Amendment AA4-ASA1-AB150

AB150-ASA1-AA4, s. 5205g Section 5205g. 195.29 (10) of the statutes is created to read:

AB150-ASA1-AA4,57,5 195.29 (10) Review of department orders. If a petitioner, railroad or any interested party objects to an order under this section within 20 days after the date that the order is issued, the department shall refer the order to the division of hearings and appeals for review as provided in s. 195.325.

AB150-ASA1-AA4, s. 5206g Section 5206g. 195.295 of the statutes is created to read:

AB150-ASA1-AA4,57,22 195.295 Highway crossings; public warning. Notwithstanding s. 195.28, 195.285, 195.286, 195.29 or 195.30, the department shall monitor and investigate all railroad highway grade crossings in this state, and determine, by order, rule or otherwise, for each crossing whether any warning devices, advance warning signs or other warning measures shall be required to protect and promote public safety. The department may make a determination under this section without a hearing. Any device, sign or other measure, installed or maintained at a crossing, that conforms to a determination of the department under this section or, if no such determination has been made, that was approved by the office of the commissioner of transportation under ch. 195, 1991 stats., or the office of the commissioner of railroads under ch. 195, 1993 stats., before the effective date of this section .... [revisor inserts date], whether by order or otherwise, shall be considered adequate and appropriate warning for the crossing. If a railroad or interested party objects to an order under this section within 20 days after the date that the order is issued, the department shall refer the order to the division of hearings and appeals for review as provided in s. 195.325.

AB150-ASA1-AA4, s. 5207g Section 5207g. 195.30 (1) of the statutes is amended to read:

AB150-ASA1-AA4,58,17 195.30 (1) Upon a petition by the common council of any city, or the board of any village, town or county within which a railroad crosses another railroad at grade, or by any such railroad, that public safety requires an alteration in the crossing or the installation of protective appliances, the office shall give notice to the parties in interest, and proceed to investigate the same and may order a hearing on the matter. The office shall determine what alteration in such crossing, if any, shall or on its own motion, the department may investigate the matter and determine what alteration in the crossing, if any, is necessary. The department shall make its determination on the basis of the criteria for public safety requirements promulgated as rules under ss. 84.05 and 195.28. The department may issue an order, with or without a hearing, specifying an alteration to be made, and by whom made and maintained, or what protective appliances shall be installed, operated and maintained at the crossing and by whom installed, operated and maintained. The office department's order shall fix the proportion of the cost and expense of such change in grade and maintenance of the crossing or of the installation, operation and maintenance of the safety appliance which shall be paid by the railroad companies, respectively. If an interested party objects to the order and requests a hearing within 20 days after the date on which the order is issued, the department shall refer the matter to the division of hearings and appeals for review as provided in s. 195.325.

AB150-ASA1-AA4, s. 5208g Section 5208g. 195.305 of the statutes is amended to read:

AB150-ASA1-AA4,59,2 195.305 Railroad crossings; grade; expense. Whenever a railroad proposes to cross, intersect, join or unite its track with another railroad track, the surface road of the proposed track shall be above, below or at grade of the tracks proposed to be crossed as the office division of hearings and appeals determines after hearing the parties upon reasonable notice. In its determination, the office division of hearings and appeals shall fix the proportion of the expense of originally constructing, operating, and maintaining such crossing, intersecting, joining or uniting which shall be paid by the owners of the tracks respectively.

AB150-ASA1-AA4, s. 5209g Section 5209g. 195.31 of the statutes is amended to read:

AB150-ASA1-AA4,60,12 195.31 Bridges made safe. Whenever a complaint is lodged with the office department by the common council of any city, the village board of any village, a member of a town board, or a supervisor of highways, or by 5 or more electors and taxpayers in any town, or 5 or more electors of the county in which such bridge is located, and who are users of such bridge or railway, to the effect that a bridge erected over a stream intersecting a public highway or highways upon which a railway is constructed and operated, is unsafe and dangerous to travelers over such highway or highways or bridge or railroad, and that public safety requires the alteration, the repair or reconstruction of such bridge, or the substitution of another bridge therefor, it shall be the duty of the office to give notice to the party or parties in interest, other than the petitioners, of the filing of such complaint, and to furnish a copy of the complaint to the party or parties in interest other than the petitioners, and to order a hearing thereon, in the manner provided for hearings in ss. 195.04 to 195.043. The office the department shall investigate the matter. The department may proceed in a similar manner in the absence of a petition when, in the opinion of the office department, public safety requires the alteration, repair or reconstruction of a bridge or the substitution of another bridge for the bridge in question. After the hearing, the office The department shall determine what alteration or repair or reconstruction of such bridge, and the approaches thereto, shall be made, or if it shall determine determines that public safety requires the substitution of a new bridge, it shall determine the character, manner of construction and location of such bridge and the approaches thereto. The office department shall fix the proportion of the cost and expense of such alteration, repair, reconstruction or substitution of a new bridge, including the damage to any person whose land is taken, and the special damage which the owner of any land adjoining the approaches to said bridge shall sustain by reason of the alteration, repair, reconstruction or substitution of a new bridge, to be paid by the railroad company and the city, village or town in interest. The department may issue appropriate orders incorporating its determinations and may proceed without a hearing on the matter. The department shall make its determinations on the basis of investigation and criteria for bridge safety promulgated by rule. If a petitioner or interested party objects to an order under this section within 20 days after the date that the order is issued, the department shall refer the order to the division of hearings and appeals for review as provided in s. 195.325.

AB150-ASA1-AA4, s. 5210g Section 5210g. 195.32 of the statutes is amended to read:

AB150-ASA1-AA4,61,5 195.32 Safety gates on drawbridges. Whenever a complaint is filed with the office department to the effect that any drawbridge is not equipped with gates or other safety devices, the office department may notify the proper party or parties in interest of the complaint, and may proceed to investigate the complaint and to hold a hearing on the matter in the manner provided for hearings in ss. 195.04 to 195.043 matter. If after the investigation the office department determines that public safety requires the erection and maintenance of gates or other safety devices at the points mentioned in the complaint, it may order the county, city, village, town, corporation or person whose duty it is to maintain such bridge to erect and maintain at such points such gates or other safety devices as the office department prescribes. The office department may conduct the investigations, hold the hearings and make the orders provided for in this section upon its own motion in the same manner and with the same effect as though a complaint were filed. The department shall make its determination on the basis of the investigation and criteria for drawbridge safety promulgated by rule. If an interested party objects to an order under this section within 20 days after the date that the order is issued, the department shall refer the order to the division of hearings and appeals for review.

AB150-ASA1-AA4, s. 5211g Section 5211g. 195.325 of the statutes is created to read:

AB150-ASA1-AA4,61,12 195.325 Review of department orders on crossings and bridges. If an order of the department under s. 195.28, 195.285, 195.29, 195.295, 195.30, 195.31 or 195.32 is referred to the division of hearings and appeals for review, the division of hearings and appeals shall review the order under s. 85.013 (3) in light of the application of the criteria relating to the matter promulgated as rules by the department.

AB150-ASA1-AA4, s. 5212g Section 5212g. 195.33 of the statutes is repealed.

AB150-ASA1-AA4, s. 5213g Section 5213g. 195.34 of the statutes is amended to read:

AB150-ASA1-AA4,61,19 195.34 Reports of accidents, investigation. Every railroad shall report to the office department all collisions, derailments or other accidents resulting in injury to persons, equipment or roadway arising from its operation. The office department may issue rules concerning the reporting of accidents and may also, if public interests require, cause an investigation of any accident.

AB150-ASA1-AA4, s. 5214g Section 5214g. 195.36 of the statutes is amended to read:

AB150-ASA1-AA4,62,5 195.36 General penalty upon railroads. If any railroad 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 department or division of hearings and appeals, 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 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, acting within the scope of his or her employment, shall be deemed to be the act, omission or failure of such railroad.

AB150-ASA1-AA4, s. 5215g Section 5215g. 195.37 of the statutes is repealed.

AB150-ASA1-AA4, s. 5216g Section 5216g. 195.38 of the statutes is repealed.

AB150-ASA1-AA4, s. 5217g Section 5217g. 195.45 (1) of the statutes is amended to read:

AB150-ASA1-AA4,62,13 195.45 (1) No person shall operate as a common carrier of passengers or property by water except in accordance with the terms and conditions of a certificate of public convenience and necessity issued by the office. The office shall issue any certificate upon a finding that the service proposed to be performed is in the public interest and required by public convenience and necessity department.

AB150-ASA1-AA4, s. 5218g Section 5218g. 195.45 (2) of the statutes is amended to read:

AB150-ASA1-AA4,62,17 195.45 (2) Application for the certificate shall be made on forms furnished by the office department and shall contain such information as the office department requires.

AB150-ASA1-AA4, s. 5219g Section 5219g. 195.45 (4) of the statutes is amended to read:

AB150-ASA1-AA4,62,20 195.45 (4) The office department may promulgate rules for the operation of this section.

AB150-ASA1-AA4, s. 5220g Section 5220g. 195.50 (1) of the statutes is amended to read:

AB150-ASA1-AA4,63,9 195.50 (1) Any officer, agent or employe of any railroad who fails to fill out and return any forms required by this chapter, or fails to answer any question therein, or knowingly gives a false answer to any such question, or evades the answer to any such question where the fact inquired of is within his or her knowledge, or who, upon proper demand, fails to exhibit to the office or department or division of hearings and appeals or any person authorized to examine the same, any book, paper, account, record or memoranda of such railroad which is in the possession or under control of the officer, agent or employe, or who fails to properly use and keep the system of accounting prescribed by the office department, or who refuses to do any act or thing in connection with such system of accounting when so directed by the office or its department, the division of hearings and appeals or their authorized representatives, shall forfeit not less than $100 nor more than $1,000 for each offense.

AB150-ASA1-AA4, s. 5221g Section 5221g. 195.60 (title) of the statutes is amended to read:

AB150-ASA1-AA4,63,11 195.60 (title) Payment of office department expenses by railroads.

AB150-ASA1-AA4, s. 5222g Section 5222g. 195.60 (1) of the statutes is amended to read:

AB150-ASA1-AA4,64,13 195.60 (1) Whenever the office department in a proceeding upon its own motion, on complaint, or upon an application to it deems it necessary in order to carry out the duties imposed upon it by law to investigate the books, accounts, practices and activities of, or make appraisals of the property of any railroad or to render any engineering or accounting services to any railroad, the railroad shall pay the expenses attributable to such investigation, appraisal or service. The office department shall ascertain such expenses, including all expenses incurred by the department at the request or direction of the office and shall render a bill therefor, by mail, to the railroad, either at the conclusion of the investigation, appraisal or services, or during its progress. The bill shall constitute notice of assessment and demand of payment thereof. The railroad shall, within 30 days after the mailing thereof, pay to the office department the amount of the special expense for which it is billed. Ninety percent of the payment shall be credited to the appropriation account under s. 20.155 (2) (g). The total amount, in any one calendar year, for which any railroad becomes liable, by reason of costs incurred by the office department within such calendar year, shall not exceed four-fifths of one percent of its gross operating revenues derived from intrastate operations in the last preceding calendar year. Where, under this subsection, costs are incurred within any calendar year, which are in excess of four-fifths of one percent of such gross operating revenues, the excess costs shall not be chargeable as part of the remainder under sub. (2) but shall be paid out of the general appropriation to the office department. Nothing in this subsection shall prevent the office department from rendering bills in one calendar year for costs incurred within a previous year. For the purpose of calculating the costs of investigations, appraisals and other services under this subsection, 90% of the costs determined shall be costs of the office department and 10% of the costs determined shall be costs of state government operations.

AB150-ASA1-AA4, s. 5223g Section 5223g. 195.60 (2) of the statutes is amended to read:

AB150-ASA1-AA4,65,7 195.60 (2) The office department shall annually, within 90 days after the close of each fiscal year, ascertain the total of its expenditures during such year which are reasonably attributable to the performance of its duties relating to railroads. For purposes of such calculation, 90% of the expenditures so determined shall be expenditures of the office department and 10% of the expenditures so determined shall be expenditures for state government operations. The office department shall deduct therefrom all amounts chargeable to railroads under sub. (1) and s. 184.10 (3). A sum equal to the remainder plus 10% of the remainder shall be assessed by the office department to the several railroads in proportion to their respective gross operating revenues during the last calendar year, derived from intrastate operations. Such assessment shall be paid within 30 days after the bill has been mailed to the several railroads, which bill shall constitute notice of assessment and demand of payment thereof. The total amount which may be assessed to the railroads under authority of this subsection shall not exceed one percent of the total gross operating revenues of such railroads, during such calendar year, derived from intrastate operations. Ninety percent of the payment shall be credited to the appropriation account under s. 20.155 (2) (g). The railroads shall furnish such financial information as the office department requires.".

AB150-ASA1-AA4,65,9 142. Page 1570, line 24: delete "office, the office" and substitute: " office division of hearings and appeals, the office department".

AB150-ASA1-AA4,65,10 143. Page 1571, line 1: delete "office" and substitute: "office department".

AB150-ASA1-AA4,65,11 144. Page 1571, line 11: after that line insert:

AB150-ASA1-AA4,65,12 " Section 5226g. 195.60 (4) (a) of the statutes is amended to read:

AB150-ASA1-AA4,65,24 195.60 (4) (a) Within 30 days after the date of the mailing of any bill as provided by subs. (1) and (2), the railroad 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, 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 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).

AB150-ASA1-AA4, s. 5227g Section 5227g. 195.60 (4) (b) of the statutes is amended to read:

AB150-ASA1-AA4,66,4 195.60 (4) (b) If after the hearing the office division of hearings and appeals finds the entire bill unlawful or invalid, it shall notify the objector of such determination, in which case the original bill shall be deemed void.

AB150-ASA1-AA4, s. 5228g Section 5228g. 195.60 (4) (c) of the statutes is amended to read:

AB150-ASA1-AA4,66,9 195.60 (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 with respect to the objections, and transmit to the objector notice of such finding.".

AB150-ASA1-AA4,66,12 145. Page 1571, line 15: delete "office has been mailed to the objector, the office" and substitute: "office division of hearings and appeals has been mailed to the objector, the office department".

AB150-ASA1-AA4,66,13 146. Page 1571, line 20: delete "office" and substitute: "office department".

AB150-ASA1-AA4,66,14 147. Page 1572, line 12: after that line insert:

AB150-ASA1-AA4,66,15 " Section 5230g. 195.60 (6) of the statutes is amended to read:

AB150-ASA1-AA4,66,22 195.60 (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.

AB150-ASA1-AA4, s. 5231g Section 5231g. 195.60 (7) (intro.) of the statutes is repealed.

AB150-ASA1-AA4, s. 5232g Section 5232g. 195.60 (7) (a) of the statutes is renumbered 195.60 (7) and amended to read:

AB150-ASA1-AA4,67,5 195.60 (7) Determinations of fact expressed in bills rendered under this section; and shall be considered to be findings of fact of the division of hearings and appeals, within the meaning of this section.

AB150-ASA1-AA4, s. 5233g Section 5233g. 195.60 (7) (b) of the statutes is repealed.".

AB150-ASA1-AA4,67,7 148. Page 1572, line 12: delete that line and substitute: "office department.".

AB150-ASA1-AA4,67,8 149. Page 1574, line 25: restore the stricken material.

AB150-ASA1-AA4,67,9 150. Page 1575, line 1: on lines 1 and 2, restore the stricken material.

AB150-ASA1-AA4,67,10 151. Page 1582, line 11: after that line insert:

AB150-ASA1-AA4,67,11 " Section 5255g. 197.10 (4) of the statutes is amended to read:

AB150-ASA1-AA4,68,6 197.10 (4) Insofar as the use, operation, service, management, control, sale, lease, purchase, extension, improvement, rates, value or earnings of the properties of the public utility or provisions looking toward the ultimate acquisition of the same are made subject to the terms of any contract provided for in sub. (1), and so long as said contract remains in force, the following sections of the statutes shall be inapplicable to the same: ss. 195.05, 195.10, 196.02 (1) and (2), 196.05, 196.09, 196.10, 196.11, 196.15, 196.16, 196.19 (6), 196.20, 196.21, 196.22, 196.26, 196.28, 196.30, 196.37, 196.39, 196.40, 196.58, 196.70, 197.01 (2) to (4), 197.02, 197.03, 197.04, 197.05, 197.06, 197.08 and 197.09; provided that nothing in any contract made hereunder shall operate to prevent an appeal to the public service commission by any person, other than a party to said contract, upon any complaint alleging that any rate, fare, charge or classification, or any joint rate, or any regulation, act or practice relating to the production, transmission, delivery or furnishing of gas, heat, light or power, or any service in connection therewith, is unjustly discriminatory, or that any such service is inadequate or cannot be obtained. Upon said appeal the commission shall, as provided by law, determine and by order fix a rate, fare, charge, classification, joint rate or regulation, act or practice or service to be imposed, observed or followed in the future in lieu of that found to be unjustly discriminatory or inadequate.".

AB150-ASA1-AA4,68,7 152. Page 1856, line 19: after that line insert:

AB150-ASA1-AA4,68,8 " Section 6213g. 226.025 (3) of the statutes is amended to read:

AB150-ASA1-AA4,68,20 226.025 (3) The appointment of the secretary of state 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.

AB150-ASA1-AA4, s. 6217g Section 6217g. 227.01 (13) (s) of the statutes is amended to read:

AB150-ASA1-AA4,68,24 227.01 (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.".

AB150-ASA1-AA4,69,1 153. Page 1857, line 1: delete lines 1 to 3.

AB150-ASA1-AA4,69,2 154. Page 1858, line 24: after that line insert:

AB150-ASA1-AA4,69,3 " Section 6228g. 227.43 (1) (bk) of the statutes is created to read:

AB150-ASA1-AA4,69,7 227.43 (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 (4) and (5), 192.324, 192.34, 192.52, 192.56, 195.28 (1), 195.285 (1), 195.29 (10), 195.295, 195.30 (1), 195.305, 195.31, 195.32, 195.325 and 195.60.

AB150-ASA1-AA4, s. 6229g Section 6229g. 227.43 (5) of the statutes is amended to read:

AB150-ASA1-AA4,69,11 227.43 (5) 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 fee schedule under sub. (3) (b).

AB150-ASA1-AA4, s. 6230g Section 6230g. 227.46 (2m) of the statutes is amended to read:

AB150-ASA1-AA4,70,5 227.46 (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.

AB150-ASA1-AA4, s. 6231g Section 6231g. 227.46 (3) (intro.) of the statutes is amended to read:

AB150-ASA1-AA4,70,9 227.46 (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:".

AB150-ASA1-AA4,70,10 155. Page 1864, line 2: delete "7" and substitute " 8".

AB150-ASA1-AA4,70,11 156. Page 1864, line 7: delete lines 7 and 8.

AB150-ASA1-AA4,70,12 157. Page 1864, line 16: delete lines 16 and 17.

AB150-ASA1-AA4,70,13 158. Page 1865, line 3: delete lines 3 to 5.

AB150-ASA1-AA4,70,14 159. Page 1865, line 17: delete that line.

AB150-ASA1-AA4,70,15 160. Page 1865, line 18: delete lines 18 and 19.

AB150-ASA1-AA4,70,17 161. Page 1865, line 20: delete the material beginning with that line and ending with page 1866, line 4.

AB150-ASA1-AA4,70,18 162. Page 1922, line 12: delete that line.

AB150-ASA1-AA4,70,19 163. Page 1957, line 25: after that line insert:

AB150-ASA1-AA4,70,20 " Section 6414g. 346.45 (3) (d) of the statutes is amended to read:

AB150-ASA1-AA4,71,2 346.45 (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 department or the division of hearings and appeals as set forth in s. 195.285.".

AB150-ASA1-AA4,71,4 164. Page 2080, line 4: delete the material beginning with that line and ending with page 2081, line 20, and substitute:

AB150-ASA1-AA4,71,5 " Section 6923cm. 560.31 (3) of the statutes is amended to read:

AB150-ASA1-AA4,71,13 560.31 (3) The At the commencement of each gubernatorial term of office, the secretary shall exercise his or her authority under s. 15.04 (1) (c) to create one or more committees to advise the department on issues related to the operation of the heritage tourism pilot program. The secretary shall create a sufficient number of committees, as determined by the secretary, to address each major type of heritage tourism that is the focus of the heritage tourism pilot program. The secretary shall appoint at least 2 members of each committee created under this subsection from a list of names submitted by the director of the historical society.".

AB150-ASA1-AA4,71,15 165. Page 2100, line 23: delete the material beginning with that line and ending with page 2101, line 21.