AB150: Bill Text

AB150, s. 5042 Section 5042. 188.10 of the statutes is amended to read:

AB150,1681,8 188.10 Corporate powers of the Wisconsin Veterans Council. The Wisconsin Veterans Council shall have full corporate power to transact business in this state upon filing with the secretary of state department of revenue a full and complete list of its duly elected officers. The Wisconsin Veterans Council shall during each succeeding year of its existence file with the secretary of state department of revenue on or before the first day of January of each succeeding year thereafter a like list of its duly elected officers. No filing fees shall be charged by the secretary of state department of revenue for so doing.

AB150, s. 5043 Section 5043. 188.11 (1) of the statutes is amended to read:

AB150,1682,8 188.11 (1) Any post, county or district council, or department of the Veterans of Foreign Wars of the United States, organized in this state pursuant to an act of the seventy-fourth Congress of the United States, and the acts amendatory thereto, any unit or department of the Auxiliary of the Veterans of Foreign Wars of the United States in this state and any Pup-Tent or Grand Pup-Tent of the Military Order of the Cooties, their auxiliaries and affiliated organizations, or any department thereof, organized in this state, shall have full corporate power to transact business in this state and to take over the assets and liabilities of the existing posts, county or district councils, department of Wisconsin, their auxiliaries and affiliated organizations, or any department thereof, upon filing with the secretary of state department of revenue a statement of its intent, signed by commander and adjutant so to do, and a full and complete list of its duly elected officers, and shall by so doing become a body corporate. Provided, a duplicate of such statement and certificate of the secretary of state department of revenue, showing the date when such statement was filed by him the department of revenue, shall within 30 days of such filing be recorded by the register of deeds of the county in which such organization or its principal office is located, and until such recording no such organization shall have legal corporate existence. Notwithstanding such recording requirement any organization having acquired corporate existence prior to July 4, 1945, shall continue to have such corporate existence if it shall within 90 days after said date cause a duplicate or certified copy of its statement of intent and such certificate of the secretary of state department of revenue to be recorded with the register of deeds of the county where it or its principal office is located. No filing fee shall be charged by the secretary of state department of revenue for so doing.

AB150, s. 5044 Section 5044. 188.115 of the statutes is amended to read:

AB150,1683,3 188.115 Changing names and dissolving units of the Veterans of Foreign Wars of the United States and affiliates. Any post, county or district council, department or other unit of the Veterans of Foreign Wars of the United States, or of the auxiliaries of the Veterans of Foreign Wars of the United States, or any Pup-Tent or Grand Pup-Tent of the Military Order of the Cooties or of the auxiliaries of the Military Order of the Cooties, which has become a body corporate under s. 188.11, may, whenever its articles do not provide the manner in which its name shall be changed or of its dissolution, change its name or dissolve by the adoption of a written resolution to that effect, by a vote of the majority of its members present at a meeting called for that purpose and by filing the same as herein provided. Such resolution, with a certificate thereto affixed, signed by the commander and adjutant, or like or similar officers, stating the facts, including the date of adoption of such resolution, the number of members present at such meeting, and the number of members who voted for the adoption of the resolution, shall be forwarded to and filed with the secretary of state department of revenue, and thereupon, the name of such corporation shall be changed or the corporation shall cease to exist as the case may be, except that in case of dissolution, it shall continue to exist for the purpose of winding up its affairs. No fee shall be charged by the secretary of state department of revenue for such filing.

AB150, s. 5045 Section 5045. 188.12 (1) of the statutes is amended to read:

AB150,1683,12 188.12 (1) Any Grand Voiture or Voiture Locale of the La Societe des 40 Hommes et 8 Chevaux organized in this state pursuant to authority granted by La Societe Nationale des 40 Hommes et 8 Chevaux shall have full corporate power to transact business in this state and take over the assets and liabilities of the existing Voitures Locale and Grand Voiture of the state of Wisconsin, upon filing with the secretary of state department of revenue a statement of its intent so to do and a full and complete list of its duly elected officers. No filing fees shall be charged by the secretary of state department of revenue for so doing.

AB150, s. 5046 Section 5046. 188.13 (1) of the statutes is amended to read:

AB150,1683,25 188.13 (1) Any Red Arrow Club, composed exclusively of persons who were members of the 32nd Division at any time during World War I, members who served in the 32nd Division of the United States Army at any time in the period from October 10, 1940, to the termination of World War II as proclaimed by the President or the Congress, or members who served in the 32nd Division in Federal Service at any time in the period from October 15, 1961, to August 10, 1962, during the Berlin Crisis, organized in this state, shall have full corporate power to transact business in this state and to take over the assets and liabilities of the existing clubs in this state, upon filing with the secretary of state department of revenue a statement of its intent so to do, and a full and complete list of its duly elected officers, and shall by so doing become a body corporate. No filing fee shall be charged by the secretary of state department of revenue for so doing.

AB150, s. 5047 Section 5047. 188.14 of the statutes is amended to read:

AB150,1684,7 188.14 Corporate powers of the Military Order of the World Wars. Any chapter of the Military Order of the World Wars in this state shall have full corporate power to transact business in this state upon filing with the secretary of state department of revenue a full and complete list of its duly elected officers, and shall by so doing become a body corporate. No filing fees shall be charged by the secretary of state department of revenue for so doing.

AB150, s. 5048 Section 5048. 188.15 (1) of the statutes is amended to read:

AB150,1684,18 188.15 (1) Any detachment or state department of the Marine Corps League, organized and existing in this state pursuant to the acts of congress passed August 4, 1937, and the acts amendatory thereto, and any unit of the auxiliary of the Marine Corps League organized in this state and recognized by the local detachment, shall have full corporate power to transact business in this state, to take over the assets and liabilities of the existing detachments, units or departments, upon filing with the secretary of state department of revenue a statement of its intent so to do and a full and complete list of its duly elected officers, and shall by so doing become a body corporate. No filing fee shall be charged by the secretary of state department of revenue for so doing.

AB150, s. 5049 Section 5049. 188.16 (1) of the statutes is amended to read:

AB150,1685,5 188.16 (1) Any chapter, county or district council or department composed exclusively of persons who were awarded the medal known as the Purple Heart organized in this state pursuant to the constitution and bylaws of the national organization of the Military Order of the Purple Heart and any unit, county or district council or department of the auxiliary of the Military Order of the Purple Heart organized in this state shall have full corporate power to transact business in this state and to take over the assets and liabilities of the existing chapters, units, county or district councils, or departments upon filing with the secretary of state department of revenue a statement of its intent so to do and a full and complete list of its duly elected officers and thereupon it shall become a body corporate. No filing fee shall be charged by the secretary of state department of revenue for so doing.

AB150, s. 5050 Section 5050. 188.16 (4) of the statutes is amended to read:

AB150,1685,20 188.16 (4) Any chapter, county, district council, department or other unit of the Military Order of the Purple Heart or of the auxiliary of the Military Order of the Purple Heart which has become a body corporate under the provisions of this section may change its name or dissolve by the adoption of a written resolution to that effect, by a vote of a majority of its members present at a meeting called for that purpose and by filing the same as herein provided. Such resolution, with a certificate thereto affixed, signed by the commander and adjutant, or like or similar officers, stating the facts, including the date of the adoption of such resolution, the number of members present at such meeting, and the number of members who voted for the adoption of the resolution, shall be forwarded to and filed with the secretary of state department of revenue, and thereupon the name of such corporation shall be changed or the corporation shall cease to exist, as the case may be, except that in case of dissolution it shall continue to exist for the purpose of winding up its affairs. No fee shall be charged by the secretary of state department of revenue for such filing.

AB150, s. 5051 Section 5051. 188.17 (1) of the statutes is amended to read:

AB150,1686,4 188.17 (1) Any unit, department or auxiliary of the Navy Club of the United States of America organized in this state under 36 USC 140 to 140c shall have full corporate power to transact business in this state and to take over the assets and liabilities of existing navy clubs and navy club auxiliaries upon filing with the secretary of state department of revenue a statement of its intent so to do and a full and complete list of its duly elected officers and shall by so doing become a body corporate. No filing fee shall be charged by the secretary of state department of revenue for so doing.

AB150, s. 5052 Section 5052. 188.18 (1) of the statutes is amended to read:

AB150,1686,14 188.18 (1) The department of Wisconsin and any chapter or unit of the Reserve Officers Association of the United States, organized in this state pursuant to the constitution, bylaws and rules and regulations of such association or such department, shall have full corporate power to transact business in this state and to take over the assets and liabilities of the existing department, chapters or other units upon filing with the secretary of state department of revenue, a statement of its intention so to do, its name, location and a full and complete list of its duly elected officers, and by so doing shall become a body corporate. No filing fees shall be charged by the secretary of state department of revenue for so doing.

AB150, s. 5053 Section 5053. 188.18 (3) of the statutes is amended to read:

AB150,1686,23 188.18 (3) Any department, chapter or other unit which has become a body corporate under the provisions of this section, whenever its constitution or bylaws do not provide the manner in which its name shall be changed or the dissolution effected, may change its name or dissolve by a majority vote of its members at a meeting called for that purpose. A certificate signed by the president and secretary stating the facts shall be filed with the secretary of state department of revenue, and thereupon the name shall be changed or the corporation shall cease to exist except for the purpose of winding up its affairs. No filing fee shall be charged for such filing.

AB150, s. 5054 Section 5054. 188.19 (1) of the statutes is amended to read:

AB150,1687,10 188.19 (1) Any post, county, district council, and department of the American Veterans of World War II (AMVETS) organized in this state pursuant to the acts of congress passed July 23, 1947 and the acts amendatory thereto, and any unit, county or district council, and department of the auxiliary of the American Veterans of World War II (AMVETS) organized in this state, shall have full corporate power to transact business in this state and to take over the assets and liabilities of the existing posts, units, county or district councils, or departments upon filing with the secretary of state department of revenue a statement of its intent so to do, and a full and complete list of its duly elected officers, and shall by so doing become a body corporate. No filing fee shall be charged by the secretary of state department of revenue.

AB150, s. 5055 Section 5055. 188.20 of the statutes is amended to read:

AB150,1688,10 188.20 Changing names and dissolving units. Any post, county, district council, department or other unit of the American Veterans of World War II (AMVETS) or of the auxiliary of the American Veterans of World War II (AMVETS) which has become a body corporate under the provisions of s. 188.19 may change its name or dissolve by the adoption of a written resolution to that effect by a vote of a majority of its members present at a meeting called for that purpose and by filing the same as herein provided. Such resolution, with a certificate thereto affixed, signed by the commander and adjutant, or like or similar officers, stating the fact, including the date of the adoption of such resolution, the number of members present at such meeting, and the number of members who voted for the adoption of the resolution, shall be forwarded to and filed with the secretary of state department of revenue, and thereupon the name of such corporation shall be changed or the corporation shall cease to exist, as the case may be. Or any corporation formed under s. 188.19 may be dissolved by the filing of a certificate in the office of the secretary of state department of revenue reciting that such corporation has ceased to be a unit of the American Veterans of World War II (AMVETS) auxiliary. Such certificate shall be signed by the national commander and national adjutant of the American Veterans of World War II (AMVETS) or by the state commander and state adjutant of the American Veterans of World War II (AMVETS) department of Wisconsin. In the case of units of the auxiliary the certificates shall be signed by the national president and national secretary or the department president and department secretary. Corporations dissolved under this section shall continue to have corporate existence for the time and purposes specified in s. 181.65. No fee shall be charged by the secretary of state department of revenue for such filing.

AB150, s. 5056 Section 5056. 188.21 (1) of the statutes is amended to read:

AB150,1688,22 188.21 (1) The department of Wisconsin and any post, unit, barracks, department or auxiliary of the American Veterans of World War I of the U.S.A., Inc. organized in this state pursuant to the acts of congress passed July 18, 1958 (P.L. 85-530) (72 Stats. at Large pp. 370-375) and the acts amendatory thereto, shall have full corporate power to transact business in this state and to take over the assets and liabilities of the existing department of Wisconsin, posts, barracks, units, departments or auxiliaries of the Veterans of World War I of the U.S.A., Inc. upon filing with the secretary of state department of revenue a statement of its intent so to do, and a full and complete list of its duly elected officers, and shall by so doing become a body corporate. No filing fee shall be charged by the secretary of state department of revenue.

AB150, s. 5057 Section 5057. 188.22 (1) of the statutes is amended to read:

AB150,1689,7 188.22 (1) Any post, county or district council or department of the Jewish War Veterans organized in this state pursuant to the constitution, bylaws and rules and regulations of said organization shall have full corporate powers to transact business in this state and to take over the assets and liabilities of the existing posts, units, county or district councils or departments upon filing with the secretary of state department of revenue a statement of its intent to do so and a full and complete list of its duly elected officers. By so doing such organization shall become a body corporate. No filing fee shall be charged by the secretary of state department of revenue.

AB150, s. 5058 Section 5058. 188.23 (1) of the statutes is amended to read:

AB150,1689,18 188.23 (1) Any post, county or district council or department of the Polish Legion of American Veterans (P.L.A.V.) organized in this state pursuant to the constitution, bylaws and rules and regulations of said organization, and any unit, county or district council or department of the auxiliary of the Polish Legion of American Veterans, shall have full corporate powers to transact business in this state and to take over the assets and liabilities of the existing posts, units, county or district councils or departments upon filing with the secretary of state department of revenue a statement of its intent to do so and a full and complete list of its duly elected officers. By so doing such organization shall become a body corporate. No filing fee shall be charged by the secretary of state department of revenue.

AB150, s. 5059 Section 5059. 188.235 (1) of the statutes is amended to read:

AB150,1690,3 188.235 (1) Any post, county or district council or department of the Army and Navy Union of the U.S.A. organized in this state pursuant to the constitution, bylaws and rules and regulations of said organization shall have full corporate powers to transact business in this state and to take over the assets and liabilities of the existing posts, units, county or district councils or departments upon filing with the secretary of state department of revenue a statement of its intent to do so and a full and complete list of its duly elected officers. By so doing such organization shall become a body corporate. No filing fee shall be charged by the secretary of state department of revenue.

AB150, s. 5060 Section 5060. 188.24 (1) of the statutes is amended to read:

AB150,1690,13 188.24 (1) Any post, county or district council or department of the Catholic War Veterans organized in this state pursuant to the constitution, bylaws and rules and regulations of said organization shall have full corporate powers to transact business in this state and to take over the assets and liabilities of the existing posts, units, county or district councils or departments upon filing with the secretary of state department of revenue a statement of its intent to do so and a full and complete list of its duly elected officers. By so doing such organization shall become a body corporate. No filing fee shall be charged by the secretary of state department of revenue.

AB150, s. 5061 Section 5061. 188.25 of the statutes is amended to read:

AB150,1690,24 188.25 Annual reports of veterans' organizations. The state organization of any veterans' society or society affiliate which has a unit incorporated under this chapter shall file with the secretary of state department of revenue on or before January 1 an annual report showing the elected officers of the state organization. No filing fee shall be charged. The secretary of any such state organization shall on request furnish the secretary of state department of revenue information about subordinate units. If any veterans' society or society affiliate has no state organization each unit incorporated under this chapter shall file an annual report of the elected officers with the secretary of state department of revenue on or before January 1.

AB150, s. 5062 Section 5062. 188.26 of the statutes is amended to read:

AB150,1691,11 188.26 Veterans; corporations. Whenever any corporation is formed under ch. 180 or 181 or this chapter for the purpose of assisting any veteran, as defined in s. 45.37 (1a), or operating social clubs in which the name "veteran" appears, the secretary of state department of revenue shall investigate the same to ascertain the character thereof, and whether or not the same has been procured by fraudulent representation or concealment of any material fact relating to such veteran's name, purpose, membership, organization, management or control or other material fact. If the secretary of state department of revenue so finds, such findings, misrepresentation or concealment shall be reported to the attorney general, and the attorney general thereupon shall as provided in s. 776.35 bring an action to vacate or annul the corporate charter.

AB150, s. 5063 Section 5063. Chapter 189 of the statutes is repealed.

AB150, s. 5064 Section 5064. 190.001 (1) of the statutes is repealed.

AB150, s. 5065 Section 5065. 190.001 (2) of the statutes is created to read:

AB150,1691,16 190.001 (2) "Division of hearings and appeals" means the division of hearings and appeals in the department of administration.

AB150, s. 5066 Section 5066. 190.01 (2) of the statutes is amended to read:

AB150,1692,4 190.01 (2) The articles of incorporation and amendments thereto shall be filed with the secretary of state department of revenue; in the case of articles, the secretary of state department of revenue shall thereupon issue a certificate of incorporation and the corporation then has legal existence. The articles of incorporation or special charter of any railroad company may be amended by a majority vote of all the stock in the respects and for the purposes provided in s. 180.1001. The fees for filing articles and amendments thereto are as provided in s. 180.0122 (1) (a) and (m) except that the fees for filing an amendment which authorizes the issuance of redeemable preference shares for sale to the U.S. secretary of transportation under sections 505 and 506 of P.L. 94-210 is $15 for the amendment and an additional sum equal to $1 for each $100,000 or fraction thereof of par value redeemable preference shares authorized by the amendment.

AB150, s. 5067 Section 5067. 190.01 (4) of the statutes is amended to read:

AB150,1692,10 190.01 (4) A railroad that is incorporated in another state is not required to form a corporation in this state, but any railroad first transacting business in this state after January 1, 1994, is required to obtain a certificate of authority from the secretary of state department of revenue in the manner required of foreign corporations before the railroad transacts business in this state.

AB150, s. 5068 Section 5068. 190.02 (6) of the statutes is amended to read:

AB150,1692,18 190.02 (6) Railroad intersections. To cross, intersect, join or unite its railroad with any other railroad, at any point, with the necessary turnouts, sidings and switches and other conveniences in furtherance of the objects of its connections. And if the 2 corporations cannot agree upon the amount of compensation to be made therefor or the points and manner of such crossings and connections the same shall be ascertained by the office division of hearings and appeals on application of either corporation.

AB150, s. 5069 Section 5069. 190.02 (9) (c) of the statutes is amended to read:

AB150,1693,23 190.02 (9) (c) Any railroad corporation organized to and which shall acquire, directly or by mesne conveyances, the property of another railroad corporation sold in judicial proceedings, or any railroad corporation reorganized under the federal bankruptcy act which corporation under a plan of reorganization as confirmed by the act, shall have been authorized to put into effect and carry out said plan, or any new railroad corporation which shall be organized for the like purpose, shall have all powers by law conferred upon railroad corporations, and may, at such times, in such amounts, for such considerations and upon such terms and conditions as the board of directors of said corporation shall determine, and as shall be authorized by the office department of revenue, or in the case of a railroad corporation organized for the purpose of acquiring a railroad engaged in interstate commerce, or any existing railroad corporation reorganized under the act and acquiring railroad property used in interstate commerce, by the interstate commerce commission, as the case may be, issue, sell, pledge or otherwise dispose of its evidences of debt, which may be convertible, at the option of the holder, into stock, and shares of stock, which shares may have such nominal or par value or if the same be common stock, be without nominal or par value, and may be of such classes, with such rights and voting powers as may be expressed in its articles or any amendment thereto. In the case of a railroad corporation reorganized as aforesaid, the filing with the secretary of state department of revenue of a certified copy of the plan of reorganization as confirmed by the federal bankruptcy act, if it shall so elect, shall accomplish and evidence the amendment of its charter or articles of incorporation without the necessity for any other or further action, corporate or otherwise, with respect thereto. Such reorganized railroad corporation shall thereupon have all powers necessary to put into effect and carry out such plan of reorganization in all respects but such filing of the plan of reorganization shall not preclude such existing corporation from amending its charter or articles in the manner now provided by law. The fees for filing such copy of plan of reorganization shall be the same as prescribed in s. 190.01 (3).

****Note: This is reconciled s. 190.02 (9) (c). This Section has been affected by drafts with the following LRB numbers: LRB-2136 and LRB-2285.

AB150, s. 5070 Section 5070. 190.03 of the statutes is amended to read:

AB150,1694,16 190.03 Office in state; books produced. Any railroad corporation existing under the laws of this state shall produce before the office of the commissioner of railroads department of revenue, the legislature, or any committee of either house, or any court of record, its books of account and stock books, or so many and such parts thereof as may be required by them, or in the discretion of the office of the commissioner of railroads department of revenue, legislature, committee or court, transcripts from such books, or such parts thereof as may be called for, duly authenticated; and each such railroad corporation shall designate some office within this state as its principal office and inform the office of the commissioner of railroads department of revenue of such designation, and shall keep there or at the office of its transfer agents or registrars a list of its stockholders, giving the names and addresses of its stockholders, together with a statement of the number and class of shares of its stock held by each of them, as shown by its books. A failure or refusal to comply with any of the foregoing provisions shall be cause of forfeiture of its franchises.

****Note: This is reconciled s. 190.03. This Section has been affected by drafts with the following LRB numbers: LRB-2136 and LRB-2285.

AB150, s. 5071 Section 5071. 190.051 (1) of the statutes is amended to read:

AB150,1695,7 190.051 (1) Any railroad corporation may extend its road from any point named in its charter or articles of organization, or may build branch roads from any point on its line or from any point on the line of any other road connected or to be connected with its road, the use of which other road between such points and the connection with its own road such corporation shall have secured for a term of not less than ten years. Before making such extension or building any such branch road such corporation shall, by resolution of its directors, to be entered in the record of its proceedings, designate the route of such proposed extension or branch, and file, for record, a copy of such record, certified by the president and secretary, in the office of the secretary of state with the department of revenue. Thereupon such corporation shall have all the rights and privileges to make such extension or build such branch and receive aid thereto which it would have had if it had been authorized in its charter or articles of organization.

AB150, s. 5072 Section 5072. 190.06 (1) of the statutes is amended to read:

AB150,1695,21 190.06 (1) Any railroad corporation existing under the laws of this state, or by consolidation under said laws and the laws of other states, may consolidate with any other railroad corporation, and possess all of the powers, franchises and immunities, and be subject to all the liabilities and restrictions of railroad corporations generally, and such, in addition, as the combining corporations peculiarly possessed or were subject to at the time of consolidation. Articles of consolidation shall be approved by each corporation, by a vote of a majority of the stock at an annual meeting or at a special meeting called for that purpose or by the consent in writing of the holders of a majority of the stock annexed to such articles; and such articles, with a copy of the records of such approval or such consent and accompanied by lists of the stockholders and the number of shares held by each, duly certified by their respective presidents and secretaries, shall be filed for record in the office of the secretary of state with the department of revenue before any such consolidation shall have validity or effect.

AB150, s. 5073 Section 5073. 190.11 (1) of the statutes is amended to read:

AB150,1696,3 190.11 (1) Every conveyance or lease, deed of trust, mortgage or satisfaction thereof made by any railroad corporation shall be executed and acknowledged in the manner in which conveyances of real estate by corporations are required to be to entitle the same to be recorded, and shall be filed in the office of the secretary of state, who with the department of revenue, which shall endorse thereon "filed" and the date of filing.

AB150, s. 5074 Section 5074. 190.11 (3) of the statutes is amended to read:

AB150,1696,6 190.11 (3) The secretary of state department of revenue shall collect a fee of $1 per page filed under sub. (1).

AB150, s. 5075 Section 5075. 190.11 (4) of the statutes is amended to read:

AB150,1696,13 190.11 (4) The secretary of state department of revenue shall collect a fee at the rate under s. 77.22 and, on or before the 15th day of the month after the fee is collected, shall remit that fee to the department of administration for deposit in the general fund and transmit a copy of the return associated with that return to the department of revenue. Sections 77.21, 77.22 and 77.25 to 77.27 apply to the fee under this subsection.

AB150, s. 5076 Section 5076. 190.13 of the statutes is amended to read:

AB150,1696,24 190.13 Report to stockholders. Every railroad corporation shall make an annual report to its stockholders of its operations for the preceding calendar year, or for its fiscal year, as the case may be, which report shall contain a balance sheet showing its assets and liabilities, its capital stock, and funded debt, and an income account showing its operating revenues, operating expenses, gross and net income, as the result of its traffic or business operations, and such other information in respect of its affairs as the board of directors shall deem advisable. A copy of each such report shall be kept on file in its principal office in this state, shall be mailed to each stockholder whose post-office address is known and shall be filed with the office of the commissioner of railroads department of revenue.

****Note: This is reconciled s. 190.13. This Section has been affected by drafts with the following LRB numbers: LRB-2136 and LRB-2285.

AB150, s. 5077 Section 5077. 190.16 (4) (a) of the statutes is amended to read:

AB150,1697,9 190.16 (4) (a) Every railroad shall acquire the necessary right-of-way for and shall construct, connect, maintain and operate a reasonably adequate spur track whenever such spur track does not necessarily exceed 3 miles in length, is practically indispensable to the successful operation of any existing or proposed industry or enterprise, and its construction and operation is not unusually dangerous, and is not unreasonably harmful to public interest, and any person aggrieved by the failure of any railroad to fully perform such obligation may prosecute proceedings before the office division of hearings and appeals to compel compliance therewith.

AB150, s. 5078 Section 5078. 190.16 (4) (b) of the statutes is amended to read:

AB150,1698,3 190.16 (4) (b) Such railroad may require the person primarily to be served thereby to pay the legitimate cost and expense of acquiring the necessary right-of-way for such spur track, and of constructing the same, the cost to be estimated in separate items by the office division of hearings and appeals, and deposited with the railroad, before it shall be required to incur any expense whatever therefor; but such person, in lieu of depositing the total estimated cost may offer in writing to construct such spur track, the offer to be accompanied by a surety company bond, running to such railroad, and conditioned upon the construction of such spur track in a good and workmanlike manner, according to the plans and specifications of such railroad, approved by the office division of hearings and appeals, and deposit with such railroad the estimated cost of the necessary right-of-way. Provided that before the railroad shall be required to incur any expense whatever in the construction of such spur track, the person primarily to be served thereby shall give the railroad a bond to be approved by the office division of hearings and appeals as to form, amount and surety, securing the railroad against loss on account of any expense incurred beyond the estimated cost.

AB150, s. 5079 Section 5079. 190.16 (4) (c) of the statutes is amended to read:

AB150,1698,10 190.16 (4) (c) Whenever a spur track is so constructed at the expense of the owner of any industry or enterprise, and any other person shall desire a connection with such spur track, application therefor shall be made to the office division of hearings and appeals, and such other person shall be required to pay to such owner an equitable proportion of the cost thereof, to be determined by the office divisions of hearings and appeals.

AB150, s. 5080 Section 5080. 190.16 (5) of the statutes is amended to read:

AB150,1698,20 190.16 (5) Removal, when. Except where a spur track was constructed prior to June 16, 1925, at the expense of the railroad company, no spur track shall be removed, dismantled or otherwise rendered unfit for service except upon order of the office division of hearings and appeals made after hearing held upon notice to all parties interested, and for good cause shown; provided that if no objection has been filed with the office division of hearings and appeals within 20 days from the original publication of such notice, the office division of hearings and appeals may without hearing authorize such spur track removed, dismantled or otherwise rendered unfit for service.

AB150, s. 5081 Section 5081. 191.001 (1) of the statutes is repealed and recreated to read:

AB150,1698,22 191.001 (1) "Department" means the department of transportation.

AB150, s. 5082 Section 5082. 191.01 (2) of the statutes is amended to read:

AB150,1699,4 191.01 (2) (title) Construction, certificate from office department prerequisite. No railroad corporation shall begin the construction of any proposed line of railroad in this state until it shall have obtained from the office department a certificate that public convenience and a necessity require authorizing the construction of the railroad, and the certificate shall constitute the license from this state to the company to build its proposed railroad.

AB150, s. 5083 Section 5083. 191.03 of the statutes is amended to read:

AB150,1699,11 191.03 Articles; publication prerequisite to certificate. No railroad corporation shall make application for a certificate authorizing construction of a railroad unless it has caused a copy of its corporate articles to be published as a class 2 notice, under ch. 985, in each county in which the railroad is proposed to be located within 6 months next prior to the time of making such application, and files satisfactory proof thereof with the office department.

AB150, s. 5084 Section 5084. 191.05 of the statutes is amended to read:

AB150,1699,17 191.05 Maps and profiles with application; changes. Complete maps and profiles of the proposed railroad shall be filed with the application for a certificate of convenience and necessity authorizing construction. The office department may permit errors, omissions or defects in the application, maps and profiles to be supplied or corrected, and permit changes in the proposed route to be made.

AB150, s. 5085 Section 5085. 191.07 of the statutes is amended to read:

AB150,1700,2 191.07 Hearing of applicants; notice. Upon receiving such application the office shall department may set a time and place for a hearing, which time shall not be less than 3 weeks nor more than 8 weeks from the date of filing the application, and the place shall be at the city of Madison, or at some place along the line of the proposed railroad, if the office department deems the latter more convenient, and. If the department sets a hearing, the department shall give to the applicant notice thereof, which notice shall be published by the applicant, as a class 2 notice, under ch. 985, in each county in which the railroad, extension or branch is proposed to be located, and proof of such publication shall be filed with the office department.