AB977,66,1510
350.1395
(2) (b) 2. The department shall hold a hearing on a petition filed under
11subd. 1. after giving notice of the hearing to the rail authority, the snowmobile
12organization, and the
office of the commissioner of railroads department of
13transportation. The hearing shall be a contested case hearing under ch. 227. The
14department's department of natural resources' order shall be a final order subject to
15judicial review under ch. 227.
AB977, s. 190
16Section
190. 350.1395 (2) (b) 3. (intro.) of the statutes is amended to read:
AB977,66,2117
350.1395
(2) (b) 3. (intro.) The department shall grant a rail authority's petition
18under subd. 2. to close or remove a snowmobile rail crossing if, after a hearing under
19subd. 2., and after giving substantial weight to the
office of the commissioner of
20railroads' department of transportation's testimony or report given under s. 195.03
21(30) (b), the department
of natural resources finds that any of the following applies:
AB977, s. 191
22Section
191. 350.1395 (4) (b) of the statutes is amended to read:
AB977,67,323
350.1395
(4) (b) The department may not promulgate a rule under this
24subsection without first consulting with each rail authority in this state that has
25furnished the department with the information required under s. 350.138 (2m), an
1established snowmobile association that represents snowmobile clubs, as defined in
2s. 350.138 (1) (e), in this state, and the
office of the commissioner of railroads 3department of transportation.
AB977, s. 192
4Section
192. 552.23 (1) of the statutes is amended to read:
AB977,67,145
552.23
(1) If the target company is an insurance company subject to regulation
6by the commissioner of insurance, a banking corporation, savings bank, or savings
7and loan association subject to regulation by the division of banking, or a company
8subject to regulation by the public service commission
, or the department of
9transportation,
or the office of the commissioner of railroads, the division of
10securities shall promptly furnish a copy of the registration statement filed under this
11chapter to the regulatory agency having supervision of the target company. Any
12hearing under this chapter involving any such target company shall be held jointly
13with the regulatory agency having supervision, and any determination following the
14hearing shall be made jointly with that regulatory agency.
AB977, s. 193
15Section
193. 945.06 of the statutes is amended to read:
AB977,68,5
16945.06 Public utilities to cease service. When any public utility, common
17carrier, contract carrier, or railroad, subject to the jurisdiction of the public service
18commission
, office of the commissioner of railroads or department of transportation
19of this state, is notified in writing by a federal, state or local law enforcement agency,
20acting within its jurisdiction, that any facility furnished by it is being used or will be
21used for the purpose of transmitting or receiving gambling information in violation
22of the laws of this state it shall discontinue or refuse the leasing, furnishing or
23maintaining of such facility, after reasonable notice to the subscriber, but no
24damages, penalty or forfeiture, civil or criminal, shall be found against any such
25public utility, common carrier, contract carrier or railroad, for any act done in
1compliance with any notice received from a law enforcement agency under this
2section. Nothing in this section shall be deemed to prejudice the right of any person
3affected thereby to secure an appropriate determination as otherwise provided by
4law in any court or tribunal or agency, that such facility should not be discontinued
5or removed, or should be restored.
AB977,68,87
(1) A
bolishing the office of commissioner of railroads; transitional
8provisions.
AB977,68,99
(a)
Definitions. In this subsection:
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101. "Department" means the department of transportation.
AB977,68,12
112. "Division" means the division of hearings and appeals in the department of
12administration.
AB977,68,13
133. "Office" means the office of the commissioner of railroads.
AB977,68,1514
(b)
Assets and liabilities. On the effective date of this paragraph, the assets and
15liabilities of the office shall become the assets and liabilities of the department.
AB977,68,18
171. On the effective date of this subdivision, the position of the commissioner of
18railroads is abolished.
AB977,68,21
192. On the effective date of this subdivision, the following 4.0 FTE PR positions
20and the incumbent employees, identified by the secretary of transportation, holding
21those positions in the office are transferred to the department:
AB977,68,22
22a. One program assistant position.
AB977,68,23
23b. Three regulation compliance investigator positions.
AB977,69,4
243. Employees transferred under subdivision 2. to the department have all of the
25rights and the same status under subchapter V of chapter 111 and chapter 230 of the
1statutes in the department that they enjoyed in the office immediately before the
2transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so
3transferred who has attained permanent status in class is required to serve a
4probationary period.
AB977,69,7
54. On the effective date of this subdivision, the remaining FTE PR positions of
6the office not transferred under subdivision 2
. or abolished under subdivision 1
. are
7deauthorized.
AB977,69,108
(d)
Tangible personal property. On the effective date of this paragraph, all
9tangible personal property, including records, of the office is transferred to the
10department.
AB977,69,1411
(e)
Contracts. All contracts entered into by the office in effect on the effective
12date of this paragraph remain in effect and are transferred to the department. The
13department shall carry out any obligations under such a contract until the contract
14is modified or rescinded by the department to the extent allowed under the contract.
AB977,69,1515
(f)
Rules and orders.
AB977,69,18
161. All rules promulgated by the office that are in effect on the effective date of
17this subdivision remain in effect until their specified expiration date or until
18amended or repealed by the department.
AB977,69,21
192. All orders issued by the office that are in effect on the effective date of this
20subdivision remain in effect until their specified expiration date or until modified or
21rescinded by the department.
AB977,69,2522
(g)
Pending matters. Any matter pending with the office on the effective date
23of this paragraph is transferred to the department and all materials submitted to or
24actions taken by the office with respect to the pending matter are considered as
25having been submitted to or taken by the department.
AB977,70,5
1(h)
Department of administration to arbitrate disputes. In the case of
2disagreement between the secretary of transportation and the commissioner of
3railroads with respect to any matter specified in paragraph (d), (e
), (f), or (g), the
4department of administration shall determine the matter and shall develop a plan
5for an orderly transfer.
AB977,70,77
(1)
This act takes effect on July 1, 2011.