AB977: Bill Text

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)