AB977: Bill Text

AB977, s. 84 Section 84. 195.03 (title) of the statutes is amended to read:

AB977,28,24 195.03 (title) Office Department; powers and duties, general enumeration.

AB977, s. 85 Section 85. 195.03 (1) of the statutes is amended to read:

AB977,29,3 195.03 (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.

AB977, s. 86 Section 86. 195.03 (2) of the statutes is amended to read:

AB977,29,7 195.03 (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.

AB977, s. 87 Section 87. 195.03 (7) of the statutes is amended to read:

AB977,29,14 195.03 (7) Study railroad and water carrier business, demand information. The office department may inquire into the management of the business of all railroads and water carriers, and shall keep itself informed as to the manner in which the same is conducted, and may obtain from any railroad or water carrier all necessary information to enable the office department to perform the duties and carry out the objects for which it is responsible.

AB977, s. 88 Section 88. 195.03 (8) of the statutes is amended to read:

AB977,29,24 195.03 (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 federal railroad administration, federal surface transportation board, or other applicable federal agency or authority, and shall furnish the forms to railroads and water carriers, and every railroad and water carrier 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.

AB977, s. 89 Section 89. 195.03 (9) of the statutes is amended to read:

AB977,30,8 195.03 (9) Examine books and files of railroads and water 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 or water carrier and to examine under oath any officer, agent or employee of such railroad or water carrier 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.

AB977, s. 90 Section 90. 195.03 (10) of the statutes is amended to read:

AB977,30,15 195.03 (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 or water carrier without the state, or verified copies in lieu thereof, if the office department shall so order.

AB977, s. 91 Section 91. 195.03 (11) of the statutes is amended to read:

AB977,30,23 195.03 (11) Uniform system of accounting. The office department may prescribe a uniform system of keeping and rendering accounts of all railroad and water carrier business transacted in this state, and the time within which railroads and water carriers shall adopt such system; provided that all forms of accounts which may be prescribed by the office department shall conform to any applicable requirement under 49 USC 11141 to 11164 or 49 CFR 1201 and, as nearly as practicable, to similar forms prescribed by federal authority.

AB977, s. 92 Section 92. 195.03 (12) of the statutes is amended to read:

AB977,31,3 195.03 (12) Time for filing water carrier rate tariffs. The office department shall fix the time for filing water carrier schedules relative to the transportation of passengers and property and of any service in connection therewith.

AB977, s. 93 Section 93. 195.03 (13) of the statutes is amended to read:

AB977,31,6 195.03 (13) Schedule forms. The office department may prescribe the forms for water carrier schedules.

AB977, s. 94 Section 94. 195.03 (14) of the statutes is amended to read:

AB977,31,9 195.03 (14) Passes to shippers. The office department may prescribe regulations for free transportation of attendants upon shipments of livestock.

AB977, s. 95 Section 95. 195.03 (15) of the statutes is amended to read:

AB977,31,13 195.03 (15) Elevators and warehouses. The office department may prescribe rules and regulations covering the charges and manner of conducting the business of public elevators and warehouses upon railroad ground.

AB977, s. 96 Section 96. 195.03 (16) of the statutes is amended to read:

AB977,31,18 195.03 (16) Car service. The office department may make reasonable regulations for furnishing cars to shippers, and for moving, loading and unloading cars and for weighing cars and freight, and to test railroad weights and scales used in weighing freight or cars.

AB977, s. 97 Section 97. 195.03 (17) of the statutes is amended to read:

AB977,31,23 195.03 (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.

AB977, s. 98 Section 98. 195.03 (18) of the statutes is amended to read:

AB977,32,3 195.03 (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.

AB977, s. 99 Section 99. 195.03 (19) of the statutes is amended to read:

AB977,32,7 195.03 (19) Railroad and water carrier structures. The office department may order the repair or reconstruction of any inadequate or unsafe railroad track or water carrier structure.

AB977, s. 100 Section 100. 195.03 (25) of the statutes is amended to read:

AB977,32,11 195.03 (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.

AB977, s. 101 Section 101. 195.03 (28) of the statutes is amended to read:

AB977,32,15 195.03 (28) Title. 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.

AB977, s. 102 Section 102. 195.03 (29) of the statutes is amended to read:

AB977,32,21 195.03 (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.

AB977, s. 103 Section 103. 195.03 (30) (a) of the statutes is amended to read:

AB977,32,25 195.03 (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.

AB977, s. 104 Section 104. 195.03 (30) (b) of the statutes is amended to read:

AB977,33,5 195.03 (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.

AB977, s. 105 Section 105. 195.04 (1) of the statutes is amended to read:

AB977,33,15 195.04 (1) Upon complaint of any person, including any state agency, water carrier, or railroad, either relating to a railroad as provided under s. 192.324, 192.34, 195.20, 195.28 (1), 195.285 (1), 195.29 (1), (5), or (6), 195.31, or 195.32 or that any water carrier rate, fare, charge, or classification or any regulation or practice whatever affecting the transportation of persons or property, or any service in connection therewith, is in any respect unreasonable or unjustly discriminatory or that any service is inadequate, the office department may investigate the complaint and shall set the complaint for hearing. No order may be entered by the office department without a public hearing, except as otherwise provided in this chapter.

AB977, s. 106 Section 106. 195.04 (2) of the statutes is amended to read:

AB977,33,20 195.04 (2) The office department shall, prior to any hearing, notify the water carrier or railroad complained of that a complaint has been made, and 20 days after such notice has been given the office department may proceed to set a time and place for a hearing.

AB977, s. 107 Section 107. 195.04 (3) of the statutes is amended to read:

AB977,33,25 195.04 (3) The office department shall give the water carrier or railroad and the complainant 20 days' notice of the hearing and the matters to be considered and determined. Both the water carrier or railroad and the complainant shall be entitled to be heard and shall have process to enforce the attendance of witnesses.

AB977, s. 108 Section 108. 195.041 of the statutes is amended to read:

AB977,34,7 195.041 Separate rate hearings; absence of direct damage. The office department may, when complaint is made of more than one water carrier rate or charge, order separate hearings thereon, and may consider and determine the several matters complained of separately and at such times as it may prescribe. No complaint shall at any time be dismissed because of the absence of direct damage to the complainant.

AB977, s. 109 Section 109. 195.042 of the statutes is amended to read:

AB977,34,15 195.042 Summary investigations. Whenever the office department believes that any water carrier rate or charge may be unreasonable or unjustly discriminatory or that any service is inadequate or cannot be obtained or that an investigation of any matter relating to any water carrier or, if a matter arising under s. 192.324, 192.34, 195.20, 195.28 (1), 195.285 (1), 195.29 (1), (5), or (6), 195.31, or 195.32, to any railroad should for any reason be made, it may investigate the same with or without notice.

AB977, s. 110 Section 110. 195.043 (1) of the statutes is amended to read:

AB977,34,22 195.043 (1) If, after summary investigation, the office department becomes satisfied that sufficient grounds exist to warrant a formal hearing being ordered as to the matters investigated, it shall set a time and place for a hearing. The office department shall publish notice of any such investigation in its weekly calendar and any report and all matters considered by the office department with respect thereto shall be available for public inspection upon request.

AB977, s. 111 Section 111. 195.043 (2) of the statutes is amended to read:

AB977,35,5 195.043 (2) Notice of the time and place for such hearing shall be given to the water carrier or railroad, and to such other interested persons as the office department deems necessary, as provided in s. 195.04, and thereafter proceedings shall be had and conducted in reference to the matter investigated in like manner as though complaint had been filed with the office department relative to the matter investigated, and the same order or orders may be made in reference thereto as if such investigation had been made on complaint.

AB977, s. 112 Section 112. 195.044 (1) of the statutes is amended to read:

AB977,35,13 195.044 (1) Each witness who appears before the office department or its agent, by its order, shall receive for attendance the fees and mileage now provided for witnesses in civil cases in courts of record, which shall be audited and paid by the state in the same manner as other expenses are audited and paid, upon the presentation of proper vouchers sworn to by such witnesses and approved by the office department. Said fees and mileage shall be charged to the appropriation for the office department.

AB977, s. 113 Section 113. 195.044 (2) of the statutes is amended to read:

AB977,35,18 195.044 (2) No witness subpoenaed at the instance of parties other than the office department is entitled to compensation from the state for attendance or travel unless the office department certifies that the witness' testimony was material to the matter investigated.

AB977, s. 114 Section 114. 195.045 of the statutes is amended to read:

AB977,35,24 195.045 Depositions. The office department or any party may in any hearing cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in circuit courts. Any expense incurred or authorized by the office department in taking such depositions shall be charged to the appropriation for the office department.

AB977, s. 115 Section 115. 195.046 of the statutes is amended to read:

AB977,36,2 195.046 Record. A full and complete record shall be kept of all proceedings before the office or its hearing examiners department.

AB977, s. 116 Section 116. 195.05 (title) of the statutes is amended to read:

AB977,36,5 195.05 (title) Office; water Water carrier rates, regulations, service, procedure.

AB977, s. 117 Section 117. 195.05 (1) of the statutes is amended to read:

AB977,36,14 195.05 (1) Orders for rates and service. Whenever the office department shall find that any existing water carrier rate, fare, charge, or classification, or any joint rate, or any regulation or practice affecting the transportation of persons or property, or any service in connection therewith is unreasonable or unjustly discriminatory or that any service is inadequate, it shall determine and by order fix a reasonable rate, fare, charge, classification, joint rate, regulation, practice or service to be imposed, observed and followed in the future, in lieu of that found to be unreasonable or unjustly discriminatory or inadequate.

AB977, s. 118 Section 118. 195.05 (2) of the statutes is amended to read:

AB977,36,20 195.05 (2) Time to comply with orders. Where the order made relates to service, and the same cannot, in the judgment of the office department, be complied with within 20 days, the office department may prescribe such additional time as in its judgment is reasonably necessary to comply with the order and may on application and for good cause shown further extend the time.

AB977, s. 119 Section 119. 195.05 (4) of the statutes is amended to read:

AB977,36,25 195.05 (4) Modification of orders. The office department may by order at any time, upon notice to the water carrier and after opportunity to be heard, rescind, alter or amend any order fixing any rate or rates, fares, charges or classification, or any other order made by the office department.

AB977, s. 120 Section 120. 195.055 of the statutes is amended to read:

AB977,37,4 195.055 Judicial review. All Subject to s. 195.325, all orders and determinations of the office department under this chapter are subject to judicial review under ch. 227.

AB977, s. 121 Section 121. 195.06 of the statutes is amended to read:

AB977,37,14 195.06 Office Department orders prima facie lawful. All orders, determinations and decisions made by the office department shall be in force and effective 20 days after the same has been served as required by s. 227.48 unless the office department shall specify a different date upon which the same shall be effective, and shall be prima facie lawful, and all regulations, practices and service prescribed by the office department shall be in force and shall be prima facie lawful and reasonable, until finally found otherwise upon review thereof by the division of hearings and appeals under s. 195.325 and ch. 227 or upon judicial review thereof instituted pursuant to ch. 227.

AB977, s. 122 Section 122. 195.07 (1) of the statutes is amended to read:

AB977,37,19 195.07 (1) Powers. The office department shall inquire into the neglect or violation of the laws of this state by water carriers and railroads, or by the officers, agents or employees thereof, or by persons operating water carriers and railroads, and shall report violations to the attorney general.

AB977, s. 123 Section 123. 195.07 (2) of the statutes is amended to read:

AB977,37,25 195.07 (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 water carriers and railroads.

AB977, s. 124 Section 124. 195.08 (2) of the statutes is amended to read:

AB977,38,10 195.08 (2) Schedules; publication. Every water carrier shall print in plain type and file with the office department schedules which shall be open to public inspection showing all rates, fares and charges for the transportation of passengers and property and any service in connection therewith which it has established and which are in force at the time between all points in this state upon its line or any line controlled or operated by it. The schedules shall plainly state the places upon its line or any line controlled or operated by it in this state between which passengers and property will be carried, and there shall be filed therewith the classification of freight in force.

AB977, s. 125 Section 125. 195.08 (7) of the statutes is amended to read:

AB977,38,18 195.08 (7) Changes in schedule. No change shall be made in any schedule, or in any classification, unless the change shall be plainly indicated upon existing schedules, or by filing new schedules in lieu thereof, 30 days prior to the time the same are to take effect. Copies of all new schedules shall be filed as required in this section in every terminal and office of such water carrier at places to or from which the rates in such schedules apply, 30 days prior to the time the same are to take effect, unless the office department shall prescribe a less time.

AB977, s. 126 Section 126. 195.08 (9) of the statutes is amended to read:

AB977,39,11 195.08 (9) Complaint against change in schedules. Whenever a complaint is filed with the office department before any change in any water carrier schedule, or in any classification, rule, regulation or practice becomes effective to the effect that the change is unreasonable or unjustly discriminatory, the office department shall give notice to the water carrier that a complaint has been made, may investigate the complaint and shall set the complaint for hearing. The office department may, in its discretion, by order, stay the change pending the determination of the matters investigated at any time before the change shall take effect. If the change complained of is found unreasonable or unjustly discriminatory, the change shall not take effect and, if the change has become effective, the office department shall order the discontinuance thereof. The office department may fix and order substituted for any such change such rates, joint rates, fares, charges, classification, rule, regulation, practice or service as it shall have determined to be just and reasonable and which shall be charged, imposed or followed in the future, and shall make such order respecting such rule, regulation, practice or service as it shall determine to be reasonable and which shall be observed and followed in the future. Procedure and notice shall be as provided in s. 195.04 (2) to (4).

AB977, s. 127 Section 127. 195.10 of the statutes is amended to read:

AB977,39,22 195.10 Emergency rates. The office department shall have power, when deemed by it necessary to prevent injury to the business or interests of the people or water carriers of this state in consequence of any emergency to be judged of by the office department, to temporarily alter, amend, or, with the consent of the water carrier company concerned, suspend any existing passenger rates, freight rates, schedules and orders on any water carrier in this state. Such rates so made by the office department shall apply on one or more of the water carriers in this state or any portion thereof as may be directed by the office department, and shall take effect at such time and remain in force for such length of time as may be prescribed by the office department.

AB977, s. 128 Section 128. 195.15 of the statutes is amended to read: