AB150-ASA1-AA4,13,1
1113. Page 587, line 13: delete lines 13 to 16.
AB150-ASA1-AA4,13,3 2114. Page 677, line 24: delete the material beginning with that line and
3ending with page 679, line 10.
AB150-ASA1-AA4,13,5 4115. Page 679, line 25: delete the material beginning with that line and
5ending with page 680, line 3.
AB150-ASA1-AA4,13,7 6116. Page 680, line 16: delete the material beginning with that line and
7ending with page 681, line 9.
AB150-ASA1-AA4,13,8 8117. Page 689, line 4: delete lines 4 to 6.
AB150-ASA1-AA4,13,9 9118. Page 1065, line 17: after that line insert:
AB150-ASA1-AA4,13,10 10" Section 3315r. 66.06 (2) of the statutes is amended to read:
AB150-ASA1-AA4,13,1411 66.06 (2) Limitation. Nothing in ss. 66.06 to 66.078 shall be construed as
12depriving the office of the commissioner of railroads, department of transportation
13or public service commission of any power conferred by ss. 195.05 and 197.01 to
14197.10 and ch. 196.".
AB150-ASA1-AA4,13,15 15119. Page 1085, line 2: after that line insert:
AB150-ASA1-AA4,13,16 16" Section 3338c. 66.94 (30) (a) of the statutes is amended to read:
AB150-ASA1-AA4,14,217 66.94 (30) (a) Powers of board. The board shall, notwithstanding any law to
18the contrary, have exclusive authority and it shall be its duty to establish rates, fares
19and other charges, and to make all rules and regulations for the operation of the
20transportation system. The board shall also have the authority, subject to the
21jurisdiction of the department of transportation or office of the commissioner of
22railroads
as to the reasonableness and adequacy thereof, to determine and make
23effective standards of service, and to establish, change, extend, shorten or abandon
24routings all in accordance with the statutes in such cases made and provided subject

1to the provisions of any ordinance of any municipality granting rights to the
2authority.".
AB150-ASA1-AA4,14,4 3120. Page 1106, line 16: delete the material beginning with that line and
4ending with page 1108, line 13.
AB150-ASA1-AA4,14,5 5121. Page 1151, line 1: delete lines 1 to 6.
AB150-ASA1-AA4,14,6 6122. Page 1154, line 1: delete lines 1 to 3.
AB150-ASA1-AA4,14,7 7123. Page 1191, line 5: delete lines 5 to 8.
AB150-ASA1-AA4,14,8 8124. Page 1204, line 24: after that line insert:
AB150-ASA1-AA4,14,9 9" Section 3518m. 84.05 of the statutes is amended to read:
AB150-ASA1-AA4,15,11 1084.05 Railroad crossing improvements. On a highway which the
11department has authority to construct and which crosses a railroad, if the
12department determines that the construction or reconstruction of a grade separation
13or the rearrangement or elimination of a grade crossing or other rearrangement of
14the highway or tracks is necessary in the interest of public safety or for convenience
15of public travel, the department shall make a plan of the construction proposed and
16an estimate of the cost thereof, including the cost of needed right-of-way; and shall
17endeavor to make an arrangement with all persons concerned as to all matters
18involved in the plan, including the portion of the cost of the contemplated work which
19the persons shall defray. If the department is unable to contract with the persons
20concerned as to the distribution and payment of the cost of the work or the
21maintenance thereof, the department shall lay the matter before the office of the
22commissioner of railroads, and the office of the commissioner of railroads shall
23review the proceedings and hold a hearing thereon in accordance with ss. 195.28 and
24195.29, and shall
fix the portion of the cost of the construction and of the maintenance

1which is to be paid by the persons or corporations concerned, and the portion of the
2cost, if any, to be paid by the public, which portion shall be paid from the
3transportation fund, and issue an appropriate order. The office of the commissioner
4of railroads
department shall determine the benefits, if any, which will inure to other
5highways, and apportion and charge to the units of government responsible for the
6construction of such other highways a fair portion of the cost. The department shall
7promulgate a rule establishing criteria with respect to the allocation of costs under
8this section. A person who is aggrieved by an order of the department under this
9section may, within 20 days after the date that the order is issued, request review of
10the order by the division of hearings and appeals. The division of hearings and
11appeals shall review the order in the manner provided in s. 195.325.
".
AB150-ASA1-AA4,15,12 12125. Page 1208, line 10: after that line insert:
AB150-ASA1-AA4,15,13 13" Section 3523r. 85.013 (3) of the statutes is created to read:
AB150-ASA1-AA4,15,2214 85.013 (3) The division of hearings and appeals shall, in conducting any
15hearing or review for the department under s. 227.43 (1) (bk), give due weight to the
16experience, technical competence and specialized knowledge of the department as
17well as discretionary authority conferred upon the department, and great weight to
18the department's interpretation of the statutes that it administers and rules
19promulgated under those statutes. If there is a conflict between this subsection and
20any other statute relating to any hearing or review conducted by the division of
21hearings and appeals for the department under s. 227.43 (1) (bk), the provisions of
22this subsection control.".
AB150-ASA1-AA4,15,23 23126. Page 1209, line 10: after that line insert:
AB150-ASA1-AA4,15,24 24" Section 3527g. 86.12 (2) of the statutes is amended to read:
AB150-ASA1-AA4,16,6
186.12 (2) If a railroad company fails to comply with the resolution in sub. (1)
2within 30 days after service of the resolution, the county board, common council,
3village board or town board may file a complaint with the office department alleging
4the failure. The office department shall investigate and determine the matter in
5controversy as provided in ch. 195. An order issued by the office under this
6subsection has the same effect as an order in a proceeding brought under ch. 195
.
AB150-ASA1-AA4, s. 3527m 7Section 3527m. 86.13 (3) of the statutes is amended to read:
AB150-ASA1-AA4,16,158 86.13 (3) If any railroad company fails to grade, construct, pave, surface or
9otherwise improve or maintain in good and safe condition for public travel as
10required by this section any street or highway crossing after having been notified so
11to do by the officer in charge thereof or of the highway improvement for 30 days after
12such notification, the highway authorities may file a complaint with the office
13department. The office department shall investigate and determine the matter in
14controversy as provided in ch. 195. An order issued by the office under this
15subsection has the same effect as an order in a proceeding brought under ch. 195
.".
AB150-ASA1-AA4,16,16 16127. Page 1212, line 3: after that line insert:
AB150-ASA1-AA4,16,17 17" Section 3529t. 88.66 (2) of the statutes is amended to read:
AB150-ASA1-AA4,17,718 88.66 (2) Every district whose drains cross the right-of-way of a railway
19company is liable to such company for the reasonable cost of opening its right-of-way
20and also for the cost of the culverts and bridges made necessary by such drain. The
21drainage board shall include such costs in its cost of construction, as set forth in its
22report of benefits and damages, and shall award them as damages to the railway
23company. The bridge or culvert shall be designed by the district's engineer and the
24design submitted to the railway company for approval. If a dispute arises as to the

1adequacy of the design, either party may submit the dispute to the office of the
2commissioner of railroads
division of hearing and appeals in the department of
3administration
by filing with the office division of hearings and appeals a statement
4as to the facts involved and the nature of the dispute. The office division of hearings
5and appeals
shall investigate and determine the matter in controversy in accordance
6with ch. 195, and any order it makes in such proceeding has the same effect as an
7order in any other proceeding properly brought under ch. 195
.".
AB150-ASA1-AA4,17,8 8128. Page 1212, line 20: after that line insert:
AB150-ASA1-AA4,17,9 9" Section 3533g. 88.87 (4) of the statutes is amended to read:
AB150-ASA1-AA4,17,1610 88.87 (4) If a railway company fails to comply with sub. (2), any person
11aggrieved thereby may file a complaint with the office of the commissioner of
12railroads
division of hearing and appeals in the department of administration
13setting forth the facts. The office division of hearings and appeals shall investigate
14and
determine the matter in controversy in accordance with ch. 195, and any order
15it makes in such proceeding has the same effect as an order in any other proceeding
16properly brought under ch. 195
.
AB150-ASA1-AA4, s. 3533m 17Section 3533m. 88.88 (2) of the statutes is amended to read:
AB150-ASA1-AA4,17,2418 88.88 (2) If the railway company fails to comply with sub. (1), the person
19aggrieved thereby may file a complaint with the office of the commissioner of
20railroads
division of hearings and appeals in the department of administration
21setting forth the facts. The office division of hearings and appeals shall investigate
22and
determine the matter in controversy in accordance with ch. 195, and any order
23it makes in such proceeding has the same effect as an order in any other proceeding
24properly brought under ch. 195
.".
AB150-ASA1-AA4,18,1
1129. Page 1215, line 3: delete lines 3 to 7.
AB150-ASA1-AA4,18,2 2130. Page 1471, line 21: delete lines 21 to 24.
AB150-ASA1-AA4,18,3 3131. Page 1481, line 3: delete lines 3 to 5.
AB150-ASA1-AA4,18,4 4132. Page 1481, line 7: delete lines 7 to 12 and substitute:
AB150-ASA1-AA4,18,5 5" Section 4386b. 150.10 of the statutes is amended to read:
AB150-ASA1-AA4,18,8 6150.10 Commission staff. The commission may employ staff. The staff shall
7include a staff director who shall be in the unclassified service. The commission staff
8shall offer its services to the cost containment council.
".
AB150-ASA1-AA4,18,9 9133. Page 1481, line 17: delete lines 17 and 18.
AB150-ASA1-AA4,18,10 10134. Page 1482, line 7: delete lines 7 to 12.
AB150-ASA1-AA4,18,11 11135. Page 1484, line 3: delete that line.
AB150-ASA1-AA4,18,13 12136. Page 1495, line 5: on lines 5 and 6, restore the stricken material and
13delete the underscored material.
AB150-ASA1-AA4,18,14 14137. Page 1495, line 7: delete the underscored material.
AB150-ASA1-AA4,18,15 15138. Page 1517, line 19: after that line insert:
AB150-ASA1-AA4,18,16 16" Section 4835g. 184.01 (1) of the statutes is amended to read:
AB150-ASA1-AA4,18,1917 184.01 (1) "Commission" means the office of the commissioner of railroads in
18the case of railroads and the
public service commission in the case of other public
19service corporations
.
AB150-ASA1-AA4, s. 4835r 20Section 4835r. 184.10 (3) of the statutes is amended to read:
AB150-ASA1-AA4,19,1021 184.10 (3) Whenever the commission deems it necessary to make an
22investigation of the books, accounts and practices or to make an appraisal of the
23property of any public service corporation which has filed an application for

1authority to issue any securities to which this chapter is applicable, such public
2service corporation shall pay all expenses reasonably attributable to such special
3investigation, or to such an appraisal of the property. For the purpose of calculating
4investigative and appraisal expenses of the commission, 90% of the costs determined
5shall be costs of the commission and 10% of the costs determined shall be costs of
6state government operations. The procedure set up by s. 195.60 or 196.85, whichever
7is appropriate,
for the rendering and collection of bills shall be in all ways applicable
8to the rendering and collection of bills under this section. Ninety percent of the
9amounts paid to the public service commission under authority of this subsection
10shall be credited to the appropriation account under s. 20.155 (1) (g).".
AB150-ASA1-AA4,19,11 11139. Page 1568, line 5: after that line insert:
AB150-ASA1-AA4,19,12 12" Section 5064g. Chapter 189 of the statutes is repealed.
AB150-ASA1-AA4, s. 5064m 13Section 5064m. 190.001 (1) of the statutes is repealed.
AB150-ASA1-AA4, s. 5064r 14Section 5064r. 190.001 (2) of the statutes is created to read:
AB150-ASA1-AA4,19,1615 190.001 (2) "Division of hearings and appeals" means the division of hearings
16and appeals in the department of administration.".
AB150-ASA1-AA4,19,17 17140. Page 1568, line 18: after that line insert:
AB150-ASA1-AA4,19,18 18" Section 5067g. 190.02 (6) of the statutes is amended to read:
AB150-ASA1-AA4,20,219 190.02 (6) Railroad intersections. To cross, intersect, join or unite its railroad
20with any other railroad, at any point, with the necessary turnouts, sidings and
21switches and other conveniences in furtherance of the objects of its connections. And
22if the 2 corporations cannot agree upon the amount of compensation to be made
23therefor or the points and manner of such crossings and connections the same shall

1be ascertained by the office division of hearings and appeals on application of either
2corporation.
AB150-ASA1-AA4, s. 5068g 3Section 5068g. 190.02 (9) (c) of the statutes is amended to read:
AB150-ASA1-AA4,21,64 190.02 (9) (c) Any railroad corporation organized to and which shall acquire,
5directly or by mesne conveyances, the property of another railroad corporation sold
6in judicial proceedings, or any railroad corporation reorganized under the federal
7bankruptcy act which corporation under a plan of reorganization as confirmed by the
8act, shall have been authorized to put into effect and carry out said plan, or any new
9railroad corporation which shall be organized for the like purpose, shall have all
10powers by law conferred upon railroad corporations, and may, at such times, in such
11amounts, for such considerations and upon such terms and conditions as the board
12of directors of said corporation shall determine, and as shall be authorized by the
13office secretary of state, or in the case of a railroad corporation organized for the
14purpose of acquiring a railroad engaged in interstate commerce, or any existing
15railroad corporation reorganized under the act and acquiring railroad property used
16in interstate commerce, by the interstate commerce commission, as the case may be,
17issue, sell, pledge or otherwise dispose of its evidences of debt, which may be
18convertible, at the option of the holder, into stock, and shares of stock, which shares
19may have such nominal or par value or if the same be common stock, be without
20nominal or par value, and may be of such classes, with such rights and voting powers
21as may be expressed in its articles or any amendment thereto. In the case of a
22railroad corporation reorganized as aforesaid, the filing with the secretary of state
23of a certified copy of the plan of reorganization as confirmed by the federal
24bankruptcy act, if it shall so elect, shall accomplish and evidence the amendment of
25its charter or articles of incorporation without the necessity for any other or further

1action, corporate or otherwise, with respect thereto. Such reorganized railroad
2corporation shall thereupon have all powers necessary to put into effect and carry out
3such plan of reorganization in all respects but such filing of the plan of reorganization
4shall not preclude such existing corporation from amending its charter or articles in
5the manner now provided by law. The fees for filing such copy of plan of
6reorganization shall be the same as prescribed in s. 190.01 (3).
AB150-ASA1-AA4, s. 5069g 7Section 5069g. 190.03 of the statutes is amended to read:
AB150-ASA1-AA4,21,22 8190.03 Office in state; books produced. Any railroad corporation existing
9under the laws of this state shall produce before the office of the commissioner of
10railroads
secretary of state, the legislature, or any committee of either house, or any
11court of record, its books of account and stock books, or so many and such parts
12thereof as may be required by them, or in the discretion of the office of the
13commissioner of railroads
secretary of state, legislature, committee or court,
14transcripts from such books, or such parts thereof as may be called for, duly
15authenticated; and each such railroad corporation shall designate some office within
16this state as its principal office and inform the office of the commissioner of railroads
17secretary of state of such designation, and shall keep there or at the office of its
18transfer agents or registrars a list of its stockholders, giving the names and
19addresses of its stockholders, together with a statement of the number and class of
20shares of its stock held by each of them, as shown by its books. A failure or refusal
21to comply with any of the foregoing provisions shall be cause of forfeiture of its
22franchises.
AB150-ASA1-AA4, s. 5070g 23Section 5070g. 190.13 of the statutes is amended to read:
AB150-ASA1-AA4,22,8 24190.13 Report to stockholders. Every railroad corporation shall make an
25annual report to its stockholders of its operations for the preceding calendar year, or

1for its fiscal year, as the case may be, which report shall contain a balance sheet
2showing its assets and liabilities, its capital stock, and funded debt, and an income
3account showing its operating revenues, operating expenses, gross and net income,
4as the result of its traffic or business operations, and such other information in
5respect of its affairs as the board of directors shall deem advisable. A copy of each
6such report shall be kept on file in its principal office in this state, shall be mailed
7to each stockholder whose post-office address is known and shall be filed with the
8office of the commissioner of railroads secretary of state.
AB150-ASA1-AA4, s. 5071g 9Section 5071g. 190.16 (4) (a) of the statutes is amended to read:
AB150-ASA1-AA4,22,1710 190.16 (4) (a) Every railroad shall acquire the necessary right-of-way for and
11shall construct, connect, maintain and operate a reasonably adequate spur track
12whenever such spur track does not necessarily exceed 3 miles in length, is practically
13indispensable to the successful operation of any existing or proposed industry or
14enterprise, and its construction and operation is not unusually dangerous, and is not
15unreasonably harmful to public interest, and any person aggrieved by the failure of
16any railroad to fully perform such obligation may prosecute proceedings before the
17office division of hearings and appeals to compel compliance therewith.
AB150-ASA1-AA4, s. 5072g 18Section 5072g. 190.16 (4) (b) of the statutes is amended to read:
AB150-ASA1-AA4,23,919 190.16 (4) (b) Such railroad may require the person primarily to be served
20thereby to pay the legitimate cost and expense of acquiring the necessary
21right-of-way for such spur track, and of constructing the same, the cost to be
22estimated in separate items by the office division of hearings and appeals, and
23deposited with the railroad, before it shall be required to incur any expense whatever
24therefor; but such person, in lieu of depositing the total estimated cost may offer in
25writing to construct such spur track, the offer to be accompanied by a surety company

1bond, running to such railroad, and conditioned upon the construction of such spur
2track in a good and workmanlike manner, according to the plans and specifications
3of such railroad, approved by the office division of hearings and appeals, and deposit
4with such railroad the estimated cost of the necessary right-of-way. Provided that
5before the railroad shall be required to incur any expense whatever in the
6construction of such spur track, the person primarily to be served thereby shall give
7the railroad a bond to be approved by the office division of hearings and appeals as
8to form, amount and surety, securing the railroad against loss on account of any
9expense incurred beyond the estimated cost.
AB150-ASA1-AA4, s. 5073g 10Section 5073g. 190.16 (4) (c) of the statutes is amended to read:
AB150-ASA1-AA4,23,1611 190.16 (4) (c) Whenever a spur track is so constructed at the expense of the
12owner of any industry or enterprise, and any other person shall desire a connection
13with such spur track, application therefor shall be made to the office division of
14hearings and appeals
, and such other person shall be required to pay to such owner
15an equitable proportion of the cost thereof, to be determined by the office divisions
16of hearings and appeals
.
AB150-ASA1-AA4, s. 5074g 17Section 5074g. 190.16 (5) of the statutes is amended to read:
AB150-ASA1-AA4,24,218 190.16 (5) Removal, when. Except where a spur track was constructed prior
19to June 16, 1925, at the expense of the railroad company, no spur track shall be
20removed, dismantled or otherwise rendered unfit for service except upon order of the
21office division of hearings and appeals made after hearing held upon notice to all
22parties interested, and for good cause shown; provided that if no objection has been
23filed with the office division of hearings and appeals within 20 days from the original
24publication of such notice, the office division of hearings and appeals may without

1hearing authorize such spur track removed, dismantled or otherwise rendered unfit
2for service.
AB150-ASA1-AA4, s. 5075g 3Section 5075g. 191.001 (1) of the statutes is repealed and recreated to read:
AB150-ASA1-AA4,24,44 191.001 (1) "Department" means the department of transportation.
AB150-ASA1-AA4, s. 5076g 5Section 5076g. 191.01 (2) of the statutes is amended to read:
AB150-ASA1-AA4,24,116 191.01 (2) (title) Construction, certificate from office department
7prerequisite.
No railroad corporation shall begin the construction of any proposed
8line of railroad in this state until it shall have obtained from the office department
9a certificate that public convenience and a necessity require authorizing the
10construction of the railroad, and the certificate shall constitute the license from this
11state to the company to build its
proposed railroad.
AB150-ASA1-AA4, s. 5077g 12Section 5077g. 191.03 of the statutes is amended to read:
AB150-ASA1-AA4,24,18 13191.03 Articles; publication prerequisite to certificate. No railroad
14corporation shall make application for a certificate authorizing construction of a
15railroad
unless it has caused a copy of its corporate articles to be published as a class
162 notice, under ch. 985, in each county in which the railroad is proposed to be located
17within 6 months next prior to the time of making such application, and files
18satisfactory proof thereof with the office department.
AB150-ASA1-AA4, s. 5078g 19Section 5078g. 191.05 of the statutes is amended to read:
AB150-ASA1-AA4,24,24 20191.05 Maps and profiles with application; changes. Complete maps and
21profiles of the proposed railroad shall be filed with the application for a certificate
22of convenience and necessity authorizing construction. The office department may
23permit errors, omissions or defects in the application, maps and profiles to be
24supplied or corrected, and permit changes in the proposed route to be made.
AB150-ASA1-AA4, s. 5079g 25Section 5079g. 191.07 of the statutes is amended to read:
AB150-ASA1-AA4,25,9
1191.07 Hearing of applicants; notice. Upon receiving such application the
2office shall department may set a time and place for a hearing, which time shall not
3be less than 3 weeks nor more than 8 weeks from the date of filing the application,
4and the place shall be at the city of Madison, or at some place along the line of the
5proposed railroad, if the office department deems the latter more convenient, and.
6If the department sets a hearing, the department shall give to the applicant notice
7thereof, which notice shall be published by the applicant, as a class 2 notice, under
8ch. 985, in each county in which the railroad, extension or branch is proposed to be
9located, and proof of such publication shall be filed with the office department.
AB150-ASA1-AA4, s. 5080g 10Section 5080g. 191.09 of the statutes is repealed and recreated to read:
AB150-ASA1-AA4,25,12 11191.09 Procedures before the department. Chapter 227 applies to all
12proceedings under this chapter.
AB150-ASA1-AA4, s. 5081g 13Section 5081g. 191.10 (title) of the statutes is amended to read:
AB150-ASA1-AA4,25,14 14191.10 (title) Certificate of necessity.
AB150-ASA1-AA4, s. 5082g 15Section 5082g. 191.10 (1) of the statutes is amended to read:
AB150-ASA1-AA4,26,316 191.10 (1) Issuance, filing, recording, condemnation. If the office of the
17commissioner of railroads finds that the proposed railroad would be a public
18convenience and that a necessity requires its construction, the office of the
19commissioner of railroads shall enter an order to that effect and issue
department
20issues
to the applicant a certificate that public convenience and a necessity require
21the construction of the railroad as proposed. The certificate shall be filed
under this
22chapter, the applicant shall file the certificate
in the office of the secretary of state
23and the office of the secretary of state. The department shall approve the map
24showing the route of the railroad. The applicant shall record the map certified by the
25office of the commissioner of railroads department in the office of the register of deeds

1in each county in which the railroad shall be located. The filing of the certificate with
2the secretary of state and the recording of the map, as above provided, are conditions
3precedent to the right of the applicant to institute condemnation proceedings.
AB150-ASA1-AA4, s. 5083g 4Section 5083g. 191.10 (2) of the statutes is amended to read:
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