SB44,877,176 192.56 (6) At a station where no agency service is provided, the application to
7the office division of hearings and appeals for such authorizing order shall set forth
8the facts showing the necessity for such action by the railroad company. Notice of
9proposed removal or abandonment shall be given by the office division of hearings
10and appeals
by posting notice in 5 conspicuous places in the town or village
11concerned; and if within 20 days after the posting of notice no objections in writing
12are filed with the office division of hearings and appeals by persons directly affected,
13an order authorizing the abandonment of the station may be issued by the office
14division of hearings and appeals. If such objections to the granting of the order are
15filed with the office division of hearings and appeals, the office division of hearings
16and appeals
shall proceed to hold a hearing in the matter as provided in subs. (4) and
17(5).
SB44, s. 2204 18Section 2204. 194.51 of the statutes is amended to read:
SB44,878,6 19194.51 Suit to recover protested tax. No suit shall be maintained in any
20court to restrain or delay the collection or payment of the taxes levied in this chapter.
21The aggrieved taxpayer shall pay the tax as and when due, and, if paid under protest,
22may at any time within 90 days from the date of such payment, sue the state in an
23action at law to recover the tax so paid. If it is finally determined that said tax, or
24any part thereof, was wrongfully collected for any reason, it shall be the duty of the
25department secretary of administration to issue a warrant on the state treasurer for

1pay out of the transportation fund the amount of such tax so adjudged to have been
2wrongfully collected, and the treasurer shall pay the same out of the transportation
3fund
. A separate suit need not be filed for each separate payment made by any
4taxpayer, but a recovery may be had in one suit for as many payments as may have
5been made within any 90-day period preceding the commencement of such an action.
6Such suits shall be commenced as provided in s. 775.01.
SB44, s. 2205 7Section 2205. 195.001 (1r) of the statutes is created to read:
SB44,878,98 195.001 (1r) "Division of hearings and appeals" means the division of hearings
9and appeals in the department of administration.
SB44, s. 2206 10Section 2206. 195.001 (2) of the statutes is repealed.
SB44, s. 2207 11Section 2207. 195.001 (3) of the statutes is created to read:
SB44,878,1212 195.001 (3) "Secretary" means the secretary of transportation.
SB44, s. 2208 13Section 2208. 195.03 (title) of the statutes is amended to read:
SB44,878,15 14195.03 (title) Office Department; powers and duties, general
15enumeration.
SB44, s. 2209 16Section 2209. 195.03 (1) of the statutes is amended to read:
SB44,878,1917 195.03 (1) Practice rules. The office department may take testimony and
18administer oaths and may promulgate rules to govern its proceedings and to regulate
19the mode and manner of all hearings. All hearings shall be open to the public.
SB44, s. 2210 20Section 2210. 195.03 (2) of the statutes is amended to read:
SB44,878,2321 195.03 (2) Office Department initiative. In any matter within its jurisdiction
22under ch. 192 or this chapter, the office department may initiate, investigate and
23order a hearing at its discretion upon such notice as it considers proper.
SB44, s. 2211 24Section 2211. 195.03 (7) of the statutes is amended to read:
SB44,879,5
1195.03 (7) Study carrier business, demand information. The office
2department may inquire into the management of the business of all railroads, and
3shall keep itself informed as to the manner in which the same is conducted, and may
4obtain from any railroad all necessary information to enable the office department
5to perform the duties and carry out the objects for which it is responsible.
SB44, s. 2212 6Section 2212. 195.03 (8) of the statutes is amended to read:
SB44,879,147 195.03 (8) Questionnaires, answers compulsory. The office department shall
8prepare forms for the purpose of obtaining the information which it may deem
9necessary or useful to the proper exercise of its functions, which shall conform as
10nearly as practicable to the forms prescribed by the interstate commerce commission
11federal surface transportation board, and shall furnish the forms to railroads, and
12every railroad receiving the forms shall cause the forms to be properly completed and
13verified under oath by its proper officer and returned to the office department within
14the time fixed by the office department.
SB44, s. 2213 15Section 2213. 195.03 (9) of the statutes is amended to read:
SB44,879,2216 195.03 (9) Examine books and files of carriers. The commissioner of railroads
17secretary or any person employed by the office department for that purpose shall,
18upon demand, have the right to inspect the books and papers of any railroad and to
19examine under oath any officer, agent or employee of such railroad in relation to its
20business and affairs; provided that any person other that than the commissioner of
21railroads
secretary who makes such demand shall produce his or her authority under
22the hand and seal of the office secretary.
SB44, s. 2214 23Section 2214. 195.03 (10) of the statutes is amended to read:
SB44,880,424 195.03 (10) Production of records and files kept out of state. The office
25department may, by an order or subpoena to be served in the manner that a circuit

1court summons is served, require the production within this state, at such time and
2place as it may designate, of any books, papers or accounts kept by any railroad
3without the state, or verified copies in lieu thereof, if the office department shall so
4order.
SB44, s. 2215 5Section 2215. 195.03 (11) of the statutes is amended to read:
SB44,880,116 195.03 (11) Uniform system of accounting. The office department may
7prescribe a uniform system of keeping and rendering accounts of all railroad
8business transacted in this state, and the time within which railroads shall adopt
9such system; provided that all forms of accounts which may be prescribed by the
10office department shall conform as nearly as practicable to similar forms prescribed
11by federal authority.
SB44, s. 2216 12Section 2216. 195.03 (12) of the statutes is repealed.
SB44, s. 2217 13Section 2217. 195.03 (13) of the statutes is repealed.
SB44, s. 2218 14Section 2218. 195.03 (14) of the statutes is repealed.
SB44, s. 2219 15Section 2219. 195.03 (15) of the statutes is repealed.
SB44, s. 2220 16Section 2220. 195.03 (16) of the statutes is repealed.
SB44, s. 2221 17Section 2221. 195.03 (17) of the statutes is amended to read:
SB44,880,2118 195.03 (17) Private tracks. The office department shall have control of private
19railroad tracks insofar as the same are used by common carriers for the
20transportation of freight, in all respects the same as though such tracks were part
21of a public railroad.
SB44, s. 2222 22Section 2222. 195.03 (18) of the statutes is amended to read:
SB44,880,2523 195.03 (18) Safety devices. The office department may make reasonable rules,
24regulations, specifications and standards for the installation, operation and
25maintenance of all safety devices and measures.
SB44, s. 2223
1Section 2223. 195.03 (19) of the statutes is amended to read:
SB44,881,32 195.03 (19) Railroad structures. The office department may order the repair
3or reconstruction of any inadequate or unsafe railroad track or structure.
SB44, s. 2224 4Section 2224. 195.03 (25) of the statutes is amended to read:
SB44,881,75 195.03 (25) Distribution of orders. The office department shall upon
6application furnish certified copies, under its seal, of any order made by it, which
7shall be prima facie evidence of the facts stated therein.
SB44, s. 2225 8Section 2225. 195.03 (28) of the statutes is amended to read:
SB44,881,119 195.03 (28) Legal Actions. The office may sue and be sued in that name, and
10department may confer with or participate in any proceedings before any regulatory
11agency of any other state or of the federal government.
SB44, s. 2226 12Section 2226. 195.03 (29) of the statutes is amended to read:
SB44,881,1713 195.03 (29) Train privileges. The employees authorized by the office
14department to perform railroad inspection duties may, in the performance of such
15duties, ride in and upon any engine, car or train of any class, of any railroad, upon
16payment of the lawful passenger fare, but such railroad shall not thereby be deemed
17to become a common carrier of passengers other than on passenger cars.
SB44, s. 2227 18Section 2227. 195.03 (30) (a) of the statutes is amended to read:
SB44,881,2119 195.03 (30) (a) The office department shall give testimony at the hearing under
20s. 350.138 (4) (b), or shall submit a written report for introduction into the hearing
21record, on the factors stated in s. 350.138 (4) (d) 1., 2., 3., and 4.
SB44, s. 2228 22Section 2228. 195.03 (30) (b) of the statutes is amended to read:
SB44,882,223 195.03 (30) (b) The office department shall give the department of natural
24resources the office's department's opinion on whether the snowmobile crossing

1should be closed or removed in testimony at the hearing under s. 350.1395 (2) (b) 2.
2or in a written report for introduction into the hearing record.
SB44, s. 2229 3Section 2229. 195.04 of the statutes is repealed.
SB44, s. 2230 4Section 2230. 195.041 of the statutes is repealed.
SB44, s. 2231 5Section 2231. 195.042 of the statutes is repealed.
SB44, s. 2232 6Section 2232. 195.043 of the statutes is repealed.
SB44, s. 2233 7Section 2233. 195.044 of the statutes is repealed.
SB44, s. 2234 8Section 2234. 195.045 of the statutes is repealed.
SB44, s. 2235 9Section 2235. 195.046 of the statutes is repealed.
SB44, s. 2236 10Section 2236. 195.047 of the statutes is repealed.
SB44, s. 2237 11Section 2237. 195.05 of the statutes is repealed.
SB44, s. 2238 12Section 2238. 195.055 of the statutes is amended to read:
SB44,882,14 13195.055 Judicial review. All orders and determinations of the office
14department under this chapter are subject to judicial review under ch. 227.
SB44, s. 2239 15Section 2239. 195.06 of the statutes is repealed.
SB44, s. 2240 16Section 2240. 195.07 (1) of the statutes is repealed.
SB44, s. 2241 17Section 2241. 195.07 (2) of the statutes is amended to read:
SB44,882,2218 195.07 (2) Attorney general and district attorney to prosecute. Upon
19request of the office department, the attorney general or the district attorney of the
20proper county shall aid in any investigation, hearing or trial had under, and shall
21institute and prosecute all necessary actions or proceedings for the enforcement of,
22laws relating to railroads.
SB44, s. 2242 23Section 2242. 195.08 of the statutes is repealed.
SB44, s. 2243 24Section 2243. 195.09 of the statutes is repealed.
SB44, s. 2244 25Section 2244. 195.10 of the statutes is repealed.
SB44, s. 2245
1Section 2245. 195.11 of the statutes is repealed.
SB44, s. 2246 2Section 2246. 195.12 of the statutes is repealed.
SB44, s. 2247 3Section 2247. 195.13 of the statutes is repealed.
SB44, s. 2248 4Section 2248. 195.14 of the statutes is repealed.
SB44, s. 2249 5Section 2249. 195.15 of the statutes is repealed.
SB44, s. 2250 6Section 2250. 195.16 of the statutes is repealed.
SB44, s. 2251 7Section 2251. 195.17 of the statutes is repealed.
SB44, s. 2252 8Section 2252. 195.19 (1) of the statutes is amended to read:
SB44,883,199 195.19 (1) Passenger. Every railroad shall provide and maintain adequate
10passenger depots equipped with proper toilet facilities at its regular stations for the
11accommodation of passengers, and said depots shall be kept clean, well-lighted and
12warmed, for the comfort and accommodation of the traveling public, and shall be kept
13open continuously from not less than 20 minutes before any train carrying
14passengers is scheduled to arrive and until such train has departed and for such
15longer period in any case as the office department may determine is necessary for the
16convenience and accommodation of the public. Where the office department
17determines that the service of certain trains in making stops on signals is in excess
18of reasonably adequate service, the provisions of this section shall not apply in
19connection with the rendition of such service.
SB44, s. 2253 20Section 2253. 195.19 (3) of the statutes is amended to read:
SB44,884,821 195.19 (3) Union depot. In every city, village or town in which 2 or more
22railroads maintain passenger depots, it shall be the duty of such railroads to
23construct, maintain and use an adequate union passenger depot, whenever practical
24and required by public convenience and necessity. If, after investigation, the office
25department shall determine that it is practicable and that public convenience and

1necessity required the construction, maintenance and use of a union passenger depot
2in any such city, village or town the office department may order such railroads to
3construct, maintain and use an adequate union passenger depot, and shall in such
4order fix the location of such depot. If the railroads shall be unable to agree upon an
5apportionment of the original cost of such union passenger depot, and the expense
6of maintaining the same, within 20 days after the service of such order, the office
7department may, after a hearing, issue a supplemental order declaring the
8apportionment of such original cost and the expense of maintaining such depot.
SB44, s. 2254 9Section 2254. 195.20 of the statutes is amended to read:
SB44,884,19 10195.20 Joint use of railroad property. Whenever, upon complaint and after
11hearing had, the office department finds that public convenience and necessity
12require
the use by one or more railroads of the tracks, wires, poles, rights-of-way,
13switches, bridges or other property belonging to another railroad over or on any
14street, railroad, railway, right-of-way, bridge or viaduct, upon or over which said
15railroads have a right to operate, and that such use will not prevent the owners or
16other users thereof from performing their public duties, nor result in irreparable
17injury to such owners or other users thereof, the office department may, by order,
18direct that such use be permitted, and prescribe a reasonable compensation and
19reasonable terms and conditions for such joint use.
SB44, s. 2255 20Section 2255. 195.21 of the statutes is amended to read:
SB44,885,11 21195.21 Warehouses. Any person proposing to erect or maintain a public
22elevator or public warehouse for the purchase, sale, storage, receiving or shipping of
23grain, or other personal property, to be received from or transported upon any
24railroad, shall be furnished by such railroad at a reasonable rental, a site upon its
25right-of-way or depot grounds, within the yard limits of any station or terminal of

1such railroad; and any private elevator or warehouse situated upon such grounds
2may be converted into a public elevator or warehouse at the option of the owner, upon
3notice in writing to the railroad and thereby be permitted to remain thereon under
4the same conditions as provided herein for a public elevator or warehouse; and the
5office department shall, upon application by such owner, if the public interest so
6requires, by order, direct the railroad to furnish such site and the office department
7shall make reasonable regulations therefor and in case of disagreement, the office
8department shall determine the rental therefor. Elevators and warehouses erected
9or maintained under the foregoing provisions of this section shall be subject to such
10rules and regulations as to charges and the manner of conducting business as the
11office department shall prescribe.
SB44, s. 2256 12Section 2256. 195.26 of the statutes is amended to read:
SB44,885,19 13195.26 Safety devices; block system. Every railroad shall adopt reasonably
14adequate safety measures and install, operate and maintain reasonably adequate
15safety devices for the protection of life and property. If after investigation the office
16department shall determine that public safety requires it, the office department may
17order the railroad to install, operate and maintain a block system or other safety
18device or measure as may be necessary to render the operation of such railroad
19reasonably safe.
SB44, s. 2257 20Section 2257. 195.27 of the statutes is amended to read:
SB44,886,3 21195.27 Safe tracks and bridges. Every railroad shall construct and
22maintain its tracks, bridges and line structures in a reasonably adequate and safe
23manner. The office may direct the department to investigate complaints in the
24manner provided by s. 195.04.
If, upon complaint or upon its own motion and after
25hearing, the office the department determines that the track or structures of any

1railroad are inadequate or unsafe for the operation of its railroad, the office
2department shall order the railroad to reconstruct or repair the inadequate or unsafe
3track or structures.
SB44, s. 2258 4Section 2258. 195.28 (1) of the statutes is amended to read:
SB44,887,85 195.28 (1) Petition; hearing; order. Upon petition of the department, city a
6city
council, village board, town board, superintendent of highways or by 5 or more
7electors in any town, village or city, or of any railroad corporation or railroad
8historical society, to determine whether a public highway and railroad grade crossing
9protects and promotes public safety, or upon its own motion, the office department
10may investigate and issue an appropriate order without a public hearing. The
11department shall issue its order on the basis of investigation and criteria
12promulgated by rule with respect to the adequacy of grade crossing protection. The
13rule may include programming criteria relating to the priority of grade crossings in
14need of protection.
If the petitioner, railroad, railroad historical society or any
15interested party objects to the order and requests a hearing within 20 days after the
16date that the order is issued, the office shall proceed under s. 195.04. Notice of an
17investigation or hearing shall be served upon the department, which shall be an
18interested party, and any recommendation it may file with the office at or prior to a
19hearing, if there is one, regarding crossing protection shall be considered as evidence
20in the proceeding
department shall refer the order to the division of hearings and
21appeals for review as provided in s. 195.325
. The office department or the division
22of hearings and appeals
shall determine whether the existing warning devices at
23such crossing are adequate to protect and promote public safety. If the office
24department or division of hearings and appeals determines, either without or after
25a hearing,
that protection any such warning device is not adequate, it may order the

1railroad company or railroad historical society to keep a flagman at the crossing or
2to install automatic signals or other suitable safety device at specific locations at
3such crossing. The office department or the division of hearings and appeals may
4order the relocation of existing signals and devices to improve protection at a
5crossing. Any crossing protection warning device installed or maintained as
6approved by the office department or the division of hearings and appeals, whether
7by order or otherwise, shall be deemed adequate and appropriate protection for the
8crossing.
SB44, s. 2259 9Section 2259. 195.28 (3) of the statutes is amended to read:
SB44,887,2210 195.28 (3) Maintenance costs. Except as otherwise provided in this
11subsection, the cost of maintaining crossing protection warning devices ordered
12under sub. (1) shall be the responsibility of the railroad or railroad historical society.
13Any railroad company or railroad historical society that incurs expenses for
14maintenance of signals or other safety devices may file a claim for reimbursement
15with the department regardless of the date of installation of the signals or devices.
16At the close of each fiscal year the department shall reimburse claimants under this
17subsection for 50% of the costs, as determined by the office department, incurred for
18maintenance of railroad crossing protection warning devices from the
19appropriations under s. 20.395 (2) (gj) and (gq). If the amount in the appropriations
20under s. 20.395 (2) (gj) and (gq) is not adequate to fund maintenance reimbursement
21under this subsection, the amount shall be prorated in the manner determined by
22the office department.
SB44, s. 2260 23Section 2260. 195.28 (4) of the statutes is amended to read:
SB44,888,3
1195.28 (4) Previous office orders. Subsection (3) applies to maintenance costs
2for all crossing protection warning devices regardless of any prior order of the office
3apportioning maintenance costs.
SB44, s. 2261 4Section 2261. 195.285 (1) of the statutes is amended to read:
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