AB150-ASA1-AA4,60,12
4195.31 Bridges made safe. Whenever a complaint is lodged with the
office 5department by the common council of any city, the village board of any village, a
6member of a town board, or a supervisor of highways, or by 5 or more electors and
7taxpayers in any town, or 5 or more electors of the county in which such bridge is
8located, and who are users of such bridge or railway, to the effect that a bridge erected
9over a stream intersecting a public highway or highways upon which a railway is
10constructed and operated, is unsafe and dangerous to travelers over such highway
11or highways or bridge or railroad, and that public safety requires the alteration, the
12repair or reconstruction of such bridge, or the substitution of another bridge therefor,
13it shall be the duty of the office to give notice to the party or parties in interest, other
14than the petitioners, of the filing of such complaint, and to furnish a copy of the
15complaint to the party or parties in interest other than the petitioners, and to order
16a hearing thereon, in the manner provided for hearings in ss. 195.04 to 195.043. The
17office the department shall investigate the matter. The department may proceed in
18a similar manner in the absence of a petition when, in the opinion of the
office 19department, public safety requires the alteration, repair or reconstruction of a bridge
20or the substitution of another bridge for the bridge in question.
After the hearing,
21the office The department shall determine what alteration or repair or
22reconstruction of such bridge, and the approaches thereto, shall be made, or if it
shall
23determine determines that public safety requires the substitution of a new bridge,
24it shall determine the character, manner of construction and location of such bridge
25and the approaches thereto. The
office department shall fix the proportion of the cost
1and expense of such alteration, repair, reconstruction or substitution of a new bridge,
2including the damage to any person whose land is taken, and the special damage
3which the owner of any land adjoining the approaches to said bridge shall sustain
4by reason of the alteration, repair, reconstruction or substitution of a new bridge, to
5be paid by the railroad company and the city, village or town in interest.
The
6department may issue appropriate orders incorporating its determinations and may
7proceed without a hearing on the matter. The department shall make its
8determinations on the basis of investigation and criteria for bridge safety
9promulgated by rule. If a petitioner or interested party objects to an order under this
10section within 20 days after the date that the order is issued, the department shall
11refer the order to the division of hearings and appeals for review as provided in s.
12195.325.
AB150-ASA1-AA4,61,5
14195.32 Safety gates on drawbridges. Whenever a complaint is filed with
15the
office department to the effect that any drawbridge is not equipped with gates
16or other safety devices, the
office department may notify the proper party or parties
17in interest of the complaint, and may proceed to investigate the
complaint and to hold
18a hearing on the matter in the manner provided for hearings in ss. 195.04 to 195.043 19matter. If after the investigation the
office department determines that public safety
20requires the erection and maintenance of gates or other safety devices at the points
21mentioned in the complaint, it may order the county, city, village, town, corporation
22or person whose duty it is to maintain such bridge to erect and maintain at such
23points such gates or other safety devices as the
office department prescribes. The
24office department may conduct the investigations, hold the hearings and make the
25orders provided for in this section upon its own motion in the same manner and with
1the same effect as though a complaint were filed.
The department shall make its
2determination on the basis of the investigation and criteria for drawbridge safety
3promulgated by rule. If an interested party objects to an order under this section
4within 20 days after the date that the order is issued, the department shall refer the
5order to the division of hearings and appeals for review.
AB150-ASA1-AA4,61,12
7195.325 Review of department orders on crossings and bridges. If an
8order of the department under s. 195.28, 195.285, 195.29, 195.295, 195.30, 195.31 or
9195.32 is referred to the division of hearings and appeals for review, the division of
10hearings and appeals shall review the order under s. 85.013 (3) in light of the
11application of the criteria relating to the matter promulgated as rules by the
12department.
AB150-ASA1-AA4,61,19
15195.34 Reports of accidents, investigation. Every railroad shall report to
16the
office department all collisions, derailments or other accidents resulting in injury
17to persons, equipment or roadway arising from its operation. The
office department 18may issue rules concerning the reporting of accidents and may also, if public
19interests require, cause an investigation of any accident.
AB150-ASA1-AA4,62,5
21195.36 General penalty upon railroads. If any railroad shall violate any
22provision of this chapter, or shall do any act herein prohibited, or shall fail or refuse
23to perform any duty enjoined upon it, for which a penalty has not been provided, or
24shall fail, neglect or refuse to obey any lawful requirement or order made by the
office 25department or division of hearings and appeals, or any judgment or decree made by
1any court upon its application, for every such violation, failure or refusal in respect
2to any matter prescribed by this chapter such railroad shall forfeit not less than $100
3nor more than $10,000. The act, omission or failure of any officer, agent or other
4person employed by any railroad, acting within the scope of his or her employment,
5shall be deemed to be the act, omission or failure of such railroad.
AB150-ASA1-AA4,62,139
195.45
(1) No person shall operate as a common carrier of passengers or
10property by water except in accordance with the terms and conditions of a certificate
11of public convenience and necessity issued by the
office. The office shall issue any
12certificate upon a finding that the service proposed to be performed is in the public
13interest and required by public convenience and necessity department.
AB150-ASA1-AA4,62,1715
195.45
(2) Application for the certificate shall be made on forms furnished by
16the
office department and shall contain such information as the
office department 17requires.
AB150-ASA1-AA4,62,2019
195.45
(4) The
office department may promulgate rules for the operation of this
20section.
AB150-ASA1-AA4,63,922
195.50
(1) Any officer, agent or employe of any railroad who fails to fill out and
23return any forms required by this chapter, or fails to answer any question therein,
24or knowingly gives a false answer to any such question, or evades the answer to any
25such question where the fact inquired of is within his or her knowledge, or who, upon
1proper demand, fails to exhibit to the
office or department
or division of hearings and
2appeals or any person authorized to examine the same, any book, paper, account,
3record or memoranda of such railroad which is in the possession or under control of
4the officer, agent or employe, or who fails to properly use and keep the system of
5accounting prescribed by the
office department, or who refuses to do any act or thing
6in connection with such system of accounting when so directed by the
office or its 7department, the division of hearings and appeals or their authorized
8representatives, shall forfeit not less than $100 nor more than $1,000 for each
9offense.
AB150-ASA1-AA4,63,11
11195.60 (title)
Payment of office department expenses by railroads.
AB150-ASA1-AA4,64,1313
195.60
(1) Whenever the
office department in a proceeding upon its own
14motion, on complaint, or upon an application to it deems it necessary in order to carry
15out the duties imposed upon it by law to investigate the books, accounts, practices
16and activities of, or make appraisals of the property of any railroad or to render any
17engineering or accounting services to any railroad, the railroad shall pay the
18expenses attributable to such investigation, appraisal or service. The
office 19department shall ascertain such expenses,
including all expenses incurred by the
20department at the request or direction of the office and shall render a bill therefor,
21by mail, to the railroad, either at the conclusion of the investigation, appraisal or
22services, or during its progress. The bill shall constitute notice of assessment and
23demand of payment thereof. The railroad shall, within 30 days after the mailing
24thereof, pay to the
office department the amount of the special expense for which it
25is billed.
Ninety percent of the payment shall be credited to the appropriation
1account under s. 20.155 (2) (g). The total amount, in any one calendar year, for which
2any railroad becomes liable, by reason of costs incurred by the
office department 3within such calendar year, shall not exceed four-fifths of one percent of its gross
4operating revenues derived from intrastate operations in the last preceding calendar
5year. Where, under this subsection, costs are incurred within any calendar year,
6which are in excess of four-fifths of one percent of such gross operating revenues, the
7excess costs shall not be chargeable as part of the remainder under sub. (2) but shall
8be paid out of the general appropriation to the
office
department. Nothing in this
9subsection shall prevent the
office department from rendering bills in one calendar
10year for costs incurred within a previous year. For the purpose of calculating the
11costs of investigations, appraisals and other services under this subsection, 90% of
12the costs determined shall be costs of the
office
department and 10% of the costs
13determined shall be costs of state government operations.
AB150-ASA1-AA4,65,715
195.60
(2) The
office department shall annually, within 90 days after the close
16of each fiscal year, ascertain the total of its expenditures during such year which are
17reasonably attributable to the performance of its duties relating to railroads. For
18purposes of such calculation, 90% of the expenditures so determined shall be
19expenditures of the
office department and 10% of the expenditures so determined
20shall be expenditures for state government operations. The
office department shall
21deduct therefrom all amounts chargeable to railroads under sub. (1) and s. 184.10 (3).
22A sum equal to the remainder plus 10% of the remainder shall be assessed by the
23office department to the several railroads in proportion to their respective gross
24operating revenues during the last calendar year, derived from intrastate
25operations. Such assessment shall be paid within 30 days after the bill has been
1mailed to the several railroads, which bill shall constitute notice of assessment and
2demand of payment thereof. The total amount which may be assessed to the
3railroads under authority of this subsection shall not exceed one percent of the total
4gross operating revenues of such railroads, during such calendar year, derived from
5intrastate operations.
Ninety percent of the payment shall be credited to the
6appropriation account under s. 20.155 (2) (g). The railroads shall furnish such
7financial information as the
office department requires.".
AB150-ASA1-AA4,65,2413
195.60
(4) (a) Within 30 days after the date of the mailing of any bill as provided
14by subs. (1) and (2), the railroad against which such bill has been rendered may file
15with the
office division of hearings and appeals objections setting out in detail the
16grounds upon which the objector regards the bill to be excessive, erroneous, unlawful
17or invalid. The
office division of hearings and appeals, after notice to the objector,
18shall hold a hearing upon such objections, not less than 5 nor more than 10 days after
19such notice. If after such hearing the
office division of hearings and appeals finds
20any part of the bill to be excessive, erroneous, unlawful or invalid it shall record its
21findings
upon its minutes with respect to the objections and transmit to the objector
22an amended bill, in accordance with such findings. The amended bill shall have in
23all ways the same force and effect under this section as an original bill rendered
24under subs. (1) and (2).
AB150-ASA1-AA4,66,42
195.60
(4) (b) If after the hearing the
office division of hearings and appeals 3finds the entire bill unlawful or invalid, it shall notify the objector of such
4determination, in which case the original bill shall be deemed void.
AB150-ASA1-AA4,66,96
195.60
(4) (c) If after the hearing the
office division of hearings and appeals 7finds that the bill as rendered is neither excessive, erroneous, unlawful or invalid,
8either in whole or in part, it shall record such findings
upon its minutes with respect
9to the objections, and transmit to the objector notice of such finding.".
AB150-ASA1-AA4,66,12
10145. Page 1571, line 15: delete "office has been mailed to the objector, the
11office" and substitute: "
office division of hearings and appeals has been mailed to the
12objector, the
office department".
AB150-ASA1-AA4,66,2216
195.60
(6) No action for recovery of any amount paid under this section shall
17be maintained in any court unless objections have been filed with the
office division
18of hearings and appeals as provided in this section. In any action for recovery of any
19payments made under this section the claimant shall be entitled to raise every
20relevant issue of law, but the
office's findings of fact
of the division of hearings and
21appeals made pursuant to this section shall be prima facie evidence of the facts
22therein stated.
AB150-ASA1-AA4,67,53
195.60
(7) Determinations of fact expressed in bills rendered under this
4section
; and shall be considered to be findings of fact of the division of hearings and
5appeals, within the meaning of this section.
AB150-ASA1-AA4,68,612
197.10
(4) Insofar as the use, operation, service, management, control, sale,
13lease, purchase, extension, improvement, rates, value or earnings of the properties
14of the public utility or provisions looking toward the ultimate acquisition of the same
15are made subject to the terms of any contract provided for in sub. (1), and so long as
16said contract remains in force, the following sections of the statutes shall be
17inapplicable to the same: ss.
195.05, 195.10, 196.02 (1) and (2), 196.05, 196.09,
18196.10, 196.11, 196.15, 196.16, 196.19 (6), 196.20, 196.21, 196.22, 196.26, 196.28,
19196.30, 196.37, 196.39, 196.40, 196.58, 196.70, 197.01 (2) to (4), 197.02, 197.03,
20197.04, 197.05, 197.06, 197.08 and 197.09; provided that nothing in any contract
21made hereunder shall operate to prevent an appeal to the public service commission
22by any person, other than a party to said contract, upon any complaint alleging that
23any rate, fare, charge or classification, or any joint rate, or any regulation, act or
24practice relating to the production, transmission, delivery or furnishing of gas, heat,
1light or power, or any service in connection therewith, is unjustly discriminatory, or
2that any such service is inadequate or cannot be obtained. Upon said appeal the
3commission shall, as provided by law, determine and by order fix a rate, fare, charge,
4classification, joint rate or regulation, act or practice or service to be imposed,
5observed or followed in the future in lieu of that found to be unjustly discriminatory
6or inadequate.".
AB150-ASA1-AA4,68,209
226.025
(3) The appointment of the secretary of state or the designation of a
10resident agent as attorney for the service of summons, notice, pleadings or process
11under s. 180.1507 shall be applicable only to actions or proceedings against the
12foreign corporations described in this section (unless such corporations have been
13admitted to this state for purposes other than those mentioned in this section) where
14the cause of action or proceeding arises out of transactions between such foreign
15corporations and public utilities operating in this state with which such foreign
16corporations are affiliated; and to actions or proceedings by or before the public
17service commission
or office of the commissioner of railroads involving the
18transactions described in sub. (1), or involving the relation between such foreign
19corporations and public utilities operating in this state with which they are
20affiliated.
AB150-ASA1-AA4,68,2422
227.01
(13) (s) Prescribes or relates to a uniform system of accounts for any
23person, including a municipality, that is regulated by the
office of the commissioner
24of railroads or the public service commission.".
AB150-ASA1-AA4,69,74
227.43
(1) (bk) Assign a hearing examiner to preside over any hearing or review
5under ss. 26.20 (3) and (10), 84.05, 88.66 (2), 88.87 (4), 88.88 (2), 190.02 (6), 190.16
6(4) and (5), 192.324, 192.34, 192.52, 192.56, 195.28 (1), 195.285 (1), 195.29 (10),
7195.295, 195.30 (1), 195.305, 195.31, 195.32, 195.325 and 195.60.
AB150-ASA1-AA4,69,119
227.43
(5) The department of transportation shall pay all costs of the services
10of a hearing examiner assigned under sub. (1) (bg)
or (bk) or assigned to the
11department under sub. (1) (br), according to the fee schedule under sub. (3) (b).
AB150-ASA1-AA4,70,513
227.46
(2m) In any hearing or review assigned to a hearing examiner under
14s. 227.43 (1) (bg)
or (bk), the hearing examiner presiding at the hearing shall prepare
15a proposed decision, including findings of fact, conclusions of law, order and opinion,
16in a form that may be adopted as the final decision in the case. The proposed decision
17shall be a part of the record and shall be served by the division of hearings and
18appeals in the department of administration on all parties. Each party adversely
19affected by the proposed decision shall be given an opportunity to file objections to
20the proposed decision within 15 days, briefly stating the reasons and authorities for
21each objection, and to argue with respect to them before the administrator of the
22division of hearings and appeals. The administrator of the division of hearings and
23appeals may direct whether such argument shall be written or oral. If the decision
24of the administrator of the division of hearings and appeals varies in any respect from
1the decision of the hearing examiner, the decision of the administrator of the division
2of hearings and appeals shall include an explanation of the basis for each variance.
3The decision of the administrator of the division of hearings and appeals is a final
4decision of the agency subject to judicial review under s. 227.52. The department of
5transportation may petition for judicial review.
AB150-ASA1-AA4,70,97
227.46
(3) (intro.) With respect to contested cases except a hearing or review
8assigned to a hearing examiner under s. 227.43 (1) (bg)
or (bk), an agency may by rule
9or in a particular case may by order:".
AB150-ASA1-AA4,71,221
346.45
(3) (d) A railroad grade crossing which is marked with a sign in
22accordance with s. 195.285 (3). Such signs shall be erected by the maintaining
1authority only upon order of the
office of the commissioner of railroads department
2or the division of hearings and appeals as set forth in s. 195.285.".
AB150-ASA1-AA4,71,136
560.31
(3) The At the commencement of each gubernatorial term of office, the 7secretary shall exercise his or her authority under s. 15.04 (1) (c) to create one or more
8committees to advise the department on issues related to the operation of the
9heritage tourism pilot program. The secretary shall create a sufficient number of
10committees, as determined by the secretary, to address each major type of heritage
11tourism that is the focus of the heritage tourism pilot program. The secretary shall
12appoint at least 2 members of each committee created under this subsection from a
13list of names submitted by the director of the historical society.".
