SB44: Bill Text

SB44, s. 2272 Section 2272. 195.29 (4) of the statutes is amended to read:

SB44,893,7 195.29 (4) Grade separation in Milwaukee County. The office department may upon petition of any town, city or village, or upon its own motion, when the interests of the public demand it and it is found practicable so to do, establish the grade of the tracks of any railroad, or of all the railroads throughout any county having a population of 500,000 or more, or any part thereof, and the grades of the streets or highways, or any of them, where they cross such railroad track or tracks, in anticipation of the future separation of grades of the railroad tracks from the grades of such streets or highways. The office department, before making any such order, shall mail notice to the railroad company or companies affected, the owners or occupants of any building abutting on that part of the railroad the grade of which is to be established, all 1st class cities in the county, and if the grades to be established are outside the 1st class city, the towns, cities or villages in which such grades are to be established, of the filing of such petition or that the office department contemplates establishing such grades, and fixing a time at which the 1st class cities and such other towns, cities or villages and the railroad company or companies affected thereby and any other person or corporation interested therein may be heard. The grades so established under this subsection shall be described by reference to a base or datum line to be established by the office department, from which all elevations and the height of all grades shall be measured, and the grades so established shall be such that when brought to the established grade the railroad tracks will cross the streets and highways above or below the same. Such order shall not necessarily require a present change in grade but the office department may at any time order the railroad track or tracks and the street and highways brought to the grade established or any street or highways closed by the order, in accordance with sub. (1), and may, at the time of making the order, apportion the cost of separating the grades as provided in sub. (2).

SB44, s. 2273 Section 2273. 195.29 (5) of the statutes is amended to read:

SB44,894,3 195.29 (5) Elimination of grade crossings, costs. Upon If, upon its own motion or upon petition of the department, or of the common council or board of any city, village, town or county, alleging that one or more of them have undertaken or propose to undertake to relocate or improve an existing highway or to construct a new highway in such manner as to eliminate a highway grade crossing with any railroad or so as to permanently divert a material portion of the highway traffic from a highway grade crossing with any railroad, the office shall issue notice of investigation and hearing, as provided in s. 195.04. If upon such hearing the office department finds that the public safety will be promoted by the highway relocation, improvement or new construction, the office department shall order the old crossings closed and new crossings opened as are deemed necessary for public safety. The department may issue an appropriate order without a public hearing. The order shall require the railroad company or companies to pay to the interested municipality or municipalities such sum as the office department finds to be an equitable portion of the cost of the highway relocation, improvement or new construction, if the work is performed by the municipalities; or to the state treasurer if the work is performed by the state; or to the proper county treasurer if the work is performed by the county. The sum shall be added to the joint fund available for the improvement and may be expended in like manner as the other portions of the fund.

SB44, s. 2274 Section 2274 . 195.29 (5) of the statutes, as affected by 2003 Wisconsin .... (this act), is amended to read:

SB44,894,23 195.29 (5) Elimination of grade crossings, costs. If, upon its own motion or upon petition of the common council or board of any city, village, town, or county, alleging that one or more of them have undertaken or propose to undertake to relocate or improve an existing highway or to construct a new highway in such manner as to eliminate a highway grade crossing with any railroad or so as to permanently divert a material portion of the highway traffic from a highway grade crossing with any railroad, the department finds that the public safety will be promoted by the highway relocation, improvement, or new construction, the department shall order the old crossings closed and new crossings opened as are deemed necessary for public safety. The department may issue an appropriate order without a public hearing. The order shall require the railroad company or companies to pay to the interested municipality or municipalities such sum as the department finds to be an equitable portion of the cost of the highway relocation, improvement, or new construction, if the work is performed by the municipalities; or to the state treasurer secretary of administration if the work is performed by the state; or to the proper county treasurer if the work is performed by the county. The sum shall be added to the joint fund available for the improvement and may be expended in like manner as the other portions of the fund.

SB44, s. 2275 Section 2275. 195.29 (6) of the statutes is amended to read:

SB44,895,25 195.29 (6) View at crossings; trees and brush near crossings; forfeiture. Every railroad shall keep its right-of-way clear of brush or trees for a distance of not less than 330 feet in each direction from the center of its intersection at grade with any public highway, and for such further distance as is necessary to provide an adequate view of approaching trains, from the highway. Every municipality shall keep the public highways within its jurisdiction clear of brush and shall adequately trim all trees within 330 feet of the center of any railroad highway grade crossing. Every person or corporation owning or occupying any land adjacent to any railroad highway grade crossing shall keep all brush cut and adequately trim all trees on the land within the triangles bounded on 2 sides by the railway and the highway, and on the 3rd side by a line connecting points on the center lines of the railway and the highway, 330 feet from the intersection of the center lines. The office department, upon its own motion, or upon any complaint to the effect that any work required by this subsection has not been performed, after due notice and hearing, may order the corporation, municipality or person at fault to perform the work; provided, however, that if the physical conditions at any crossing are such that the performance of the required work will not materially improve the view for highway traffic, or, if unreasonable loss would be caused thereby, the office department may excuse the party in interest from performing the same. The office department may also order the cutting of brush and the trimming of trees at private farm crossings as may be necessary and reasonable. If any person shall violate any provision of this section, or shall fail, neglect or refuse to obey any order made by the office department under this section, or any judgment, order, or decree made by the division of hearings and appeals or any court upon such an order, for every such violation, failure or refusal such person shall forfeit not less than $25 nor more than $150.

SB44, s. 2276 Section 2276. 195.29 (7) of the statutes is amended to read:

SB44,896,5 195.29 (7) Structure requirements. Whenever the office department shall order the construction or reconstruction of a crossing not at grade, it may direct that the structure required shall be of such character and constructed of such materials as it shall deem appropriate to the situation and necessary for the public interest.

SB44, s. 2277 Section 2277. 195.29 (9) of the statutes is created to read:

SB44,896,10 195.29 (9) Rules. The department shall promulgate a rule establishing criteria for determining the requirements of public safety with respect to railroad highway crossings under this section. The rule shall include criteria for apportioning expenses under this section.

SB44, s. 2278 Section 2278. 195.29 (10) of the statutes is created to read:

SB44,896,15 195.29 (10) Review of department orders. If a petitioner, railroad or any interested party objects to an order under this section within 20 days after the date that the order is issued, the department shall refer the order to the division of hearings and appeals for review as provided in s. 195.325.

SB44, s. 2279 Section 2279. 195.295 of the statutes is created to read:

SB44,897,7 195.295 Highway crossings; public warning. Notwithstanding ss. 195.28, 195.285, 195.286, 195.29, and 195.30, the department shall monitor and investigate all railroad highway grade crossings in this state, and determine, by order, rule or otherwise, for each crossing whether any warning devices, advance warning signs or other warning measures shall be required to protect and promote public safety. The department may make a determination under this section without a hearing. Any device, sign, or other measure, installed or maintained at a crossing, that conforms to a determination of the department under this section or, if no such determination has been made, that was approved by the office of the commissioner of transportation under ch. 195, 1991 stats., or the office of the commissioner of railroads under ch. 195, 2001 stats., before the effective date of this section .... [revisor inserts date], whether by order or otherwise, shall be considered adequate and appropriate warning for the crossing. If a railroad or interested party objects to an order under this section within 20 days after the date that the order is issued, the department shall refer the order to the division of hearings and appeals for review as provided in s. 195.325.

SB44, s. 2280 Section 2280. 195.30 (1) of the statutes is amended to read:

SB44,898,2 195.30 (1) Upon a petition by the common council of any city, or the board of any village, town or county within which a railroad crosses another railroad at grade, or by any such railroad, that public safety requires an alteration in the crossing or the installation of protective appliances, the office shall give notice to the parties in interest, and proceed to investigate the same and may order a hearing on the matter. The office shall determine what alteration in such crossing, if any, shall or on its own motion, the department may investigate the matter and determine what alteration in the crossing, if any, is necessary. The department shall make its determination on the basis of the criteria for public safety requirements promulgated as rules under ss. 84.05 and 195.28. The department may issue an order, with or without a hearing, specifying an alteration to be made, and by whom made and maintained, or what protective appliances shall be installed, operated and maintained at the crossing and by whom installed, operated and maintained. The office department's order shall fix the proportion of the cost and expense of such change in grade and maintenance of the crossing or of the installation, operation and maintenance of the safety appliance which shall be paid by the railroad companies, respectively. If an interested party objects to the order and requests a hearing within 20 days after the date on which the order is issued, the department shall refer the matter to the division of hearings and appeals for review as provided in s. 195.325.

SB44, s. 2281 Section 2281. 195.305 of the statutes is amended to read:

SB44,898,11 195.305 Railroad crossings; grade; expense. Whenever a railroad proposes to cross, intersect, join or unite its track with another railroad track, the surface road of the proposed track shall be above, below or at grade of the tracks proposed to be crossed as the office division of hearings and appeals determines after hearing the parties upon reasonable notice. In its determination, the office division of hearings and appeals shall fix the proportion of the expense of originally constructing, operating, and maintaining such crossing, intersecting, joining or uniting which shall be paid by the owners of the tracks respectively.

SB44, s. 2282 Section 2282. 195.31 of the statutes is amended to read:

SB44,899,21 195.31 Bridges made safe. Whenever a complaint is lodged with the office department by the common council of any city, the village board of any village, a member of a town board, or a supervisor of highways, or by 5 or more electors and taxpayers in any town, or 5 or more electors of the county in which such bridge is located, and who are users of such bridge or railway, to the effect that a bridge erected over a stream intersecting a public highway or highways upon which a railway is constructed and operated, is unsafe and dangerous to travelers over such highway or highways or bridge or railroad, and that public safety requires the alteration, the repair or reconstruction of such bridge, or the substitution of another bridge therefor, it shall be the duty of the office to give notice to the party or parties in interest, other than the petitioners, of the filing of such complaint, and to furnish a copy of the complaint to the party or parties in interest other than the petitioners, and to order a hearing thereon, in the manner provided for hearings in ss. 195.04 to 195.043. The office the department shall investigate the matter. The department may proceed in a similar manner in the absence of a petition when, in the opinion of the office department, public safety requires the alteration, repair or reconstruction of a bridge or the substitution of another bridge for the bridge in question. After the hearing, the office The department shall determine what alteration or repair or reconstruction of such bridge, and the approaches thereto, shall be made, or if it shall determine determines that public safety requires the substitution of a new bridge, it shall determine the character, manner of construction and location of such bridge and the approaches thereto. The office department shall fix the proportion of the cost and expense of such alteration, repair, reconstruction or substitution of a new bridge, including the damage to any person whose land is taken, and the special damage which the owner of any land adjoining the approaches to said bridge shall sustain by reason of the alteration, repair, reconstruction or substitution of a new bridge, to be paid by the railroad company and the city, village or town in interest. The department may issue appropriate orders incorporating its determinations and may proceed without a hearing on the matter. The department shall make its determinations on the basis of investigation and criteria for bridge safety promulgated by rule. If a petitioner or interested party objects to an order under this section within 20 days after the date that the order is issued, the department shall refer the order to the division of hearings and appeals for review as provided in s. 195.325.

SB44, s. 2283 Section 2283. 195.32 of the statutes is amended to read:

SB44,900,14 195.32 Safety gates on drawbridges. Whenever a complaint is filed with the office department to the effect that any drawbridge is not equipped with gates or other safety devices, the office department may notify the proper party or parties in interest of the complaint, and may proceed to investigate the complaint and to hold a hearing on the matter in the manner provided for hearings in ss. 195.04 to 195.043 matter. If after the investigation the office department determines that public safety requires the erection and maintenance of gates or other safety devices at the points mentioned in the complaint, it may order the county, city, village, town, corporation or person whose duty it is to maintain such bridge to erect and maintain at such points such gates or other safety devices as the office department prescribes. The office department may conduct the investigations, hold the hearings and make the orders provided for in this section upon its own motion in the same manner and with the same effect as though a complaint were filed. The department shall make its determination on the basis of the investigation and criteria for drawbridge safety promulgated by rule. If an interested party objects to an order under this section within 20 days after the date that the order is issued, the department shall refer the order to the division of hearings and appeals for review as provided in s. 195.325.

SB44, s. 2284 Section 2284. 195.325 of the statutes is created to read:

SB44,900,21 195.325 Review of department orders on crossings and bridges. If an order of the department under s. 84.05, 195.28, 195.285, 195.29, 195.295, 195.30, 195.31, or 195.32 is referred to the division of hearings and appeals for review, the division of hearings and appeals shall review the order under s. 85.013 (3) in light of the application of the criteria relating to the matter promulgated as rules by the department.

SB44, s. 2285 Section 2285. 195.33 of the statutes is repealed.

SB44, s. 2286 Section 2286. 195.34 of the statutes is amended to read:

SB44,901,3 195.34 Reports of accidents, investigation. Every railroad shall report to the office department all collisions, derailments or other accidents resulting in injury to persons, equipment or roadway arising from its operation. The office department may issue rules concerning the reporting of accidents and may also, if public interests require, cause an investigation of any accident.

SB44, s. 2287 Section 2287. 195.36 of the statutes is amended to read:

SB44,901,14 195.36 General penalty upon railroads. If any railroad shall violate any provision of this chapter, or shall do any act herein prohibited, or shall fail or refuse to perform any duty enjoined upon it, for which a penalty has not been provided, or shall fail, neglect or refuse to obey any lawful requirement or order made by the office department or division of hearings and appeals, or any judgment or decree made by any court upon its application, for every such violation, failure or refusal in respect to any matter prescribed by this chapter such railroad shall forfeit not less than $100 nor more than $10,000. The act, omission or failure of any officer, agent or other person employed by any railroad, acting within the scope of his or her employment, shall be deemed to be the act, omission or failure of such railroad.

SB44, s. 2288 Section 2288. 195.37 of the statutes is repealed.

SB44, s. 2289 Section 2289. 195.38 of the statutes is repealed.

SB44, s. 2290 Section 2290. 195.45 (1) of the statutes is amended to read:

SB44,901,22 195.45 (1) No person shall operate as a common carrier of passengers or property by water except in accordance with the terms and conditions of a certificate of public convenience and necessity issued by the office. The office shall issue any certificate upon a finding that the service proposed to be performed is in the public interest and required by public convenience and necessity department.

SB44, s. 2291 Section 2291. 195.45 (2) of the statutes is amended to read:

SB44,902,3 195.45 (2) Application for the certificate shall be made on forms furnished by the office department and shall contain such information as the office department requires.

SB44, s. 2292 Section 2292. 195.45 (4) of the statutes is amended to read:

SB44,902,6 195.45 (4) The office department may promulgate rules for the operation of this section.

SB44, s. 2293 Section 2293. 195.50 (1) of the statutes is amended to read:

SB44,902,20 195.50 (1) Any officer, agent or employee of any railroad who fails to fill out and return any forms required by this chapter, or fails to answer any question therein, or knowingly gives a false answer to any such question, or evades the answer to any such question where the fact inquired of is within his or her knowledge, or who, upon proper demand, fails to exhibit to the office or department or the division of hearings and appeals or any person authorized to examine the same, any book, paper, account, record or memoranda of such railroad which is in the possession or under control of the officer, agent or employee, or who fails to properly use and keep the system of accounting prescribed by the office department, or who refuses to do any act or thing in connection with such system of accounting when so directed by the office or its department, the division of hearings and appeals, or their authorized representatives, shall forfeit not less than $100 nor more than $1,000 for each offense.

SB44, s. 2294 Section 2294. 195.60 (title) of the statutes is amended to read:

SB44,902,22 195.60 (title) Payment of office department expenses by railroads.

SB44, s. 2295 Section 2295. 195.60 (1) of the statutes is amended to read:

SB44,903,25 195.60 (1) Whenever the office department in a proceeding upon its own motion, on complaint, or upon an application to it deems it necessary in order to carry out the duties imposed upon it by law to investigate the books, accounts, practices and activities of, or make appraisals of the property of any railroad or to render any engineering or accounting services to any railroad, the railroad shall pay the expenses attributable to such investigation, appraisal or service. The office department shall ascertain such expenses, including all expenses incurred by the department at the request or direction of the office and shall render a bill therefor, by mail, to the railroad, either at the conclusion of the investigation, appraisal or services, or during its progress. The bill shall constitute notice of assessment and demand of payment thereof. The railroad shall, within 30 days after the mailing thereof, pay to the office department the amount of the special expense for which it is billed. Ninety percent of the payment shall be deposited in the general fund and credited to the appropriation account under s. 20.155 (2) (g) 20.395 (2) (gg). The total amount, in any one calendar year, for which any railroad becomes liable, by reason of costs incurred by the office department within such calendar year, shall not exceed four-fifths of one percent of its gross operating revenues derived from intrastate operations in the last preceding calendar year. Where, under this subsection, costs are incurred within any calendar year, which are in excess of four-fifths of one percent of such gross operating revenues, the excess costs shall not be chargeable as part of the remainder under sub. (2) but shall be paid out of the general appropriation to the office department. Nothing in this subsection shall prevent the office department from rendering bills in one calendar year for costs incurred within a previous year. For the purpose of calculating the costs of investigations, appraisals and other services under this subsection, 90% of the costs determined shall be costs of the office department and 10% of the costs determined shall be costs of state government operations.

SB44, s. 2296 Section 2296. 195.60 (2) of the statutes is amended to read:

SB44,904,20 195.60 (2) The office department shall annually, within 90 days after the close of each fiscal year, ascertain the total of its expenditures during such year which are reasonably attributable to the performance of its duties relating to railroads. For purposes of such calculation, 90% of the expenditures so determined shall be expenditures of the office department and 10% of the expenditures so determined shall be expenditures for state government operations. The office department shall deduct therefrom all amounts chargeable to railroads under sub. (1) and s. 201.10 (3). A sum equal to the remainder plus 10% of the remainder shall be assessed by the office department to the several railroads in proportion to their respective gross operating revenues during the last calendar year, derived from intrastate operations. Such assessment shall be paid within 30 days after the bill has been mailed to the several railroads, which bill shall constitute notice of assessment and demand of payment thereof. The total amount which may be assessed to the railroads under authority of this subsection shall not exceed 1.85% of the total gross operating revenues of such railroads, during such calendar year, derived from intrastate operations. Ninety percent of the payment shall be deposited in the general fund and credited to the appropriation account under s. 20.155 (2) (g) 20.395 (2) (gg). The railroads shall furnish such financial information as the office department requires.

SB44, s. 2297 Section 2297. 195.60 (3) of the statutes is amended to read:

SB44,905,10 195.60 (3) If any railroad against which a bill has been rendered under sub. (1) or (2) within 30 days after the rendering of such bill neglects or refuses to pay the same or fails to file objections to the bill with the office division of hearings and appeals, the office department shall transmit to the state treasurer a certified copy of the bill, together with notice of neglect or refusal to pay the bill, and on the same day the office department shall mail to the railroad against which the bill has been rendered a copy of the notice which it has transmitted to the state treasurer. Within 10 days after the receipt of such notice and certified copy of such bill, the state treasurer shall levy the amount stated on such bill to be due, with interest, by distress and sale of any goods and chattels, including stocks, securities, bank accounts, evidences of debt, and accounts receivable belonging to such delinquent railroad. Such levy by distress and sale shall be governed by the provisions of s. 74.10, 1985 stats., except that it shall be made by the state treasurer and that said goods and chattels anywhere within the state may be levied upon.

SB44, s. 2298 Section 2298 . 195.60 (3) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,906,2 195.60 (3) If any railroad against which a bill has been rendered under sub. (1) or (2) within 30 days after the rendering of such bill neglects or refuses to pay the same or fails to file objections to the bill with the division of hearings and appeals, the department shall transmit to the state treasurer secretary of administration a certified copy of the bill, together with notice of neglect or refusal to pay the bill, and on the same day the department shall mail to the railroad against which the bill has been rendered a copy of the notice which it has transmitted to the state treasurer secretary of administration. Within 10 days after the receipt of such notice and certified copy of such bill, the state treasurer secretary of administration shall levy the amount stated on such bill to be due, with interest, by distress and sale of any goods and chattels, including stocks, securities, bank accounts, evidences of debt, and accounts receivable belonging to such delinquent railroad. Such levy by distress and sale shall be governed by the provisions of s. 74.10, 1985 stats., except that it shall be made by the state treasurer secretary of administration and that said goods and chattels anywhere within the state may be levied upon.

SB44, s. 2299 Section 2299. 195.60 (4) (a) of the statutes is amended to read:

SB44,906,15 195.60 (4) (a) Within 30 days after the date of the mailing of any bill as provided by subs. (1) and (2), the railroad against which such bill has been rendered may file with the office division of hearings and appeals objections setting out in detail the grounds upon which the objector regards the bill to be excessive, erroneous, unlawful or invalid. The office division of hearings and appeals, after notice to the objector and the department, shall hold a hearing upon such objections, not less than 5 nor more than 10 days after such notice. If after such hearing the office division of hearings and appeals finds any part of the bill to be excessive, erroneous, unlawful or invalid it shall record its findings upon its minutes with respect to the objections and transmit to the objector and the department an amended bill, in accordance with such findings. The amended bill shall have in all ways the same force and effect under this section as an original bill rendered under subs. (1) and (2).

SB44, s. 2300 Section 2300. 195.60 (4) (b) of the statutes is amended to read:

SB44,906,20 195.60 (4) (b) If after the hearing the office division of hearings and appeals finds the entire bill unlawful or invalid, it shall notify the objector and the department of such determination, in which case the original bill shall be deemed void.

SB44, s. 2301 Section 2301. 195.60 (4) (c) of the statutes is amended to read:

SB44,907,2 195.60 (4) (c) If after the hearing the office division of hearings and appeals finds that the bill as rendered is neither excessive, erroneous, unlawful or invalid, either in whole or in part, it shall record such findings upon its minutes with respect to the objections, and transmit to the objector and the department notice of such finding.

SB44, s. 2302 Section 2302. 195.60 (4) (d) of the statutes is amended to read:

SB44,907,14 195.60 (4) (d) If any bill against which objections have been filed is not paid within 10 days after notice of a finding that such objections have been overruled and disallowed by the office division of hearings and appeals has been mailed to the objector, the office department shall give notice of such delinquency to the state treasurer and to the objector, in the manner provided in sub. (3). The state treasurer shall then proceed to collect the amount of the bill as provided in sub. (3). If an amended bill is not paid within 10 days after a copy thereof is mailed to the objector by registered mail, the office department shall notify the state treasurer and the objector as in the case of delinquency in the payment of an original bill. The state treasurer shall then proceed to collect the amount of the bill as provided in the case of an original bill.

SB44, s. 2303 Section 2303 . 195.60 (4) (d) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,908,3 195.60 (4) (d) If any bill against which objections have been filed is not paid within 10 days after notice of a finding that such objections have been overruled and disallowed by the division of hearings and appeals has been mailed to the objector, the department shall give notice of such delinquency to the state treasurer secretary of administration and to the objector, in the manner provided in sub. (3). The state treasurer secretary of administration shall then proceed to collect the amount of the bill as provided in sub. (3). If an amended bill is not paid within 10 days after a copy thereof is mailed to the objector by registered mail, the department shall notify the state treasurer secretary of administration and the objector as in the case of delinquency in the payment of an original bill. The state treasurer secretary of administration shall then proceed to collect the amount of the bill as provided in the case of an original bill.

SB44, s. 2304 Section 2304. 195.60 (5) of the statutes is amended to read:

SB44,908,15 195.60 (5) No suit or proceeding shall be maintained in any court for the purpose of restraining or in any way delaying the collection or payment of any bill rendered under subs. (1) and (2). Every railroad against which a bill is rendered shall pay the amount thereof, and after such payment may in the manner herein provided, at any time within 2 years from the date the payment was made, sue the state in an action at law to recover the amount paid with legal interest thereon from the date of payment, upon the ground that the assessment was excessive, erroneous, unlawful or invalid in whole or in part. If it is finally determined in such action that any part of the bill for which payment was made was excessive, erroneous, unlawful or invalid, the state treasurer shall make a refund to the claimant as directed by the court, which shall be charged to the appropriations to the office department.

SB44, s. 2305 Section 2305 . 195.60 (5) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,909,4 195.60 (5) No suit or proceeding shall be maintained in any court for the purpose of restraining or in any way delaying the collection or payment of any bill rendered under subs. (1) and (2). Every railroad against which a bill is rendered shall pay the amount thereof, and after such payment may in the manner herein provided, at any time within 2 years from the date the payment was made, sue the state in an action at law to recover the amount paid with legal interest thereon from the date of payment, upon the ground that the assessment was excessive, erroneous, unlawful, or invalid in whole or in part. If it is finally determined in such action that any part of the bill for which payment was made was excessive, erroneous, unlawful, or invalid, the state treasurer secretary of administration shall make a refund to the claimant as directed by the court, which shall be charged to the appropriations to the department.

SB44, s. 2306 Section 2306. 195.60 (6) of the statutes is amended to read:

SB44,909,12 195.60 (6) No action for recovery of any amount paid under this section shall be maintained in any court unless objections have been filed with the office division of hearings and appeals as provided in this section. In any action for recovery of any payments made under this section the claimant shall be entitled to raise every relevant issue of law, but the office's findings of fact of the division of hearings and appeals made pursuant to this section shall be prima facie evidence of the facts therein stated.

SB44, s. 2307 Section 2307. 195.60 (7) (intro.) of the statutes is repealed.

SB44, s. 2308 Section 2308. 195.60 (7) (a) of the statutes is renumbered 195.60 (7) and amended to read:

SB44,909,18 195.60 (7) Determinations of fact expressed in bills rendered under this section; and shall be considered to be findings of fact of the division of hearings and appeals, within the meaning of this section.

SB44, s. 2309 Section 2309. 195.60 (7) (b) of the statutes is repealed.

SB44, s. 2310 Section 2310. 196.199 (3) (d) of the statutes is amended to read:

SB44,910,11 196.199 (3) (d) If, at any time during a proceeding under this subsection, the commission determines, after notice and reasonable opportunity to be heard, that a person has made a filing in violation of par. (c), the commission shall order the person to pay to any party to the proceeding the amount of reasonable expenses incurred by that party because of the filing, including reasonable attorney fees, and the commission may directly assess a forfeiture against the person of not less than $25 nor more than $5,000. A person against whom the commission assesses a forfeiture under this paragraph shall pay the forfeiture to the commission within 10 days after receipt of notice of the assessment or, if the person petitions for judicial review under ch. 227, within 10 days after receipt of the final decision after exhaustion of judicial review. The commission shall remit all forfeitures paid under this paragraph to the state treasurer secretary of administration for deposit in the school fund. The attorney general may bring an action in the name of the state to collect any forfeiture assessed by the commission under this paragraph that has not been paid as provided in this paragraph. The only contestable issue in such an action is whether or not the forfeiture has been paid.

SB44, s. 2311 Section 2311. 196.218 (3) (a) 3. b. of the statutes is amended to read:

SB44,910,14 196.218 (3) (a) 3. b. The amounts appropriated under ss. 20.255 (3) (q), 20.275 (1) and (4) (s), (t), and (tm) and 20.285 (1) (q).

SB44, s. 2312 Section 2312. 196.218 (4t) of the statutes is amended to read:

SB44,910,21 196.218 (4t) Educational telecommunications access program rules. The commission, in consultation with the department of administration and the technology for educational achievement in Wisconsin board department of public instruction, shall promulgate rules specifying the telecommunications services eligible for funding through the educational telecommunications access program under s. 44.73 115.9995.

SB44, s. 2313 Section 2313. 196.218 (5) (a) 5. of the statutes is amended to read:

SB44,911,2 196.218 (5) (a) 5. To pay costs incurred under contracts under s. 16.974 to the extent that these costs are not paid under s. 44.73 115.9995 (2) (d), except that no moneys in the universal service fund may be used to pay installation costs that are necessary for a political subdivision to obtain access to bandwidth under a shared service agreement under s. 44.73 115.9995 (2r) (a).

SB44, s. 2314 Section 2314 . 196.218 (5) (a) 5. of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,911,9 196.218 (5) (a) 5. To pay costs incurred under contracts under s. 16.974 16.971 (13) to (16) to the extent that these costs are not paid under s. 115.9995 (2) (d), except that no moneys in the universal service fund may be used to pay installation costs that are necessary for a political subdivision to obtain access to bandwidth under a shared service agreement under s. 115.9995 (2r) (a).

SB44, s. 2315 Section 2315. 196.218 (5) (a) 6. of the statutes is amended to read:

SB44,911,14 196.218 (5) (a) 6. To pay the department of electronic government administration for telecommunications services provided under s. 22.05 16.972 (1) to the campuses of the University of Wisconsin System at River Falls, Stout, Superior and Whitewater.

SB44, s. 2316 Section 2316. 196.218 (5) (a) 7. of the statutes is amended to read: