SB44: Bill Text

SB44, s. 2191 Section 2191. 192.52 (3) of the statutes is amended to read:

SB44,874,12 192.52 (3) No railroad company operating in this state shall remove its shops from the place where the same are now located to any other point within or without this state or permanently close any shops in this state without first having secured the consent and permission of the office an order for such removal from the division of hearings and appeals, after due notice and public hearing, and in all other respects as provided for hearings in ch. 195 227. The office division of hearings and appeals shall render its decision within 30 days after such hearing.

SB44, s. 2192 Section 2192. 192.52 (4) of the statutes is amended to read:

SB44,874,18 192.52 (4) No railroad company operating in this state shall remove or transfer its terminals or permanently close any terminals in this state without the permission or consent of the office an order for such removal, transfer or closing from the division of hearings and appeals after due hearing had on the matter, in compliance with ch. 195 227.

SB44, s. 2193 Section 2193. 192.52 (5) of the statutes is amended to read:

SB44,875,4 192.52 (5) Before any railroad company operating in this state shall make any removal or transfer of shops or terminals or abandons the same, it shall file notice of intention so to do with the office division of hearings and appeals, and the office division of hearings and appeals shall have the power to investigate whether such proposed removal, transfer or abandonment, as the case may be, is in the public interest and is not unreasonable or unfair as to the employees of such railroad company. No such removal or transfer shall be made during such investigation, or thereafter, if the office division of hearings and appeals finds such removal, transfer or abandonment is not in the public interest or is unreasonable or unfair as to the employees of such railroad.

SB44, s. 2194 Section 2194. 192.53 (4) (a) of the statutes is amended to read:

SB44,875,10 192.53 (4) (a) Upon finding that any structure that is subject to the provisions of this section will not imperil life or limb, and that the public interest requires or permits the structure to be constructed or reconstructed otherwise than as permitted by the provisions of this section, the office department may exempt the structure from the provisions of this section.

SB44, s. 2195 Section 2195. 192.53 (4) (b) of the statutes is amended to read:

SB44,875,19 192.53 (4) (b) The office department shall make the findings described in par. (a) only upon written application to it to exempt the construction or reconstruction of a structure from the requirements of this section, setting forth fully the grounds therefor, and only after public hearing. The office's department's findings and order granting the exemption shall be in writing and shall contain complete provisions and requirements as to the horizontal clearance to be maintained in the construction or reconstruction. The structure shall be constructed or reconstructed only in compliance with the office's department's order.

SB44, s. 2196 Section 2196. 192.53 (5) (a) (intro.) of the statutes is amended to read:

SB44,875,24 192.53 (5) (a) (intro.) Except as otherwise provided in this section and subject to the power of the office department to make exceptions to this section in a manner similar to the power given it in sub. (4), no railroad or shipper may do any of the following:

SB44, s. 2197 Section 2197. 192.53 (6) of the statutes is amended to read:

SB44,876,4 192.53 (6) Any railroad or shipper to which this section applies, who violates any provision of this section or who fails, neglects or refuses to obey any lawful order made by the office department under this section, shall be fined not more than $100 or imprisoned for not more than 60 days or both.

SB44, s. 2198 Section 2198. 192.55 (5) of the statutes is repealed.

SB44, s. 2199 Section 2199. 192.56 (1) of the statutes is amended to read:

SB44,876,11 192.56 (1) It is unlawful for any railroad company owning or operating any railroad in whole or in part in this state, to abandon any station in any town, village or city on its line of railroad, within this state, or to remove the depot therefrom, or to withdraw agency service therefrom, without first obtaining from the office division of hearings and appeals an order authorizing such action.

SB44, s. 2200 Section 2200. 192.56 (2) of the statutes is amended to read:

SB44,876,19 192.56 (2) At a station where agency service is provided the application to the office division of hearings and appeals for such authorizing order shall set forth the facts showing the necessity for such action by the railroad company, and if the office division of hearings and appeals finds that the application is sufficient presumptively to justify the order prayed for, it shall enter an order fixing the time and place of hearing on the application, which time shall not be less than 20 days after the posting provided for in sub. (3).

SB44, s. 2201 Section 2201. 192.56 (3) of the statutes is amended to read:

SB44,876,23 192.56 (3) Notice of the time and place of the hearing and of the purpose thereof shall be given, by the office division of hearings and appeals, by posting the notice in 5 conspicuous places in the town or village.

SB44, s. 2202 Section 2202. 192.56 (5) of the statutes is amended to read:

SB44,877,4 192.56 (5) The hearing shall be held as other hearings before the office division of hearings and appeals are held as far as applicable. The office division of hearings and appeals may dismiss the application or may grant it in whole or in part and under such conditions as it may deem equitable.

SB44, s. 2203 Section 2203. 192.56 (6) of the statutes is amended to read:

SB44,877,17 192.56 (6) At a station where no agency service is provided, the application to the office division of hearings and appeals for such authorizing order shall set forth the facts showing the necessity for such action by the railroad company. Notice of proposed removal or abandonment shall be given by the office division of hearings and appeals by posting notice in 5 conspicuous places in the town or village concerned; and if within 20 days after the posting of notice no objections in writing are filed with the office division of hearings and appeals by persons directly affected, an order authorizing the abandonment of the station may be issued by the office division of hearings and appeals. If such objections to the granting of the order are filed with the office division of hearings and appeals, the office division of hearings and appeals shall proceed to hold a hearing in the matter as provided in subs. (4) and (5).

SB44, s. 2204 Section 2204. 194.51 of the statutes is amended to read:

SB44,878,6 194.51 Suit to recover protested tax. No suit shall be maintained in any court to restrain or delay the collection or payment of the taxes levied in this chapter. The aggrieved taxpayer shall pay the tax as and when due, and, if paid under protest, may at any time within 90 days from the date of such payment, sue the state in an action at law to recover the tax so paid. If it is finally determined that said tax, or any part thereof, was wrongfully collected for any reason, it shall be the duty of the department secretary of administration to issue a warrant on the state treasurer for pay out of the transportation fund the amount of such tax so adjudged to have been wrongfully collected, and the treasurer shall pay the same out of the transportation fund. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as may have been made within any 90-day period preceding the commencement of such an action. Such suits shall be commenced as provided in s. 775.01.

SB44, s. 2205 Section 2205. 195.001 (1r) of the statutes is created to read:

SB44,878,9 195.001 (1r) "Division of hearings and appeals" means the division of hearings and appeals in the department of administration.

SB44, s. 2206 Section 2206. 195.001 (2) of the statutes is repealed.

SB44, s. 2207 Section 2207. 195.001 (3) of the statutes is created to read:

SB44,878,12 195.001 (3) "Secretary" means the secretary of transportation.

SB44, s. 2208 Section 2208. 195.03 (title) of the statutes is amended to read:

SB44,878,15 195.03 (title) Office Department; powers and duties, general enumeration.

SB44, s. 2209 Section 2209. 195.03 (1) of the statutes is amended to read:

SB44,878,19 195.03 (1) Practice rules. The office department may take testimony and administer oaths and may promulgate rules to govern its proceedings and to regulate the mode and manner of all hearings. All hearings shall be open to the public.

SB44, s. 2210 Section 2210. 195.03 (2) of the statutes is amended to read:

SB44,878,23 195.03 (2) Office Department initiative. In any matter within its jurisdiction under ch. 192 or this chapter, the office department may initiate, investigate and order a hearing at its discretion upon such notice as it considers proper.

SB44, s. 2211 Section 2211. 195.03 (7) of the statutes is amended to read:

SB44,879,5 195.03 (7) Study carrier business, demand information. The office department may inquire into the management of the business of all railroads, and shall keep itself informed as to the manner in which the same is conducted, and may obtain from any railroad all necessary information to enable the office department to perform the duties and carry out the objects for which it is responsible.

SB44, s. 2212 Section 2212. 195.03 (8) of the statutes is amended to read:

SB44,879,14 195.03 (8) Questionnaires, answers compulsory. The office department shall prepare forms for the purpose of obtaining the information which it may deem necessary or useful to the proper exercise of its functions, which shall conform as nearly as practicable to the forms prescribed by the interstate commerce commission federal surface transportation board, and shall furnish the forms to railroads, and every railroad receiving the forms shall cause the forms to be properly completed and verified under oath by its proper officer and returned to the office department within the time fixed by the office department.

SB44, s. 2213 Section 2213. 195.03 (9) of the statutes is amended to read:

SB44,879,22 195.03 (9) Examine books and files of carriers. The commissioner of railroads secretary or any person employed by the office department for that purpose shall, upon demand, have the right to inspect the books and papers of any railroad and to examine under oath any officer, agent or employee of such railroad in relation to its business and affairs; provided that any person other that than the commissioner of railroads secretary who makes such demand shall produce his or her authority under the hand and seal of the office secretary.

SB44, s. 2214 Section 2214. 195.03 (10) of the statutes is amended to read:

SB44,880,4 195.03 (10) Production of records and files kept out of state. The office department may, by an order or subpoena to be served in the manner that a circuit court summons is served, require the production within this state, at such time and place as it may designate, of any books, papers or accounts kept by any railroad without the state, or verified copies in lieu thereof, if the office department shall so order.

SB44, s. 2215 Section 2215. 195.03 (11) of the statutes is amended to read:

SB44,880,11 195.03 (11) Uniform system of accounting. The office department may prescribe a uniform system of keeping and rendering accounts of all railroad business transacted in this state, and the time within which railroads shall adopt such system; provided that all forms of accounts which may be prescribed by the office department shall conform as nearly as practicable to similar forms prescribed by federal authority.

SB44, s. 2216 Section 2216. 195.03 (12) of the statutes is repealed.

SB44, s. 2217 Section 2217. 195.03 (13) of the statutes is repealed.

SB44, s. 2218 Section 2218. 195.03 (14) of the statutes is repealed.

SB44, s. 2219 Section 2219. 195.03 (15) of the statutes is repealed.

SB44, s. 2220 Section 2220. 195.03 (16) of the statutes is repealed.

SB44, s. 2221 Section 2221. 195.03 (17) of the statutes is amended to read:

SB44,880,21 195.03 (17) Private tracks. The office department shall have control of private railroad tracks insofar as the same are used by common carriers for the transportation of freight, in all respects the same as though such tracks were part of a public railroad.

SB44, s. 2222 Section 2222. 195.03 (18) of the statutes is amended to read:

SB44,880,25 195.03 (18) Safety devices. The office department may make reasonable rules, regulations, specifications and standards for the installation, operation and maintenance of all safety devices and measures.

SB44, s. 2223 Section 2223. 195.03 (19) of the statutes is amended to read:

SB44,881,3 195.03 (19) Railroad structures. The office department may order the repair or reconstruction of any inadequate or unsafe railroad track or structure.

SB44, s. 2224 Section 2224. 195.03 (25) of the statutes is amended to read:

SB44,881,7 195.03 (25) Distribution of orders. The office department shall upon application furnish certified copies, under its seal, of any order made by it, which shall be prima facie evidence of the facts stated therein.

SB44, s. 2225 Section 2225. 195.03 (28) of the statutes is amended to read:

SB44,881,11 195.03 (28) Legal Actions. The office may sue and be sued in that name, and department may confer with or participate in any proceedings before any regulatory agency of any other state or of the federal government.

SB44, s. 2226 Section 2226. 195.03 (29) of the statutes is amended to read:

SB44,881,17 195.03 (29) Train privileges. The employees authorized by the office department to perform railroad inspection duties may, in the performance of such duties, ride in and upon any engine, car or train of any class, of any railroad, upon payment of the lawful passenger fare, but such railroad shall not thereby be deemed to become a common carrier of passengers other than on passenger cars.

SB44, s. 2227 Section 2227. 195.03 (30) (a) of the statutes is amended to read:

SB44,881,21 195.03 (30) (a) The office department shall give testimony at the hearing under s. 350.138 (4) (b), or shall submit a written report for introduction into the hearing record, on the factors stated in s. 350.138 (4) (d) 1., 2., 3., and 4.

SB44, s. 2228 Section 2228. 195.03 (30) (b) of the statutes is amended to read:

SB44,882,2 195.03 (30) (b) The office department shall give the department of natural resources the office's department's opinion on whether the snowmobile crossing should be closed or removed in testimony at the hearing under s. 350.1395 (2) (b) 2. or in a written report for introduction into the hearing record.

SB44, s. 2229 Section 2229. 195.04 of the statutes is repealed.

SB44, s. 2230 Section 2230. 195.041 of the statutes is repealed.

SB44, s. 2231 Section 2231. 195.042 of the statutes is repealed.

SB44, s. 2232 Section 2232. 195.043 of the statutes is repealed.

SB44, s. 2233 Section 2233. 195.044 of the statutes is repealed.

SB44, s. 2234 Section 2234. 195.045 of the statutes is repealed.

SB44, s. 2235 Section 2235. 195.046 of the statutes is repealed.

SB44, s. 2236 Section 2236. 195.047 of the statutes is repealed.

SB44, s. 2237 Section 2237. 195.05 of the statutes is repealed.

SB44, s. 2238 Section 2238. 195.055 of the statutes is amended to read:

SB44,882,14 195.055 Judicial review. All orders and determinations of the office department under this chapter are subject to judicial review under ch. 227.

SB44, s. 2239 Section 2239. 195.06 of the statutes is repealed.

SB44, s. 2240 Section 2240. 195.07 (1) of the statutes is repealed.

SB44, s. 2241 Section 2241. 195.07 (2) of the statutes is amended to read:

SB44,882,22 195.07 (2) Attorney general and district attorney to prosecute. Upon request of the office department, the attorney general or the district attorney of the proper county shall aid in any investigation, hearing or trial had under, and shall institute and prosecute all necessary actions or proceedings for the enforcement of, laws relating to railroads.

SB44, s. 2242 Section 2242. 195.08 of the statutes is repealed.

SB44, s. 2243 Section 2243. 195.09 of the statutes is repealed.

SB44, s. 2244 Section 2244. 195.10 of the statutes is repealed.

SB44, s. 2245 Section 2245. 195.11 of the statutes is repealed.

SB44, s. 2246 Section 2246. 195.12 of the statutes is repealed.