AB977, s. 118 15Section 118. 195.05 (2) of the statutes is amended to read:
AB977,36,2016 195.05 (2) Time to comply with orders. Where the order made relates to
17service, and the same cannot, in the judgment of the office department, be complied
18with within 20 days, the office department may prescribe such additional time as in
19its judgment is reasonably necessary to comply with the order and may on
20application and for good cause shown further extend the time.
AB977, s. 119 21Section 119. 195.05 (4) of the statutes is amended to read:
AB977,36,2522 195.05 (4) Modification of orders. The office department may by order at any
23time, upon notice to the water carrier and after opportunity to be heard, rescind, alter
24or amend any order fixing any rate or rates, fares, charges or classification, or any
25other order made by the office department.
AB977, s. 120
1Section 120. 195.055 of the statutes is amended to read:
AB977,37,4 2195.055 Judicial review. All Subject to s. 195.325, all orders and
3determinations of the office department under this chapter are subject to judicial
4review under ch. 227.
AB977, s. 121 5Section 121. 195.06 of the statutes is amended to read:
AB977,37,14 6195.06 Office Department orders prima facie lawful. All orders,
7determinations and decisions made by the office department shall be in force and
8effective 20 days after the same has been served as required by s. 227.48 unless the
9office department shall specify a different date upon which the same shall be
10effective, and shall be prima facie lawful, and all regulations, practices and service
11prescribed by the office department shall be in force and shall be prima facie lawful
12and reasonable, until finally found otherwise upon review thereof by the division of
13hearings and appeals under s. 195.325 and ch. 227 or upon
judicial review thereof
14instituted pursuant to ch. 227.
AB977, s. 122 15Section 122. 195.07 (1) of the statutes is amended to read:
AB977,37,1916 195.07 (1) Powers. The office department shall inquire into the neglect or
17violation of the laws of this state by water carriers and railroads, or by the officers,
18agents or employees thereof, or by persons operating water carriers and railroads,
19and shall report violations to the attorney general.
AB977, s. 123 20Section 123. 195.07 (2) of the statutes is amended to read:
AB977,37,2521 195.07 (2) Attorney general and district attorney to prosecute. Upon
22request of the office department, the attorney general or the district attorney of the
23proper county shall aid in any investigation, hearing or trial had under, and shall
24institute and prosecute all necessary actions or proceedings for the enforcement of,
25laws relating to water carriers and railroads.
AB977, s. 124
1Section 124. 195.08 (2) of the statutes is amended to read:
AB977,38,102 195.08 (2) Schedules; publication. Every water carrier shall print in plain
3type and file with the office department schedules which shall be open to public
4inspection showing all rates, fares and charges for the transportation of passengers
5and property and any service in connection therewith which it has established and
6which are in force at the time between all points in this state upon its line or any line
7controlled or operated by it. The schedules shall plainly state the places upon its line
8or any line controlled or operated by it in this state between which passengers and
9property will be carried, and there shall be filed therewith the classification of freight
10in force.
AB977, s. 125 11Section 125. 195.08 (7) of the statutes is amended to read:
AB977,38,1812 195.08 (7) Changes in schedule. No change shall be made in any schedule, or
13in any classification, unless the change shall be plainly indicated upon existing
14schedules, or by filing new schedules in lieu thereof, 30 days prior to the time the
15same are to take effect. Copies of all new schedules shall be filed as required in this
16section in every terminal and office of such water carrier at places to or from which
17the rates in such schedules apply, 30 days prior to the time the same are to take effect,
18unless the office department shall prescribe a less time.
AB977, s. 126 19Section 126. 195.08 (9) of the statutes is amended to read:
AB977,39,1120 195.08 (9) Complaint against change in schedules. Whenever a complaint is
21filed with the office department before any change in any water carrier schedule, or
22in any classification, rule, regulation or practice becomes effective to the effect that
23the change is unreasonable or unjustly discriminatory, the office department shall
24give notice to the water carrier that a complaint has been made, may investigate the
25complaint and shall set the complaint for hearing. The office department may, in its

1discretion, by order, stay the change pending the determination of the matters
2investigated at any time before the change shall take effect. If the change
3complained of is found unreasonable or unjustly discriminatory, the change shall not
4take effect and, if the change has become effective, the office department shall order
5the discontinuance thereof. The office department may fix and order substituted for
6any such change such rates, joint rates, fares, charges, classification, rule,
7regulation, practice or service as it shall have determined to be just and reasonable
8and which shall be charged, imposed or followed in the future, and shall make such
9order respecting such rule, regulation, practice or service as it shall determine to be
10reasonable and which shall be observed and followed in the future. Procedure and
11notice shall be as provided in s. 195.04 (2) to (4).
AB977, s. 127 12Section 127. 195.10 of the statutes is amended to read:
AB977,39,22 13195.10 Emergency rates. The office department shall have power, when
14deemed by it necessary to prevent injury to the business or interests of the people or
15water carriers of this state in consequence of any emergency to be judged of by the
16office department, to temporarily alter, amend, or, with the consent of the water
17carrier company concerned, suspend any existing passenger rates, freight rates,
18schedules and orders on any water carrier in this state. Such rates so made by the
19office department shall apply on one or more of the water carriers in this state or any
20portion thereof as may be directed by the office department, and shall take effect at
21such time and remain in force for such length of time as may be prescribed by the
22office department.
AB977, s. 128 23Section 128. 195.15 of the statutes is amended to read:
AB977,40,4 24195.15 Transportation contracts, filed. Every water carrier shall, when
25required and within the time fixed by the office department, deliver to the office

1department for its use copies of all contracts which relate to the transportation of
2persons or property, or any service in connection therewith, made or entered into by
3it with any other water carrier or any shipper or other person doing business with
4it.
AB977, s. 129 5Section 129. 195.16 of the statutes is amended to read:
AB977,40,11 6195.16 Pass lists. Every water carrier shall keep and for 2 years preserve a
7record of every ticket, pass or mileage book issued to a resident of this state free or
8for a money consideration less than that charged the general public. Such record
9shall consist of the name of the recipient, the amount received, and the reason for
10issuance, and shall be open to inspection by the office department upon reasonable
11notice during such period of 2 years.
AB977, s. 130 12Section 130. 195.20 of the statutes is amended to read:
AB977,40,22 13195.20 Joint use of railroad property. Whenever, upon complaint and after
14hearing had, the office department finds that public convenience and necessity
15require the use by one or more railroads of the tracks, wires, poles, rights-of-way,
16switches, bridges or other property belonging to another railroad over or on any
17street, railroad, railway, right-of-way, bridge or viaduct, upon or over which said
18railroads have a right to operate, and that such use will not prevent the owners or
19other users thereof from performing their public duties, nor result in irreparable
20injury to such owners or other users thereof, the office department may, by order,
21direct that such use be permitted, and prescribe a reasonable compensation and
22reasonable terms and conditions for such joint use.
AB977, s. 131 23Section 131. 195.21 of the statutes is amended to read:
AB977,41,13 24195.21 Warehouses. Any person proposing to erect or maintain a public
25elevator or public warehouse for the purchase, sale, storage, receiving or shipping of

1grain, or other personal property, to be received from or transported upon any water
2carrier, shall be furnished by such water carrier at a reasonable rental, a site upon
3its property or terminal; and any private elevator or warehouse situated upon such
4grounds may be converted into a public elevator or warehouse at the option of the
5owner, upon notice in writing to the water carrier and thereby be permitted to remain
6thereon under the same conditions as provided herein for a public elevator or
7warehouse; and the office department shall, upon application by such owner, if the
8public interest so requires, by order, direct the water carrier to furnish such site and
9the office department shall make reasonable regulations therefor and in case of
10disagreement, the office department shall determine the rental therefor. Elevators
11and warehouses erected or maintained under the foregoing provisions of this section
12shall be subject to such rules and regulations as to charges and the manner of
13conducting business as the office department shall prescribe.
AB977, s. 132 14Section 132. 195.26 of the statutes is amended to read:
AB977,41,23 15195.26 Safety devices; block system. Every railroad and water carrier shall
16adopt reasonably adequate safety measures and install, operate and maintain
17reasonably adequate safety devices for the protection of life and property to the
18extent consistent with federal law. If after investigation the office department shall
19determine that public safety requires it, the office department may, if permitted
20under federal law, order a railroad to install, operate and maintain a block system
21or order a railroad or water carrier to install, operate, and maintain any other safety
22device or measure as may be necessary to render the operation of the railroad or
23water carrier reasonably safe.
AB977, s. 133 24Section 133. 195.28 (1) of the statutes is amended to read:
AB977,42,24
1195.28 (1) Petition; hearing; order. Upon petition of the department, city a
2city
council, village board, town board, superintendent of highways or by 5 or more
3electors in any town, village or city, or of any railroad corporation or railroad
4historical society, to determine whether a public highway and railroad grade crossing
5protects and promotes public safety, or upon its own motion, the office department
6may investigate and issue an appropriate order without a public hearing. If the
7petitioner, railroad, railroad historical society or any interested party objects to the
8order and requests a hearing within 20 days after the date that the order is issued,
9the office department shall proceed under s. 195.04. Notice of an investigation or
10hearing shall be served upon the department, which shall be an interested party, and
11any recommendation it may file with the office at or prior to a hearing, if there is one,
12regarding crossing protection shall be considered as evidence in the proceeding.
The
13office department shall determine whether the existing warning devices at such
14crossing are adequate to protect and promote public safety. If the office department
15determines, either without or after a hearing, that protection is not adequate, it may
16order the railroad company or railroad historical society to keep a flagman at the
17crossing or to install automatic signals or other suitable safety device at specific
18locations at such crossing. The office department may order the relocation of existing
19signals and devices to improve protection at a crossing. Any crossing protection
20installed or maintained as approved by the office department, whether by order or
21otherwise, shall be deemed adequate and appropriate protection for the crossing. If
22an interested party objects to the department's order and requests a hearing, the
23department shall refer the matter to the division of hearings and appeals for review
24as provided in s. 195.325.
AB977, s. 134 25Section 134. 195.28 (1m) of the statutes is amended to read:
AB977,43,3
1195.28 (1m) Arterial stop signs. In any proceeding under sub. (1), the office
2department may by order require that the state or municipality install at any
3crossing involved in such proceeding an official stop sign.
AB977, s. 135 4Section 135. 195.28 (3) of the statutes is amended to read:
AB977,43,175 195.28 (3) Maintenance costs. Except as otherwise provided in this
6subsection, the cost of maintaining crossing protection devices ordered under sub. (1)
7shall be the responsibility of the railroad or railroad historical society. Any railroad
8company or railroad historical society that incurs expenses for maintenance of
9signals or other safety devices may file a claim for reimbursement with the
10department regardless of the date of installation of the signals or devices. At the
11close of each fiscal year the department shall reimburse claimants under this
12subsection for 50% 50 percent of the costs, as determined by the office department,
13incurred for maintenance of railroad crossing protection devices from the
14appropriations under s. 20.395 (2) (gj) and (gq). If the amount in the appropriations
15under s. 20.395 (2) (gj) and (gq) is not adequate to fund maintenance reimbursement
16under this subsection, the amount shall be prorated in the manner determined by
17the office department.
AB977, s. 136 18Section 136. 195.28 (4) of the statutes is amended to read:
AB977,43,2119 195.28 (4) Previous office orders. Subsection (3) applies to maintenance costs
20for all crossing protection devices regardless of any prior order of the office
21apportioning maintenance costs.
AB977, s. 137 22Section 137. 195.285 (1) of the statutes is amended to read:
AB977,44,1323 195.285 (1) Upon the petition of a railroad corporation , the department, or the
24governing body of any city, village, town or county asserting that the stopping of
25vehicles under s. 346.45 at a railroad crossing is hazardous to human life, or upon

1its own motion,
the office department shall hold a hearing on the matter as provided
2under s. 195.04. Notice of petition shall be served upon the department, which shall
3be an interested party, and any recommendations it may file with the office regarding
4the hazardous effect of vehicles stopping at such crossings shall be considered as
5evidence in the proceedings. Upon the recommendation of the department and
6concurrence by the office, the petition may be dismissed without holding a hearing.
7 If, upon the public hearing, the office department determines that it would be in the
8public interest to exempt vehicles specified in s. 346.45 from stopping at such grade
9crossing, it may order the public body having jurisdiction over the highway to erect
10signs, signals, markings or other devices exempting such vehicles from stopping at
11the crossing. If an interested party objects to the department's order and requests
12a hearing, the department shall refer the matter to the division of hearings and
13appeals for review as provided in s. 195.325.
AB977, s. 138 14Section 138. 195.285 (2) of the statutes is amended to read:
AB977,44,1715 195.285 (2) Signs placed upon the order of the office department under this
16section shall exempt vehicles from stopping as required under s. 346.45, unless a
17train or engine is occupying or approaching the crossing.
AB977, s. 139 18Section 139. 195.285 (3) of the statutes is amended to read:
AB977,44,2319 195.285 (3) The department shall establish standards for the type of signs,
20signals, markings or other devices for exempting vehicles from stopping as required
21under s. 346.45 and their location in relation to the highway and railroad track. The
22office department may upon petition or its own motion, with or without a hearing,
23order the removal of a sign exempting vehicles from stopping at a crossing.
AB977, s. 140 24Section 140. 195.286 (2) of the statutes is amended to read:
AB977,45,3
1195.286 (2) Signs described. Such signs shall be round and of a size, color and
2message as specified by the department and approved by the office. Any change in
3these signs shall not be retroactive.
AB977, s. 141 4Section 141. 195.286 (5) of the statutes is amended to read:
AB977,45,95 195.286 (5) Other signs prohibited. No other sign of the general size or
6appearance of the signs provided for in this section shall be placed or permitted upon
7any highway, nor any sign between such advance signs except signs or signals
8required by law or permitted by the office department for protection at railway
9crossings.
AB977, s. 142 10Section 142. 195.286 (8) of the statutes is amended to read:
AB977,45,1411 195.286 (8) Prosecutions. The district attorney shall prosecute any person
12violating this section, or begin and maintain any civil action necessary for its
13enforcement upon the demand of any county highway commissioner, or the
14department, or the office.
AB977, s. 143 15Section 143. 195.29 (1) of the statutes is amended to read:
AB977,46,1816 195.29 (1) Petition, hearing, order. Upon petition by the common council or
17board of any city, village, town or county within or bordering upon which a highway
18or street crosses a railroad, or a highway or street is proposed to be laid out across
19a railroad, or a public highway bridge across a railroad is required to connect existing
20streets or highways, or upon petition by any railroad whose track crosses or is about
21to cross, or is crossed or about to be crossed by a street or highway, or upon petition
22by the department
its own motion, in cases where provision has been made for the
23improvement of the highway adjacent to such crossing under any state aid or federal
24aid law, that public safety requires an alteration in such crossing, its approaches, the
25method of crossing, the location of the highway or crossing, or the closing of the

1crossing, and the substitution of another therefor at grade or not at grade, or the
2removal of obstructions to the view at such crossing, the relocation of the highway,
3or requires the determination of the manner of making such new crossing, or of
4making the proposed improvement or promoting the public safety or public
5convenience through any other reasonable method, and praying that the same may
6be ordered, the office department shall give notice to the parties in interest and
7proceed to investigate the same and to order a hearing thereon in the manner
8provided by s. 195.04. The office department shall determine what, if anything, shall
9be done to promote the public safety and the means by which it shall be accomplished,
10whether by the relocation of the highway, the alteration in such crossing, approaches,
11mode of crossing, location of highway crossing, closing of highway crossing, with or
12without the substitution of another therefor, the construction of a public highway
13bridge, the removal of obstructions to sight at crossing, or by the use of other
14reasonable methods, and by whom the same shall be made, and in case of new
15crossings the advisability of allowing such crossings to be established and manner
16of making them. If an interested party objects to the department's order and requests
17a hearing, the department shall refer the matter to the division of hearings and
18appeals for review as provided in s. 195.325.
AB977, s. 144 19Section 144. 195.29 (2) of the statutes is amended to read:
AB977,47,320 195.29 (2) Apportionment of expense. The office department shall fix the
21proportion of the cost and expense of alterations, removals and new crossings, or any
22other work ordered, including the damages to any person whose land is taken, and
23the special damages which the owner of any land adjoining the public street or
24highway shall sustain by reason of a change in the grade of such street or highway,
25or by reason of the removal of obstructions to view at such crossings, to be paid or

1borne by the railroad companies and the municipalities in interest. In fixing such
2proportion, the office department may order such cost and expense so apportioned
3to be paid by the parties against which the apportionment shall be made.
AB977, s. 145 4Section 145. 195.29 (3) of the statutes is amended to read:
AB977,47,165 195.29 (3) Restoration of spur tracks. Whenever the office department shall
6have ordered a separation of the grade of a railway from the grade of a street or
7highway, it may, if safe and practicable and if a necessity exists therefor, order the
8alteration, restoration and connection of any track serving an industry. Demand for
9such restoration shall be in writing and filed with the office department within 90
10days after the date of the order for the separation of grades, and any such track for
11which no such demand shall have been made shall be deemed abandoned. If the
12office department shall order the alteration, restoration and connection of any such
13track, it shall by its order apportion the cost thereof between the owner of the
14industry served and the railway company, in such proportion as to the office
15department may seem just and equitable; and the office department shall in its order
16prescribe the terms and conditions for securing the payment of such cost.
AB977, s. 146 17Section 146. 195.29 (4) of the statutes is amended to read:
AB977,48,1818 195.29 (4) Grade separation in Milwaukee County. The office department may
19upon petition of any town, city or village, or upon its own motion, when the interests
20of the public demand it and it is found practicable so to do, establish the grade of the
21tracks of any railroad, or of all the railroads throughout any county having a
22population of 500,000 or more, or any part thereof, and the grades of the streets or
23highways, or any of them, where they cross such railroad track or tracks, in
24anticipation of the future separation of grades of the railroad tracks from the grades
25of such streets or highways. The office department, before making any such order,

1shall mail notice to the railroad company or companies affected, the owners or
2occupants of any building abutting on that part of the railroad the grade of which is
3to be established, all 1st class cities in the county, and if the grades to be established
4are outside the 1st class city, the towns, cities or villages in which such grades are
5to be established, of the filing of such petition or that the office department
6contemplates establishing such grades, and fixing a time at which the 1st class cities
7and such other towns, cities or villages and the railroad company or companies
8affected thereby and any other person or corporation interested therein may be
9heard. The grades so established under this subsection shall be described by
10reference to a base or datum line to be established by the office department, from
11which all elevations and the height of all grades shall be measured, and the grades
12so established shall be such that when brought to the established grade the railroad
13tracks will cross the streets and highways above or below the same. Such order shall
14not necessarily require a present change in grade but the office department may at
15any time order the railroad track or tracks and the street and highways brought to
16the grade established or any street or highways closed by the order, in accordance
17with sub. (1), and may, at the time of making the order, apportion the cost of
18separating the grades as provided in sub. (2).
AB977, s. 147 19Section 147. 195.29 (5) of the statutes is amended to read:
AB977,49,1320 195.29 (5) Elimination of grade crossings, costs. Upon its own motion or upon
21petition of the department, or of the common council or board of any city, village,
22town, or county, alleging that one or more of them have undertaken or propose to
23undertake to relocate or improve an existing highway or to construct a new highway
24in such manner as to eliminate a highway grade crossing with any railroad or so as
25to permanently divert a material portion of the highway traffic from a highway grade

1crossing with any railroad, the office department shall issue notice of investigation
2and hearing, as provided in s. 195.04. If upon such hearing the office department
3finds that the public safety will be promoted by the highway relocation,
4improvement, or new construction, the office department shall order the old
5crossings closed and new crossings opened as are deemed necessary for public safety.
6The order shall require the railroad company or companies to pay to the interested
7municipality or municipalities such sum as the office department finds to be an
8equitable portion of the cost of the highway relocation, improvement, or new
9construction, if the work is performed by the municipalities; or to the secretary of
10administration if the work is performed by the state; or to the proper county
11treasurer if the work is performed by the county. The sum shall be added to the joint
12fund available for the improvement and may be expended in like manner as the other
13portions of the fund.
AB977, s. 148 14Section 148. 195.29 (6) of the statutes is amended to read:
AB977,50,1415 195.29 (6) View at crossings; trees and brush near crossings; forfeiture.
16Every railroad shall keep its right-of-way clear of brush or trees for a distance of not
17less than 330 feet in each direction from the center of its intersection at grade with
18any public highway, and for such further distance as is necessary to provide an
19adequate view of approaching trains, from the highway. Every municipality shall
20keep the public highways within its jurisdiction clear of brush and shall adequately
21trim all trees within 330 feet of the center of any railroad highway grade crossing.
22Every person or corporation owning or occupying any land adjacent to any railroad
23highway grade crossing shall keep all brush cut and adequately trim all trees on the
24land within the triangles bounded on 2 sides by the railway and the highway, and on
25the 3rd side by a line connecting points on the center lines of the railway and the

1highway, 330 feet from the intersection of the center lines. The office department,
2upon its own motion, or upon any complaint to the effect that any work required by
3this subsection has not been performed, after due notice and hearing, may order the
4corporation, municipality or person at fault to perform the work; provided, however,
5that if the physical conditions at any crossing are such that the performance of the
6required work will not materially improve the view for highway traffic, or, if
7unreasonable loss would be caused thereby, the office department may excuse the
8party in interest from performing the same. The office department may also order
9the cutting of brush and the trimming of trees at private farm crossings as may be
10necessary and reasonable. If any person shall violate any provision of this section,
11or shall fail, neglect or refuse to obey any order made by the office department under
12this section, or any judgment, order, or decree made by the division of hearings and
13appeals or
any court upon such an order, for every such violation, failure or refusal
14such person shall forfeit not less than $25 nor more than $150.
AB977, s. 149 15Section 149. 195.29 (7) of the statutes is amended to read:
AB977,50,1916 195.29 (7) Structure requirements. Whenever the office department shall
17order the construction or reconstruction of a crossing not at grade, it may direct that
18the structure required shall be of such character and constructed of such materials
19as it shall deem appropriate to the situation and necessary for the public interest.
AB977, s. 150 20Section 150. 195.29 (9) of the statutes is created to read:
AB977,50,2321 195.29 (9) Review of department orders. If a petitioner, railroad or any
22interested party objects to an order under this section, the department shall refer the
23order to the division of hearings and appeals for review as provided in s. 195.325.
AB977, s. 151 24Section 151. 195.30 (1) of the statutes is amended to read:
AB977,51,15
1195.30 (1) Upon its own motion or upon a petition by the common council of any
2city, or the board of any village, town or county within which a railroad crosses
3another railroad at grade, or by any such railroad, that public safety requires an
4alteration in the crossing or the installation of protective appliances, the office
5department shall give notice to the parties in interest, and proceed to investigate the
6same and may order a hearing on the matter. The office department shall determine
7what alteration in such crossing, if any, shall be made, and by whom made and
8maintained, or what protective appliances shall be installed, operated and
9maintained at the crossing and by whom installed, operated and maintained. The
10office department shall fix the proportion of the cost and expense of such change in
11grade and maintenance of the crossing or of the installation, operation and
12maintenance of the safety appliance which shall be paid by the railroad companies,
13respectively. If an interested party objects to the department's order and requests
14a hearing, the department shall refer the matter to the division of hearings and
15appeals for review as provided in s. 195.325.
AB977, s. 152 16Section 152. 195.31 of the statutes is amended to read:
AB977,52,20 17195.31 Bridges made safe. Whenever a complaint is lodged with the office
18department by the common council of any city, the village board of any village, a
19member of a town board, or a supervisor of highways, or by 5 or more electors and
20taxpayers in any town, or 5 or more electors of the county in which such bridge is
21located, and who are users of such bridge or railway, to the effect that a bridge erected
22over a stream intersecting a public highway or highways upon which a railway is
23constructed and operated, is unsafe and dangerous to travelers over such highway
24or highways or bridge or railroad, and that public safety requires the alteration, the
25repair or reconstruction of such bridge, or the substitution of another bridge therefor,

1it shall be the duty of the office department to give notice to the party or parties in
2interest, other than the petitioners, of the filing of such complaint, and to furnish a
3copy of the complaint to the party or parties in interest other than the petitioners,
4and to order a hearing thereon, in the manner provided for hearings in ss. 195.04 to
5195.043. The office department may proceed in a similar manner in the absence of
6a petition when, in the opinion of the office department, public safety requires the
7alteration, repair or reconstruction of a bridge or the substitution of another bridge
8for the bridge in question. After the hearing, the office department shall determine
9what alteration or repair or reconstruction of such bridge, and the approaches
10thereto, shall be made, or if it shall determine that public safety requires the
11substitution of a new bridge, it shall determine the character, manner of construction
12and location of such bridge and the approaches thereto. The office department shall
13fix the proportion of the cost and expense of such alteration, repair, reconstruction
14or substitution of a new bridge, including the damage to any person whose land is
15taken, and the special damage which the owner of any land adjoining the approaches
16to said bridge shall sustain by reason of the alteration, repair, reconstruction or
17substitution of a new bridge, to be paid by the railroad company and the city, village
18or town in interest. If an interested party objects to the department's order under this
19section and requests a hearing, the department shall refer the matter to the division
20of hearings and appeals for review as provided in s. 195.325.
AB977, s. 153 21Section 153. 195.32 of the statutes is amended to read:
AB977,53,11 22195.32 Safety gates on drawbridges. Whenever a complaint is filed with
23the office department to the effect that any drawbridge is not equipped with gates
24or other safety devices, the office department may notify the proper party or parties
25in interest of the complaint, and may proceed to investigate the complaint and to hold

1a hearing on the matter in the manner provided for hearings in ss. 195.04 to 195.043.
2If after the investigation the office department determines that public safety
3requires the erection and maintenance of gates or other safety devices at the points
4mentioned in the complaint, it may order the county, city, village, town, corporation
5or person whose duty it is to maintain such bridge to erect and maintain at such
6points such gates or other safety devices as the office department prescribes. The
7office department may conduct the investigations, hold the hearings and make the
8orders provided for in this section upon its own motion in the same manner and with
9the same effect as though a complaint were filed. If an interested party objects to the
10department's order under this section, the department shall refer the order to the
11division of hearings and appeals for review as provided in s. 195.325.
AB977, s. 154 12Section 154. 195.325 of the statutes is created to read:
AB977,53,17 13195.325 Review of certain orders of the department. If an order of the
14department under s. 84.05, 192.324, 195.28, 195.285, 195.29, 195.30, 195.31, 195.32,
15195.37, or 195.38 is referred to the division of hearings and appeals for review, the
16division of hearings and appeals shall review the order applying the same standards
17applicable to the department.
AB977, s. 155 18Section 155. 195.34 of the statutes is amended to read:
AB977,54,4 19195.34 Reports of accidents, investigation. Every water carrier shall
20report to the office department all accidents resulting in injury to persons arising
21from its operation. The office department may issue rules concerning the reporting
22of accidents by water carriers and may also, if public interests require, cause an
23investigation of any accident. Every railroad shall submit to the office department
24a copy of any accident or injury report provided by the railroad to the applicable
25federal authority for all collisions, derailments or other accidents resulting in injury

1to persons, equipment, or roadway arising from its operation. The office department
2may issue rules concerning the submission of copies of federal reports under this
3section and may also, to the extent permitted by federal law, participate in any
4accident investigation.
AB977, s. 156 5Section 156. 195.36 of the statutes is amended to read:
AB977,54,16 6195.36 General penalty upon railroads and water carriers. If any
7railroad or water carrier shall violate any provision of this chapter, or shall do any
8act herein prohibited, or shall fail or refuse to perform any duty enjoined upon it, for
9which a penalty has not been provided, or shall fail, neglect or refuse to obey any
10lawful requirement or order made by the office department, or any judgment or
11decree made by any court upon its application, for every such violation, failure or
12refusal in respect to any matter prescribed by this chapter such railroad or water
13carrier shall forfeit not less than $100 nor more than $10,000. The act, omission or
14failure of any officer, agent or other person employed by any railroad or water carrier,
15acting within the scope of his or her employment, shall be deemed to be the act,
16omission or failure of such railroad or water carrier.
AB977, s. 157 17Section 157. 195.37 (1) of the statutes is amended to read:
AB977,55,518 195.37 (1) Complaints, investigations, hearings, findings, refund. The office
19department may investigate the complaint of any person aggrieved that the charge
20exacted by a water carrier for the transportation of property between points in this
21state, or for any service in connection with transportation of property, or that the
22charge exacted by a water carrier for the storage of such property, or that any charge
23exacted by a water carrier is erroneous, illegal, unusual or exorbitant and shall set
24the complaint for hearing as provided in s. 195.04 (2) to (4). If the office department
25finds that the rate or charge exacted by a water carrier is erroneous, illegal, unusual

1or exorbitant, it shall find what would have been a reasonable rate or charge for such
2service. If the rate or charge so found is less than the charge exacted, the carrier shall
3refund the excess. If an interested party objects to the department's order under this
4section, the department shall refer the order to the division of hearings and appeals
5for review as provided in s. 195.325.
AB977, s. 158 6Section 158. 195.37 (2) of the statutes is amended to read:
AB977,55,147 195.37 (2) Actions; findings as evidence, defenses. In an action to recover the
8amount of such excess charge, the findings of the office department shall be prima
9facie evidence of the truth of the facts found by it, and no carrier shall be permitted
10to avail itself of the defense that the shipment involved was in fact made on the
11published tariff rate in force at the time such shipment was made, but no carrier
12making a refund upon the order of the office department or the judgment of a court
13shall be liable for any penalty or subject to any prosecution on account of making such
14refund.
AB977, s. 159 15Section 159. 195.37 (3) of the statutes is amended to read:
AB977,55,1816 195.37 (3) Limitation for filing claim. All complaints provided for in sub. (1),
17except those for straight overcharges, shall be filed with the office department within
182 years after delivery of the shipment of property at destination, subject to sub. (6).
AB977, s. 160 19Section 160. 195.37 (4) (a) of the statutes is amended to read:
AB977,55,2120 195.37 (4) (a) In this subsection, "straight overcharge" means a charge in
21excess of those applicable under the lawful tariffs on file with the office department.
AB977, s. 161 22Section 161. 195.38 of the statutes is amended to read:
AB977,56,11 23195.38 Water carrier freight bills; examination; refunds. Within 3 years
24after the delivery of any shipment of property at destination by a water carrier, any
25person, firm or corporation may submit to the office department, by mail or in person,

1any water carrier expense bill or receipt showing charges paid for transportation of
2such property by freight for the purpose of having the expense bill or receipt
3examined with respect to the correctness of weights, rates and charges indicated
4thereon. Upon receipt of any such expense bill or receipt, the office department may
5make such examination as is necessary, and if it is found that any such weights, rates
6or charges are incorrect, the office department shall order the water carrier in error
7to refund to the person, firm or corporation which submitted such expense bills or
8receipts, any over or excessive charges paid by such person, firm or corporation. If
9an interested party objects to the department's order under this section, the
10department shall refer the order to the division of hearings and appeals for review
11as provided in s. 195.325.
AB977, s. 162 12Section 162. 195.45 (1) of the statutes is amended to read:
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