AB588, s. 52
7Section
52. 195.03 (9) of the statutes is amended to read:
AB588,23,148
195.03
(9) Examine books and files of
railroads and water carriers. The
9commissioner of railroads or any person employed by the office for that purpose shall,
10upon demand, have the right to inspect the books and papers of any railroad
or water
11carrier and to examine under oath any officer, agent or employee of such railroad
or
12water carrier in relation to its business and affairs; provided that any person other
13that the commissioner of railroads who makes such demand shall produce his or her
14authority under the hand and seal of the office.
AB588, s. 53
15Section
53. 195.03 (10) of the statutes is amended to read:
AB588,23,2016
195.03
(10) Production of records and files kept out of state. The office may,
17by an order or subpoena to be served in the manner that a circuit court summons is
18served, require the production within this state, at such time and place as it may
19designate, of any books, papers or accounts kept by any railroad
or water carrier 20without the state, or verified copies in lieu thereof, if the office shall so order.
AB588, s. 54
21Section
54. 195.03 (11) of the statutes is amended to read:
AB588,24,322
195.03
(11) Uniform system of accounting. The office may prescribe a uniform
23system of keeping and rendering accounts of all railroad
and water carrier business
24transacted in this state, and the time within which railroads
and water carriers shall
25adopt such system; provided that all forms of accounts which may be prescribed by
1the office shall conform
to any applicable requirement under 49 USC 11141 to 11164
2or 49 CFR 1201 and, as nearly as practicable
, to similar forms prescribed by federal
3authority.
AB588, s. 55
4Section
55. 195.03 (12) of the statutes is amended to read:
AB588,24,75
195.03
(12) Time for filing water carrier rate tariffs. The office shall fix the
6time for filing
railroad water carrier schedules relative to the transportation of
7passengers and property and of any service in connection therewith.
AB588, s. 56
8Section
56. 195.03 (13) of the statutes is amended to read:
AB588,24,109
195.03
(13) Schedule forms. The office may prescribe the forms for
railroad 10water carrier schedules.
AB588, s. 57
11Section
57. 195.03 (19) of the statutes is amended to read:
AB588,24,1412
195.03
(19) Railroad
water carrier structures. The office may order the
13repair or reconstruction of any inadequate or unsafe
railroad track or water carrier 14structure.
AB588, s. 58
15Section
58. 195.04 (1) of the statutes is amended to read:
AB588,24,2416
195.04
(1) Upon complaint of any person, including any state agency or
railroad 17water carrier, that any
railroad
water carrier rate, fare, charge, or classification or
18any regulation or practice whatever affecting the transportation of persons or
19property, or any service in connection therewith, is in any respect unreasonable or
20unjustly discriminatory or that any service is inadequate, the office may direct the
21department to investigate the complaint and shall set the complaint for hearing. The
22report of the department shall be presented to the office only at the hearing on the
23complaint, if hearing is requested and held. No order may be entered by the office
24without a public hearing.
AB588, s. 59
25Section
59. 195.04 (1m) of the statutes is created to read:
AB588,25,7
1195.04
(1m) Upon complaint of any person, including any state agency or
2railroad, regarding any railroad practice or activity over which the office has
3regulatory jurisdiction under this chapter or ch. 192, the office may direct the
4department to investigate the complaint and shall set the complaint for hearing. The
5report of the department shall be presented to the office only at the hearing on the
6complaint, if hearing is requested and held. No order may be entered by the office
7without a public hearing, except as otherwise provided in this chapter or ch. 192.
AB588, s. 60
8Section
60. 195.04 (2) of the statutes is amended to read:
AB588,25,119
195.04
(2) The office shall, prior to
such any hearing, notify the
water carrier
10or railroad complained of that a complaint has been made, and 20 days after such
11notice has been given the office may proceed to set a time and place for a hearing.
AB588, s. 61
12Section
61. 195.04 (3) of the statutes is amended to read:
AB588,25,1613
195.04
(3) The office shall give the
water carrier or railroad and the
14complainant 20 days' notice of the hearing and the matters to be considered and
15determined. Both the
water carrier or railroad and
the complainant shall be entitled
16to be heard and shall have process to enforce the attendance of witnesses.
AB588, s. 62
17Section
62. 195.041 of the statutes is amended to read:
AB588,25,22
18195.041 Separate rate hearings; absence of direct damage. The office
19may, when complaint is made of more than one
water carrier rate or charge, order
20separate hearings thereon, and may consider and determine the several matters
21complained of separately and at such times as it may prescribe. No complaint shall
22at any time be dismissed because of the absence of direct damage to the complainant.
AB588, s. 63
23Section
63. 195.042 of the statutes is amended to read:
AB588,26,4
24195.042 Summary investigations. Whenever the office believes that any
25water carrier rate or charge may be unreasonable or unjustly discriminatory or that
1any service is inadequate or cannot be obtained or that an investigation of any matter
2relating to any
water carrier or, if a matter under its jurisdiction, to any railroad
3should for any reason be made, it may
investigate the matter or request the
4department to investigate the same with or without notice.
AB588, s. 64
5Section
64. 195.043 of the statutes is amended to read:
AB588,26,12
6195.043 Procedure after summary investigation. (1) If, after summary
7investigation by the department
or the office, the office becomes satisfied that
8sufficient grounds exist to warrant a formal hearing being ordered as to the matters
9investigated, it shall set a time and place for a hearing. The office shall publish notice
10of any such investigation in its weekly calendar and the report of the department and
11all matters considered by the office with respect thereto shall be available for public
12inspection upon request.
AB588,26,19
13(2) Notice of the time and place for such hearing shall be given to the
water
14carrier or railroad, and to such other interested persons as the office deems
15necessary, as provided in s. 195.04, and thereafter proceedings shall be had and
16conducted in reference to the matter investigated in like manner as though
17complaint had been filed with the office relative to the matter investigated, and the
18same order or orders may be made in reference thereto as if such investigation had
19been made on complaint.
AB588, s. 65
20Section
65. 195.05 (title) of the statutes is amended to read:
AB588,26,22
21195.05 (title)
Office; water carrier rates, regulations, service,
22procedure.
AB588, s. 66
23Section
66. 195.05 (1) of the statutes is amended to read:
AB588,27,624
195.05
(1) Orders for rates and service. Whenever the office shall find that
25any existing
water carrier rate, fare, charge, or classification, or any joint rate, or any
1regulation or practice affecting the transportation of persons or property, or any
2service in connection therewith is unreasonable or unjustly discriminatory or that
3any service is inadequate, it shall determine and by order fix a reasonable rate, fare,
4charge, classification, joint rate, regulation, practice or service to be imposed,
5observed and followed in the future, in lieu of that found to be unreasonable or
6unjustly discriminatory or inadequate.
AB588, s. 67
7Section
67. 195.05 (3) of the statutes is amended to read:
AB588,27,128
195.05
(3) Rates not changed by railroad water carrier. All
railroads water
9carriers to which the order applies shall make such changes in their schedule on file
10as may be necessary to make the same conform to said order, and no change shall
11thereafter be made by any
railroad water carrier in any such rates, fares or charges,
12or in any joint rates except as provided in s. 195.08.
AB588, s. 68
13Section
68. 195.05 (4) of the statutes is amended to read:
AB588,27,1714
195.05
(4) Modification of orders. The office may by order at any time, upon
15notice to the
railroad water carrier and after opportunity to be heard, rescind, alter
16or amend any order fixing any rate or rates, fares, charges or classification, or any
17other order made by the office.
AB588, s. 69
18Section
69. 195.05 (5) and (6) of the statutes are repealed.
AB588, s. 70
19Section
70. 195.07 (1) of the statutes is amended to read:
AB588,27,2320
195.07
(1) Powers. The office shall inquire into the neglect or violation of the
21laws of this state by
water carriers and railroads, or by the officers, agents or
22employees thereof, or by persons operating
water carriers and railroads, and shall
23report violations to the attorney general.
AB588, s. 71
24Section
71. 195.07 (2) of the statutes is amended to read:
AB588,28,5
1195.07
(2) Attorney general and district attorney to prosecute. Upon
2request of the office, the attorney general or the district attorney of the proper county
3shall aid in any investigation, hearing or trial had under, and shall institute and
4prosecute all necessary actions or proceedings for the enforcement of, laws relating
5to
water carriers and railroads.
AB588, s. 72
6Section
72. 195.08 (title) of the statutes is amended to read:
AB588,28,7
7195.08 (title)
Railroad Water carrier rates, schedules, service.
AB588, s. 73
8Section
73. 195.08 (1r) of the statutes is amended to read:
AB588,28,149
195.08
(1r) Service rates to be adequate and just. Every
railroad water
10carrier shall furnish reasonably adequate service and facilities, and the charges
11made for the transportation of passengers or property or for any service in connection
12therewith, or for the receiving,
switching, delivering, storing or handling of property
13shall be reasonable and just, and every unjust and unreasonable charge for such
14service is prohibited and declared to be unlawful.
AB588, s. 74
15Section
74. 195.08 (2) of the statutes is amended to read:
AB588,28,2416
195.08
(2) Schedules; publication. Every
railroad water carrier shall print in
17plain type and file with the office schedules which shall be open to public inspection
18showing all rates, fares and charges for the transportation of passengers and
19property and any service in connection therewith which it has established and which
20are in force at the time between all points in this state upon its line or any line
21controlled or operated by it. The schedules shall plainly state the places upon its line
22or any line controlled or operated by it in this state between which passengers and
23property will be carried, and there shall be filed therewith the classification of freight
24in force.
AB588, s. 75
25Section
75. 195.08 (3) of the statutes is amended to read:
AB588,29,7
1195.08
(3) Schedules, rules and regulations. Every
railroad water carrier 2shall publish with and as a part of such schedules all rules and regulations that in
3any manner affect the rates charged or to be charged for the transportation of
4passengers or property
, and its charges for delay in loading or unloading
cars, for
5track and car service or rental and for demurrage, switching, terminal or transfer
6service, property or for rendering any other service in connection with the
7transportation of persons or property.
AB588, s. 76
8Section
76. 195.08 (4) of the statutes is amended to read:
AB588,29,129
195.08
(4) Schedules, copies in depots terminals. Two copies of said schedules
10for the use of the public shall be kept in every
depot, station terminal and office of
11such
railroad water carrier in such form and place as to be easily accessible to the
12public.
AB588, s. 77
13Section
77. 195.08 (5) of the statutes is repealed.
AB588, s. 78
14Section
78. 195.08 (7) of the statutes is amended to read:
AB588,29,2215
195.08
(7) Changes in schedule. No change shall be made in any schedule, or
16in any classification, unless the change shall be plainly indicated upon existing
17schedules, or by filing new schedules in lieu thereof, 30 days prior to the time the
18same are to take effect. Copies of all new schedules shall be filed as
hereinbefore
19provided required in this section in every
depot, station terminal and office of such
20railroad water carrier at places to or from which the rates in such schedules apply,
2130 days prior to the time the same are to take effect, unless the office
of the
22commissioner of railroads shall prescribe a less time.
AB588, s. 79
23Section
79. 195.08 (9) of the statutes is amended to read:
AB588,30,1624
195.08
(9) Complaint against change in schedules. Whenever a complaint is
25filed with the office before any change in any
water carrier schedule, or in any
1classification, rule, regulation or practice becomes effective to the effect that the
2change is unreasonable or unjustly discriminatory, the office shall give notice to the
3railroad water carrier that a complaint has been made, may direct the department
4to investigate the complaint and shall set the complaint for hearing. Any report of
5the department shall be presented to the office only at the hearing on the complaint.
6The office may, in its discretion, by order, stay the change pending the determination
7of the matters investigated at any time before the change shall take effect. If the
8change complained of is found unreasonable or unjustly discriminatory, the change
9shall not take effect and, if the change has become effective, the office shall order the
10discontinuance thereof. The office may fix and order substituted for any such change
11such rates, joint rates, fares, charges, classification, rule, regulation, practice or
12service as it shall have determined to be just and reasonable and which shall be
13charged, imposed or followed in the future, and shall make such order respecting
14such rule, regulation, practice or service as it shall determine to be reasonable and
15which shall be observed and followed in the future. Procedure and notice shall be as
16provided in s. 195.04 (2) to (4).
AB588, s. 80
17Section
80. 195.08 (10) of the statutes is repealed.
AB588, s. 81
18Section
81. 195.08 (11) of the statutes is amended to read:
AB588,30,2019
195.08
(11) Freight classification. There shall be but one classification of
20freight which shall be uniform on all
railroads water carriers.
AB588, s. 82
21Section
82. 195.10 of the statutes is amended to read:
AB588,31,6
22195.10 Emergency rates. The office shall have power, when deemed by it
23necessary to prevent injury to the business or interests of the people or
railroads 24water carriers of this state in consequence of
interstate rate wars, or in case of any
25other emergency to be judged of by the office, to temporarily alter, amend, or, with
1the consent of the
railroad water carrier company concerned, suspend any existing
2passenger rates, freight rates, schedules and orders on any
railroad or part of
3railroad water carrier in this state. Such rates so made by the office shall apply on
4one or more of the
railroads water carriers in this state or any portion thereof as may
5be directed by the office, and shall take effect at such time and remain in force for
6such length of time as may be prescribed by the office.
AB588, s. 83
7Section
83. 195.11 of the statutes is amended to read:
AB588,31,15
8195.11 Discriminations prohibited. (1) If any
railroad water carrier, or any
9agent or officer thereof, shall directly or indirectly, or by any device whatsoever,
10charge, demand, collect or receive a greater, less or different compensation for the
11transportation of persons or property or of any service in connection therewith than
12that prescribed in the tariffs then in force, or than it charges, demands, collects or
13receives from any other person, firm or corporation for a like and contemporaneous
14service, such
railroad water carrier shall be deemed guilty of unjust discrimination,
15which is hereby prohibited.
AB588,31,24
16(2) It shall be unlawful for any
railroad water carrier to demand, charge, collect
17or receive from any shipper a less compensation for the transportation of property
18or for any service rendered or to be rendered by said
railroad water carrier, in
19consideration of said shipper furnishing any part of the facilities incident thereto;
20but any
railroad water carrier may rent any facilities incident to transportation and
21pay a reasonable rental therefor, but no payment shall be made by any carrier to an
22industry for performing any part of the service incident to the origination or
23determination of
carload line haul shipments which the carriers have assumed to
24perform under the provisions of the bill of lading.
AB588, s. 84
25Section
84. 195.12 of the statutes is amended to read:
AB588,32,6
1195.12 Preference by water carriers prohibited. If any
railroad
water
2carrier shall make or give any undue or unreasonable preference or advantage to any
3person, firm or corporation, or shall subject any person, firm or corporation to any
4undue or unreasonable prejudice or disadvantage in any respect whatsoever, such
5railroad water carrier shall be deemed guilty of unjust discrimination, which is
6hereby prohibited.
AB588, s. 85
7Section
85. 195.13 of the statutes is amended to read:
AB588,32,16
8195.13 Rebates and concessions, unlawful to accept. It shall be unlawful
9for any person, firm or corporation knowingly to accept or receive any rebate,
10concession or discrimination in respect to
water carrier transportation of property
11wholly within this state, or for any service in connection therewith, whereby any
12such property shall, by any device whatsoever, be transported at a less rate than that
13named in the tariffs in force, or whereby any service or advantage is received other
14than is therein specified. Any person, firm or corporation violating the provisions of
15this section shall
be fined forfeit not less than $50 nor more than $1,000 for each
16offense.
AB588, s. 86
17Section
86. 195.14 of the statutes is amended to read:
AB588,33,2
18195.14 Free transportation; reduced rates, passes, limitations. (1) This
19chapter does not prohibit the carriage, storage or handling
by water carriers of
20freight free or at reduced rates for the United States, the state, or any municipality
21thereof, or for charitable purposes, or to and from fairs and expositions for exhibition
22thereat, or household goods the property of
railway
water carrier employees, or
23commodities shipped by employees for their exclusive use or consumption; or the
24issuance of mileage, commutation, party or excursion passengers' tickets; or the sale
25of such tickets as were usually and customarily sold at reduced rates prior to June
115, 1905; provided the same are issued and sold without discrimination to all persons
2applying therefor under like circumstances and conditions.
AB588,33,11
3(2) (a)
Railroads Water carriers may give transportation free or at reduced
4rates to any minister of the gospel, officers or agent of incorporated colleges, inmates
5of soldiers' homes, regular agents of charitable societies when traveling upon the
6business of the society only, destitute and homeless persons,
railroad water carrier 7officers, attorneys, physicians, directors, employees or members of their families, or
8to former
railroad water carrier employees or members of their families where the
9employees have become disabled in the
railway water carrier service, or are unable
10from physical disqualification to continue in the service, or to members of families
11of deceased
railroad water carrier employees.
AB588,33,2112
(b)
Railroads Water carriers may exchange passes with officers, attorneys,
13physicians or employees of other
railroads water carriers and members of their
14families. No person holding any public office or position under the laws of this state
15shall be given transportation free or at reduced rates that are not open to the public,
16except that notaries public and regular employees of a
railroad water carrier or other
17public utility who are candidates for or hold public office for which the annual
18compensation is not more than $300 to whom no passes or privileges are extended
19beyond those that are extended to other regular employees of such corporations may
20be granted free transportation or reduced rates for the transmission of any message
21or communication.
AB588,34,2
22(3) Upon any shipment of livestock or other property of such nature as to
23require the care of an attendant, the
railroad water carrier may furnish to the
24shipper or persons designated by the shipper, free transportation for such attendant,
1including return passage to the point at which the shipment originated; provided,
2there shall be no discrimination in reference thereto.
AB588,34,4
3(4) Except as provided in this section, no free transportation for intrastate
4traffic shall be given by any
railroad water carrier.
AB588, s. 87
5Section
87. 195.15 of the statutes is amended to read:
AB588,34,10
6195.15 Transportation contracts, filed. Every
railroad water carrier shall,
7when required and within the time fixed by the office, deliver to the office for its use
8copies of all contracts which relate to the transportation of persons or property, or any
9service in connection therewith, made or entered into by it with any other
railroad 10water carrier or any shipper or other person doing business with it.
AB588, s. 88
11Section
88. 195.16 of the statutes is amended to read:
AB588,34,17
12195.16 Pass lists. Every
railroad water carrier shall keep and for 2 years
13preserve a record of every
railroad ticket, pass or mileage book issued to a resident
14of this state free or for a money consideration less than that charged the general
15public. Such record shall consist of the name of the recipient, the amount received,
16and the reason for issuance, and shall be open to inspection by the office upon
17reasonable notice during such period of 2 years.
AB588, s. 89
18Section
89. 195.17 of the statutes is repealed.
AB588, s. 90
19Section
90. 195.19 (title) of the statutes is amended to read:
AB588,34,20
20195.19 (title)
Depots; relocation Relocation of facilities.
AB588, s. 91
21Section
91. 195.19 (1) of the statutes is repealed.
AB588, s. 92
22Section
92. 195.19 (2) of the statutes is amended to read:
AB588,35,223
195.19
(2) Freight Water carrier freight. All
railroads
water carriers shall
24keep and maintain adequate and suitable
freight depots, buildings
, switches and
1sidetracks and facilities for the receiving, handling and delivering of freight
2transported or to be transported by such
railroads
water carriers.
AB588, s. 93
3Section
93. 195.19 (3) of the statutes is repealed.
AB588, s. 94
4Section
94. 195.21 of the statutes is amended to read:
AB588,35,20
5195.21 Warehouses. Any person proposing to erect or maintain a public
6elevator or public warehouse for the purchase, sale, storage, receiving or shipping of
7grain, or other personal property, to be received from or transported upon any
8railroad water carrier, shall be furnished by such
railroad water carrier at a
9reasonable rental, a site upon its
right-of-way or depot grounds, within the yard
10limits of any station property or terminal
of such railroad; and any private elevator
11or warehouse situated upon such grounds may be converted into a public elevator or
12warehouse at the option of the owner, upon notice in writing to the
railroad water
13carrier and thereby be permitted to remain thereon under the same conditions as
14provided herein for a public elevator or warehouse; and the office shall, upon
15application by such owner, if the public interest so requires, by order, direct the
16railroad water carrier to furnish such site and the office shall make reasonable
17regulations therefor and in case of disagreement, the office shall determine the
18rental therefor. Elevators and warehouses erected or maintained under the
19foregoing provisions of this section shall be subject to such rules and regulations as
20to charges and the manner of conducting business as the office shall prescribe.
AB588, s. 95
21Section
95. 195.22 and 195.24 of the statutes are repealed.
AB588, s. 96
22Section
96. 195.26 of the statutes is amended to read:
AB588,36,6
23195.26 Safety devices; block system. Every railroad
and water carrier shall
24adopt reasonably adequate safety measures and install, operate and maintain
25reasonably adequate safety devices for the protection of life and property
to the
1extent consistent with federal law. If after investigation the office shall determine
2that public safety requires it, the office may
, if permitted under federal law, order
the 3a railroad to install, operate and maintain a block system or
order a railroad or water
4carrier to install, operate, and maintain any other safety device or measure as may
5be necessary to render the operation of
such the railroad
or water carrier reasonably
6safe.