AB150-ASA1-AA4,69,74
227.43
(1) (bk) Assign a hearing examiner to preside over any hearing or review
5under ss. 26.20 (3) and (10), 84.05, 88.66 (2), 88.87 (4), 88.88 (2), 190.02 (6), 190.16
6(4) and (5), 192.324, 192.34, 192.52, 192.56, 195.28 (1), 195.285 (1), 195.29 (10),
7195.295, 195.30 (1), 195.305, 195.31, 195.32, 195.325 and 195.60.
AB150-ASA1-AA4,69,119
227.43
(5) The department of transportation shall pay all costs of the services
10of a hearing examiner assigned under sub. (1) (bg)
or (bk) or assigned to the
11department under sub. (1) (br), according to the fee schedule under sub. (3) (b).
AB150-ASA1-AA4,70,513
227.46
(2m) In any hearing or review assigned to a hearing examiner under
14s. 227.43 (1) (bg)
or (bk), the hearing examiner presiding at the hearing shall prepare
15a proposed decision, including findings of fact, conclusions of law, order and opinion,
16in a form that may be adopted as the final decision in the case. The proposed decision
17shall be a part of the record and shall be served by the division of hearings and
18appeals in the department of administration on all parties. Each party adversely
19affected by the proposed decision shall be given an opportunity to file objections to
20the proposed decision within 15 days, briefly stating the reasons and authorities for
21each objection, and to argue with respect to them before the administrator of the
22division of hearings and appeals. The administrator of the division of hearings and
23appeals may direct whether such argument shall be written or oral. If the decision
24of the administrator of the division of hearings and appeals varies in any respect from
1the decision of the hearing examiner, the decision of the administrator of the division
2of hearings and appeals shall include an explanation of the basis for each variance.
3The decision of the administrator of the division of hearings and appeals is a final
4decision of the agency subject to judicial review under s. 227.52. The department of
5transportation may petition for judicial review.
AB150-ASA1-AA4,70,97
227.46
(3) (intro.) With respect to contested cases except a hearing or review
8assigned to a hearing examiner under s. 227.43 (1) (bg)
or (bk), an agency may by rule
9or in a particular case may by order:".
AB150-ASA1-AA4,71,221
346.45
(3) (d) A railroad grade crossing which is marked with a sign in
22accordance with s. 195.285 (3). Such signs shall be erected by the maintaining
1authority only upon order of the
office of the commissioner of railroads department
2or the division of hearings and appeals as set forth in s. 195.285.".
AB150-ASA1-AA4,71,136
560.31
(3) The At the commencement of each gubernatorial term of office, the 7secretary shall exercise his or her authority under s. 15.04 (1) (c) to create one or more
8committees to advise the department on issues related to the operation of the
9heritage tourism pilot program. The secretary shall create a sufficient number of
10committees, as determined by the secretary, to address each major type of heritage
11tourism that is the focus of the heritage tourism pilot program. The secretary shall
12appoint at least 2 members of each committee created under this subsection from a
13list of names submitted by the director of the historical society.".
AB150-ASA1-AA4,73,3
13945.06 Public utilities to cease service. When any public utility, common
14carrier, contract carrier, or railroad, subject to the jurisdiction of the public service
15commission
, office of the commissioner of railroads or department of transportation
16of this state, is notified in writing by a federal, state or local law enforcement agency,
17acting within its jurisdiction, that any facility furnished by it is being used or will be
18used for the purpose of transmitting or receiving gambling information in violation
19of the laws of this state it shall discontinue or refuse the leasing, furnishing or
20maintaining of such facility, after reasonable notice to the subscriber, but no
21damages, penalty or forfeiture, civil or criminal, shall be found against any such
22public utility, common carrier, contract carrier or railroad, for any act done in
23compliance with any notice received from a law enforcement agency under this
24section. Nothing in this section shall be deemed to prejudice the right of any person
1affected thereby to secure an appropriate determination as otherwise provided by
2law in any court or tribunal or agency, that such facility should not be discontinued
3or removed, or should be restored.".
AB150-ASA1-AA4,73,13
10"
(9at) Position authorizations. The authorized FTE positions for the
11department of administration are increased by 2.0 SEG positions, to be funded from
12the appropriation under section 20.505 (4) (qm) of the statutes, as affected by this act,
13for the purpose of administration of the Kickapoo valley reserve.".
AB150-ASA1-AA4,73,19
16"
(14g) Sentencing commission. The authorized FTE positions for the
17department of administration, funded from the appropriation under section 20.505
18(4) (dm) of the statutes, are increased by 5.0 GPR positions for services for the
19sentencing commission.
AB150-ASA1-AA4,73,23
20(14h) Privacy council and privacy advocate. The authorized FTE positions for
21the department of administration, funded from the appropriation under section
2220.505 (4) (fz) of the statutes, are increased by 2.0 GPR positions for the functions
23of the privacy advocate and the privacy council.".
AB150-ASA1-AA4,74,12
5"
(4ct) Position authorizations. To reverse the action of the joint committee on
6finance, the authorized FTE positions for the department of development are
7increased by 36.5 GPR positions, 35.5 GPR positions to be funded from the
8appropriation under section 20.143 (2) (a) of the statutes for the purpose of
9performing the functions related to tourism promotion, and 1.0 GPR position to be
10funded from the appropriation under section 20.143 (2) (bm) of the statutes, as
11affected by this act, for the purpose of performing the functions related to the
12heritage tourism pilot program.".
AB150-ASA1-AA4,74,20
19(1m) Abolishing the office of commissioner of railroads; transitional
20provisions.
AB150-ASA1-AA4,74,21
21(a) Definitions. In this subsection:
AB150-ASA1-AA4,74,22
221. "Department" means the department of transportation.
AB150-ASA1-AA4,74,24
232. "Division" means the division of hearings and appeals in the department of
24administration.
AB150-ASA1-AA4,75,1
13. "Office" means the office of the commissioner of railroads.
AB150-ASA1-AA4,75,3
2(b) Assets and liabilities. On the effective date of this paragraph, the assets
3and liabilities of the office shall become the assets and liabilities of the department.
AB150-ASA1-AA4,75,6
51. On the effective date of this subdivision, the position of the commissioner of
6railroads is abolished.
AB150-ASA1-AA4,75,9
72. On the effective date of this subdivision, 1.0 FTE SEG hearing examiner
8position and the incumbent employe holding that position in the office are
9transferred to the division.
AB150-ASA1-AA4,75,12
103. On the effective date of this subdivision, the following 4.0 FTE SEG positions
11and the incumbent employes, identified by the secretary of transportation, holding
12those positions in the office are transferred to the department:
AB150-ASA1-AA4,75,13
13a. One program assistant position.
AB150-ASA1-AA4,75,14
14b. Three regulation compliance investigator positions.
AB150-ASA1-AA4,75,20
154.
a. The employe transferred under subdivision 2. to the division has all of
16the rights and the same status under subchapter V of chapter 111 of the statutes and
17under chapter 230 of the statutes, as affected by this act, in the division that he or
18she enjoyed in the office immediately before the transfer. Notwithstanding section
19230.28 (4) of the statutes, the employe so transferred who has attained permanent
20status in class is not required to serve a probationary period.
AB150-ASA1-AA4,76,2
21b. Employes transferred under subdivision 3. to the department have all of
22the rights and the same status under subchapter V of chapter 111 of the statutes and
23under chapter 230 of the statutes, as affected by this act, in the department that they
24enjoyed in the office immediately before the transfer. Notwithstanding section
1230.28 (4) of the statutes, no employe so transferred who has attained permanent
2status in class is required to serve a probationary period.
AB150-ASA1-AA4,76,5
3c. On the effective date of this subdivision, the remaining FTE SEG positions
4of the office not transferred under subdivisions 2. and 3. or abolished under
5subdivision 1. are deauthorized.
AB150-ASA1-AA4,76,8
66. The commissioner of railroads shall, in addition to his or her other duties,
7assist the department in the orderly transfer of the functions of the office to the
8department and perform the duties specified in paragraphs (d), (e), (f) and (g).
AB150-ASA1-AA4,76,11
9(d) Tangible personal property. On the effective date of this paragraph, all
10tangible personal property, including records, of the office is transferred to the
11department.
AB150-ASA1-AA4,76,15
12(e) Contracts. All contracts entered into by the office in effect on the effective
13date of this paragraph remain in effect and are transferred to the department. The
14department shall carry out any such contractual obligations until modified or
15rescinded by the department to the extent allowed under the contract.
AB150-ASA1-AA4,76,16
16(f) Rules and orders.
AB150-ASA1-AA4,76,19
171. All rules promulgated by the office that are in effect on the effective date of
18this subdivision remain in effect until their specified expiration date or until
19amended or repealed by the department.
AB150-ASA1-AA4,76,22
202. All orders issued by the office that are in effect on the effective date of this
21subdivision remain in effect until their specified expiration date or until modified or
22rescinded by the department.
AB150-ASA1-AA4,77,2
23(g) Pending matters. Any matter pending with the office on the effective date
24of this paragraph is transferred to the department and all materials submitted to or
1actions taken by the office with respect to the pending matter are considered as
2having been submitted to or taken by the department.
AB150-ASA1-AA4,77,7
3(h) Department of administration to arbitrate disputes. In the case of
4disagreement between the secretary of transportation and the commissioner of
5railroads with respect to any matter specified in paragraph (d), (e), (f) or (g), the
6department of administration shall determine the matter and shall develop a plan
7for an orderly transfer.".
AB150-ASA1-AA4,77,14
9"
(1g) Railroad regulation. In the schedule under section 20.005 (3) of the
10statutes for the appropriation to the department of transportation under section
1120.395 (3) (iq) of the statutes, as affected by the acts of 1995, the dollar amount is
12increased by $170,700 for fiscal year 1996-97 to reflect the transfer of the regualtion
13of railroads from the office of the commissioner of railroads to the department of
14transportation.".
