AB977: Bill Text

AB977, s. 169 Section 169. 195.60 (3) of the statutes is amended to read:

AB977,60,7 195.60 (3) If any railroad or water carrier against which a bill has been rendered under sub. (1) or (2) within 30 days after the rendering of such bill neglects or refuses to pay the same or fails to file objections to the bill with the office division of hearings and appeals, the office department shall transmit to the secretary of administration a certified copy of the bill, together with notice of neglect or refusal to pay the bill, and on the same day the office department shall mail to the railroad or water carrier against which the bill has been rendered a copy of the notice which it has transmitted to the secretary of administration. Within 10 days after the receipt of such notice and certified copy of such bill, the secretary of administration shall levy the amount stated on such bill to be due, with interest, by distress and sale of any goods and chattels, including stocks, securities, bank accounts, evidences of debt, and accounts receivable belonging to such delinquent railroad or water carrier. Such levy by distress and sale shall be governed by the provisions of s. 74.10, 1985 stats., except that it shall be made by the secretary of administration and that said goods and chattels anywhere within the state may be levied upon.

AB977, s. 170 Section 170. 195.60 (4) of the statutes is amended to read:

AB977,60,21 195.60 (4) (a) Within 30 days after the date of the mailing of any bill as provided by subs. (1) and (2), the railroad or water carrier against which such bill has been rendered may file with the office division of hearings and appeals objections setting out in detail the grounds upon which the objector regards the bill to be excessive, erroneous, unlawful or invalid. The office division of hearings and appeals, after notice to the objector and the department, shall hold a hearing upon such objections, not less than 5 nor more than 10 days after such notice. If after such hearing the office division of hearings and appeals finds any part of the bill to be excessive, erroneous, unlawful or invalid it shall record its findings upon its minutes with respect to the objections and transmit to the objector and the department an amended bill, in accordance with such findings. The amended bill shall have in all ways the same force and effect under this section as an original bill rendered under subs. (1) and (2).

AB977,60,24 (b) If after the hearing the office division of hearings and appeals finds the entire bill unlawful or invalid, it shall notify the objector and the department of such determination, in which case the original bill shall be deemed void.

AB977,61,4 (c) If after the hearing the office division of hearings and appeals finds that the bill as rendered is neither excessive, erroneous, unlawful or invalid, either in whole or in part, it shall record such findings upon its minutes, and transmit to the objector and the department notice of such finding findings.

AB977,61,15 (d) If any bill against which objections have been filed is not paid within 10 days after notice of a finding that such objections have been overruled and disallowed by the office division of hearings and appeals has been mailed to the objector, the office department shall give notice of such delinquency to the secretary of administration and to the objector, in the manner provided in sub. (3). The secretary of administration shall then proceed to collect the amount of the bill as provided in sub. (3). If an amended bill is not paid within 10 days after a copy thereof is mailed to the objector by registered mail, the office department shall notify the secretary of administration and the objector as in the case of delinquency in the payment of an original bill. The secretary of administration shall then proceed to collect the amount of the bill as provided in the case of an original bill.

AB977, s. 171 Section 171. 195.60 (5) of the statutes is amended to read:

AB977,62,3 195.60 (5) No suit or proceeding shall be maintained in any court for the purpose of restraining or in any way delaying the collection or payment of any bill rendered under subs. (1) and (2). Every railroad or water carrier against which a bill is rendered shall pay the amount thereof, and after such payment may in the manner herein provided, at any time within 2 years from the date the payment was made, sue the state in an action at law to recover the amount paid with legal interest thereon from the date of payment, upon the ground that the assessment was excessive, erroneous, unlawful, or invalid in whole or in part. If it is finally determined in such action that any part of the bill for which payment was made was excessive, erroneous, unlawful, or invalid, the secretary of administration shall make a refund to the claimant as directed by the court, which shall be charged to the appropriations to the office department.

AB977, s. 172 Section 172. 195.60 (6) of the statutes is amended to read:

AB977,62,11 195.60 (6) No action for recovery of any amount paid under this section shall be maintained in any court unless objections have been filed with the office division of hearings and appeals as provided in this section. In any action for recovery of any payments made under this section the claimant shall be entitled to raise every relevant issue of law, but the office's findings of fact of the division of hearings and appeals made pursuant to this section shall be prima facie evidence of the facts therein stated.

AB977, s. 173 Section 173. 195.60 (7) (intro.) of the statutes is repealed.

AB977, s. 174 Section 174. 195.60 (7) (a) of the statutes is renumbered 195.60 (7) and amended to read:

AB977,62,17 195.60 (7) Determinations of fact expressed in bills rendered under this section; and shall be considered to be findings of fact of the department, within the meaning of this section.

AB977, s. 175 Section 175. 195.60 (7) (b) of the statutes is repealed.

AB977, s. 176 Section 176. 201.01 (1) of the statutes is amended to read:

AB977,62,22 201.01 (1) "Commission" means the office of the commissioner of railroads department of transportation in the case of water carriers and the public service commission in the case of other public service corporations.

AB977, s. 177 Section 177. 226.025 (3) of the statutes is amended to read:

AB977,63,10 226.025 (3) The appointment of the department of financial institutions or the designation of a resident agent as attorney for the service of summons, notice, pleadings or process under s. 180.1507 shall be applicable only to actions or proceedings against the foreign corporations described in this section (unless such corporations have been admitted to this state for purposes other than those mentioned in this section) where the cause of action or proceeding arises out of transactions between such foreign corporations and public utilities operating in this state with which such foreign corporations are affiliated; and to actions or proceedings by or before the public service commission or office of the commissioner of railroads involving the transactions described in sub. (1), or involving the relation between such foreign corporations and public utilities operating in this state with which they are affiliated.

AB977, s. 178 Section 178. 227.01 (13) (s) of the statutes is amended to read:

AB977,63,14 227.01 (13) (s) Prescribes or relates to a uniform system of accounts for any person, including a municipality, that is regulated by the office of the commissioner of railroads or the public service commission.

AB977, s. 179 Section 179. 227.43 (1) (bk) of the statutes is created to read:

AB977,63,19 227.43 (1) (bk) Assign a hearing examiner to preside over any hearing or review under ss. 26.20 (3) and (10), 84.05, 88.66 (2), 88.87 (4), 88.88 (2), 190.02 (6), 190.16 (5), 192.324, 192.34, 192.52, 192.56, 195.28 (1), 195.285 (1), 195.29 (1), 195.30 (1), 195.31, 195.32, 195.325, 195.37 (1), 195.38, and 195.60.

AB977, s. 180 Section 180. 227.43 (4) (b) of the statutes is amended to read:

AB977,63,23 227.43 (4) (b) The department of transportation shall pay all costs of the services of a hearing examiner assigned under sub. (1) (bg) or (bk) or assigned to the department under sub. (1) (br), according to the fees set under sub. (3) (b).

AB977, s. 181 Section 181. 227.46 (2m) of the statutes is amended to read:

AB977,64,17 227.46 (2m) In any hearing or review assigned to a hearing examiner under s. 227.43 (1) (bg) or (bk), the hearing examiner presiding at the hearing shall prepare a proposed decision, including findings of fact, conclusions of law, order and opinion, in a form that may be adopted as the final decision in the case. The proposed decision shall be a part of the record and shall be served by the division of hearings and appeals in the department of administration on all parties. Each party adversely affected by the proposed decision shall be given an opportunity to file objections to the proposed decision within 15 days, briefly stating the reasons and authorities for each objection, and to argue with respect to them before the administrator of the division of hearings and appeals. The administrator of the division of hearings and appeals may direct whether such argument shall be written or oral. If the decision of the administrator of the division of hearings and appeals varies in any respect from the decision of the hearing examiner, the decision of the administrator of the division of hearings and appeals shall include an explanation of the basis for each variance. The decision of the administrator of the division of hearings and appeals is a final decision of the agency subject to judicial review under s. 227.52. The department of transportation may petition for judicial review.

AB977, s. 182 Section 182. 227.46 (3) (intro.) of the statutes is amended to read:

AB977,64,21 227.46 (3) (intro.) With respect to contested cases except a hearing or review assigned to a hearing examiner under s. 227.43 (1) (bg) or (bk), an agency may by rule or in a particular case may by order:

AB977, s. 183 Section 183. 281.36 (1) (cr) of the statutes is amended to read:

AB977,64,24 281.36 (1) (cr) "State transportation agency" means the department of transportation or the office of the commissioner of railroads.

AB977, s. 184 Section 184. 346.45 (3) (d) of the statutes is amended to read:

AB977,65,5 346.45 (3) (d) A railroad grade crossing which is marked with a sign in accordance with s. 195.285 (3). Such signs shall be erected by the maintaining authority only upon order of the office of the commissioner of railroads as set forth in s. department or the division of hearings and appeals in accordance with ss. 195.285 and 195.325.

AB977, s. 185 Section 185. 350.137 (1) of the statutes is amended to read:

AB977,65,14 350.137 (1) The department, after having consulted with each rail authority, as defined in s. 350.138 (1) (b), in this state, that has furnished the department with the information required under s. 350.138 (2m), an established snowmobile association that represents snowmobile clubs, as defined in s. 350.138 (1) (e), in this state, and the office of the commissioner of railroads department of transportation, shall promulgate rules to establish uniform maintenance standards and uniform design and construction standards for snowmobile rail crossings under ss. 350.138 and 350.139.

AB977, s. 186 Section 186. 350.138 (4) (c) of the statutes is amended to read:

AB977,65,21 350.138 (4) (c) The department shall give notice of any hearing scheduled under par. (b) to the applicant, to the applicable rail authority, and to the office of the commissioner of railroads department of transportation. The hearing shall be a contested case hearing under ch. 227. The department's department of natural resources' order issuing or denying a permit is a final order subject to judicial review under ch. 227.

AB977, s. 187 Section 187. 350.138 (9) of the statutes is amended to read:

AB977,66,2 350.138 (9) Inspection authorized. The department or the office of the commissioner of railroads department of transportation may inspect the site of a proposed snowmobile rail crossing or the site of a snowmobile rail crossing for which a permit has been issued to determine whether there are grounds to refuse to issue a permit under sub. (4) or to revoke a permit under sub. (8).

AB977, s. 188 Section 188. 350.139 (5) of the statutes is amended to read:

AB977,66,8 350.139 (5) Inspection authorized. The department or the office of the commissioner of railroads department of transportation may inspect an established snowmobile rail crossing to determine whether the snowmobile organization maintaining the crossing is in compliance with the requirements imposed under sub. (4).

AB977, s. 189 Section 189. 350.1395 (2) (b) 2. of the statutes is amended to read:

AB977,66,15 350.1395 (2) (b) 2. The department shall hold a hearing on a petition filed under subd. 1. after giving notice of the hearing to the rail authority, the snowmobile organization, and the office of the commissioner of railroads department of transportation. The hearing shall be a contested case hearing under ch. 227. The department's department of natural resources' order shall be a final order subject to judicial review under ch. 227.

AB977, s. 190 Section 190. 350.1395 (2) (b) 3. (intro.) of the statutes is amended to read:

AB977,66,21 350.1395 (2) (b) 3. (intro.) The department shall grant a rail authority's petition under subd. 2. to close or remove a snowmobile rail crossing if, after a hearing under subd. 2., and after giving substantial weight to the office of the commissioner of railroads' department of transportation's testimony or report given under s. 195.03 (30) (b), the department of natural resources finds that any of the following applies:

AB977, s. 191 Section 191. 350.1395 (4) (b) of the statutes is amended to read:

AB977,67,3 350.1395 (4) (b) The department may not promulgate a rule under this subsection without first consulting with each rail authority in this state that has furnished the department with the information required under s. 350.138 (2m), an established snowmobile association that represents snowmobile clubs, as defined in s. 350.138 (1) (e), in this state, and the office of the commissioner of railroads department of transportation.

AB977, s. 192 Section 192. 552.23 (1) of the statutes is amended to read:

AB977,67,14 552.23 (1) If the target company is an insurance company subject to regulation by the commissioner of insurance, a banking corporation, savings bank, or savings and loan association subject to regulation by the division of banking, or a company subject to regulation by the public service commission, or the department of transportation, or the office of the commissioner of railroads, the division of securities shall promptly furnish a copy of the registration statement filed under this chapter to the regulatory agency having supervision of the target company. Any hearing under this chapter involving any such target company shall be held jointly with the regulatory agency having supervision, and any determination following the hearing shall be made jointly with that regulatory agency.

AB977, s. 193 Section 193. 945.06 of the statutes is amended to read:

AB977,68,5 945.06 Public utilities to cease service. When any public utility, common carrier, contract carrier, or railroad, subject to the jurisdiction of the public service commission, office of the commissioner of railroads or department of transportation of this state, is notified in writing by a federal, state or local law enforcement agency, acting within its jurisdiction, that any facility furnished by it is being used or will be used for the purpose of transmitting or receiving gambling information in violation of the laws of this state it shall discontinue or refuse the leasing, furnishing or maintaining of such facility, after reasonable notice to the subscriber, but no damages, penalty or forfeiture, civil or criminal, shall be found against any such public utility, common carrier, contract carrier or railroad, for any act done in compliance with any notice received from a law enforcement agency under this section. Nothing in this section shall be deemed to prejudice the right of any person affected thereby to secure an appropriate determination as otherwise provided by law in any court or tribunal or agency, that such facility should not be discontinued or removed, or should be restored.

AB977, s. 194 Section 194. Nonstatutory provisions.

AB977,68,8 (1) A bolishing the office of commissioner of railroads; transitional provisions.

AB977,68,9 (a) Definitions. In this subsection:

AB977,68,10 1. "Department" means the department of transportation.

AB977,68,12 2. "Division" means the division of hearings and appeals in the department of administration.

AB977,68,13 3. "Office" means the office of the commissioner of railroads.

AB977,68,15 (b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the office shall become the assets and liabilities of the department.

AB977,68,16 (c) Staff.

AB977,68,18 1. On the effective date of this subdivision, the position of the commissioner of railroads is abolished.

AB977,68,21 2. On the effective date of this subdivision, the following 4.0 FTE PR positions and the incumbent employees, identified by the secretary of transportation, holding those positions in the office are transferred to the department:

AB977,68,22 a. One program assistant position.

AB977,68,23 b. Three regulation compliance investigator positions.

AB977,69,4 3. Employees transferred under subdivision 2. to the department have all of the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department that they enjoyed in the office immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB977,69,7 4. On the effective date of this subdivision, the remaining FTE PR positions of the office not transferred under subdivision 2 . or abolished under subdivision 1 . are deauthorized.

AB977,69,10 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the office is transferred to the department.

AB977,69,14 (e)  Contracts. All contracts entered into by the office in effect on the effective date of this paragraph remain in effect and are transferred to the department. The department shall carry out any obligations under such a contract until the contract is modified or rescinded by the department to the extent allowed under the contract.

AB977,69,15 (f)  Rules and orders.

AB977,69,18 1. All rules promulgated by the office that are in effect on the effective date of this subdivision remain in effect until their specified expiration date or until amended or repealed by the department.

AB977,69,21 2. All orders issued by the office that are in effect on the effective date of this subdivision remain in effect until their specified expiration date or until modified or rescinded by the department.

AB977,69,25 (g) Pending matters. Any matter pending with the office on the effective date of this paragraph is transferred to the department and all materials submitted to or actions taken by the office with respect to the pending matter are considered as having been submitted to or taken by the department.

AB977,70,5 (h) Department of administration to arbitrate disputes. In the case of disagreement between the secretary of transportation and the commissioner of railroads with respect to any matter specified in paragraph (d), (e ), (f), or (g), the department of administration shall determine the matter and shall develop a plan for an orderly transfer.

AB977, s. 195 Section 195. Effective date.

AB977,70,7 (1) This act takes effect on July 1, 2011.

AB977,70,8 (End)