2005 Wisconsin Act 179

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.

179,82 Section 82. 195.19 (title) of the statutes is amended to read:

195.19 (title) Depots; relocation Relocation of facilities.

179,83 Section 83. 195.19 (1) of the statutes is repealed.

179,84 Section 84. 195.19 (2) of the statutes is amended to read:

195.19 (2) Freight Water carrier freight. All railroads water carriers shall keep and maintain adequate and suitable freight depots, buildings, switches and sidetracks and facilities for the receiving, handling and delivering of freight transported or to be transported by such railroads water carriers.

179,85 Section 85. 195.19 (3) of the statutes is repealed.

179,86 Section 86. 195.21 of the statutes is amended to read:

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 water carrier, shall be furnished by such railroad water carrier at a reasonable rental, a site upon its right-of-way or depot grounds, within the yard limits of any station property 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 water carrier and thereby be permitted to remain thereon under the same conditions as provided herein for a public elevator or warehouse; and the office shall, upon application by such owner, if the public interest so requires, by order, direct the railroad water carrier to furnish such site and the office shall make reasonable regulations therefor and in case of disagreement, the office 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 shall prescribe.

179,87 Section 87. 195.22 and 195.24 of the statutes are repealed.

179,88 Section 88. 195.26 of the statutes is amended to read:

195.26 Safety devices; block system. Every railroad and water carrier shall adopt reasonably adequate safety measures and install, operate and maintain reasonably adequate safety devices for the protection of life and property to the extent consistent with federal law. If after investigation the office shall determine that public safety requires it, the office may, if permitted under federal law, order the a railroad to install, operate and maintain a block system or order a railroad or water carrier to install, operate, and maintain any other safety device or measure as may be necessary to render the operation of such the railroad or water carrier reasonably safe.

179,89 Section 89. 195.27 of the statutes is amended to read:

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 hearing, the office determines that the track or structures of any railroad are inadequate or unsafe for the operation of its railroad, the office shall order the railroad to reconstruct or repair the inadequate or unsafe track or structures consistent with federal law.

179,90 Section 90. 195.286 (6) (title) of the statutes is amended to read:

195.286 (6) (title) Penalties relating to fences interference with signs.

179,91 Section 91. 195.286 (7) of the statutes is amended to read:

195.286 (7) Penalties generally. Any person or corporation upon conviction for the violation of any of the provisions of this section, except sub. (6), shall be fined forfeit not less than $10 $100 nor more than $50 $200 for each violation.

179,92 Section 92. 195.305 and 195.33 of the statutes are repealed.

179,93 Section 93. 195.34 of the statutes is amended to read:

195.34 Reports of accidents, investigation. Every railroad water carrier shall report to the office all collisions, derailments or other accidents resulting in injury to persons, equipment or roadway arising from its operation. The office may issue rules concerning the reporting of accidents by water carriers and may also, if public interests require, cause an investigation of any accident. Every railroad shall submit to the office a copy of any accident or injury report provided by the railroad to the applicable federal authority for all collisions, derailments or other accidents resulting in injury to persons, equipment, or roadway arising from its operation. The office may issue rules concerning the submission of copies of federal reports under this section and may also, to the extent permitted by federal law, participate in any accident investigation.

179,94 Section 94. 195.35 (1) of the statutes is amended to read:

195.35 (1) If any director, officer, employee or agent of a railroad or water carrier, in the course of the discharge of his or her duties, willfully, wantonly or recklessly causes to be done or permits to be done any matter, act or thing in this chapter prohibited or declared to be unlawful, or willfully, wantonly or recklessly fails to do any act, matter or thing required to be done by this chapter, the railroad or water carrier shall be liable to the person injured thereby in treble the amount of damages sustained in consequence of the violation. No recovery as in this section provided shall affect a recovery by the state of the penalty prescribed for such violation.

179,95 Section 95. 195.36 of the statutes is amended to read:

195.36 General penalty upon railroads and water carriers. If any railroad or water carrier shall violate any provision of this chapter, or shall do any act herein prohibited, or shall fail or refuse to perform any duty enjoined upon it, for which a penalty has not been provided, or shall fail, neglect or refuse to obey any lawful requirement or order made by the office, or any judgment or decree made by any court upon its application, for every such violation, failure or refusal in respect to any matter prescribed by this chapter such railroad or water carrier shall forfeit not less than $100 nor more than $10,000. The act, omission or failure of any officer, agent or other person employed by any railroad or water carrier, acting within the scope of his or her employment, shall be deemed to be the act, omission or failure of such railroad or water carrier.

179,96 Section 96. 195.37 (title) of the statutes is amended to read:

195.37 (title) Freight Water carrier freight charges; collection, refund.

179,97 Section 97. 195.37 (1) of the statutes is amended to read:

195.37 (1) Complaints, investigations, hearings, findings, refund. The office may direct the department to investigate the complaint of any person aggrieved that the charge exacted by a water carrier for the transportation of property between points in this state, or for any service in connection with transportation of property, or that the charge exacted by a water carrier for the storage of such property, or that any car service or demurrage charge exacted by a water carrier is erroneous, illegal, unusual or exorbitant and shall set the complaint for hearing as provided in s. 195.04 (2) to (4). If the office finds that the rate or charge exacted by a water carrier is erroneous, illegal, unusual or exorbitant, it shall find what would have been a reasonable rate or charge for such service. If the rate or charge so found is less than the charge exacted, the carrier shall refund the excess.

179,98 Section 98. 195.38 of the statutes is amended to read:

195.38 Freight Water carrier freight bills; examination; refunds. Within 3 years after the delivery of any shipment of property at destination by a water carrier, any person, firm or corporation may submit to the office, by mail or in person, any railroad water carrier expense bill or receipt showing charges paid for transportation of such property by freight for the purpose of having the expense bill or receipt examined with respect to the correctness of weights, rates and charges indicated thereon. Upon receipt of any such expense bill or receipt, the office may request the department to make such examination as is necessary, and if it is found that any such weights, rates or charges are incorrect, the office shall order the railroad company water carrier in error to refund to the person, firm or corporation which submitted such expense bills or receipts, any over or excessive charges paid by such person, firm or corporation.

179,99 Section 99. 195.39 of the statutes is renumbered 196.012 and amended to read:

196.012 Interstate commerce. Chapters 190 to 196 apply This chapter applies to interstate commerce only so far as the constitution and laws of the United States permit.

179,100 Section 100. 195.50 of the statutes is amended to read: