amount of compensation to be made
23therefor or the points and manner of such crossings and connections the same shall
1be ascertained by the
office division of hearings and appeals on application of either
2corporation.
AB150-ASA1-AA4,21,64
190.02
(9) (c) Any railroad corporation organized to and which shall acquire,
5directly or by mesne conveyances, the property of another railroad corporation sold
6in judicial proceedings, or any railroad corporation reorganized under the federal
7bankruptcy act which corporation under a plan of reorganization as confirmed by the
8act, shall have been authorized to put into effect and carry out said plan, or any new
9railroad corporation which shall be organized for the like purpose, shall have all
10powers by law conferred upon railroad corporations, and may, at such times, in such
11amounts, for such considerations and upon such terms and conditions as the board
12of directors of said corporation shall determine, and as shall be authorized by the
13office secretary of state, or in the case of a railroad corporation organized for the
14purpose of acquiring a railroad engaged in interstate commerce, or any existing
15railroad corporation reorganized under the act and acquiring railroad property used
16in interstate commerce, by the interstate commerce commission, as the case may be,
17issue, sell, pledge or otherwise dispose of its evidences of debt, which may be
18convertible, at the option of the holder, into stock, and shares of stock, which shares
19may have such nominal or par value or if the same be common stock, be without
20nominal or par value, and may be of such classes, with such rights and voting powers
21as may be expressed in its articles or any amendment thereto. In the case of a
22railroad corporation reorganized as aforesaid, the filing with the secretary of state
23of a certified copy of the plan of reorganization as confirmed by the federal
24bankruptcy act, if it shall so elect, shall accomplish and evidence the amendment of
25its charter or articles of incorporation without the necessity for any other or further
1action, corporate or otherwise, with respect thereto. Such reorganized railroad
2corporation shall thereupon have all powers necessary to put into effect and carry out
3such plan of reorganization in all respects but such filing of the plan of reorganization
4shall not preclude such existing corporation from amending its charter or articles in
5the manner now provided by law. The fees for filing such copy of plan of
6reorganization shall be the same as prescribed in s. 190.01 (3).
AB150-ASA1-AA4,21,22
8190.03 Office in state; books produced. Any railroad corporation existing
9under the laws of this state shall produce before the
office of the commissioner of
10railroads secretary of state, the legislature, or any committee of either house, or any
11court of record, its books of account and stock books, or so many and such parts
12thereof as may be required by them, or in the discretion of the
office of the
13commissioner of railroads secretary of state, legislature, committee or court,
14transcripts from such books, or such parts thereof as may be called for, duly
15authenticated; and each such railroad corporation shall designate some office within
16this state as its principal office and inform the
office of the commissioner of railroads 17secretary of state of such designation, and shall keep there or at the office of its
18transfer agents or registrars a list of its stockholders, giving the names and
19addresses of its stockholders, together with a statement of the number and class of
20shares of its stock held by each of them, as shown by its books. A failure or refusal
21to comply with any of the foregoing provisions shall be cause of forfeiture of its
22franchises.
AB150-ASA1-AA4,22,8
24190.13 Report to stockholders. Every railroad corporation shall make an
25annual report to its stockholders of its operations for the preceding calendar year, or
1for its fiscal year, as the case may be, which report shall contain a balance sheet
2showing its assets and liabilities, its capital stock, and funded debt, and an income
3account showing its operating revenues, operating expenses, gross and net income,
4as the result of its traffic or business operations, and such other information in
5respect of its affairs as the board of directors shall deem advisable. A copy of each
6such report shall be kept on file in its principal office in this state, shall be mailed
7to each stockholder whose post-office address is known and shall be filed with the
8office of the commissioner of railroads secretary of state.
AB150-ASA1-AA4,22,1710
190.16
(4) (a) Every railroad shall acquire the necessary right-of-way for and
11shall construct, connect, maintain and operate a reasonably adequate spur track
12whenever such spur track does not necessarily exceed 3 miles in length, is practically
13indispensable to the successful operation of any existing or proposed industry or
14enterprise, and its construction and operation is not unusually dangerous, and is not
15unreasonably harmful to public interest, and any person aggrieved by the failure of
16any railroad to fully perform such obligation may prosecute proceedings before the
17office division of hearings and appeals to compel compliance therewith.
