2005 Wisconsin Act 179

179,39 Section 39. Chapter 195 (title) of the statutes is amended to read:

CHAPTER 195

RAILROAD and water carrier REGULATION

179,40 Section 40. 195.02 (3) of the statutes is amended to read:

195.02 (3) This chapter applies to the transportation of passengers and property between points within this state, and to the receiving, switching, delivering, storing and handling of such property, and to all water carrier charges connected therewith, and applies to all common carriers engaged in the transportation of passengers or property wholly by rail or partly by rail and partly by water, and to all common carriers of property wholly by water which operate between fixed end points, but shall not apply to transportation of property by water under contract as a private carrier.

179,41 Section 41. 195.02 (4m) of the statutes is created to read:

195.02 (4m) Each provision of this chapter applies only to the extent that it is not contrary to or inconsistent with federal law or the constitution of the United States.

179,42 Section 42. 195.02 (5) of the statutes is amended to read:

195.02 (5) "Railroad" also " Water carrier" means and embraces a common carriers or contract carrier of property by water which operate that operates between fixed end points, and all of the duties required of, and penalties imposed upon, any railroad or any agent or officer thereof shall, insofar as the same are applicable, be required of, and imposed upon, such common carriers of property by water but does not include a water carrier under common control with a railroad when transporting freight for continuous carriage or shipment. In this chapter, "common carrier," with respect to a water carrier, includes a contract carrier other than a private contract carrier.

179,43 Section 43. 195.03 (7) of the statutes is amended to read:

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

179,44 Section 44. 195.03 (8) of the statutes is amended to read:

195.03 (8) Questionnaires, answers compulsory. The office 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 railroad administration, federal surface transportation board, or other applicable federal agency or authority, and shall furnish the forms to railroads and water carriers, and every railroad and water carrier receiving the forms shall cause the forms to be properly completed and verified under oath by its proper officer and returned to the office within the time fixed by the office.

179,45 Section 45. 195.03 (9) of the statutes is amended to read:

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

179,46 Section 46. 195.03 (10) of the statutes is amended to read:

195.03 (10) Production of records and files kept out of state. The office 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 or water carrier without the state, or verified copies in lieu thereof, if the office shall so order.

179,47 Section 47. 195.03 (11) of the statutes is amended to read:

195.03 (11) Uniform system of accounting. The office may prescribe a uniform system of keeping and rendering accounts of all railroad and water carrier business transacted in this state, and the time within which railroads and water carriers shall adopt such system; provided that all forms of accounts which may be prescribed by the office shall conform to any applicable requirement under 49 USC 11141 to 11164 or 49 CFR 1201 and, as nearly as practicable, to similar forms prescribed by federal authority.

179,48 Section 48. 195.03 (12) of the statutes is amended to read:

195.03 (12) Time for filing water carrier rate tariffs. The office shall fix the time for filing railroad water carrier schedules relative to the transportation of passengers and property and of any service in connection therewith.

179,49 Section 49. 195.03 (13) of the statutes is amended to read:

195.03 (13) Schedule forms. The office may prescribe the forms for railroad water carrier schedules.

179,50 Section 50. 195.03 (19) of the statutes is amended to read:

195.03 (19) Railroad and water carrier structures. The office may order the repair or reconstruction of any inadequate or unsafe railroad track or water carrier structure.

179,51 Section 51. 195.04 (1) of the statutes is amended to read:

195.04 (1) Upon complaint of any person, including any state agency, water carrier, or railroad, either relating to a railroad as provided under s. 192.324, 192.34, 195.20, 195.28 (1), 195.285 (1), 195.29 (1), (5), or (6), 195.31, or 195.32 or that any railroad water carrier rate, fare, charge, or classification or any regulation or practice whatever affecting the transportation of persons or property, or any service in connection therewith, is in any respect unreasonable or unjustly discriminatory or that any service is inadequate, the office may direct the department to investigate the complaint and shall set the complaint for hearing. The report of the department shall be presented to the office only at the hearing on the complaint, if hearing is requested and held. No order may be entered by the office without a public hearing, except as otherwise provided in this chapter.

179,52 Section 52. 195.04 (2) of the statutes is amended to read:

195.04 (2) The office shall, prior to such any hearing, notify the water carrier or railroad complained of that a complaint has been made, and 20 days after such notice has been given the office may proceed to set a time and place for a hearing.

179,53 Section 53. 195.04 (3) of the statutes is amended to read:

195.04 (3) The office shall give the water carrier or railroad and the complainant 20 days' notice of the hearing and the matters to be considered and determined. Both the water carrier or railroad and the complainant shall be entitled to be heard and shall have process to enforce the attendance of witnesses.

179,54 Section 54. 195.041 of the statutes is amended to read:

195.041 Separate rate hearings; absence of direct damage. The office may, when complaint is made of more than one water carrier rate or charge, order separate hearings thereon, and may consider and determine the several matters complained of separately and at such times as it may prescribe. No complaint shall at any time be dismissed because of the absence of direct damage to the complainant.

179,55 Section 55. 195.042 of the statutes is amended to read:

195.042 Summary investigations. Whenever the office believes that any water carrier rate or charge may be unreasonable or unjustly discriminatory or that any service is inadequate or cannot be obtained or that an investigation of any matter relating to any water carrier or, if a matter arising under s. 192.324, 192.34, 195.20, 195.28 (1), 195.285 (1), 195.29 (1), (5), or (6), 195.31, or 195.32, to any railroad should for any reason be made, it may request the department to investigate the same with or without notice.

179,56 Section 56. 195.043 of the statutes is amended to read:

195.043 Procedure after summary investigation. (1) If, after summary investigation by the department, the office becomes satisfied that sufficient grounds exist to warrant a formal hearing being ordered as to the matters investigated, it shall set a time and place for a hearing. The office shall publish notice of any such investigation in its weekly calendar and the any report of the department and all matters considered by the office with respect thereto shall be available for public inspection upon request.

(2) Notice of the time and place for such hearing shall be given to the water carrier or railroad, and to such other interested persons as the office deems necessary, as provided in s. 195.04, and thereafter proceedings shall be had and conducted in reference to the matter investigated in like manner as though complaint had been filed with the office relative to the matter investigated, and the same order or orders may be made in reference thereto as if such investigation had been made on complaint.

179,57 Section 57. 195.05 (title) of the statutes is amended to read:

195.05 (title) Office; water carrier rates, regulations, service, procedure.

179,58 Section 58. 195.05 (1) of the statutes is amended to read:

195.05 (1) Orders for rates and service. Whenever the office shall find that any existing water carrier rate, fare, charge, or classification, or any joint rate, or any regulation or practice affecting the transportation of persons or property, or any service in connection therewith is unreasonable or unjustly discriminatory or that any service is inadequate, it shall determine and by order fix a reasonable rate, fare, charge, classification, joint rate, regulation, practice or service to be imposed, observed and followed in the future, in lieu of that found to be unreasonable or unjustly discriminatory or inadequate.

179,59 Section 59. 195.05 (3) of the statutes is amended to read:

195.05 (3) Rates not changed by railroad water carrier. All railroads water carriers to which the order applies shall make such changes in their schedule on file as may be necessary to make the same conform to said order, and no change shall thereafter be made by any railroad water carrier in any such rates, fares or charges, or in any joint rates except as provided in s. 195.08.

179,60 Section 60. 195.05 (4) of the statutes is amended to read:

195.05 (4) Modification of orders. The office may by order at any time, upon notice to the railroad water carrier and after opportunity to be heard, rescind, alter or amend any order fixing any rate or rates, fares, charges or classification, or any other order made by the office.

179,61 Section 61. 195.05 (5) and (6) of the statutes are repealed.

179,62 Section 62. 195.07 (1) of the statutes is amended to read:

195.07 (1) Powers. The office shall inquire into the neglect or violation of the laws of this state by water carriers and railroads, or by the officers, agents or employees thereof, or by persons operating water carriers and railroads, and shall report violations to the attorney general.

179,63 Section 63. 195.07 (2) of the statutes is amended to read:

195.07 (2) Attorney general and district attorney to prosecute. Upon request of the office, 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 water carriers and railroads.

179,64 Section 64. 195.08 (title) of the statutes is amended to read:

195.08 (title) Railroad Water carrier rates, schedules, service.

179,65 Section 65. 195.08 (1r) of the statutes is amended to read:

195.08 (1r) Service rates to be adequate and just. Every railroad water carrier shall furnish reasonably adequate service and facilities, and the charges made for the transportation of passengers or property or for any service in connection therewith, or for the receiving, switching, delivering, storing or handling of property shall be reasonable and just, and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful.

179,66 Section 66. 195.08 (2) of the statutes is amended to read:

195.08 (2) Schedules; publication. Every railroad water carrier shall print in plain type and file with the office schedules which shall be open to public inspection showing all rates, fares and charges for the transportation of passengers and property and any service in connection therewith which it has established and which are in force at the time between all points in this state upon its line or any line controlled or operated by it. The schedules shall plainly state the places upon its line or any line controlled or operated by it in this state between which passengers and property will be carried, and there shall be filed therewith the classification of freight in force.

179,67 Section 67. 195.08 (3) of the statutes is amended to read:

195.08 (3) Schedules, rules and regulations. Every railroad water carrier shall publish with and as a part of such schedules all rules and regulations that in any manner affect the rates charged or to be charged for the transportation of passengers or property, and its charges for delay in loading or unloading cars, for track and car service or rental and for demurrage, switching, terminal or transfer service, property or for rendering any other service in connection with the transportation of persons or property.

179,68 Section 68. 195.08 (4) of the statutes is amended to read:

195.08 (4) Schedules, copies in depots terminals. Two copies of said schedules for the use of the public shall be kept in every depot, station terminal and office of such railroad water carrier in such form and place as to be easily accessible to the public.

179,69 Section 69. 195.08 (5) of the statutes is repealed.

179,70 Section 70. 195.08 (7) of the statutes is amended to read:

195.08 (7) Changes in schedule. No change shall be made in any schedule, or in any classification, unless the change shall be plainly indicated upon existing schedules, or by filing new schedules in lieu thereof, 30 days prior to the time the same are to take effect. Copies of all new schedules shall be filed as hereinbefore provided required in this section in every depot, station terminal and office of such railroad water carrier at places to or from which the rates in such schedules apply, 30 days prior to the time the same are to take effect, unless the office of the commissioner of railroads shall prescribe a less time.

179,71 Section 71. 195.08 (9) of the statutes is amended to read:

195.08 (9) Complaint against change in schedules. Whenever a complaint is filed with the office before any change in any water carrier schedule, or in any classification, rule, regulation or practice becomes effective to the effect that the change is unreasonable or unjustly discriminatory, the office shall give notice to the railroad water carrier that a complaint has been made, may direct the department to investigate the complaint and shall set the complaint for hearing. Any report of the department shall be presented to the office only at the hearing on the complaint. The office may, in its discretion, by order, stay the change pending the determination of the matters investigated at any time before the change shall take effect. If the change complained of is found unreasonable or unjustly discriminatory, the change shall not take effect and, if the change has become effective, the office shall order the discontinuance thereof. The office may fix and order substituted for any such change such rates, joint rates, fares, charges, classification, rule, regulation, practice or service as it shall have determined to be just and reasonable and which shall be charged, imposed or followed in the future, and shall make such order respecting such rule, regulation, practice or service as it shall determine to be reasonable and which shall be observed and followed in the future. Procedure and notice shall be as provided in s. 195.04 (2) to (4).

179,72 Section 72. 195.08 (10) of the statutes is repealed.

179,73 Section 73. 195.08 (11) of the statutes is amended to read:

195.08 (11) Freight classification. There shall be but one classification of freight which shall be uniform on all railroads water carriers.

179,74 Section 74. 195.10 of the statutes is amended to read:

195.10 Emergency rates. The office shall have power, when deemed by it necessary to prevent injury to the business or interests of the people or railroads water carriers of this state in consequence of interstate rate wars, or in case of any other emergency to be judged of by the office, to temporarily alter, amend, or, with the consent of the railroad water carrier company concerned, suspend any existing passenger rates, freight rates, schedules and orders on any railroad or part of railroad water carrier in this state. Such rates so made by the office shall apply on one or more of the railroads water carriers in this state or any portion thereof as may be directed by the office, and shall take effect at such time and remain in force for such length of time as may be prescribed by the office.

179,75 Section 75. 195.11 of the statutes is amended to read:

195.11 Discriminations prohibited. (1) If any railroad water carrier, or any agent or officer thereof, shall directly or indirectly, or by any device whatsoever, charge, demand, collect or receive a greater, less or different compensation for the transportation of persons or property or of any service in connection therewith than that prescribed in the tariffs then in force, or than it charges, demands, collects or receives from any other person, firm or corporation for a like and contemporaneous service, such railroad water carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited.

(2) It shall be unlawful for any railroad water carrier to demand, charge, collect or receive from any shipper a less compensation for the transportation of property or for any service rendered or to be rendered by said railroad water carrier, in consideration of said shipper furnishing any part of the facilities incident thereto; but any railroad water carrier may rent any facilities incident to transportation and pay a reasonable rental therefor, but no payment shall be made by any carrier to an industry for performing any part of the service incident to the origination or determination of carload line haul shipments which the carriers have assumed to perform under the provisions of the bill of lading.

179,76 Section 76. 195.12 of the statutes is amended to read:

195.12 Preference by water carriers prohibited. If any railroad water carrier shall make or give any undue or unreasonable preference or advantage to any person, firm or corporation, or shall subject any person, firm or corporation to any undue or unreasonable prejudice or disadvantage in any respect whatsoever, such railroad water carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited.

179,77 Section 77. 195.13 of the statutes is amended to read:

195.13 Rebates and concessions, unlawful to accept. It shall be unlawful for any person, firm or corporation knowingly to accept or receive any rebate, concession or discrimination in respect to water carrier transportation of property wholly within this state, or for any service in connection therewith, whereby any such property shall, by any device whatsoever, be transported at a less rate than that named in the tariffs in force, or whereby any service or advantage is received other than is therein specified. Any person, firm or corporation violating the provisions of this section shall be fined forfeit not less than $50 $100 nor more than $1,000 for each offense.

179,78 Section 78. 195.14 of the statutes is amended to read:

195.14 Free transportation; reduced rates, passes, limitations. (1) This chapter does not prohibit the carriage, storage or handling by water carriers of freight free or at reduced rates for the United States, the state, or any municipality thereof, or for charitable purposes, or to and from fairs and expositions for exhibition thereat, or household goods the property of railway water carrier employees, or commodities shipped by employees for their exclusive use or consumption; or the issuance of mileage, commutation, party or excursion passengers' tickets; or the sale of such tickets as were usually and customarily sold at reduced rates prior to June 15, 1905; provided the same are issued and sold without discrimination to all persons applying therefor under like circumstances and conditions.

(2) (a) Railroads Water carriers may give transportation free or at reduced rates to any minister of the gospel, officers or agent of incorporated colleges, inmates of soldiers' homes, regular agents of charitable societies when traveling upon the business of the society only, destitute and homeless persons, railroad water carrier officers, attorneys, physicians, directors, employees or members of their families, or to former railroad water carrier employees or members of their families where the employees have become disabled in the railway water carrier service, or are unable from physical disqualification to continue in the service, or to members of families of deceased railroad water carrier employees.

(b) Railroads Water carriers may exchange passes with officers, attorneys, physicians or employees of other railroads water carriers and members of their families. No person holding any public office or position under the laws of this state shall be given transportation free or at reduced rates that are not open to the public, except that notaries public and regular employees of a railroad water carrier or other public utility who are candidates for or hold public office for which the annual compensation is not more than $300 to whom no passes or privileges are extended beyond those that are extended to other regular employees of such corporations may be granted free transportation or reduced rates for the transmission of any message or communication.

(3) Upon any shipment of livestock or other property of such nature as to require the care of an attendant, the railroad water carrier may furnish to the shipper or persons designated by the shipper, free transportation for such attendant, including return passage to the point at which the shipment originated; provided, there shall be no discrimination in reference thereto.

(4) Except as provided in this section, no free transportation for intrastate traffic shall be given by any railroad water carrier.

179,79 Section 79. 195.15 of the statutes is amended to read:

195.15 Transportation contracts, filed. Every railroad water carrier shall, when required and within the time fixed by the office, deliver to the office for its use copies of all contracts which relate to the transportation of persons or property, or any service in connection therewith, made or entered into by it with any other railroad water carrier or any shipper or other person doing business with it.

179,80 Section 80. 195.16 of the statutes is amended to read:

195.16 Pass lists. Every railroad water carrier shall keep and for 2 years preserve a record of every railroad ticket, pass or mileage book issued to a resident of this state free or for a money consideration less than that charged the general public. Such record shall consist of the name of the recipient, the amount received, and the reason for issuance, and shall be open to inspection by the office upon reasonable notice during such period of 2 years.

179,81 Section 81. 195.17 of the statutes is repealed.