Amendment AA4-ASA1-AB150

AB150-ASA1-AA4,10,1 103. Page 512, line 18: delete lines 18 and 19.

AB150-ASA1-AA4,10,2 104. Page 512, line 22: delete lines 22 to 25.

AB150-ASA1-AA4,10,4 105. Page 532, line 20: delete the material beginning with that line and ending with page 535, line 9.

AB150-ASA1-AA4,10,5 106. Page 551, line 10: after that line insert:

AB150-ASA1-AA4,10,6 " Section 1409m. 25.40 (1) (a) 12. of the statutes is created to read:

AB150-ASA1-AA4,10,8 25.40 (1) (a) 12. Ten percent of the moneys collected under s. 195.60 that are deposited in the general fund for costs of state government operations.

AB150-ASA1-AA4, s. 1410g Section 1410g. 25.40 (2) (b) 2e. of the statutes is repealed.".

AB150-ASA1-AA4,10,11 107. Page 553, line 20: delete the material beginning with that line and ending with page 554, line 4.

AB150-ASA1-AA4,10,12 108. Page 555, line 7: after that line insert:

AB150-ASA1-AA4,10,13 " Section 1429g. 26.20 (3) of the statutes is amended to read:

AB150-ASA1-AA4,11,3 26.20 (3) Locomotive inspector; powers. Any locomotive inspector designated by the department shall have the power to reject from service immediately any locomotive, donkey, traction, or portable engine which, in the opinion of the inspector, is deficient in adequate design, construction, or maintenance of the fire protective devices designated in sub. (2), and any such locomotive, donkey, traction, or portable engine so rejected from service shall not be returned to service until such defects have been remedied to the satisfaction of the locomotive inspector. In case of disagreement between the inspector and the owner of the locomotive, donkey, traction, or portable engine so rejected from service as to the efficiency or proper maintenance of said protective devices, then the owner of the locomotive, donkey, traction, or portable engine may appeal to the office of the commissioner of railroads division of hearings and appeals in the department of administration for a decision of said matter, but pending such decision the locomotive, donkey, traction, or portable engine shall not be returned to service.

AB150-ASA1-AA4, s. 1429m Section 1429m. 26.20 (10) of the statutes is amended to read:

AB150-ASA1-AA4,11,11 26.20 (10) (title) Appeal to office of the commissioner of railroads division of hearings and appeals. In case the department and any person operating any locomotive, donkey, or threshing engine, or any engine, boiler, or locomotive cannot agree as to the most practicable device or devices for preventing the escape of sparks, cinders, or fire from smokestacks, ash pans or fire boxes, then the same shall be determined by the office of the commissioner of railroads division of hearings and appeals in the department of administration.".

AB150-ASA1-AA4,11,13 109. Page 558, line 24: delete the material beginning with that line and ending with page 559, line 8.

AB150-ASA1-AA4,11,15 110. Page 565, line 12: delete the material beginning with that line and ending with page 566, line 7.

AB150-ASA1-AA4,11,16 111. Page 575, line 18: delete lines 18 to 21.

AB150-ASA1-AA4,11,17 112. Page 587, line 12: after that line insert:

AB150-ASA1-AA4,11,18 " Section 1671g. 30.33 (1) of the statutes is amended to read:

AB150-ASA1-AA4,12,8 30.33 (1) Board to have powers of railroad corporation. Any municipality operating a public harbor through a board of harbor commissioners may, through such board, construct, maintain or operate railway facilities or a harbor belt line connecting various harbor facilities with one another or with other railroads within the municipality or its vicinity. The board of harbor commissioners is granted all the rights, powers and privileges conferred upon railroad corporations by s. 190.02, except such rights, powers and privileges as are conferred upon railroad corporations by s. 190.02 (9). Such facilities or belt line may be constructed, maintained or operated partly outside the corporate limits of the municipality. In constructing, maintaining or operating such facilities or belt line, the board of harbor commissioners has the powers and privileges of railroad corporations and shall be subject to the same restrictions as railroad corporations and to the supervision of the office of the commissioner of railroads department of transportation, except as to the system of accounting and the payment of wages to employes.

AB150-ASA1-AA4, s. 1671m Section 1671m. 30.33 (2) of the statutes is amended to read:

AB150-ASA1-AA4,12,25 30.33 (2) Municipality may organize harbor railway corporation. Any municipality mentioned in sub. (1) may, with the consent of its board of harbor commissioners, organize a railroad corporation for the purpose of constructing, maintaining or operating a harbor belt line or may subscribe for stock in an existing railroad corporation organized for such purpose. If the municipality decides to organize a railroad corporation for such purpose, the governing body thereof may, by resolution, authorize the chief executive officer or presiding officer of such municipality to act, together with 4 citizens to be designated by the officer, as incorporators of such company. Such incorporators shall proceed to incorporate the railroad corporation in accordance with chs. 190 to 192, so far as applicable. Such harbor railroad corporation is subject to the supervisory and regulatory powers of the office of the commissioner of railroads department of transportation to the same extent as other railroad corporations. The municipality may subscribe to the stock of such harbor railroad corporation and may pay for such stock out of any funds it may lawfully have available for that purpose, including the proceeds of harbor improvement bonds.".

AB150-ASA1-AA4,13,1 113. Page 587, line 13: delete lines 13 to 16.

AB150-ASA1-AA4,13,3 114. Page 677, line 24: delete the material beginning with that line and ending with page 679, line 10.

AB150-ASA1-AA4,13,5 115. Page 679, line 25: delete the material beginning with that line and ending with page 680, line 3.

AB150-ASA1-AA4,13,7 116. Page 680, line 16: delete the material beginning with that line and ending with page 681, line 9.

AB150-ASA1-AA4,13,8 117. Page 689, line 4: delete lines 4 to 6.

AB150-ASA1-AA4,13,9 118. Page 1065, line 17: after that line insert:

AB150-ASA1-AA4,13,10 " Section 3315r. 66.06 (2) of the statutes is amended to read:

AB150-ASA1-AA4,13,14 66.06 (2) Limitation. Nothing in ss. 66.06 to 66.078 shall be construed as depriving the office of the commissioner of railroads, department of transportation or public service commission of any power conferred by ss. 195.05 and 197.01 to 197.10 and ch. 196.".

AB150-ASA1-AA4,13,15 119. Page 1085, line 2: after that line insert:

AB150-ASA1-AA4,13,16 " Section 3338c. 66.94 (30) (a) of the statutes is amended to read:

AB150-ASA1-AA4,14,2 66.94 (30) (a) Powers of board. The board shall, notwithstanding any law to the contrary, have exclusive authority and it shall be its duty to establish rates, fares and other charges, and to make all rules and regulations for the operation of the transportation system. The board shall also have the authority, subject to the jurisdiction of the department of transportation or office of the commissioner of railroads as to the reasonableness and adequacy thereof, to determine and make effective standards of service, and to establish, change, extend, shorten or abandon routings all in accordance with the statutes in such cases made and provided subject to the provisions of any ordinance of any municipality granting rights to the authority.".

AB150-ASA1-AA4,14,4 120. Page 1106, line 16: delete the material beginning with that line and ending with page 1108, line 13.

AB150-ASA1-AA4,14,5 121. Page 1151, line 1: delete lines 1 to 6.

AB150-ASA1-AA4,14,6 122. Page 1154, line 1: delete lines 1 to 3.

AB150-ASA1-AA4,14,7 123. Page 1191, line 5: delete lines 5 to 8.

AB150-ASA1-AA4,14,8 124. Page 1204, line 24: after that line insert:

AB150-ASA1-AA4,14,9 " Section 3518m. 84.05 of the statutes is amended to read:

AB150-ASA1-AA4,15,11 84.05 Railroad crossing improvements. On a highway which the department has authority to construct and which crosses a railroad, if the department determines that the construction or reconstruction of a grade separation or the rearrangement or elimination of a grade crossing or other rearrangement of the highway or tracks is necessary in the interest of public safety or for convenience of public travel, the department shall make a plan of the construction proposed and an estimate of the cost thereof, including the cost of needed right-of-way; and shall endeavor to make an arrangement with all persons concerned as to all matters involved in the plan, including the portion of the cost of the contemplated work which the persons shall defray. If the department is unable to contract with the persons concerned as to the distribution and payment of the cost of the work or the maintenance thereof, the department shall lay the matter before the office of the commissioner of railroads, and the office of the commissioner of railroads shall review the proceedings and hold a hearing thereon in accordance with ss. 195.28 and 195.29, and shall fix the portion of the cost of the construction and of the maintenance which is to be paid by the persons or corporations concerned, and the portion of the cost, if any, to be paid by the public, which portion shall be paid from the transportation fund, and issue an appropriate order. The office of the commissioner of railroads department shall determine the benefits, if any, which will inure to other highways, and apportion and charge to the units of government responsible for the construction of such other highways a fair portion of the cost. The department shall promulgate a rule establishing criteria with respect to the allocation of costs under this section. A person who is aggrieved by an order of the department under this section may, within 20 days after the date that the order is issued, request review of the order by the division of hearings and appeals. The division of hearings and appeals shall review the order in the manner provided in s. 195.325.".

AB150-ASA1-AA4,15,12 125. Page 1208, line 10: after that line insert:

AB150-ASA1-AA4,15,13 " Section 3523r. 85.013 (3) of the statutes is created to read:

AB150-ASA1-AA4,15,22 85.013 (3) The division of hearings and appeals shall, in conducting any hearing or review for the department under s. 227.43 (1) (bk), give due weight to the experience, technical competence and specialized knowledge of the department as well as discretionary authority conferred upon the department, and great weight to the department's interpretation of the statutes that it administers and rules promulgated under those statutes. If there is a conflict between this subsection and any other statute relating to any hearing or review conducted by the division of hearings and appeals for the department under s. 227.43 (1) (bk), the provisions of this subsection control.".

AB150-ASA1-AA4,15,23 126. Page 1209, line 10: after that line insert:

AB150-ASA1-AA4,15,24 " Section 3527g. 86.12 (2) of the statutes is amended to read:

AB150-ASA1-AA4,16,6 86.12 (2) If a railroad company fails to comply with the resolution in sub. (1) within 30 days after service of the resolution, the county board, common council, village board or town board may file a complaint with the office department alleging the failure. The office department shall investigate and determine the matter in controversy as provided in ch. 195. An order issued by the office under this subsection has the same effect as an order in a proceeding brought under ch. 195.

AB150-ASA1-AA4, s. 3527m Section 3527m. 86.13 (3) of the statutes is amended to read:

AB150-ASA1-AA4,16,15 86.13 (3) If any railroad company fails to grade, construct, pave, surface or otherwise improve or maintain in good and safe condition for public travel as required by this section any street or highway crossing after having been notified so to do by the officer in charge thereof or of the highway improvement for 30 days after such notification, the highway authorities may file a complaint with the office department. The office department shall investigate and determine the matter in controversy as provided in ch. 195. An order issued by the office under this subsection has the same effect as an order in a proceeding brought under ch. 195.".

AB150-ASA1-AA4,16,16 127. Page 1212, line 3: after that line insert:

AB150-ASA1-AA4,16,17 " Section 3529t. 88.66 (2) of the statutes is amended to read:

AB150-ASA1-AA4,17,7 88.66 (2) Every district whose drains cross the right-of-way of a railway company is liable to such company for the reasonable cost of opening its right-of-way and also for the cost of the culverts and bridges made necessary by such drain. The drainage board shall include such costs in its cost of construction, as set forth in its report of benefits and damages, and shall award them as damages to the railway company. The bridge or culvert shall be designed by the district's engineer and the design submitted to the railway company for approval. If a dispute arises as to the adequacy of the design, either party may submit the dispute to the office of the commissioner of railroads division of hearing and appeals in the department of administration by filing with the office division of hearings and appeals a statement as to the facts involved and the nature of the dispute. The office division of hearings and appeals shall investigate and determine the matter in controversy in accordance with ch. 195, and any order it makes in such proceeding has the same effect as an order in any other proceeding properly brought under ch. 195.".

AB150-ASA1-AA4,17,8 128. Page 1212, line 20: after that line insert:

AB150-ASA1-AA4,17,9 " Section 3533g. 88.87 (4) of the statutes is amended to read:

AB150-ASA1-AA4,17,16 88.87 (4) If a railway company fails to comply with sub. (2), any person aggrieved thereby may file a complaint with the office of the commissioner of railroads division of hearing and appeals in the department of administration setting forth the facts. The office division of hearings and appeals shall investigate and determine the matter in controversy in accordance with ch. 195, and any order it makes in such proceeding has the same effect as an order in any other proceeding properly brought under ch. 195.

AB150-ASA1-AA4, s. 3533m Section 3533m. 88.88 (2) of the statutes is amended to read:

AB150-ASA1-AA4,17,24 88.88 (2) If the railway company fails to comply with sub. (1), the person aggrieved thereby may file a complaint with the office of the commissioner of railroads division of hearings and appeals in the department of administration setting forth the facts. The office division of hearings and appeals shall investigate and determine the matter in controversy in accordance with ch. 195, and any order it makes in such proceeding has the same effect as an order in any other proceeding properly brought under ch. 195.".

AB150-ASA1-AA4,18,1 129. Page 1215, line 3: delete lines 3 to 7.

AB150-ASA1-AA4,18,2 130. Page 1471, line 21: delete lines 21 to 24.

AB150-ASA1-AA4,18,3 131. Page 1481, line 3: delete lines 3 to 5.

AB150-ASA1-AA4,18,4 132. Page 1481, line 7: delete lines 7 to 12 and substitute:

AB150-ASA1-AA4,18,5 " Section 4386b. 150.10 of the statutes is amended to read:

AB150-ASA1-AA4,18,8 150.10 Commission staff. The commission may employ staff. The staff shall include a staff director who shall be in the unclassified service. The commission staff shall offer its services to the cost containment council.".

AB150-ASA1-AA4,18,9 133. Page 1481, line 17: delete lines 17 and 18.

AB150-ASA1-AA4,18,10 134. Page 1482, line 7: delete lines 7 to 12.

AB150-ASA1-AA4,18,11 135. Page 1484, line 3: delete that line.

AB150-ASA1-AA4,18,13 136. Page 1495, line 5: on lines 5 and 6, restore the stricken material and delete the underscored material.

AB150-ASA1-AA4,18,14 137. Page 1495, line 7: delete the underscored material.

AB150-ASA1-AA4,18,15 138. Page 1517, line 19: after that line insert:

AB150-ASA1-AA4,18,16 " Section 4835g. 184.01 (1) of the statutes is amended to read:

AB150-ASA1-AA4,18,19 184.01 (1) "Commission" means the office of the commissioner of railroads in the case of railroads and the public service commission in the case of other public service corporations.

AB150-ASA1-AA4, s. 4835r Section 4835r. 184.10 (3) of the statutes is amended to read:

AB150-ASA1-AA4,19,10 184.10 (3) Whenever the commission deems it necessary to make an investigation of the books, accounts and practices or to make an appraisal of the property of any public service corporation which has filed an application for authority to issue any securities to which this chapter is applicable, such public service corporation shall pay all expenses reasonably attributable to such special investigation, or to such an appraisal of the property. For the purpose of calculating investigative and appraisal expenses of the commission, 90% of the costs determined shall be costs of the commission and 10% of the costs determined shall be costs of state government operations. The procedure set up by s. 195.60 or 196.85, whichever is appropriate, for the rendering and collection of bills shall be in all ways applicable to the rendering and collection of bills under this section. Ninety percent of the amounts paid to the public service commission under authority of this subsection shall be credited to the appropriation account under s. 20.155 (1) (g).".

AB150-ASA1-AA4,19,11 139. Page 1568, line 5: after that line insert:

AB150-ASA1-AA4,19,12 " Section 5064g. Chapter 189 of the statutes is repealed.

AB150-ASA1-AA4, s. 5064m Section 5064m. 190.001 (1) of the statutes is repealed.

AB150-ASA1-AA4, s. 5064r Section 5064r. 190.001 (2) of the statutes is created to read:

AB150-ASA1-AA4,19,16 190.001 (2) "Division of hearings and appeals" means the division of hearings and appeals in the department of administration.".

AB150-ASA1-AA4,19,17 140. Page 1568, line 18: after that line insert:

AB150-ASA1-AA4,19,18 " Section 5067g. 190.02 (6) of the statutes is amended to read:

AB150-ASA1-AA4,20,2 190.02 (6) Railroad intersections. To cross, intersect, join or unite its railroad with any other railroad, at any point, with the necessary turnouts, sidings and switches and other conveniences in furtherance of the objects of its connections. And if the 2 corporations cannot agree upon the amount of compensation to be made therefor or the points and manner of such crossings and connections the same shall be ascertained by the office division of hearings and appeals on application of either corporation.

AB150-ASA1-AA4, s. 5068g Section 5068g. 190.02 (9) (c) of the statutes is amended to read:

AB150-ASA1-AA4,21,6 190.02 (9) (c) Any railroad corporation organized to and which shall acquire, directly or by mesne conveyances, the property of another railroad corporation sold in judicial proceedings, or any railroad corporation reorganized under the federal bankruptcy act which corporation under a plan of reorganization as confirmed by the act, shall have been authorized to put into effect and carry out said plan, or any new railroad corporation which shall be organized for the like purpose, shall have all powers by law conferred upon railroad corporations, and may, at such times, in such amounts, for such considerations and upon such terms and conditions as the board of directors of said corporation shall determine, and as shall be authorized by the office secretary of state, or in the case of a railroad corporation organized for the purpose of acquiring a railroad engaged in interstate commerce, or any existing railroad corporation reorganized under the act and acquiring railroad property used in interstate commerce, by the interstate commerce commission, as the case may be, issue, sell, pledge or otherwise dispose of its evidences of debt, which may be convertible, at the option of the holder, into stock, and shares of stock, which shares may have such nominal or par value or if the same be common stock, be without nominal or par value, and may be of such classes, with such rights and voting powers as may be expressed in its articles or any amendment thereto. In the case of a railroad corporation reorganized as aforesaid, the filing with the secretary of state of a certified copy of the plan of reorganization as confirmed by the federal bankruptcy act, if it shall so elect, shall accomplish and evidence the amendment of its charter or articles of incorporation without the necessity for any other or further action, corporate or otherwise, with respect thereto. Such reorganized railroad corporation shall thereupon have all powers necessary to put into effect and carry out such plan of reorganization in all respects but such filing of the plan of reorganization shall not preclude such existing corporation from amending its charter or articles in the manner now provided by law. The fees for filing such copy of plan of reorganization shall be the same as prescribed in s. 190.01 (3).

AB150-ASA1-AA4, s. 5069g Section 5069g. 190.03 of the statutes is amended to read:

AB150-ASA1-AA4,21,22 190.03 Office in state; books produced. Any railroad corporation existing under the laws of this state shall produce before the office of the commissioner of railroads secretary of state, the legislature, or any committee of either house, or any court of record, its books of account and stock books, or so many and such parts thereof as may be required by them, or in the discretion of the office of the commissioner of railroads secretary of state, legislature, committee or court, transcripts from such books, or such parts thereof as may be called for, duly authenticated; and each such railroad corporation shall designate some office within this state as its principal office and inform the office of the commissioner of railroads secretary of state of such designation, and shall keep there or at the office of its transfer agents or registrars a list of its stockholders, giving the names and addresses of its stockholders, together with a statement of the number and class of shares of its stock held by each of them, as shown by its books. A failure or refusal to comply with any of the foregoing provisions shall be cause of forfeiture of its franchises.

AB150-ASA1-AA4, s. 5070g Section 5070g. 190.13 of the statutes is amended to read:

AB150-ASA1-AA4,22,8 190.13 Report to stockholders. Every railroad corporation shall make an annual report to its stockholders of its operations for the preceding calendar year, or for its fiscal year, as the case may be, which report shall contain a balance sheet showing its assets and liabilities, its capital stock, and funded debt, and an income account showing its operating revenues, operating expenses, gross and net income, as the result of its traffic or business operations, and such other information in respect of its affairs as the board of directors shall deem advisable. A copy of each such report shall be kept on file in its principal office in this state, shall be mailed to each stockholder whose post-office address is known and shall be filed with the office of the commissioner of railroads secretary of state.

AB150-ASA1-AA4, s. 5071g Section 5071g. 190.16 (4) (a) of the statutes is amended to read:

AB150-ASA1-AA4,22,17 190.16 (4) (a) Every railroad shall acquire the necessary right-of-way for and shall construct, connect, maintain and operate a reasonably adequate spur track whenever such spur track does not necessarily exceed 3 miles in length, is practically indispensable to the successful operation of any existing or proposed industry or enterprise, and its construction and operation is not unusually dangerous, and is not unreasonably harmful to public interest, and any person aggrieved by the failure of any railroad to fully perform such obligation may prosecute proceedings before the office division of hearings and appeals to compel compliance therewith.

AB150-ASA1-AA4, s. 5072g Section 5072g. 190.16 (4) (b) of the statutes is amended to read:

AB150-ASA1-AA4,23,9 190.16 (4) (b) Such railroad may require the person primarily to be served thereby to pay the legitimate cost and expense of acquiring the necessary right-of-way for such spur track, and of constructing the same, the cost to be estimated in separate items by the office division of hearings and appeals, and deposited with the railroad, before it shall be required to incur any expense whatever therefor; but such person, in lieu of depositing the total estimated cost may offer in writing to construct such spur track, the offer to be accompanied by a surety company bond, running to such railroad, and conditioned upon the construction of such spur track in a good and workmanlike manner, according to the plans and specifications of such railroad, approved by the office division of hearings and appeals, and deposit with such railroad the estimated cost of the necessary right-of-way. Provided that before the railroad shall be required to incur any expense whatever in the construction of such spur track, the person primarily to be served thereby shall give the railroad a bond to be approved by the office division of hearings and appeals as to form, amount and surety, securing the railroad against loss on account of any expense incurred beyond the estimated cost.