Amendment AA4-ASA1-AB150

AB150-ASA1-AA4,7,18 " Section 773e. 20.395 (3) (iq) of the statutes is amended to read:

AB150-ASA1-AA4,7,22 20.395 (3) (iq) Administration and planning, state funds. The amounts in the schedule for the administration and planning of departmental programs by the division of highways and transportation services under subs. (1) to (3) and for activities related to railroad regulation under chs. 190 to 195.

AB150-ASA1-AA4, s. 773g Section 773g. 20.395 (3) (iv) of the statutes is amended to read:

AB150-ASA1-AA4,8,4 20.395 (3) (iv) Administration and planning, local funds. All moneys received from any local unit of government or other source for the administration and planning of departmental programs by the division of highways and transportation services under subs. (1) to (3), for such purposes.

AB150-ASA1-AA4, s. 773j Section 773j. 20.395 (3) (ix) of the statutes is amended to read:

AB150-ASA1-AA4,8,10 20.395 (3) (ix) Administration and planning, federal funds. All moneys received from the federal government for the administration and planning of departmental programs by the division of highways and transportation services under subs. (1) to (3) and for activities related to railroad regulation under chs. 190 to 195, for such purposes.".

AB150-ASA1-AA4,8,11 78. Page 466, line 20: delete that line.

AB150-ASA1-AA4,8,12 79. Page 467, line 1: delete "and of the cost containment council".

AB150-ASA1-AA4,8,13 80. Page 467, line 4: delete lines 4 and 5.

AB150-ASA1-AA4,8,14 81. Page 467, lines 11: delete lines 11 to 13 and substitute:

AB150-ASA1-AA4,8,15 " Section 1050b. 20.488 (1) (m) of the statutes is amended to read:

AB150-ASA1-AA4,8,18 20.488 (1) (m) Federal funds. All moneys received from the federal government as authorized by the governor under s. 16.54 for the purposes of the cost containment commission and the cost containment council under ch. 150.".

AB150-ASA1-AA4,8,20 82. Page 468, line 25: delete "subs. (2) (k) and (5) (ka)" and substitute "sub. (2) (k)".

AB150-ASA1-AA4,8,21 83. Page 471, line 21: delete that line.

AB150-ASA1-AA4,8,23 84. Page 471, line 22: delete the material beginning with that line and ending with page 472, line 8.

AB150-ASA1-AA4,9,1 85. Page 472, line 17: delete that line.

AB150-ASA1-AA4,9,2 86. Page 473, line 8: on lines 8 and 12, restore the stricken material.

AB150-ASA1-AA4,9,4 87. Page 473, line 9: delete "and"; after the stricken comma insert "and"; and restore the stricken "the Kickapoo valley governing board".

AB150-ASA1-AA4,9,5 88. Page 474, line 5: delete lines 5 to 11.

AB150-ASA1-AA4,9,6 89. Page 475, line 18: delete that line.

AB150-ASA1-AA4,9,7 90. Page 475, line 24: delete lines 24 and 25.

AB150-ASA1-AA4,9,8 91. Page 476, line 15: delete lines 15 to 19.

AB150-ASA1-AA4,9,9 92. Page 476, line 23: on lines 23 and 24, delete "and protection".

AB150-ASA1-AA4,9,10 93. Page 477, line 6: delete "and protection"; and delete "and (3)".

AB150-ASA1-AA4,9,12 94. Page 477, line 9: delete the material beginning with "all" and ending with "(3)," on line 10.

AB150-ASA1-AA4,9,14 95. Page 484, line 24: delete the material beginning with that line and ending with page 485, line 3.

AB150-ASA1-AA4,9,15 96. Page 488, line 5: delete lines 5 to 12.

AB150-ASA1-AA4,9,16 97. Page 491, line 7: delete the underscored material.

AB150-ASA1-AA4,9,17 98. Page 511, line 19: delete that line.

AB150-ASA1-AA4,9,18 99. Page 512, line 1: delete lines 1 and 7.

AB150-ASA1-AA4,9,19 100. Page 512, line 9: delete lines 9 and 10.

AB150-ASA1-AA4,9,20 101. Page 512, line 11: delete lines 11 to 13.

AB150-ASA1-AA4,9,21 102. Page 512, line 13: after that line insert:

AB150-ASA1-AA4,9,22 " Section 1206m. 20.923 (4) (e) 11. of the statutes is repealed.".

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.".