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.
AB977, s. 193 15Section 193. 945.06 of the statutes is amended to read:
AB977,68,5 16945.06 Public utilities to cease service. When any public utility, common
17carrier, contract carrier, or railroad, subject to the jurisdiction of the public service
18commission, office of the commissioner of railroads or department of transportation
19of this state, is notified in writing by a federal, state or local law enforcement agency,
20acting within its jurisdiction, that any facility furnished by it is being used or will be
21used for the purpose of transmitting or receiving gambling information in violation
22of the laws of this state it shall discontinue or refuse the leasing, furnishing or
23maintaining of such facility, after reasonable notice to the subscriber, but no
24damages, penalty or forfeiture, civil or criminal, shall be found against any such
25public utility, common carrier, contract carrier or railroad, for any act done in

1compliance with any notice received from a law enforcement agency under this
2section. Nothing in this section shall be deemed to prejudice the right of any person
3affected thereby to secure an appropriate determination as otherwise provided by
4law in any court or tribunal or agency, that such facility should not be discontinued
5or removed, or should be restored.
AB977, s. 194 6Section 194. Nonstatutory provisions.
AB977,68,87 (1) A bolishing the office of commissioner of railroads; transitional
8provisions.
AB977,68,99 (a) Definitions. In this subsection:
AB977,68,10 101. "Department" means the department of transportation.
AB977,68,12 112. "Division" means the division of hearings and appeals in the department of
12administration.
AB977,68,13 133. "Office" means the office of the commissioner of railroads.
AB977,68,1514 (b) Assets and liabilities. On the effective date of this paragraph, the assets and
15liabilities of the office shall become the assets and liabilities of the department.
AB977,68,1616 (c) Staff.
AB977,68,18 171. On the effective date of this subdivision, the position of the commissioner of
18railroads is abolished.
AB977,68,21 192. On the effective date of this subdivision, the following 4.0 FTE PR positions
20and the incumbent employees, identified by the secretary of transportation, holding
21those positions in the office are transferred to the department:
AB977,68,22 22a. One program assistant position.
AB977,68,23 23b. Three regulation compliance investigator positions.
AB977,69,4 243. Employees transferred under subdivision 2. to the department have all of the
25rights and the same status under subchapter V of chapter 111 and chapter 230 of the

1statutes in the department that they enjoyed in the office immediately before the
2transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so
3transferred who has attained permanent status in class is required to serve a
4probationary period.
AB977,69,7 54. On the effective date of this subdivision, the remaining FTE PR positions of
6the office not transferred under subdivision 2 . or abolished under subdivision 1 . are
7deauthorized.
AB977,69,108 (d) Tangible personal property. On the effective date of this paragraph, all
9tangible personal property, including records, of the office is transferred to the
10department.
AB977,69,1411 (e)  Contracts. All contracts entered into by the office in effect on the effective
12date of this paragraph remain in effect and are transferred to the department. The
13department shall carry out any obligations under such a contract until the contract
14is modified or rescinded by the department to the extent allowed under the contract.
AB977,69,1515 (f)  Rules and orders.
AB977,69,18 161. All rules promulgated by the office that are in effect on the effective date of
17this subdivision remain in effect until their specified expiration date or until
18amended or repealed by the department.
AB977,69,21 192. All orders issued by the office that are in effect on the effective date of this
20subdivision remain in effect until their specified expiration date or until modified or
21rescinded by the department.
AB977,69,2522 (g) Pending matters. Any matter pending with the office on the effective date
23of this paragraph is transferred to the department and all materials submitted to or
24actions taken by the office with respect to the pending matter are considered as
25having been submitted to or taken by the department.
AB977,70,5
1(h) Department of administration to arbitrate disputes. In the case of
2disagreement between the secretary of transportation and the commissioner of
3railroads with respect to any matter specified in paragraph (d), (e ), (f), or (g), the
4department of administration shall determine the matter and shall develop a plan
5for an orderly transfer.
AB977, s. 195 6Section 195. Effective date.
AB977,70,77 (1) This act takes effect on July 1, 2011.
AB977,70,88 (End)
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