AB977: Bill Text

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:

AB977,47,3 195.29 (2) Apportionment of expense. The office department shall fix the proportion of the cost and expense of alterations, removals and new crossings, or any other work ordered, including the damages to any person whose land is taken, and the special damages which the owner of any land adjoining the public street or highway shall sustain by reason of a change in the grade of such street or highway, or by reason of the removal of obstructions to view at such crossings, to be paid or borne by the railroad companies and the municipalities in interest. In fixing such proportion, the office department may order such cost and expense so apportioned to be paid by the parties against which the apportionment shall be made.

AB977, s. 145 Section 145. 195.29 (3) of the statutes is amended to read:

AB977,47,16 195.29 (3) Restoration of spur tracks. Whenever the office department shall have ordered a separation of the grade of a railway from the grade of a street or highway, it may, if safe and practicable and if a necessity exists therefor, order the alteration, restoration and connection of any track serving an industry. Demand for such restoration shall be in writing and filed with the office department within 90 days after the date of the order for the separation of grades, and any such track for which no such demand shall have been made shall be deemed abandoned. If the office department shall order the alteration, restoration and connection of any such track, it shall by its order apportion the cost thereof between the owner of the industry served and the railway company, in such proportion as to the office department may seem just and equitable; and the office department shall in its order prescribe the terms and conditions for securing the payment of such cost.

AB977, s. 146 Section 146. 195.29 (4) of the statutes is amended to read:

AB977,48,18 195.29 (4) Grade separation in Milwaukee County. The office department may upon petition of any town, city or village, or upon its own motion, when the interests of the public demand it and it is found practicable so to do, establish the grade of the tracks of any railroad, or of all the railroads throughout any county having a population of 500,000 or more, or any part thereof, and the grades of the streets or highways, or any of them, where they cross such railroad track or tracks, in anticipation of the future separation of grades of the railroad tracks from the grades of such streets or highways. The office department, before making any such order, shall mail notice to the railroad company or companies affected, the owners or occupants of any building abutting on that part of the railroad the grade of which is to be established, all 1st class cities in the county, and if the grades to be established are outside the 1st class city, the towns, cities or villages in which such grades are to be established, of the filing of such petition or that the office department contemplates establishing such grades, and fixing a time at which the 1st class cities and such other towns, cities or villages and the railroad company or companies affected thereby and any other person or corporation interested therein may be heard. The grades so established under this subsection shall be described by reference to a base or datum line to be established by the office department, from which all elevations and the height of all grades shall be measured, and the grades so established shall be such that when brought to the established grade the railroad tracks will cross the streets and highways above or below the same. Such order shall not necessarily require a present change in grade but the office department may at any time order the railroad track or tracks and the street and highways brought to the grade established or any street or highways closed by the order, in accordance with sub. (1), and may, at the time of making the order, apportion the cost of separating the grades as provided in sub. (2).

AB977, s. 147 Section 147. 195.29 (5) of the statutes is amended to read:

AB977,49,13 195.29 (5) Elimination of grade crossings, costs. Upon its own motion or upon petition of the department, or of the common council or board of any city, village, town, or county, alleging that one or more of them have undertaken or propose to undertake to relocate or improve an existing highway or to construct a new highway in such manner as to eliminate a highway grade crossing with any railroad or so as to permanently divert a material portion of the highway traffic from a highway grade crossing with any railroad, the office department shall issue notice of investigation and hearing, as provided in s. 195.04. If upon such hearing the office department finds that the public safety will be promoted by the highway relocation, improvement, or new construction, the office department shall order the old crossings closed and new crossings opened as are deemed necessary for public safety. The order shall require the railroad company or companies to pay to the interested municipality or municipalities such sum as the office department finds to be an equitable portion of the cost of the highway relocation, improvement, or new construction, if the work is performed by the municipalities; or to the secretary of administration if the work is performed by the state; or to the proper county treasurer if the work is performed by the county. The sum shall be added to the joint fund available for the improvement and may be expended in like manner as the other portions of the fund.

AB977, s. 148 Section 148. 195.29 (6) of the statutes is amended to read:

AB977,50,14 195.29 (6) View at crossings; trees and brush near crossings; forfeiture. Every railroad shall keep its right-of-way clear of brush or trees for a distance of not less than 330 feet in each direction from the center of its intersection at grade with any public highway, and for such further distance as is necessary to provide an adequate view of approaching trains, from the highway. Every municipality shall keep the public highways within its jurisdiction clear of brush and shall adequately trim all trees within 330 feet of the center of any railroad highway grade crossing. Every person or corporation owning or occupying any land adjacent to any railroad highway grade crossing shall keep all brush cut and adequately trim all trees on the land within the triangles bounded on 2 sides by the railway and the highway, and on the 3rd side by a line connecting points on the center lines of the railway and the highway, 330 feet from the intersection of the center lines. The office department, upon its own motion, or upon any complaint to the effect that any work required by this subsection has not been performed, after due notice and hearing, may order the corporation, municipality or person at fault to perform the work; provided, however, that if the physical conditions at any crossing are such that the performance of the required work will not materially improve the view for highway traffic, or, if unreasonable loss would be caused thereby, the office department may excuse the party in interest from performing the same. The office department may also order the cutting of brush and the trimming of trees at private farm crossings as may be necessary and reasonable. If any person shall violate any provision of this section, or shall fail, neglect or refuse to obey any order made by the office department under this section, or any judgment, order, or decree made by the division of hearings and appeals or any court upon such an order, for every such violation, failure or refusal such person shall forfeit not less than $25 nor more than $150.

AB977, s. 149 Section 149. 195.29 (7) of the statutes is amended to read:

AB977,50,19 195.29 (7) Structure requirements. Whenever the office department shall order the construction or reconstruction of a crossing not at grade, it may direct that the structure required shall be of such character and constructed of such materials as it shall deem appropriate to the situation and necessary for the public interest.

AB977, s. 150 Section 150. 195.29 (9) of the statutes is created to read:

AB977,50,23 195.29 (9) Review of department orders. If a petitioner, railroad or any interested party objects to an order under this section, the department shall refer the order to the division of hearings and appeals for review as provided in s. 195.325.

AB977, s. 151 Section 151. 195.30 (1) of the statutes is amended to read:

AB977,51,15 195.30 (1) Upon its own motion or upon a petition by the common council of any city, or the board of any village, town or county within which a railroad crosses another railroad at grade, or by any such railroad, that public safety requires an alteration in the crossing or the installation of protective appliances, the office department shall give notice to the parties in interest, and proceed to investigate the same and may order a hearing on the matter. The office department shall determine what alteration in such crossing, if any, shall be made, and by whom made and maintained, or what protective appliances shall be installed, operated and maintained at the crossing and by whom installed, operated and maintained. The office department shall fix the proportion of the cost and expense of such change in grade and maintenance of the crossing or of the installation, operation and maintenance of the safety appliance which shall be paid by the railroad companies, respectively. If an interested party objects to the 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. 152 Section 152. 195.31 of the statutes is amended to read:

AB977,52,20 195.31 Bridges made safe. Whenever a complaint is lodged with the office department by the common council of any city, the village board of any village, a member of a town board, or a supervisor of highways, or by 5 or more electors and taxpayers in any town, or 5 or more electors of the county in which such bridge is located, and who are users of such bridge or railway, to the effect that a bridge erected over a stream intersecting a public highway or highways upon which a railway is constructed and operated, is unsafe and dangerous to travelers over such highway or highways or bridge or railroad, and that public safety requires the alteration, the repair or reconstruction of such bridge, or the substitution of another bridge therefor, it shall be the duty of the office department to give notice to the party or parties in interest, other than the petitioners, of the filing of such complaint, and to furnish a copy of the complaint to the party or parties in interest other than the petitioners, and to order a hearing thereon, in the manner provided for hearings in ss. 195.04 to 195.043. The office department may proceed in a similar manner in the absence of a petition when, in the opinion of the office department, public safety requires the alteration, repair or reconstruction of a bridge or the substitution of another bridge for the bridge in question. After the hearing, the office department shall determine what alteration or repair or reconstruction of such bridge, and the approaches thereto, shall be made, or if it shall determine that public safety requires the substitution of a new bridge, it shall determine the character, manner of construction and location of such bridge and the approaches thereto. The office department shall fix the proportion of the cost and expense of such alteration, repair, reconstruction or substitution of a new bridge, including the damage to any person whose land is taken, and the special damage which the owner of any land adjoining the approaches to said bridge shall sustain by reason of the alteration, repair, reconstruction or substitution of a new bridge, to be paid by the railroad company and the city, village or town in interest. If an interested party objects to the department's order under this section 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. 153 Section 153. 195.32 of the statutes is amended to read:

AB977,53,11 195.32 Safety gates on drawbridges. Whenever a complaint is filed with the office department to the effect that any drawbridge is not equipped with gates or other safety devices, the office department may notify the proper party or parties in interest of the complaint, and may proceed to investigate the complaint and to hold a hearing on the matter in the manner provided for hearings in ss. 195.04 to 195.043. If after the investigation the office department determines that public safety requires the erection and maintenance of gates or other safety devices at the points mentioned in the complaint, it may order the county, city, village, town, corporation or person whose duty it is to maintain such bridge to erect and maintain at such points such gates or other safety devices as the office department prescribes. The office department may conduct the investigations, hold the hearings and make the orders provided for in this section upon its own motion in the same manner and with the same effect as though a complaint were filed. If an interested party objects to the department's order under this section, the department shall refer the order to the division of hearings and appeals for review as provided in s. 195.325.

AB977, s. 154 Section 154. 195.325 of the statutes is created to read:

AB977,53,17 195.325 Review of certain orders of the department. If an order of the department under s. 84.05, 192.324, 195.28, 195.285, 195.29, 195.30, 195.31, 195.32, 195.37, or 195.38 is referred to the division of hearings and appeals for review, the division of hearings and appeals shall review the order applying the same standards applicable to the department.

AB977, s. 155 Section 155. 195.34 of the statutes is amended to read:

AB977,54,4 195.34 Reports of accidents, investigation. Every water carrier shall report to the office department all accidents resulting in injury to persons arising from its operation. The office department may issue rules concerning the reporting of accidents by water carriers and may also, if public interests require, cause an investigation of any accident. Every railroad shall submit to the office department a copy of any accident or injury report provided by the railroad to the applicable federal authority for all collisions, derailments or other accidents resulting in injury to persons, equipment, or roadway arising from its operation. The office department may issue rules concerning the submission of copies of federal reports under this section and may also, to the extent permitted by federal law, participate in any accident investigation.

AB977, s. 156 Section 156. 195.36 of the statutes is amended to read:

AB977,54,16 195.36 General penalty upon railroads and water carriers. If any railroad or water carrier shall violate any provision of this chapter, or shall do any act herein prohibited, or shall fail or refuse to perform any duty enjoined upon it, for which a penalty has not been provided, or shall fail, neglect or refuse to obey any lawful requirement or order made by the office department, or any judgment or decree made by any court upon its application, for every such violation, failure or refusal in respect to any matter prescribed by this chapter such railroad or water carrier shall forfeit not less than $100 nor more than $10,000. The act, omission or failure of any officer, agent or other person employed by any railroad or water carrier, acting within the scope of his or her employment, shall be deemed to be the act, omission or failure of such railroad or water carrier.

AB977, s. 157 Section 157. 195.37 (1) of the statutes is amended to read:

AB977,55,5 195.37 (1) Complaints, investigations, hearings, findings, refund. The office department may investigate the complaint of any person aggrieved that the charge exacted by a water carrier for the transportation of property between points in this state, or for any service in connection with transportation of property, or that the charge exacted by a water carrier for the storage of such property, or that any charge exacted by a water carrier is erroneous, illegal, unusual or exorbitant and shall set the complaint for hearing as provided in s. 195.04 (2) to (4). If the office department finds that the rate or charge exacted by a water carrier is erroneous, illegal, unusual or exorbitant, it shall find what would have been a reasonable rate or charge for such service. If the rate or charge so found is less than the charge exacted, the carrier shall refund the excess. If an interested party objects to the department's order under this section, the department shall refer the order to the division of hearings and appeals for review as provided in s. 195.325.

AB977, s. 158 Section 158. 195.37 (2) of the statutes is amended to read:

AB977,55,14 195.37 (2) Actions; findings as evidence, defenses. In an action to recover the amount of such excess charge, the findings of the office department shall be prima facie evidence of the truth of the facts found by it, and no carrier shall be permitted to avail itself of the defense that the shipment involved was in fact made on the published tariff rate in force at the time such shipment was made, but no carrier making a refund upon the order of the office department or the judgment of a court shall be liable for any penalty or subject to any prosecution on account of making such refund.

AB977, s. 159 Section 159. 195.37 (3) of the statutes is amended to read:

AB977,55,18 195.37 (3) Limitation for filing claim. All complaints provided for in sub. (1), except those for straight overcharges, shall be filed with the office department within 2 years after delivery of the shipment of property at destination, subject to sub. (6).

AB977, s. 160 Section 160. 195.37 (4) (a) of the statutes is amended to read:

AB977,55,21 195.37 (4) (a) In this subsection, "straight overcharge" means a charge in excess of those applicable under the lawful tariffs on file with the office department.

AB977, s. 161 Section 161. 195.38 of the statutes is amended to read:

AB977,56,11 195.38 Water carrier freight bills; examination; refunds. Within 3 years after the delivery of any shipment of property at destination by a water carrier, any person, firm or corporation may submit to the office department, by mail or in person, any water carrier expense bill or receipt showing charges paid for transportation of such property by freight for the purpose of having the expense bill or receipt examined with respect to the correctness of weights, rates and charges indicated thereon. Upon receipt of any such expense bill or receipt, the office department may make such examination as is necessary, and if it is found that any such weights, rates or charges are incorrect, the office department shall order the water carrier in error to refund to the person, firm or corporation which submitted such expense bills or receipts, any over or excessive charges paid by such person, firm or corporation. If an interested party objects to the department's order under this section, the department shall refer the order to the division of hearings and appeals for review as provided in s. 195.325.

AB977, s. 162 Section 162. 195.45 (1) of the statutes is amended to read:

AB977,56,17 195.45 (1) No person shall operate as a common carrier of passengers or property by water except in accordance with the terms and conditions of a certificate of public convenience and necessity issued by the office department. The office department shall issue any certificate upon a finding that the service proposed to be performed is in the public interest and required by public convenience and necessity.

AB977, s. 163 Section 163. 195.45 (2) of the statutes is amended to read:

AB977,56,21 195.45 (2) Application for the certificate shall be made on forms furnished by the office department and shall contain such information as the office department requires.

AB977, s. 164 Section 164. 195.45 (4) of the statutes is amended to read: