AB150-ASA1-AA4, s. 5188g 25Section 5188g. 195.28 (3) of the statutes is amended to read:
AB150-ASA1-AA4,49,12
1195.28 (3) Maintenance costs. Except as otherwise provided in this
2subsection, the cost of maintaining crossing protection devices ordered under sub. (1)
3shall be the responsibility of the railroad or railroad historical society. Any railroad
4company or railroad historical society that incurs expenses for maintenance of
5signals or other safety devices may file a claim for reimbursement with the
6department regardless of the date of installation of the signals or devices. At the
7close of each fiscal year the department shall reimburse claimants under this
8subsection for 50% of the costs, as determined by the office department, incurred for
9maintenance of railroad crossing protection devices from the appropriation under s.
1020.395 (2) (gq). If the amount in the appropriation under s. 20.395 (2) (gq) is not
11adequate to fund maintenance reimbursement under this subsection, the amount
12shall be prorated in the manner determined by the office department.
AB150-ASA1-AA4, s. 5189g 13Section 5189g. 195.28 (4) of the statutes is amended to read:
AB150-ASA1-AA4,49,1614 195.28 (4) (title) Previous office orders. Subsection (3) applies to
15maintenance costs for all crossing protection devices regardless of any prior order of
16the office
apportioning maintenance costs.
AB150-ASA1-AA4, s. 5190g 17Section 5190g. 195.285 (1) of the statutes is amended to read:
AB150-ASA1-AA4,50,918 195.285 (1) Upon If, upon its own motion or upon the petition of a railroad
19corporation, the department, or the governing body of any city, village, town or
20county asserting that the stopping of vehicles under s. 346.45 at a railroad crossing
21is hazardous to human life, the office shall hold a hearing on the matter as provided
22under s. 195.04. Notice of petition shall be served upon the department, which shall
23be an interested party, and any recommendations it may file with the office regarding
24the hazardous effect of vehicles stopping at such crossings shall be considered as
25evidence in the proceedings. Upon the recommendation of the department and

1concurrence by the office, the petition may be dismissed without holding a hearing.
2If, upon the public hearing, the office
department determines that it would be in the
3public interest to exempt vehicles specified in s. 346.45 from stopping at such grade
4crossing, it may order the public body having jurisdiction over the highway to erect
5signs, signals, markings or other devices exempting such vehicles from stopping at
6the crossing, without a hearing. If a petitioner or interested party objects to an order
7under this subsection within 20 days after the date that the order is issued, the
8department shall refer the order to the division of hearings and appeals for review
9as provided in s. 195.325
.
AB150-ASA1-AA4, s. 5191g 10Section 5191g. 195.285 (2) of the statutes is amended to read:
AB150-ASA1-AA4,50,1411 195.285 (2) Signs placed upon the order of the office department or the division
12of hearings and appeals
under this section shall exempt vehicles from stopping as
13required under s. 346.45, unless a train or engine is occupying or approaching the
14crossing.
AB150-ASA1-AA4, s. 5192g 15Section 5192g. 195.285 (3) of the statutes is amended to read:
AB150-ASA1-AA4,50,2016 195.285 (3) The department shall establish standards for the type of signs,
17signals, markings or other devices for exempting vehicles from stopping as required
18under s. 346.45 and their location in relation to the highway and railroad track. The
19office department may upon petition or its own motion, with or without a hearing,
20order the removal of a sign exempting vehicles from stopping at a crossing.
AB150-ASA1-AA4, s. 5193g 21Section 5193g. 195.286 (2) of the statutes is repealed and recreated to read:
AB150-ASA1-AA4,51,222 195.286 (2) Description and location. The signs shall be constructed, erected
23and located as specified by the manual adopted by the department under s. 84.02 (4)
24(e). This subsection does not apply to any sign complying with s. 195.286 (2) and (3),

11993 stats., on the effective date of this subsection .... [revisor inserts date], until such
2time as the sign is replaced or relocated.
AB150-ASA1-AA4, s. 5194g 3Section 5194g. 195.286 (3) of the statutes is repealed.
AB150-ASA1-AA4, s. 5195g 4Section 5195g. 195.286 (5) of the statutes is amended to read:
AB150-ASA1-AA4,51,85 195.286 (5) Other signs prohibited. No other sign of the general size or
6appearance of the signs provided for in this section shall be placed or permitted upon
7any highway, nor any sign between such advance signs except signs or signals now
8required by law or permitted by the office for protection at railway crossings
.
AB150-ASA1-AA4, s. 5196g 9Section 5196g. 195.286 (8) of the statutes is amended to read:
AB150-ASA1-AA4,51,1310 195.286 (8) Prosecutions. The district attorney shall prosecute any person
11violating this section, or begin and maintain any civil action necessary for its
12enforcement upon the demand of any county highway commissioner, or the
13department, or the office.
AB150-ASA1-AA4, s. 5197g 14Section 5197g. 195.29 (1) of the statutes is amended to read:
AB150-ASA1-AA4,52,1815 195.29 (1) (title) Petition, hearing, Public safety; order. Upon If, upon its own
16initiative or upon
petition by the common council or board of any city, village, town
17or county within or bordering upon which a highway or street crosses a railroad, or
18a highway or street is proposed to be laid out across a railroad, or a public highway
19bridge across a railroad is required to connect existing streets or highways, or upon
20petition by any railroad whose track crosses or is about to cross, or is crossed or about
21to be crossed by a street or highway, or upon petition by the department, in cases
22where provision has been made for the improvement of the highway adjacent to such
23crossing under any state aid or federal aid law, the department determines that
24public safety requires an alteration in such crossing, its approaches, the method of
25crossing, the location of the highway or crossing, or the closing of the crossing, and

1the substitution of another therefor at grade or not at grade, or the removal of
2obstructions to the view at such crossing, the relocation of the highway, or requires
3the determination of the manner of making such new crossing, or of making the
4proposed improvement or promoting the public safety or public convenience through
5any other reasonable method, and praying that the same may be ordered, the office
6shall give notice to the parties in interest and proceed to investigate the same and
7to order a hearing thereon in the manner provided by s. 195.04. The office shall
8determine
the department may issue an appropriate order without a public hearing.
9The department shall make its determination on the basis of investigation and the
10criteria relating to the requirements of public safety promulgated under sub. (9). The
11order shall state
what, if anything, shall be done to promote the public safety and the
12means by which it shall be accomplished, whether by the relocation of the highway,
13the alteration in such crossing, approaches, mode of crossing, location of highway
14crossing, closing of highway crossing, with or without the substitution of another
15therefor, the construction of a public highway bridge, the removal of obstructions to
16sight at crossing, or by the use of other reasonable methods, and by whom the same
17shall be made, and in case of new crossings the advisability of allowing such crossings
18to be established and manner of making them.
AB150-ASA1-AA4, s. 5198g 19Section 5198g. 195.29 (2) of the statutes is amended to read:
AB150-ASA1-AA4,53,320 195.29 (2) Apportionment of expense. The office department shall fix the
21proportion of the cost and expense of alterations, removals and new crossings, or any
22other work ordered, including the damages to any person whose land is taken, and
23the special damages which the owner of any land adjoining the public street or
24highway shall sustain by reason of a change in the grade of such street or highway,
25or by reason of the removal of obstructions to view at such crossings, to be paid or

1borne by the railroad companies and the municipalities in interest. In fixing such
2proportion, the office department may order such cost and expense so apportioned
3to be paid by the parties against which the apportionment shall be made.
AB150-ASA1-AA4, s. 5199g 4Section 5199g. 195.29 (3) of the statutes is amended to read:
AB150-ASA1-AA4,53,165 195.29 (3) Restoration of spur tracks. Whenever the office department shall
6have ordered a separation of the grade of a railway from the grade of a street or
7highway, it may, if safe and practicable and if a necessity exists therefor, order the
8alteration, restoration and connection of any track serving an industry. Demand for
9such restoration shall be in writing and filed with the office department within 90
10days after the date of the order for the separation of grades, and any such track for
11which no such demand shall have been made shall be deemed abandoned. If the
12office department shall order the alteration, restoration and connection of any such
13track, it shall by its order apportion the cost thereof between the owner of the
14industry served and the railway company, in such proportion as to the office
15department may seem just and equitable; and the office department shall in its order
16prescribe the terms and conditions for securing the payment of such cost.
AB150-ASA1-AA4, s. 5200g 17Section 5200g. 195.29 (4) of the statutes is amended to read:
AB150-ASA1-AA4,54,1818 195.29 (4) Grade separation in Milwaukee county. The office department may
19upon petition of any town, city or village, or upon its own motion, when the interests
20of the public demand it and it is found practicable so to do, establish the grade of the
21tracks of any railroad, or of all the railroads throughout any county having a
22population of 500,000 or more, or any part thereof, and the grades of the streets or
23highways, or any of them, where they cross such railroad track or tracks, in
24anticipation of the future separation of grades of the railroad tracks from the grades
25of such streets or highways. The office department, before making any such order,

1shall mail notice to the railroad company or companies affected, the owners or
2occupants of any building abutting on that part of the railroad the grade of which is
3to be established, all 1st class cities in the county, and if the grades to be established
4are outside the 1st class city, the towns, cities or villages in which such grades are
5to be established, of the filing of such petition or that the office department
6contemplates establishing such grades, and fixing a time at which the 1st class cities
7and such other towns, cities or villages and the railroad company or companies
8affected thereby and any other person or corporation interested therein may be
9heard. The grades so established under this subsection shall be described by
10reference to a base or datum line to be established by the office department, from
11which all elevations and the height of all grades shall be measured, and the grades
12so established shall be such that when brought to the established grade the railroad
13tracks will cross the streets and highways above or below the same. Such order shall
14not necessarily require a present change in grade but the office department may at
15any time order the railroad track or tracks and the street and highways brought to
16the grade established or any street or highways closed by the order, in accordance
17with sub. (1), and may, at the time of making the order, apportion the cost of
18separating the grades as provided in sub. (2).
AB150-ASA1-AA4, s. 5201g 19Section 5201g. 195.29 (5) of the statutes is amended to read:
AB150-ASA1-AA4,55,1420 195.29 (5) Elimination of grade crossings, costs. Upon If, upon its own
21initiative or upon
petition of the department, or of the common council or board of
22any city, village, town or county, alleging that one or more of them have undertaken
23or propose to undertake to relocate or improve an existing highway or to construct
24a new highway in such manner as to eliminate a highway grade crossing with any
25railroad or so as to permanently divert a material portion of the highway traffic from

1a highway grade crossing with any railroad, the office shall issue notice of
2investigation and hearing, as provided in s. 195.04. If upon such hearing the office

3department finds that the public safety will be promoted by the highway relocation,
4improvement or new construction, the office department shall order the old crossings
5closed and new crossings opened as are deemed necessary for public safety. The
6department may issue an appropriate order without a public hearing.
The order
7shall require the railroad company or companies to pay to the interested
8municipality or municipalities such sum as the office department finds to be an
9equitable portion of the cost of the highway relocation, improvement or new
10construction, if the work is performed by the municipalities; or to the state treasurer
11secretary of administration if the work is performed by the state; or to the proper
12county treasurer if the work is performed by the county. The sum shall be added to
13the joint fund available for the improvement and may be expended in like manner
14as the other portions of the fund.
AB150-ASA1-AA4, s. 5202g 15Section 5202g. 195.29 (6) of the statutes is amended to read:
AB150-ASA1-AA4,56,1516 195.29 (6) View at crossings; trees and brush near crossings; forfeiture.
17Every railroad shall keep its right-of-way clear of brush or trees for a distance of not
18less than 330 feet in each direction from the center of its intersection at grade with
19any public highway, and for such further distance as is necessary to provide an
20adequate view of approaching trains, from the highway. Every municipality shall
21keep the public highways within its jurisdiction clear of brush and shall adequately
22trim all trees within 330 feet of the center of any railroad highway grade crossing.
23Every person or corporation owning or occupying any land adjacent to any railroad
24highway grade crossing shall keep all brush cut and adequately trim all trees on the
25land within the triangles bounded on 2 sides by the railway and the highway, and on

1the 3rd side by a line connecting points on the center lines of the railway and the
2highway, 330 feet from the intersection of the center lines. The office department,
3upon its own motion, or upon any complaint to the effect that any work required by
4this subsection has not been performed, after due notice and hearing, may order the
5corporation, municipality or person at fault to perform the work; provided, however,
6that if the physical conditions at any crossing are such that the performance of the
7required work will not materially improve the view for highway traffic, or, if
8unreasonable loss would be caused thereby, the office department may excuse the
9party in interest from performing the same. The office department may also order
10the cutting of brush and the trimming of trees at private farm crossings as may be
11necessary and reasonable. If any person shall violate any provision of this section,
12or shall fail, neglect or refuse to obey any order made by the office department or the
13division of hearings and appeals
under this section, or any judgment or decree made
14by any court upon such an order, for every such violation, failure or refusal such
15person shall forfeit not less than $25 nor more than $150.
AB150-ASA1-AA4, s. 5203g 16Section 5203g. 195.29 (7) of the statutes is amended to read:
AB150-ASA1-AA4,56,2017 195.29 (7) Structure requirements. Whenever the office department shall
18order the construction or reconstruction of a crossing not at grade, it may direct that
19the structure required shall be of such character and constructed of such materials
20as it shall deem appropriate to the situation and necessary for the public interest.
AB150-ASA1-AA4, s. 5204g 21Section 5204g. 195.29 (9) of the statutes is created to read:
AB150-ASA1-AA4,56,2522 195.29 (9) Rules. The department shall promulgate a rule establishing criteria
23for determining the requirements of public safety with respect to railroad highway
24crossings under this section. The rule shall include criteria for apportioning
25expenses under this section.
AB150-ASA1-AA4, s. 5205g
1Section 5205g. 195.29 (10) of the statutes is created to read:
AB150-ASA1-AA4,57,52 195.29 (10) Review of department orders. If a petitioner, railroad or any
3interested party objects to an order under this section within 20 days after the date
4that the order is issued, the department shall refer the order to the division of
5hearings and appeals for review as provided in s. 195.325.
AB150-ASA1-AA4, s. 5206g 6Section 5206g. 195.295 of the statutes is created to read:
AB150-ASA1-AA4,57,22 7195.295 Highway crossings; public warning. Notwithstanding s. 195.28,
8195.285, 195.286, 195.29 or 195.30, the department shall monitor and investigate all
9railroad highway grade crossings in this state, and determine, by order, rule or
10otherwise, for each crossing whether any warning devices, advance warning signs
11or other warning measures shall be required to protect and promote public safety.
12The department may make a determination under this section without a hearing.
13Any device, sign or other measure, installed or maintained at a crossing, that
14conforms to a determination of the department under this section or, if no such
15determination has been made, that was approved by the office of the commissioner
16of transportation under ch. 195, 1991 stats., or the office of the commissioner of
17railroads under ch. 195, 1993 stats., before the effective date of this section ....
18[revisor inserts date], whether by order or otherwise, shall be considered adequate
19and appropriate warning for the crossing. If a railroad or interested party objects
20to an order under this section within 20 days after the date that the order is issued,
21the department shall refer the order to the division of hearings and appeals for
22review as provided in s. 195.325.
AB150-ASA1-AA4, s. 5207g 23Section 5207g. 195.30 (1) of the statutes is amended to read:
AB150-ASA1-AA4,58,1724 195.30 (1) Upon a petition by the common council of any city, or the board of
25any village, town or county within which a railroad crosses another railroad at grade,

1or by any such railroad, that public safety requires an alteration in the crossing or
2the installation of protective appliances, the office shall give notice to the parties in
3interest, and proceed to investigate the same and may order a hearing on the matter.
4The office shall determine what alteration in such crossing, if any, shall
or on its own
5motion, the department may investigate the matter and determine what alteration
6in the crossing, if any, is necessary. The department shall make its determination
7on the basis of the criteria for public safety requirements promulgated as rules under
8ss. 84.05 and 195.28. The department may issue an order, with or without a hearing,
9specifying an alteration to
be made, and by whom made and maintained, or what
10protective appliances shall be installed, operated and maintained at the crossing and
11by whom installed, operated and maintained. The office department's order shall fix
12the proportion of the cost and expense of such change in grade and maintenance of
13the crossing or of the installation, operation and maintenance of the safety appliance
14which shall be paid by the railroad companies, respectively. If an interested party
15objects to the order and requests a hearing within 20 days after the date on which
16the order is issued, the department shall refer the matter to the division of hearings
17and appeals for review as provided in s. 195.325.
AB150-ASA1-AA4, s. 5208g 18Section 5208g. 195.305 of the statutes is amended to read:
AB150-ASA1-AA4,59,2 19195.305 Railroad crossings; grade; expense. Whenever a railroad
20proposes to cross, intersect, join or unite its track with another railroad track, the
21surface road of the proposed track shall be above, below or at grade of the tracks
22proposed to be crossed as the office division of hearings and appeals determines after
23hearing the parties upon reasonable notice. In its determination, the office division
24of hearings and appeals
shall fix the proportion of the expense of originally

1constructing, operating, and maintaining such crossing, intersecting, joining or
2uniting which shall be paid by the owners of the tracks respectively.
AB150-ASA1-AA4, s. 5209g 3Section 5209g. 195.31 of the statutes is amended to read:
AB150-ASA1-AA4,60,12 4195.31 Bridges made safe. Whenever a complaint is lodged with the office
5department by the common council of any city, the village board of any village, a
6member of a town board, or a supervisor of highways, or by 5 or more electors and
7taxpayers in any town, or 5 or more electors of the county in which such bridge is
8located, and who are users of such bridge or railway, to the effect that a bridge erected
9over a stream intersecting a public highway or highways upon which a railway is
10constructed and operated, is unsafe and dangerous to travelers over such highway
11or highways or bridge or railroad, and that public safety requires the alteration, the
12repair or reconstruction of such bridge, or the substitution of another bridge therefor,
13it shall be the duty of the office to give notice to the party or parties in interest, other
14than the petitioners, of the filing of such complaint, and to furnish a copy of the
15complaint to the party or parties in interest other than the petitioners, and to order
16a hearing thereon, in the manner provided for hearings in ss. 195.04 to 195.043. The
17office
the department shall investigate the matter. The department may proceed in
18a similar manner in the absence of a petition when, in the opinion of the office
19department, public safety requires the alteration, repair or reconstruction of a bridge
20or the substitution of another bridge for the bridge in question. After the hearing,
21the office
The department shall determine what alteration or repair or
22reconstruction of such bridge, and the approaches thereto, shall be made, or if it shall
23determine
determines that public safety requires the substitution of a new bridge,
24it shall determine the character, manner of construction and location of such bridge
25and the approaches thereto. The office department shall fix the proportion of the cost

1and expense of such alteration, repair, reconstruction or substitution of a new bridge,
2including the damage to any person whose land is taken, and the special damage
3which the owner of any land adjoining the approaches to said bridge shall sustain
4by reason of the alteration, repair, reconstruction or substitution of a new bridge,
to
5be paid by the railroad company and the city, village or town in interest. The
6department may issue appropriate orders incorporating its determinations and may
7proceed without a hearing on the matter. The department shall make its
8determinations on the basis of investigation and criteria for bridge safety
9promulgated by rule. If a petitioner or interested party objects to an order under this
10section within 20 days after the date that the order is issued, the department shall
11refer the order to the division of hearings and appeals for review as provided in s.
12195.325.
AB150-ASA1-AA4, s. 5210g 13Section 5210g. 195.32 of the statutes is amended to read:
AB150-ASA1-AA4,61,5 14195.32 Safety gates on drawbridges. Whenever a complaint is filed with
15the office department to the effect that any drawbridge is not equipped with gates
16or other safety devices, the office department may notify the proper party or parties
17in interest of the complaint, and may proceed to investigate the complaint and to hold
18a hearing on the matter in the manner provided for hearings in ss. 195.04 to 195.043

19matter. If after the investigation the office department determines that public safety
20requires the erection and maintenance of gates or other safety devices at the points
21mentioned in the complaint, it may order the county, city, village, town, corporation
22or person whose duty it is to maintain such bridge to erect and maintain at such
23points such gates or other safety devices as the office department prescribes. The
24office department may conduct the investigations, hold the hearings and make the
25orders provided for in this section upon its own motion in the same manner and with

1the same effect as though a complaint were filed. The department shall make its
2determination on the basis of the investigation and criteria for drawbridge safety
3promulgated by rule. If an interested party objects to an order under this section
4within 20 days after the date that the order is issued, the department shall refer the
5order to the division of hearings and appeals for review.
AB150-ASA1-AA4, s. 5211g 6Section 5211g. 195.325 of the statutes is created to read:
AB150-ASA1-AA4,61,12 7195.325 Review of department orders on crossings and bridges. If an
8order of the department under s. 195.28, 195.285, 195.29, 195.295, 195.30, 195.31 or
9195.32 is referred to the division of hearings and appeals for review, the division of
10hearings and appeals shall review the order under s. 85.013 (3) in light of the
11application of the criteria relating to the matter promulgated as rules by the
12department.
AB150-ASA1-AA4, s. 5212g 13Section 5212g. 195.33 of the statutes is repealed.
AB150-ASA1-AA4, s. 5213g 14Section 5213g. 195.34 of the statutes is amended to read:
AB150-ASA1-AA4,61,19 15195.34 Reports of accidents, investigation. Every railroad shall report to
16the office department all collisions, derailments or other accidents resulting in injury
17to persons, equipment or roadway arising from its operation. The office department
18may issue rules concerning the reporting of accidents and may also, if public
19interests require, cause an investigation of any accident.
AB150-ASA1-AA4, s. 5214g 20Section 5214g. 195.36 of the statutes is amended to read:
AB150-ASA1-AA4,62,5 21195.36 General penalty upon railroads. If any railroad shall violate any
22provision of this chapter, or shall do any act herein prohibited, or shall fail or refuse
23to perform any duty enjoined upon it, for which a penalty has not been provided, or
24shall fail, neglect or refuse to obey any lawful requirement or order made by the office
25department or division of hearings and appeals, or any judgment or decree made by

1any court upon its application, for every such violation, failure or refusal in respect
2to any matter prescribed by this chapter such railroad shall forfeit not less than $100
3nor more than $10,000. The act, omission or failure of any officer, agent or other
4person employed by any railroad, acting within the scope of his or her employment,
5shall be deemed to be the act, omission or failure of such railroad.
AB150-ASA1-AA4, s. 5215g 6Section 5215g. 195.37 of the statutes is repealed.
AB150-ASA1-AA4, s. 5216g 7Section 5216g. 195.38 of the statutes is repealed.
AB150-ASA1-AA4, s. 5217g 8Section 5217g. 195.45 (1) of the statutes is amended to read:
AB150-ASA1-AA4,62,139 195.45 (1) No person shall operate as a common carrier of passengers or
10property by water except in accordance with the terms and conditions of a certificate
11of public convenience and necessity issued by the office. The office shall issue any
12certificate upon a finding that the service proposed to be performed is in the public
13interest and required by public convenience and necessity
department.
AB150-ASA1-AA4, s. 5218g 14Section 5218g. 195.45 (2) of the statutes is amended to read:
AB150-ASA1-AA4,62,1715 195.45 (2) Application for the certificate shall be made on forms furnished by
16the office department and shall contain such information as the office department
17requires.
AB150-ASA1-AA4, s. 5219g 18Section 5219g. 195.45 (4) of the statutes is amended to read:
AB150-ASA1-AA4,62,2019 195.45 (4) The office department may promulgate rules for the operation of this
20section.
AB150-ASA1-AA4, s. 5220g 21Section 5220g. 195.50 (1) of the statutes is amended to read:
AB150-ASA1-AA4,63,922 195.50 (1) Any officer, agent or employe of any railroad who fails to fill out and
23return any forms required by this chapter, or fails to answer any question therein,
24or knowingly gives a false answer to any such question, or evades the answer to any
25such question where the fact inquired of is within his or her knowledge, or who, upon

1proper demand, fails to exhibit to the office or department or division of hearings and
2appeals
or any person authorized to examine the same, any book, paper, account,
3record or memoranda of such railroad which is in the possession or under control of
4the officer, agent or employe, or who fails to properly use and keep the system of
5accounting prescribed by the office department, or who refuses to do any act or thing
6in connection with such system of accounting when so directed by the office or its
7department, the division of hearings and appeals or their authorized
8representatives, shall forfeit not less than $100 nor more than $1,000 for each
9offense.
AB150-ASA1-AA4, s. 5221g 10Section 5221g. 195.60 (title) of the statutes is amended to read:
AB150-ASA1-AA4,63,11 11195.60 (title) Payment of office department expenses by railroads.
AB150-ASA1-AA4, s. 5222g 12Section 5222g. 195.60 (1) of the statutes is amended to read:
AB150-ASA1-AA4,64,1313 195.60 (1) Whenever the office department in a proceeding upon its own
14motion, on complaint, or upon an application to it deems it necessary in order to carry
15out the duties imposed upon it by law to investigate the books, accounts, practices
16and activities of, or make appraisals of the property of any railroad or to render any
17engineering or accounting services to any railroad, the railroad shall pay the
18expenses attributable to such investigation, appraisal or service. The office
19department shall ascertain such expenses, including all expenses incurred by the
20department at the request or direction of the office
and shall render a bill therefor,
21by mail, to the railroad, either at the conclusion of the investigation, appraisal or
22services, or during its progress. The bill shall constitute notice of assessment and
23demand of payment thereof. The railroad shall, within 30 days after the mailing
24thereof, pay to the office department the amount of the special expense for which it
25is billed. Ninety percent of the payment shall be credited to the appropriation

1account under s. 20.155 (2) (g).
The total amount, in any one calendar year, for which
2any railroad becomes liable, by reason of costs incurred by the office department
3within such calendar year, shall not exceed four-fifths of one percent of its gross
4operating revenues derived from intrastate operations in the last preceding calendar
5year. Where, under this subsection, costs are incurred within any calendar year,
6which are in excess of four-fifths of one percent of such gross operating revenues, the
7excess costs shall not be chargeable as part of the remainder under sub. (2) but shall
8be paid out of the general appropriation to the office department. Nothing in this
9subsection shall prevent the office department from rendering bills in one calendar
10year for costs incurred within a previous year. For the purpose of calculating the
11costs of investigations, appraisals and other services under this subsection, 90% of
12the costs determined shall be costs of the office department and 10% of the costs
13determined shall be costs of state government operations.
AB150-ASA1-AA4, s. 5223g 14Section 5223g. 195.60 (2) of the statutes is amended to read:
AB150-ASA1-AA4,65,715 195.60 (2) The office department shall annually, within 90 days after the close
16of each fiscal year, ascertain the total of its expenditures during such year which are
17reasonably attributable to the performance of its duties relating to railroads. For
18purposes of such calculation, 90% of the expenditures so determined shall be
19expenditures of the office department and 10% of the expenditures so determined
20shall be expenditures for state government operations. The office department shall
21deduct therefrom all amounts chargeable to railroads under sub. (1) and s. 184.10 (3).
22A sum equal to the remainder plus 10% of the remainder shall be assessed by the
23office department to the several railroads in proportion to their respective gross
24operating revenues during the last calendar year, derived from intrastate
25operations. Such assessment shall be paid within 30 days after the bill has been

1mailed to the several railroads, which bill shall constitute notice of assessment and
2demand of payment thereof. The total amount which may be assessed to the
3railroads under authority of this subsection shall not exceed one percent of the total
4gross operating revenues of such railroads, during such calendar year, derived from
5intrastate operations. Ninety percent of the payment shall be credited to the
6appropriation account under s. 20.155 (2) (g).
The railroads shall furnish such
7financial information as the office department requires.".
AB150-ASA1-AA4,65,9 8142. Page 1570, line 24: delete "office, the office" and substitute: " office
9division of hearings and appeals, the office department".
AB150-ASA1-AA4,65,10 10143. Page 1571, line 1: delete "office" and substitute: "office department".
AB150-ASA1-AA4,65,11 11144. Page 1571, line 11: after that line insert:
AB150-ASA1-AA4,65,12 12" Section 5226g. 195.60 (4) (a) of the statutes is amended to read:
AB150-ASA1-AA4,65,2413 195.60 (4) (a) Within 30 days after the date of the mailing of any bill as provided
14by subs. (1) and (2), the railroad against which such bill has been rendered may file
15with the office division of hearings and appeals objections setting out in detail the
16grounds upon which the objector regards the bill to be excessive, erroneous, unlawful
17or invalid. The office division of hearings and appeals, after notice to the objector,
18shall hold a hearing upon such objections, not less than 5 nor more than 10 days after
19such notice. If after such hearing the office division of hearings and appeals finds
20any part of the bill to be excessive, erroneous, unlawful or invalid it shall record its
21findings upon its minutes with respect to the objections and transmit to the objector
22an amended bill, in accordance with such findings. The amended bill shall have in
23all ways the same force and effect under this section as an original bill rendered
24under subs. (1) and (2).
AB150-ASA1-AA4, s. 5227g
1Section 5227g. 195.60 (4) (b) of the statutes is amended to read:
AB150-ASA1-AA4,66,42 195.60 (4) (b) If after the hearing the office division of hearings and appeals
3finds the entire bill unlawful or invalid, it shall notify the objector of such
4determination, in which case the original bill shall be deemed void.
AB150-ASA1-AA4, s. 5228g 5Section 5228g. 195.60 (4) (c) of the statutes is amended to read:
AB150-ASA1-AA4,66,96 195.60 (4) (c) If after the hearing the office division of hearings and appeals
7finds that the bill as rendered is neither excessive, erroneous, unlawful or invalid,
8either in whole or in part, it shall record such findings upon its minutes with respect
9to the objections
, and transmit to the objector notice of such finding.".
AB150-ASA1-AA4,66,12 10145. Page 1571, line 15: delete "office has been mailed to the objector, the
11office" and substitute: "office division of hearings and appeals has been mailed to the
12objector, the office department".
AB150-ASA1-AA4,66,13 13146. Page 1571, line 20: delete "office" and substitute: "office department".
AB150-ASA1-AA4,66,14 14147. Page 1572, line 12: after that line insert:
AB150-ASA1-AA4,66,15 15" Section 5230g. 195.60 (6) of the statutes is amended to read:
AB150-ASA1-AA4,66,2216 195.60 (6) No action for recovery of any amount paid under this section shall
17be maintained in any court unless objections have been filed with the office division
18of hearings and appeals
as provided in this section. In any action for recovery of any
19payments made under this section the claimant shall be entitled to raise every
20relevant issue of law, but the office's findings of fact of the division of hearings and
21appeals
made pursuant to this section shall be prima facie evidence of the facts
22therein stated.
AB150-ASA1-AA4, s. 5231g 23Section 5231g. 195.60 (7) (intro.) of the statutes is repealed.
AB150-ASA1-AA4, s. 5232g
1Section 5232g. 195.60 (7) (a) of the statutes is renumbered 195.60 (7) and
2amended to read:
AB150-ASA1-AA4,67,53 195.60 (7) Determinations of fact expressed in bills rendered under this
4section; and shall be considered to be findings of fact of the division of hearings and
5appeals, within the meaning of this section.
AB150-ASA1-AA4, s. 5233g 6Section 5233g. 195.60 (7) (b) of the statutes is repealed.".
AB150-ASA1-AA4,67,7 7148. Page 1572, line 12: delete that line and substitute: "office department.".
AB150-ASA1-AA4,67,8 8149. Page 1574, line 25: restore the stricken material.
AB150-ASA1-AA4,67,9 9150. Page 1575, line 1: on lines 1 and 2, restore the stricken material.
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