SB44: Bill Text

SB44,877,17 192.56 (6) At a station where no agency service is provided, the application to the office division of hearings and appeals for such authorizing order shall set forth the facts showing the necessity for such action by the railroad company. Notice of proposed removal or abandonment shall be given by the office division of hearings and appeals by posting notice in 5 conspicuous places in the town or village concerned; and if within 20 days after the posting of notice no objections in writing are filed with the office division of hearings and appeals by persons directly affected, an order authorizing the abandonment of the station may be issued by the office division of hearings and appeals. If such objections to the granting of the order are filed with the office division of hearings and appeals, the office division of hearings and appeals shall proceed to hold a hearing in the matter as provided in subs. (4) and (5).

SB44, s. 2204 Section 2204. 194.51 of the statutes is amended to read:

SB44,878,6 194.51 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 department secretary of administration to issue a warrant on the state treasurer for pay out of the transportation fund the amount of such tax so adjudged to have been wrongfully collected, and the treasurer shall pay the same out of the transportation fund. 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.

SB44, s. 2205 Section 2205. 195.001 (1r) of the statutes is created to read:

SB44,878,9 195.001 (1r) "Division of hearings and appeals" means the division of hearings and appeals in the department of administration.

SB44, s. 2206 Section 2206. 195.001 (2) of the statutes is repealed.

SB44, s. 2207 Section 2207. 195.001 (3) of the statutes is created to read:

SB44,878,12 195.001 (3) "Secretary" means the secretary of transportation.

SB44, s. 2208 Section 2208. 195.03 (title) of the statutes is amended to read:

SB44,878,15 195.03 (title) Office Department; powers and duties, general enumeration.

SB44, s. 2209 Section 2209. 195.03 (1) of the statutes is amended to read:

SB44,878,19 195.03 (1) Practice rules. The office department may take testimony and administer oaths and may promulgate rules to govern its proceedings and to regulate the mode and manner of all hearings. All hearings shall be open to the public.

SB44, s. 2210 Section 2210. 195.03 (2) of the statutes is amended to read:

SB44,878,23 195.03 (2) Office Department initiative. In any matter within its jurisdiction under ch. 192 or this chapter, the office department may initiate, investigate and order a hearing at its discretion upon such notice as it considers proper.

SB44, s. 2211 Section 2211. 195.03 (7) of the statutes is amended to read:

SB44,879,5 195.03 (7) Study carrier business, demand information. The office department may inquire into the management of the business of all railroads, and shall keep itself informed as to the manner in which the same is conducted, and may obtain from any railroad all necessary information to enable the office department to perform the duties and carry out the objects for which it is responsible.

SB44, s. 2212 Section 2212. 195.03 (8) of the statutes is amended to read:

SB44,879,14 195.03 (8) Questionnaires, answers compulsory. The office department shall prepare forms for the purpose of obtaining the information which it may deem necessary or useful to the proper exercise of its functions, which shall conform as nearly as practicable to the forms prescribed by the interstate commerce commission federal surface transportation board, and shall furnish the forms to railroads, and every railroad receiving the forms shall cause the forms to be properly completed and verified under oath by its proper officer and returned to the office department within the time fixed by the office department.

SB44, s. 2213 Section 2213. 195.03 (9) of the statutes is amended to read:

SB44,879,22 195.03 (9) Examine books and files of carriers. The commissioner of railroads secretary or any person employed by the office department for that purpose shall, upon demand, have the right to inspect the books and papers of any railroad and to examine under oath any officer, agent or employee of such railroad in relation to its business and affairs; provided that any person other that than the commissioner of railroads secretary who makes such demand shall produce his or her authority under the hand and seal of the office secretary.

SB44, s. 2214 Section 2214. 195.03 (10) of the statutes is amended to read:

SB44,880,4 195.03 (10) Production of records and files kept out of state. The office department may, by an order or subpoena to be served in the manner that a circuit court summons is served, require the production within this state, at such time and place as it may designate, of any books, papers or accounts kept by any railroad without the state, or verified copies in lieu thereof, if the office department shall so order.

SB44, s. 2215 Section 2215. 195.03 (11) of the statutes is amended to read:

SB44,880,11 195.03 (11) Uniform system of accounting. The office department may prescribe a uniform system of keeping and rendering accounts of all railroad business transacted in this state, and the time within which railroads shall adopt such system; provided that all forms of accounts which may be prescribed by the office department shall conform as nearly as practicable to similar forms prescribed by federal authority.

SB44, s. 2216 Section 2216. 195.03 (12) of the statutes is repealed.

SB44, s. 2217 Section 2217. 195.03 (13) of the statutes is repealed.

SB44, s. 2218 Section 2218. 195.03 (14) of the statutes is repealed.

SB44, s. 2219 Section 2219. 195.03 (15) of the statutes is repealed.

SB44, s. 2220 Section 2220. 195.03 (16) of the statutes is repealed.

SB44, s. 2221 Section 2221. 195.03 (17) of the statutes is amended to read:

SB44,880,21 195.03 (17) Private tracks. The office department shall have control of private railroad tracks insofar as the same are used by common carriers for the transportation of freight, in all respects the same as though such tracks were part of a public railroad.

SB44, s. 2222 Section 2222. 195.03 (18) of the statutes is amended to read:

SB44,880,25 195.03 (18) Safety devices. The office department may make reasonable rules, regulations, specifications and standards for the installation, operation and maintenance of all safety devices and measures.

SB44, s. 2223 Section 2223. 195.03 (19) of the statutes is amended to read:

SB44,881,3 195.03 (19) Railroad structures. The office department may order the repair or reconstruction of any inadequate or unsafe railroad track or structure.

SB44, s. 2224 Section 2224. 195.03 (25) of the statutes is amended to read:

SB44,881,7 195.03 (25) Distribution of orders. The office department shall upon application furnish certified copies, under its seal, of any order made by it, which shall be prima facie evidence of the facts stated therein.

SB44, s. 2225 Section 2225. 195.03 (28) of the statutes is amended to read:

SB44,881,11 195.03 (28) Legal Actions. The office may sue and be sued in that name, and department may confer with or participate in any proceedings before any regulatory agency of any other state or of the federal government.

SB44, s. 2226 Section 2226. 195.03 (29) of the statutes is amended to read:

SB44,881,17 195.03 (29) Train privileges. The employees authorized by the office department to perform railroad inspection duties may, in the performance of such duties, ride in and upon any engine, car or train of any class, of any railroad, upon payment of the lawful passenger fare, but such railroad shall not thereby be deemed to become a common carrier of passengers other than on passenger cars.

SB44, s. 2227 Section 2227. 195.03 (30) (a) of the statutes is amended to read:

SB44,881,21 195.03 (30) (a) The office department shall give testimony at the hearing under s. 350.138 (4) (b), or shall submit a written report for introduction into the hearing record, on the factors stated in s. 350.138 (4) (d) 1., 2., 3., and 4.

SB44, s. 2228 Section 2228. 195.03 (30) (b) of the statutes is amended to read:

SB44,882,2 195.03 (30) (b) The office department shall give the department of natural resources the office's department's opinion on whether the snowmobile crossing should be closed or removed in testimony at the hearing under s. 350.1395 (2) (b) 2. or in a written report for introduction into the hearing record.

SB44, s. 2229 Section 2229. 195.04 of the statutes is repealed.

SB44, s. 2230 Section 2230. 195.041 of the statutes is repealed.

SB44, s. 2231 Section 2231. 195.042 of the statutes is repealed.

SB44, s. 2232 Section 2232. 195.043 of the statutes is repealed.

SB44, s. 2233 Section 2233. 195.044 of the statutes is repealed.

SB44, s. 2234 Section 2234. 195.045 of the statutes is repealed.

SB44, s. 2235 Section 2235. 195.046 of the statutes is repealed.

SB44, s. 2236 Section 2236. 195.047 of the statutes is repealed.

SB44, s. 2237 Section 2237. 195.05 of the statutes is repealed.

SB44, s. 2238 Section 2238. 195.055 of the statutes is amended to read:

SB44,882,14 195.055 Judicial review. All orders and determinations of the office department under this chapter are subject to judicial review under ch. 227.

SB44, s. 2239 Section 2239. 195.06 of the statutes is repealed.

SB44, s. 2240 Section 2240. 195.07 (1) of the statutes is repealed.

SB44, s. 2241 Section 2241. 195.07 (2) of the statutes is amended to read:

SB44,882,22 195.07 (2) Attorney general and district attorney to prosecute. Upon request of the office department, the attorney general or the district attorney of the proper county shall aid in any investigation, hearing or trial had under, and shall institute and prosecute all necessary actions or proceedings for the enforcement of, laws relating to railroads.

SB44, s. 2242 Section 2242. 195.08 of the statutes is repealed.

SB44, s. 2243 Section 2243. 195.09 of the statutes is repealed.

SB44, s. 2244 Section 2244. 195.10 of the statutes is repealed.

SB44, s. 2245 Section 2245. 195.11 of the statutes is repealed.

SB44, s. 2246 Section 2246. 195.12 of the statutes is repealed.

SB44, s. 2247 Section 2247. 195.13 of the statutes is repealed.

SB44, s. 2248 Section 2248. 195.14 of the statutes is repealed.

SB44, s. 2249 Section 2249. 195.15 of the statutes is repealed.

SB44, s. 2250 Section 2250. 195.16 of the statutes is repealed.

SB44, s. 2251 Section 2251. 195.17 of the statutes is repealed.

SB44, s. 2252 Section 2252. 195.19 (1) of the statutes is amended to read:

SB44,883,19 195.19 (1) Passenger. Every railroad shall provide and maintain adequate passenger depots equipped with proper toilet facilities at its regular stations for the accommodation of passengers, and said depots shall be kept clean, well-lighted and warmed, for the comfort and accommodation of the traveling public, and shall be kept open continuously from not less than 20 minutes before any train carrying passengers is scheduled to arrive and until such train has departed and for such longer period in any case as the office department may determine is necessary for the convenience and accommodation of the public. Where the office department determines that the service of certain trains in making stops on signals is in excess of reasonably adequate service, the provisions of this section shall not apply in connection with the rendition of such service.

SB44, s. 2253 Section 2253. 195.19 (3) of the statutes is amended to read:

SB44,884,8 195.19 (3) Union depot. In every city, village or town in which 2 or more railroads maintain passenger depots, it shall be the duty of such railroads to construct, maintain and use an adequate union passenger depot, whenever practical and required by public convenience and necessity. If, after investigation, the office department shall determine that it is practicable and that public convenience and necessity required the construction, maintenance and use of a union passenger depot in any such city, village or town the office department may order such railroads to construct, maintain and use an adequate union passenger depot, and shall in such order fix the location of such depot. If the railroads shall be unable to agree upon an apportionment of the original cost of such union passenger depot, and the expense of maintaining the same, within 20 days after the service of such order, the office department may, after a hearing, issue a supplemental order declaring the apportionment of such original cost and the expense of maintaining such depot.

SB44, s. 2254 Section 2254. 195.20 of the statutes is amended to read:

SB44,884,19 195.20 Joint use of railroad property. Whenever, upon complaint and after hearing had, the office department finds that public convenience and necessity require the use by one or more railroads of the tracks, wires, poles, rights-of-way, switches, bridges or other property belonging to another railroad over or on any street, railroad, railway, right-of-way, bridge or viaduct, upon or over which said railroads have a right to operate, and that such use will not prevent the owners or other users thereof from performing their public duties, nor result in irreparable injury to such owners or other users thereof, the office department may, by order, direct that such use be permitted, and prescribe a reasonable compensation and reasonable terms and conditions for such joint use.

SB44, s. 2255 Section 2255. 195.21 of the statutes is amended to read:

SB44,885,11 195.21 Warehouses. Any person proposing to erect or maintain a public elevator or public warehouse for the purchase, sale, storage, receiving or shipping of grain, or other personal property, to be received from or transported upon any railroad, shall be furnished by such railroad at a reasonable rental, a site upon its right-of-way or depot grounds, within the yard limits of any station or terminal of such railroad; and any private elevator or warehouse situated upon such grounds may be converted into a public elevator or warehouse at the option of the owner, upon notice in writing to the railroad and thereby be permitted to remain thereon under the same conditions as provided herein for a public elevator or warehouse; and the office department shall, upon application by such owner, if the public interest so requires, by order, direct the railroad to furnish such site and the office department shall make reasonable regulations therefor and in case of disagreement, the office department shall determine the rental therefor. Elevators and warehouses erected or maintained under the foregoing provisions of this section shall be subject to such rules and regulations as to charges and the manner of conducting business as the office department shall prescribe.

SB44, s. 2256 Section 2256. 195.26 of the statutes is amended to read:

SB44,885,19 195.26 Safety devices; block system. Every railroad shall adopt reasonably adequate safety measures and install, operate and maintain reasonably adequate safety devices for the protection of life and property. If after investigation the office department shall determine that public safety requires it, the office department may order the railroad to install, operate and maintain a block system or other safety device or measure as may be necessary to render the operation of such railroad reasonably safe.

SB44, s. 2257 Section 2257. 195.27 of the statutes is amended to read:

SB44,886,3 195.27 Safe tracks and bridges. Every railroad shall construct and maintain its tracks, bridges and line structures in a reasonably adequate and safe manner. The office may direct the department to investigate complaints in the manner provided by s. 195.04. If, upon complaint or upon its own motion and after hearing, the office the department determines that the track or structures of any railroad are inadequate or unsafe for the operation of its railroad, the office department shall order the railroad to reconstruct or repair the inadequate or unsafe track or structures.

SB44, s. 2258 Section 2258. 195.28 (1) of the statutes is amended to read:

SB44,887,8 195.28 (1) Petition; hearing; order. Upon petition of the department, city a city council, village board, town board, superintendent of highways or by 5 or more electors in any town, village or city, or of any railroad corporation or railroad historical society, to determine whether a public highway and railroad grade crossing protects and promotes public safety, or upon its own motion, the office department may investigate and issue an appropriate order without a public hearing. The department shall issue its order on the basis of investigation and criteria promulgated by rule with respect to the adequacy of grade crossing protection. The rule may include programming criteria relating to the priority of grade crossings in need of protection. If the petitioner, railroad, railroad historical society or any interested party objects to the order and requests a hearing within 20 days after the date that the order is issued, the office shall proceed under s. 195.04. Notice of an investigation or hearing shall be served upon the department, which shall be an interested party, and any recommendation it may file with the office at or prior to a hearing, if there is one, regarding crossing protection shall be considered as evidence in the proceeding department shall refer the order to the division of hearings and appeals for review as provided in s. 195.325. The office department or the division of hearings and appeals shall determine whether the existing warning devices at such crossing are adequate to protect and promote public safety. If the office department or division of hearings and appeals determines, either without or after a hearing, that protection any such warning device is not adequate, it may order the railroad company or railroad historical society to keep a flagman at the crossing or to install automatic signals or other suitable safety device at specific locations at such crossing. The office department or the division of hearings and appeals may order the relocation of existing signals and devices to improve protection at a crossing. Any crossing protection warning device installed or maintained as approved by the office department or the division of hearings and appeals, whether by order or otherwise, shall be deemed adequate and appropriate protection for the crossing.

SB44, s. 2259 Section 2259. 195.28 (3) of the statutes is amended to read:

SB44,887,22 195.28 (3) Maintenance costs. Except as otherwise provided in this subsection, the cost of maintaining crossing protection warning devices ordered under sub. (1) shall be the responsibility of the railroad or railroad historical society. Any railroad company or railroad historical society that incurs expenses for maintenance of signals or other safety devices may file a claim for reimbursement with the department regardless of the date of installation of the signals or devices. At the close of each fiscal year the department shall reimburse claimants under this subsection for 50% of the costs, as determined by the office department, incurred for maintenance of railroad crossing protection warning devices from the appropriations under s. 20.395 (2) (gj) and (gq). If the amount in the appropriations under s. 20.395 (2) (gj) and (gq) is not adequate to fund maintenance reimbursement under this subsection, the amount shall be prorated in the manner determined by the office department.

SB44, s. 2260 Section 2260. 195.28 (4) of the statutes is amended to read:

SB44,888,3 195.28 (4) Previous office orders. Subsection (3) applies to maintenance costs for all crossing protection warning devices regardless of any prior order of the office apportioning maintenance costs.

SB44, s. 2261 Section 2261. 195.285 (1) of the statutes is amended to read: