Amendment AA4-ASA1-AB150

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.

AB150-ASA1-AA4, s. 5073g Section 5073g. 190.16 (4) (c) of the statutes is amended to read:

AB150-ASA1-AA4,23,16 190.16 (4) (c) Whenever a spur track is so constructed at the expense of the owner of any industry or enterprise, and any other person shall desire a connection with such spur track, application therefor shall be made to the office division of hearings and appeals, and such other person shall be required to pay to such owner an equitable proportion of the cost thereof, to be determined by the office divisions of hearings and appeals.

AB150-ASA1-AA4, s. 5074g Section 5074g. 190.16 (5) of the statutes is amended to read:

AB150-ASA1-AA4,24,2 190.16 (5) Removal, when. Except where a spur track was constructed prior to June 16, 1925, at the expense of the railroad company, no spur track shall be removed, dismantled or otherwise rendered unfit for service except upon order of the office division of hearings and appeals made after hearing held upon notice to all parties interested, and for good cause shown; provided that if no objection has been filed with the office division of hearings and appeals within 20 days from the original publication of such notice, the office division of hearings and appeals may without hearing authorize such spur track removed, dismantled or otherwise rendered unfit for service.

AB150-ASA1-AA4, s. 5075g Section 5075g. 191.001 (1) of the statutes is repealed and recreated to read:

AB150-ASA1-AA4,24,4 191.001 (1) "Department" means the department of transportation.

AB150-ASA1-AA4, s. 5076g Section 5076g. 191.01 (2) of the statutes is amended to read:

AB150-ASA1-AA4,24,11 191.01 (2) (title) Construction, certificate from office department prerequisite. No railroad corporation shall begin the construction of any proposed line of railroad in this state until it shall have obtained from the office department a certificate that public convenience and a necessity require authorizing the construction of the railroad, and the certificate shall constitute the license from this state to the company to build its proposed railroad.

AB150-ASA1-AA4, s. 5077g Section 5077g. 191.03 of the statutes is amended to read:

AB150-ASA1-AA4,24,18 191.03 Articles; publication prerequisite to certificate. No railroad corporation shall make application for a certificate authorizing construction of a railroad unless it has caused a copy of its corporate articles to be published as a class 2 notice, under ch. 985, in each county in which the railroad is proposed to be located within 6 months next prior to the time of making such application, and files satisfactory proof thereof with the office department.

AB150-ASA1-AA4, s. 5078g Section 5078g. 191.05 of the statutes is amended to read:

AB150-ASA1-AA4,24,24 191.05 Maps and profiles with application; changes. Complete maps and profiles of the proposed railroad shall be filed with the application for a certificate of convenience and necessity authorizing construction. The office department may permit errors, omissions or defects in the application, maps and profiles to be supplied or corrected, and permit changes in the proposed route to be made.

AB150-ASA1-AA4, s. 5079g Section 5079g. 191.07 of the statutes is amended to read:

AB150-ASA1-AA4,25,9 191.07 Hearing of applicants; notice. Upon receiving such application the office shall department may set a time and place for a hearing, which time shall not be less than 3 weeks nor more than 8 weeks from the date of filing the application, and the place shall be at the city of Madison, or at some place along the line of the proposed railroad, if the office department deems the latter more convenient, and. If the department sets a hearing, the department shall give to the applicant notice thereof, which notice shall be published by the applicant, as a class 2 notice, under ch. 985, in each county in which the railroad, extension or branch is proposed to be located, and proof of such publication shall be filed with the office department.

AB150-ASA1-AA4, s. 5080g Section 5080g. 191.09 of the statutes is repealed and recreated to read:

AB150-ASA1-AA4,25,12 191.09 Procedures before the department. Chapter 227 applies to all proceedings under this chapter.

AB150-ASA1-AA4, s. 5081g Section 5081g. 191.10 (title) of the statutes is amended to read:

AB150-ASA1-AA4,25,14 191.10 (title) Certificate of necessity.

AB150-ASA1-AA4, s. 5082g Section 5082g. 191.10 (1) of the statutes is amended to read:

AB150-ASA1-AA4,26,3 191.10 (1) Issuance, filing, recording, condemnation. If the office of the commissioner of railroads finds that the proposed railroad would be a public convenience and that a necessity requires its construction, the office of the commissioner of railroads shall enter an order to that effect and issue department issues to the applicant a certificate that public convenience and a necessity require the construction of the railroad as proposed. The certificate shall be filed under this chapter, the applicant shall file the certificate in the office of the secretary of state and the office of the secretary of state. The department shall approve the map showing the route of the railroad. The applicant shall record the map certified by the office of the commissioner of railroads department in the office of the register of deeds in each county in which the railroad shall be located. The filing of the certificate with the secretary of state and the recording of the map, as above provided, are conditions precedent to the right of the applicant to institute condemnation proceedings.

AB150-ASA1-AA4, s. 5083g Section 5083g. 191.10 (2) of the statutes is amended to read:

AB150-ASA1-AA4,26,9 191.10 (2) Certificate for part of line. Whenever it shall appear to the office that public convenience and a necessity do not require the construction of the railroad as proposed in the application, but do require the construction of a part thereof, the office The department may issue a certificate for the construction of such part of the railroad as public convenience and necessity require.

AB150-ASA1-AA4, s. 5084g Section 5084g. 191.10 (3) of the statutes is amended to read:

AB150-ASA1-AA4,26,16 191.10 (3) Refusal of certificate; renewal of application. If the office shall determine that the proposed railroad is not a necessity or is not required by public convenience, the office shall by order refuse to grant a certificate, department denies the application for a certificate, the department shall issue an order refusing the certificate and stating the reasons for the refusal. The application may be renewed after 2 years from the date of the refusal, but not sooner.

AB150-ASA1-AA4, s. 5085g Section 5085g. 191.11 of the statutes is amended to read:

AB150-ASA1-AA4,26,24 191.11 Revocation of certificate. If any railroad company after obtaining a certificate that public convenience and a necessity require authorizing the construction of the whole or part of its railroad fails to begin construction within one year from the date of the certificate, or having begun such construction, fails to prosecute the same, the office department may inquire into the reasons for such failure and may revoke the certificate, if the office department finds, after notice and hearing, that such failure is unreasonable.

AB150-ASA1-AA4, s. 5086g Section 5086g. 191.13 (2) of the statutes is amended to read:

AB150-ASA1-AA4,27,11 191.13 (2) No railroad corporation shall exercise such power until it has obtained from the office department a certificate that public convenience and necessity require authorizing the construction of the temporary railroad, and the certificate shall constitute the license to the company to build its proposed temporary railroad. The certificate shall specify the length of time the railroad may be maintained and operated, and may be renewed from time to time upon application by the railroad company. At the expiration of the time specified in the certificate, or any renewal thereof, the railroad company shall discontinue, dismantle and remove the temporary railroad; and may prior to the expiration of such time, upon order of the office department, and after a hearing, upon notice to all parties interested and good cause shown, discontinue, dismantle and remove the railroad.

AB150-ASA1-AA4, s. 5087g Section 5087g. 191.16 of the statutes is amended to read:

AB150-ASA1-AA4,27,23 191.16 (title) Construction items submitted to office department. Upon receiving the certificate of public convenience and necessity authorizing construction, the applicant shall before commencing construction submit to the office department a condensed specification of the character of construction that the applicant proposes to install, showing the kind, quality and weight of the rail proposed to be used, the mode of construction, character, quality, and strength of all bridges, culverts and viaducts, the abutments and approaches proposed to be built, the grade of and proposed method of draining the roadbed, and the kind of power to be used and the plant and appliances to be employed in power production, and such other facts relating to the construction of the proposed railroad as the office department requires.

AB150-ASA1-AA4, s. 5088g Section 5088g. 191.17 of the statutes is amended to read:

AB150-ASA1-AA4,28,10 191.17 Public safety; investigation; approval of plans. Upon receiving the specification required by s. 191.16, the office department shall examine the same and shall hear the applicant in support thereof, shall suggest and require modifications of the specification if the public safety so demands, eliminating so far as may be practicable, consistent with reasonable cost, all grade crossings of public highways, shall inspect the route of the proposed railroad if deemed desirable, and shall otherwise investigate and determine that the proposed construction will be adequate for securing public safety in the operation of the railroad, and thereupon the office department shall enter an order approving the specification and authorizing the construction of the railroad in accordance therewith.

AB150-ASA1-AA4, s. 5089g Section 5089g. 191.19 (1) of the statutes is amended to read: