AB977: Bill Text

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:

AB977,40,4 195.15 Transportation contracts, filed. Every water carrier shall, when required and within the time fixed by the office department, deliver to the office department for its use copies of all contracts which relate to the transportation of persons or property, or any service in connection therewith, made or entered into by it with any other water carrier or any shipper or other person doing business with it.

AB977, s. 129 Section 129. 195.16 of the statutes is amended to read:

AB977,40,11 195.16 Pass lists. Every water carrier shall keep and for 2 years preserve a record of every ticket, pass or mileage book issued to a resident of this state free or for a money consideration less than that charged the general public. Such record shall consist of the name of the recipient, the amount received, and the reason for issuance, and shall be open to inspection by the office department upon reasonable notice during such period of 2 years.

AB977, s. 130 Section 130. 195.20 of the statutes is amended to read:

AB977,40,22 195.20 Joint use of railroad property. Whenever, upon complaint and after hearing had, the office department finds that public convenience and necessity require the use by one or more railroads of the tracks, wires, poles, rights-of-way, switches, bridges or other property belonging to another railroad over or on any street, railroad, railway, right-of-way, bridge or viaduct, upon or over which said railroads have a right to operate, and that such use will not prevent the owners or other users thereof from performing their public duties, nor result in irreparable injury to such owners or other users thereof, the office department may, by order, direct that such use be permitted, and prescribe a reasonable compensation and reasonable terms and conditions for such joint use.

AB977, s. 131 Section 131. 195.21 of the statutes is amended to read:

AB977,41,13 195.21 Warehouses. Any person proposing to erect or maintain a public elevator or public warehouse for the purchase, sale, storage, receiving or shipping of grain, or other personal property, to be received from or transported upon any water carrier, shall be furnished by such water carrier at a reasonable rental, a site upon its property or terminal; and any private elevator or warehouse situated upon such grounds may be converted into a public elevator or warehouse at the option of the owner, upon notice in writing to the water carrier and thereby be permitted to remain thereon under the same conditions as provided herein for a public elevator or warehouse; and the office department shall, upon application by such owner, if the public interest so requires, by order, direct the water carrier to furnish such site and the office department shall make reasonable regulations therefor and in case of disagreement, the office department shall determine the rental therefor. Elevators and warehouses erected or maintained under the foregoing provisions of this section shall be subject to such rules and regulations as to charges and the manner of conducting business as the office department shall prescribe.

AB977, s. 132 Section 132. 195.26 of the statutes is amended to read:

AB977,41,23 195.26 Safety devices; block system. Every railroad and water carrier shall adopt reasonably adequate safety measures and install, operate and maintain reasonably adequate safety devices for the protection of life and property to the extent consistent with federal law. If after investigation the office department shall determine that public safety requires it, the office department may, if permitted under federal law, order a railroad to install, operate and maintain a block system or order a railroad or water carrier to install, operate, and maintain any other safety device or measure as may be necessary to render the operation of the railroad or water carrier reasonably safe.

AB977, s. 133 Section 133. 195.28 (1) of the statutes is amended to read:

AB977,42,24 195.28 (1) Petition; hearing; order. Upon petition of the department, city a city council, village board, town board, superintendent of highways or by 5 or more electors in any town, village or city, or of any railroad corporation or railroad historical society, to determine whether a public highway and railroad grade crossing protects and promotes public safety, or upon its own motion, the office department may investigate and issue an appropriate order without a public hearing. If the petitioner, railroad, railroad historical society or any interested party objects to the order and requests a hearing within 20 days after the date that the order is issued, the office department shall proceed under s. 195.04. Notice of an investigation or hearing shall be served upon the department, which shall be an interested party, and any recommendation it may file with the office at or prior to a hearing, if there is one, regarding crossing protection shall be considered as evidence in the proceeding. The office department shall determine whether the existing warning devices at such crossing are adequate to protect and promote public safety. If the office department determines, either without or after a hearing, that protection is not adequate, it may order the railroad company or railroad historical society to keep a flagman at the crossing or to install automatic signals or other suitable safety device at specific locations at such crossing. The office department may order the relocation of existing signals and devices to improve protection at a crossing. Any crossing protection installed or maintained as approved by the office department, whether by order or otherwise, shall be deemed adequate and appropriate protection for the crossing. If an interested party objects to the department's order and requests a hearing, the department shall refer the matter to the division of hearings and appeals for review as provided in s. 195.325.

AB977, s. 134 Section 134. 195.28 (1m) of the statutes is amended to read:

AB977,43,3 195.28 (1m) Arterial stop signs. In any proceeding under sub. (1), the office department may by order require that the state or municipality install at any crossing involved in such proceeding an official stop sign.

AB977, s. 135 Section 135. 195.28 (3) of the statutes is amended to read:

AB977,43,17 195.28 (3) Maintenance costs. Except as otherwise provided in this subsection, the cost of maintaining crossing protection devices ordered under sub. (1) shall be the responsibility of the railroad or railroad historical society. Any railroad company or railroad historical society that incurs expenses for maintenance of signals or other safety devices may file a claim for reimbursement with the department regardless of the date of installation of the signals or devices. At the close of each fiscal year the department shall reimburse claimants under this subsection for 50% 50 percent of the costs, as determined by the office department, incurred for maintenance of railroad crossing protection devices from the appropriations under s. 20.395 (2) (gj) and (gq). If the amount in the appropriations under s. 20.395 (2) (gj) and (gq) is not adequate to fund maintenance reimbursement under this subsection, the amount shall be prorated in the manner determined by the office department.

AB977, s. 136 Section 136. 195.28 (4) of the statutes is amended to read:

AB977,43,21 195.28 (4) Previous office orders. Subsection (3) applies to maintenance costs for all crossing protection devices regardless of any prior order of the office apportioning maintenance costs.

AB977, s. 137 Section 137. 195.285 (1) of the statutes is amended to read:

AB977,44,13 195.285 (1) Upon the petition of a railroad corporation , the department, or the governing body of any city, village, town or county asserting that the stopping of vehicles under s. 346.45 at a railroad crossing is hazardous to human life, or upon its own motion, the office department shall hold a hearing on the matter as provided under s. 195.04. Notice of petition shall be served upon the department, which shall be an interested party, and any recommendations it may file with the office regarding the hazardous effect of vehicles stopping at such crossings shall be considered as evidence in the proceedings. Upon the recommendation of the department and concurrence by the office, the petition may be dismissed without holding a hearing. If, upon the public hearing, the office department determines that it would be in the public interest to exempt vehicles specified in s. 346.45 from stopping at such grade crossing, it may order the public body having jurisdiction over the highway to erect signs, signals, markings or other devices exempting such vehicles from stopping at the crossing. If an interested party objects to the department's order and requests a hearing, the department shall refer the matter to the division of hearings and appeals for review as provided in s. 195.325.

AB977, s. 138 Section 138. 195.285 (2) of the statutes is amended to read:

AB977,44,17 195.285 (2) Signs placed upon the order of the office department under this section shall exempt vehicles from stopping as required under s. 346.45, unless a train or engine is occupying or approaching the crossing.

AB977, s. 139 Section 139. 195.285 (3) of the statutes is amended to read:

AB977,44,23 195.285 (3) The department shall establish standards for the type of signs, signals, markings or other devices for exempting vehicles from stopping as required under s. 346.45 and their location in relation to the highway and railroad track. The office department may upon petition or its own motion, with or without a hearing, order the removal of a sign exempting vehicles from stopping at a crossing.

AB977, s. 140 Section 140. 195.286 (2) of the statutes is amended to read:

AB977,45,3 195.286 (2) Signs described. Such signs shall be round and of a size, color and message as specified by the department and approved by the office. Any change in these signs shall not be retroactive.

AB977, s. 141 Section 141. 195.286 (5) of the statutes is amended to read:

AB977,45,9 195.286 (5) Other signs prohibited. No other sign of the general size or appearance of the signs provided for in this section shall be placed or permitted upon any highway, nor any sign between such advance signs except signs or signals required by law or permitted by the office department for protection at railway crossings.

AB977, s. 142 Section 142. 195.286 (8) of the statutes is amended to read:

AB977,45,14 195.286 (8) Prosecutions. The district attorney shall prosecute any person violating this section, or begin and maintain any civil action necessary for its enforcement upon the demand of any county highway commissioner, or the department, or the office.

AB977, s. 143 Section 143. 195.29 (1) of the statutes is amended to read:

AB977,46,18 195.29 (1) Petition, hearing, order. Upon petition by the common council or board of any city, village, town or county within or bordering upon which a highway or street crosses a railroad, or a highway or street is proposed to be laid out across a railroad, or a public highway bridge across a railroad is required to connect existing streets or highways, or upon petition by any railroad whose track crosses or is about to cross, or is crossed or about to be crossed by a street or highway, or upon petition by the department its own motion, in cases where provision has been made for the improvement of the highway adjacent to such crossing under any state aid or federal aid law, that public safety requires an alteration in such crossing, its approaches, the method of crossing, the location of the highway or crossing, or the closing of the crossing, and the substitution of another therefor at grade or not at grade, or the removal of obstructions to the view at such crossing, the relocation of the highway, or requires the determination of the manner of making such new crossing, or of making the proposed improvement or promoting the public safety or public convenience through any other reasonable method, and praying that the same may be ordered, the office department shall give notice to the parties in interest and proceed to investigate the same and to order a hearing thereon in the manner provided by s. 195.04. The office department shall determine what, if anything, shall be done to promote the public safety and the means by which it shall be accomplished, whether by the relocation of the highway, the alteration in such crossing, approaches, mode of crossing, location of highway crossing, closing of highway crossing, with or without the substitution of another therefor, the construction of a public highway bridge, the removal of obstructions to sight at crossing, or by the use of other reasonable methods, and by whom the same shall be made, and in case of new crossings the advisability of allowing such crossings to be established and manner of making them. If an interested party objects to the department's order and requests a hearing, the department shall refer the matter to the division of hearings and appeals for review as provided in s. 195.325.

AB977, s. 144 Section 144. 195.29 (2) of the statutes is amended to read: