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:
AB977,56,1713 195.45 (1) No person shall operate as a common carrier of passengers or
14property by water except in accordance with the terms and conditions of a certificate
15of public convenience and necessity issued by the office department. The office
16department shall issue any certificate upon a finding that the service proposed to be
17performed is in the public interest and required by public convenience and necessity.
AB977, s. 163 18Section 163. 195.45 (2) of the statutes is amended to read:
AB977,56,2119 195.45 (2) Application for the certificate shall be made on forms furnished by
20the office department and shall contain such information as the office department
21requires.
AB977, s. 164 22Section 164. 195.45 (4) of the statutes is amended to read:
AB977,56,2423 195.45 (4) The office department may promulgate rules for the operation of this
24section.
AB977, s. 165 25Section 165. 195.50 (1) of the statutes is amended to read:
AB977,57,13
1195.50 (1) Any officer, agent or employee of any railroad or water carrier who
2fails to fill out and return any forms required by this chapter, or fails to answer any
3question therein, or knowingly gives a false answer to any such question, or evades
4the answer to any such question where the fact inquired of is within his or her
5knowledge, or who, upon proper demand, fails to exhibit to the office or department
6or the division of hearings and appeals or any person authorized to examine the
7same, any book, paper, account, record or memoranda of such railroad or water
8carrier which is in the possession or under control of the officer, agent or employee,
9or who fails to properly use and keep the system of accounting prescribed by the office
10department, or who refuses to do any act or thing in connection with such system of
11accounting when so directed by the office or its department, the division of hearings
12and appeals, or their
authorized representatives, shall forfeit not less than $100 nor
13more than $1,000 for each offense.
AB977, s. 166 14Section 166. 195.60 (title) of the statutes is amended to read:
AB977,57,16 15195.60 (title) Payment of office department expenses by railroads and
16water carriers.
AB977, s. 167 17Section 167. 195.60 (1) of the statutes is amended to read:
AB977,58,1918 195.60 (1) Whenever the office department in a proceeding upon its own
19motion, on complaint, or upon an application to it deems it necessary in order to carry
20out the duties imposed upon it by law to investigate the books, accounts, practices
21and activities of, or make appraisals of the property of any railroad or water carrier
22or to render any engineering or accounting services to any railroad or water carrier,
23the railroad or water carrier shall pay the expenses attributable to such
24investigation, appraisal or service. The office department shall ascertain such
25expenses, and shall render a bill therefor, by mail, to the railroad or water carrier,

1either at the conclusion of the investigation, appraisal or services, or during its
2progress. The bill shall constitute notice of assessment and demand of payment
3thereof. The railroad or water carrier shall, within 30 days after the mailing thereof,
4pay to the office department the amount of the special expense for which it is billed.
5Ninety percent of the The payment shall be deposited in the general fund and
6credited to the appropriation account under s. 20.155 (2) (g) 20.395 (2) (gg). The total
7amount, in any one calendar year, for which any railroad or water carrier becomes
8liable, by reason of costs incurred by the office department within such calendar year,
9shall not exceed four-fifths of one percent of its gross operating revenues derived
10from intrastate operations in the last preceding calendar year. Where, under this
11subsection, costs are incurred within any calendar year, which are in excess of
12four-fifths of one percent of such gross operating revenues, the excess costs shall not
13be chargeable as part of the remainder under sub. (2) but shall be paid out of the
14general appropriation to the office department. Nothing in this subsection shall
15prevent the office department from rendering bills in one calendar year for costs
16incurred within a previous year. For the purpose of calculating the costs of
17investigations, appraisals and other services under this subsection, 90 percent all of
18the costs determined shall be costs of the office and 10 percent of the costs determined
19shall be costs of state government operations
department.
AB977, s. 168 20Section 168. 195.60 (2) of the statutes is amended to read:
AB977,59,1621 195.60 (2) The office department shall annually, within 90 days after the close
22of each fiscal year, ascertain the total of its expenditures during such year which are
23reasonably attributable to the performance of its duties relating to railroads and
24water carriers. For purposes of such calculation, 90 percent all of the expenditures
25so determined shall be expenditures of the office and 10 percent of the expenditures

1so determined shall be expenditures for state government operations
department.
2The office department shall deduct therefrom all amounts chargeable to railroads
3and water carriers under sub. (1) and s. 201.10 (3). A sum equal to the remainder
4plus 10 percent of the remainder shall be assessed by the office department to the
5several railroads and water carriers in proportion to their respective gross operating
6revenues during the last calendar year, derived from intrastate operations. Such
7assessment shall be paid within 30 days after the bill has been mailed to the several
8railroads and water carriers, which bill shall constitute notice of assessment and
9demand of payment thereof. The total amount which may be assessed to the
10railroads and water carriers under authority of this subsection shall not exceed 1.85
11percent of the total gross operating revenues of such railroads and water carriers,
12during such calendar year, derived from intrastate operations. Ninety percent of the
13The payment shall be deposited in the general fund and credited to the appropriation
14account under s. 20.155 (2) (g) 20.395 (2) (gg). The railroads and water carriers shall
15furnish such financial information as the office department requires for purposes of
16this section.
AB977, s. 169 17Section 169. 195.60 (3) of the statutes is amended to read:
AB977,60,718 195.60 (3) If any railroad or water carrier against which a bill has been
19rendered under sub. (1) or (2) within 30 days after the rendering of such bill neglects
20or refuses to pay the same or fails to file objections to the bill with the office division
21of hearings and appeals
, the office department shall transmit to the secretary of
22administration a certified copy of the bill, together with notice of neglect or refusal
23to pay the bill, and on the same day the office department shall mail to the railroad
24or water carrier against which the bill has been rendered a copy of the notice which
25it has transmitted to the secretary of administration. Within 10 days after the

1receipt of such notice and certified copy of such bill, the secretary of administration
2shall levy the amount stated on such bill to be due, with interest, by distress and sale
3of any goods and chattels, including stocks, securities, bank accounts, evidences of
4debt, and accounts receivable belonging to such delinquent railroad or water carrier.
5Such levy by distress and sale shall be governed by the provisions of s. 74.10, 1985
6stats., except that it shall be made by the secretary of administration and that said
7goods and chattels anywhere within the state may be levied upon.
AB977, s. 170 8Section 170. 195.60 (4) of the statutes is amended to read:
AB977,60,219 195.60 (4) (a) Within 30 days after the date of the mailing of any bill as provided
10by subs. (1) and (2), the railroad or water carrier against which such bill has been
11rendered may file with the office division of hearings and appeals objections setting
12out in detail the grounds upon which the objector regards the bill to be excessive,
13erroneous, unlawful or invalid. The office division of hearings and appeals, after
14notice to the objector and the department, shall hold a hearing upon such objections,
15not less than 5 nor more than 10 days after such notice. If after such hearing the
16office division of hearings and appeals finds any part of the bill to be excessive,
17erroneous, unlawful or invalid it shall record its findings upon its minutes with
18respect to the objections
and transmit to the objector and the department an
19amended bill, in accordance with such findings. The amended bill shall have in all
20ways the same force and effect under this section as an original bill rendered under
21subs. (1) and (2).
AB977,60,2422 (b) If after the hearing the office division of hearings and appeals finds the
23entire bill unlawful or invalid, it shall notify the objector and the department of such
24determination, in which case the original bill shall be deemed void.
AB977,61,4
1(c) If after the hearing the office division of hearings and appeals finds that the
2bill as rendered is neither excessive, erroneous, unlawful or invalid, either in whole
3or in part, it shall record such findings upon its minutes, and transmit to the objector
4and the department notice of such finding findings.
AB977,61,155 (d) If any bill against which objections have been filed is not paid within 10 days
6after notice of a finding that such objections have been overruled and disallowed by
7the office division of hearings and appeals has been mailed to the objector, the office
8department shall give notice of such delinquency to the secretary of administration
9and to the objector, in the manner provided in sub. (3). The secretary of
10administration shall then proceed to collect the amount of the bill as provided in sub.
11(3). If an amended bill is not paid within 10 days after a copy thereof is mailed to the
12objector by registered mail, the office department shall notify the secretary of
13administration and the objector as in the case of delinquency in the payment of an
14original bill. The secretary of administration shall then proceed to collect the amount
15of the bill as provided in the case of an original bill.
AB977, s. 171 16Section 171. 195.60 (5) of the statutes is amended to read:
AB977,62,317 195.60 (5) No suit or proceeding shall be maintained in any court for the
18purpose of restraining or in any way delaying the collection or payment of any bill
19rendered under subs. (1) and (2). Every railroad or water carrier against which a bill
20is rendered shall pay the amount thereof, and after such payment may in the manner
21herein provided, at any time within 2 years from the date the payment was made,
22sue the state in an action at law to recover the amount paid with legal interest
23thereon from the date of payment, upon the ground that the assessment was
24excessive, erroneous, unlawful, or invalid in whole or in part. If it is finally
25determined in such action that any part of the bill for which payment was made was

1excessive, erroneous, unlawful, or invalid, the secretary of administration shall
2make a refund to the claimant as directed by the court, which shall be charged to the
3appropriations to the office department.
AB977, s. 172 4Section 172. 195.60 (6) of the statutes is amended to read:
AB977,62,115 195.60 (6) No action for recovery of any amount paid under this section shall
6be maintained in any court unless objections have been filed with the office division
7of hearings and appeals
as provided in this section. In any action for recovery of any
8payments made under this section the claimant shall be entitled to raise every
9relevant issue of law, but the office's findings of fact of the division of hearings and
10appeals
made pursuant to this section shall be prima facie evidence of the facts
11therein stated.
AB977, s. 173 12Section 173. 195.60 (7) (intro.) of the statutes is repealed.
AB977, s. 174 13Section 174. 195.60 (7) (a) of the statutes is renumbered 195.60 (7) and
14amended to read:
AB977,62,1715 195.60 (7) Determinations of fact expressed in bills rendered under this
16section; and shall be considered to be findings of fact of the department, within the
17meaning of this section.
AB977, s. 175 18Section 175. 195.60 (7) (b) of the statutes is repealed.
AB977, s. 176 19Section 176. 201.01 (1) of the statutes is amended to read:
AB977,62,2220 201.01 (1) "Commission" means the office of the commissioner of railroads
21department of transportation in the case of water carriers and the public service
22commission in the case of other public service corporations.
AB977, s. 177 23Section 177. 226.025 (3) of the statutes is amended to read:
AB977,63,1024 226.025 (3) The appointment of the department of financial institutions or the
25designation of a resident agent as attorney for the service of summons, notice,

1pleadings or process under s. 180.1507 shall be applicable only to actions or
2proceedings against the foreign corporations described in this section (unless such
3corporations have been admitted to this state for purposes other than those
4mentioned in this section) where the cause of action or proceeding arises out of
5transactions between such foreign corporations and public utilities operating in this
6state with which such foreign corporations are affiliated; and to actions or
7proceedings by or before the public service commission or office of the commissioner
8of railroads
involving the transactions described in sub. (1), or involving the relation
9between such foreign corporations and public utilities operating in this state with
10which they are affiliated.
AB977, s. 178 11Section 178. 227.01 (13) (s) of the statutes is amended to read:
AB977,63,1412 227.01 (13) (s) Prescribes or relates to a uniform system of accounts for any
13person, including a municipality, that is regulated by the office of the commissioner
14of railroads or the
public service commission.
AB977, s. 179 15Section 179. 227.43 (1) (bk) of the statutes is created to read:
AB977,63,1916 227.43 (1) (bk) Assign a hearing examiner to preside over any hearing or review
17under ss. 26.20 (3) and (10), 84.05, 88.66 (2), 88.87 (4), 88.88 (2), 190.02 (6), 190.16
18(5), 192.324, 192.34, 192.52, 192.56, 195.28 (1), 195.285 (1), 195.29 (1), 195.30 (1),
19195.31, 195.32, 195.325, 195.37 (1), 195.38, and 195.60.
AB977, s. 180 20Section 180. 227.43 (4) (b) of the statutes is amended to read:
AB977,63,2321 227.43 (4) (b) The department of transportation shall pay all costs of the
22services of a hearing examiner assigned under sub. (1) (bg) or (bk) or assigned to the
23department under sub. (1) (br), according to the fees set under sub. (3) (b).
AB977, s. 181 24Section 181. 227.46 (2m) of the statutes is amended to read:
AB977,64,17
1227.46 (2m) In any hearing or review assigned to a hearing examiner under
2s. 227.43 (1) (bg) or (bk), the hearing examiner presiding at the hearing shall prepare
3a proposed decision, including findings of fact, conclusions of law, order and opinion,
4in a form that may be adopted as the final decision in the case. The proposed decision
5shall be a part of the record and shall be served by the division of hearings and
6appeals in the department of administration on all parties. Each party adversely
7affected by the proposed decision shall be given an opportunity to file objections to
8the proposed decision within 15 days, briefly stating the reasons and authorities for
9each objection, and to argue with respect to them before the administrator of the
10division of hearings and appeals. The administrator of the division of hearings and
11appeals may direct whether such argument shall be written or oral. If the decision
12of the administrator of the division of hearings and appeals varies in any respect from
13the decision of the hearing examiner, the decision of the administrator of the division
14of hearings and appeals shall include an explanation of the basis for each variance.
15The decision of the administrator of the division of hearings and appeals is a final
16decision of the agency subject to judicial review under s. 227.52. The department of
17transportation may petition for judicial review.
AB977, s. 182 18Section 182. 227.46 (3) (intro.) of the statutes is amended to read:
AB977,64,2119 227.46 (3) (intro.) With respect to contested cases except a hearing or review
20assigned to a hearing examiner under s. 227.43 (1) (bg) or (bk), an agency may by rule
21or in a particular case may by order:
AB977, s. 183 22Section 183. 281.36 (1) (cr) of the statutes is amended to read:
AB977,64,2423 281.36 (1) (cr) "State transportation agency" means the department of
24transportation or the office of the commissioner of railroads.
AB977, s. 184 25Section 184. 346.45 (3) (d) of the statutes is amended to read:
AB977,65,5
1346.45 (3) (d) A railroad grade crossing which is marked with a sign in
2accordance with s. 195.285 (3). Such signs shall be erected by the maintaining
3authority only upon order of the office of the commissioner of railroads as set forth
4in s.
department or the division of hearings and appeals in accordance with ss.
5195.285 and 195.325.
AB977, s. 185 6Section 185. 350.137 (1) of the statutes is amended to read:
AB977,65,147 350.137 (1) The department, after having consulted with each rail authority,
8as defined in s. 350.138 (1) (b), in this state, that has furnished the department with
9the information required under s. 350.138 (2m), an established snowmobile
10association that represents snowmobile clubs, as defined in s. 350.138 (1) (e), in this
11state, and the office of the commissioner of railroads department of transportation,
12shall promulgate rules to establish uniform maintenance standards and uniform
13design and construction standards for snowmobile rail crossings under ss. 350.138
14and 350.139.
AB977, s. 186 15Section 186. 350.138 (4) (c) of the statutes is amended to read:
AB977,65,2116 350.138 (4) (c) The department shall give notice of any hearing scheduled
17under par. (b) to the applicant, to the applicable rail authority, and to the office of the
18commissioner of railroads
department of transportation. The hearing shall be a
19contested case hearing under ch. 227. The department's department of natural
20resources'
order issuing or denying a permit is a final order subject to judicial review
21under ch. 227.
AB977, s. 187 22Section 187. 350.138 (9) of the statutes is amended to read:
AB977,66,223 350.138 (9) Inspection authorized. The department or the office of the
24commissioner of railroads
department of transportation may inspect the site of a
25proposed snowmobile rail crossing or the site of a snowmobile rail crossing for which

1a permit has been issued to determine whether there are grounds to refuse to issue
2a permit under sub. (4) or to revoke a permit under sub. (8).
AB977, s. 188 3Section 188. 350.139 (5) of the statutes is amended to read:
AB977,66,84 350.139 (5) Inspection authorized. The department or the office of the
5commissioner of railroads
department of transportation may inspect an established
6snowmobile rail crossing to determine whether the snowmobile organization
7maintaining the crossing is in compliance with the requirements imposed under sub.
8(4).
AB977, s. 189 9Section 189. 350.1395 (2) (b) 2. of the statutes is amended to read:
AB977,66,1510 350.1395 (2) (b) 2. The department shall hold a hearing on a petition filed under
11subd. 1. after giving notice of the hearing to the rail authority, the snowmobile
12organization, and the office of the commissioner of railroads department of
13transportation
. The hearing shall be a contested case hearing under ch. 227. The
14department's department of natural resources' order shall be a final order subject to
15judicial review under ch. 227.
AB977, s. 190 16Section 190. 350.1395 (2) (b) 3. (intro.) of the statutes is amended to read:
AB977,66,2117 350.1395 (2) (b) 3. (intro.) The department shall grant a rail authority's petition
18under subd. 2. to close or remove a snowmobile rail crossing if, after a hearing under
19subd. 2., and after giving substantial weight to the office of the commissioner of
20railroads'
department of transportation's testimony or report given under s. 195.03
21(30) (b), the department of natural resources finds that any of the following applies:
AB977, s. 191 22Section 191. 350.1395 (4) (b) of the statutes is amended to read:
AB977,67,323 350.1395 (4) (b) The department may not promulgate a rule under this
24subsection without first consulting with each rail authority in this state that has
25furnished the department with the information required under s. 350.138 (2m), an

1established snowmobile association that represents snowmobile clubs, as defined in
2s. 350.138 (1) (e), in this state, and the office of the commissioner of railroads
3department of transportation.
AB977, s. 192 4Section 192. 552.23 (1) of the statutes is amended to read:
AB977,67,145 552.23 (1) If the target company is an insurance company subject to regulation
6by the commissioner of insurance, a banking corporation, savings bank, or savings
7and loan association subject to regulation by the division of banking, or a company
8subject to regulation by the public service commission, or the department of
9transportation, or the office of the commissioner of railroads, the division of
10securities shall promptly furnish a copy of the registration statement filed under this
11chapter to the regulatory agency having supervision of the target company. Any
12hearing under this chapter involving any such target company shall be held jointly
13with the regulatory agency having supervision, and any determination following the
14hearing shall be made jointly with that regulatory agency.
Loading...
Loading...