reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.05 - Office; water carrier rates, regulations, service, procedure.

195.05
Office; water carrier rates, regulations, service, procedure.
(1)
Orders for rates and service. Whenever the office shall find that any existing water carrier rate, fare, charge, or classification, or any joint rate, or any regulation or practice affecting the transportation of persons or property, or any service in connection therewith is unreasonable or unjustly discriminatory or that any service is inadequate, it shall determine and by order fix a reasonable rate, fare, charge, classification, joint rate, regulation, practice or service to be imposed, observed and followed in the future, in lieu of that found to be unreasonable or unjustly discriminatory or inadequate.
(2)
Time to comply with orders. Where the order made relates to service, and the same cannot, in the judgment of the office, be complied with within 20 days, the office may prescribe such additional time as in its judgment is reasonably necessary to comply with the order and may on application and for good cause shown further extend the time.
(3)
Rates not changed by water carrier. All water carriers to which the order applies shall make such changes in their schedule on file as may be necessary to make the same conform to said order, and no change shall thereafter be made by any water carrier in any such rates, fares or charges, or in any joint rates except as provided in s. 195.08.
(4)
Modification of orders. The office may by order at any time, upon notice to the water carrier and after opportunity to be heard, rescind, alter or amend any order fixing any rate or rates, fares, charges or classification, or any other order made by the office.
History:  1981 c. 347 s. 80 (1); 1985 a. 187; 1993 a. 16, 123; 2005 a. 179.
Res judicata is inapplicable to commission orders since no time limitation is imposed for petitioning to reopen and the commission can rescind the previous executory order at any time. Village of Prentice v. Wisconsin Transportation Commission, 123 Wis. 2d 113, 365 N.W.2d 899 (Ct. App. 1985).
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.055 - Judicial review.

195.055
Judicial review.
All orders and determinations of the office are subject to judicial review under ch. 227.
History:  1977 c. 29; 1981 c. 347 s. 80 (1); 1993 a. 16, 123.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.06 - Office orders prima facie lawful.

195.06
Office orders prima facie lawful.
All orders, determinations and decisions made by the office shall be in force and effective 20 days after the same has been served as required by s. 227.48 unless the office 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 shall be in force and shall be prima facie lawful and reasonable, until finally found otherwise upon judicial review thereof instituted pursuant to ch. 227.
History:  1975 c. 414 s. 28; 1981 c. 347 s. 80 (1); 1985 a. 182 s. 57; 1993 a. 16, 123.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.07 - Law enforcement.

195.07
Law enforcement.
(1)
Powers. The office 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.
(2)
Attorney general and district attorney to prosecute. Upon request of the office, 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.
(3)
Actions, character, venue. Any forfeiture, fine or other penalty provided in chs. 192 to 195 may be recovered as a forfeiture in a civil action brought in the name of the state in the circuit court of Dane County, or in the county that would be the proper place of trial under s. 801.50.
History:  1977 c. 29; 1981 c. 347 s. 80 (1); 1985 a. 29; 1993 a. 16, 123; 2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.10 - Emergency rates.

195.10
Emergency rates.
The office 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, 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 shall apply on one or more of the water carriers in this state or any portion thereof as may be directed by the office, and shall take effect at such time and remain in force for such length of time as may be prescribed by the office.
History:  1981 c. 347 s. 80 (1); 1993 a. 16, 123; 2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.11 - Discriminations prohibited.

195.11
Discriminations prohibited.
(1)
If any water carrier, or any agent or officer thereof, shall directly or indirectly, or by any device whatsoever, charge, demand, collect or receive a greater, less or different compensation for the transportation of persons or property or of any service in connection therewith than that prescribed in the tariffs then in force, or than it charges, demands, collects or receives from any other person, firm or corporation for a like and contemporaneous service, such water carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited.
(2)
It shall be unlawful for any water carrier to demand, charge, collect or receive from any shipper a less compensation for the transportation of property or for any service rendered or to be rendered by said water carrier, in consideration of said shipper furnishing any part of the facilities incident thereto; but any water carrier may rent any facilities incident to transportation and pay a reasonable rental therefor, but no payment shall be made by any carrier to an industry for performing any part of the service incident to the origination or determination of shipments which the carriers have assumed to perform under the provisions of the bill of lading.
History:  2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.12 - Preference by water carriers prohibited.

195.12
Preference by water carriers prohibited.
If any water carrier shall make or give any undue or unreasonable preference or advantage to any person, firm or corporation, or shall subject any person, firm or corporation to any undue or unreasonable prejudice or disadvantage in any respect whatsoever, such water carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited.
History:  2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.13 - Rebates and concessions, unlawful to accept.

195.13
Rebates and concessions, unlawful to accept.
It shall be unlawful for any person, firm or corporation knowingly to accept or receive any rebate, concession or discrimination in respect to water carrier transportation of property wholly within this state, or for any service in connection therewith, whereby any such property shall, by any device whatsoever, be transported at a less rate than that named in the tariffs in force, or whereby any service or advantage is received other than is therein specified. Any person, firm or corporation violating the provisions of this section shall forfeit not less than $100 nor more than $1,000 for each offense.
History:  1997 a. 254; 2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.14 - Free transportation; reduced rates, passes, limitations.

195.14
Free transportation; reduced rates, passes, limitations.
(1)
This chapter does not prohibit the carriage, storage or handling by water carriers of freight free or at reduced rates for the United States, the state, or any municipality thereof, or for charitable purposes, or to and from fairs and expositions for exhibition thereat, or household goods the property of water carrier employees, or commodities shipped by employees for their exclusive use or consumption; or the issuance of mileage, commutation, party or excursion passengers' tickets; or the sale of such tickets as were usually and customarily sold at reduced rates prior to June 15, 1905; provided the same are issued and sold without discrimination to all persons applying therefor under like circumstances and conditions.
(2)
(a)
Water carriers may give transportation free or at reduced rates to any minister of the gospel, officers or agent of incorporated colleges, inmates of soldiers' homes, regular agents of charitable societies when traveling upon the business of the society only, destitute and homeless persons, water carrier officers, attorneys, physicians, directors, employees or members of their families, or to former water carrier employees or members of their families where the employees have become disabled in the water carrier service, or are unable from physical disqualification to continue in the service, or to members of families of deceased water carrier employees.
(b)
Water carriers may exchange passes with officers, attorneys, physicians or employees of other water carriers and members of their families. No person holding any public office or position under the laws of this state shall be given transportation free or at reduced rates that are not open to the public, except that notaries public and regular employees of a water carrier or other public utility who are candidates for or hold public office for which the annual compensation is not more than $300 to whom no passes or privileges are extended beyond those that are extended to other regular employees of such corporations may be granted free transportation or reduced rates for the transmission of any message or communication.
(3)
Upon any shipment of livestock or other property of such nature as to require the care of an attendant, the water carrier may furnish to the shipper or persons designated by the shipper, free transportation for such attendant, including return passage to the point at which the shipment originated; provided, there shall be no discrimination in reference thereto.
(4)
Except as provided in this section, no free transportation for intrastate traffic shall be given by any water carrier.
History:  1993 a. 213, 482; 1997 a. 254; 1999 a. 32; 2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.15 - Transportation contracts, filed.

195.15
Transportation contracts, filed.
Every water carrier shall, when required and within the time fixed by the office, deliver to the office 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.
History:  1981 c. 347 s. 80 (1); 1993 a. 16, 123; 2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.16 - Pass lists.

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 upon reasonable notice during such period of 2 years.
History:  1977 c. 29 s. 1654 (9) (e); 1981 c. 347 s. 80 (1); 1993 a. 16, 123; 2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.19 - Relocation of facilities.

195.19
Relocation of facilities.
(2)
Water carrier freight. All water carriers shall keep and maintain adequate and suitable buildings and facilities for the receiving, handling and delivering of freight transported or to be transported by such water carriers.
(4)
Relocation of railroad facilities. Any city, village or town may cooperate with a railroad in grade crossing elimination or relocation, elimination or relocation of switchyards, roundhouses or terminals and may appropriate or borrow money therefor.
History:  1981 c. 347 s. 80 (1); 1993 a. 16, 123, 246; 1995 a. 225; 2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.20 - Joint use of railroad property.

195.20
Joint use of railroad property.
Whenever, upon complaint and after hearing had, the office 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 may, by order, direct that such use be permitted, and prescribe a reasonable compensation and reasonable terms and conditions for such joint use.
History:  1981 c. 347 s. 80 (1); 1993 a. 16, 123.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.21 - Warehouses.

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 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 shall make reasonable regulations therefor and in case of disagreement, the office 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 shall prescribe.
History:  1981 c. 347 s. 80 (1); 1993 a. 16, 123, 490; 2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.25 - Medical supplies on trains.

195.25
Medical supplies on trains.
(1)
No railroad company shall operate any train that is not equipped with at least one medical emergency case with suitable equipment which shall be at all times kept in a definitely fixed, convenient and accessible place on such trains.
(2)
Any railroad company violating this section shall forfeit not less than $25 nor more than $100. Any person who shall remove or destroy or cause the removal or destruction of the medical supplies required under sub. (1) after the railroad company has supplied them shall be subject to the same penalty.
History:  1985 a. 187; 1997 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.26 - Safety devices; block system.

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 shall determine that public safety requires it, the office 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.
History:  1981 c. 347 s. 80 (1); 1993 a. 16, 123; 2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.27 - Safe tracks and bridges.

195.27
Safe tracks and bridges.
Every railroad shall construct and maintain its tracks, bridges and line structures in a reasonably adequate and safe manner consistent with federal law.
History:  1977 c. 418; 1981 c. 347 s. 80 (1); 1993 a. 16, 123; 2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.285 - Exempt railroad crossings.

195.285
Exempt railroad crossings.
(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, the office 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 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.
(2)
Signs placed upon the order of the office under this section shall exempt vehicles from stopping as required under s. 346.45, unless a train, an engine, or railroad track equipment is occupying or approaching the crossing.
(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 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.
History:  1975 c. 63; 1977 c. 29 ss. 1654 (8) (a), (9) (f), 1656 (43); 1981 c. 347 s. 80 (1), (2); 1985 a. 29; 1993 a. 16, 123; 2011 a. 101.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.30 - Railroad crossings; grade separation, safety devices.

195.30
Railroad crossings; grade separation, safety devices.
(1)
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 shall give notice to the parties in interest, and proceed to investigate the same and may order a hearing on the matter. The office 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 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.
(2)
The provisions of this section shall apply to drawbridges, junctions and other fouling points on railroads.
History:  1981 c. 347 s. 80 (1); 1993 a. 16, 123.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.307 - Snowmobile rail crossings.

195.307
Snowmobile rail crossings.
Sections 195.28, 195.285, 195.286, and 195.29 do not apply to snowmobile rail crossings for which a permit is issued under s. 350.138.
History:  2001 a. 14.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.31 - Bridges made safe.

195.31
Bridges made safe.
Whenever a complaint is lodged with the office 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 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 may proceed in a similar manner in the absence of a petition when, in the opinion of the office, 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 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 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.
History:  1977 c. 29 ss. 1654 (9) (e), 1656 (43); 1981 c. 347 s. 80 (1); 1993 a. 16, 123.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.32 - Safety gates on drawbridges.

195.32
Safety gates on drawbridges.
Whenever a complaint is filed with the office to the effect that any drawbridge is not equipped with gates or other safety devices, the office 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 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 prescribes. The office 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.
History:  1977 c. 29 ss. 1654 (9) (e), 1656 (43); 1981 c. 347 s. 80 (1); 1993 a. 16, 123.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.34 - Reports of accidents, investigation.

195.34
Reports of accidents, investigation.
Every water carrier shall report to the office all accidents resulting in injury to persons arising from its operation. The office 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 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 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.
History:  1981 c. 347 s. 80 (1); 1993 a. 16, 123; 2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.35 - Treble damages.

195.35
Treble damages.
(1)
If any director, officer, employee or agent of a railroad or water carrier, in the course of the discharge of his or her duties, willfully, wantonly or recklessly causes to be done or permits to be done any matter, act or thing in this chapter prohibited or declared to be unlawful, or willfully, wantonly or recklessly fails to do any act, matter or thing required to be done by this chapter, the railroad or water carrier shall be liable to the person injured thereby in treble the amount of damages sustained in consequence of the violation. No recovery as in this section provided shall affect a recovery by the state of the penalty prescribed for such violation.
(2)
The burden of proof in an action under sub. (1) rests with the person injured to prove the case by clear and convincing evidence.
History:  1979 c. 89; 1991 a. 39; 2005 a. 179.
A treble damage claim is no longer a separate cause of action because gross negligence is to be compared like all other negligence. Kania v. Chicago & North Western Railway Co. 57 Wis. 2d 761, 204 N.W.2d 681 (1973).
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.36 - General penalty upon railroads and water carriers.

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, 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.
History:  1981 c. 347 s. 80 (1); 1993 a. 16, 123; 2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.38 - Water carrier freight bills; examination; refunds.

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, 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 may make such examination as is necessary, and if it is found that any such weights, rates or charges are incorrect, the office 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.
History:  1977 c. 29; 1981 c. 347 s. 80 (1); 1993 a. 16, 123; 2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.45 - Common carriers of passengers or property by water; certificate required.

195.45
Common carriers of passengers or property by water; certificate required.
(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. The office 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.
(2)
Application for the certificate shall be made on forms furnished by the office and shall contain such information as the office requires.
(3)
Every application for a certificate under this section shall be accompanied by a filing fee of $40.
(4)
The office may promulgate rules for the operation of this section.
History:  1981 c. 347 s. 80 (1); 1993 a. 16, 123.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.50 - Information, papers and accounting.

195.50
Information, papers and accounting.
(1)
Any officer, agent or employee of any railroad or water carrier who fails to fill out and return any forms required by this chapter, or fails to answer any question therein, or knowingly gives a false answer to any such question, or evades the answer to any such question where the fact inquired of is within his or her knowledge, or who, upon proper demand, fails to exhibit to the office or department or any person authorized to examine the same, any book, paper, account, record or memoranda of such railroad or water carrier which is in the possession or under control of the officer, agent or employee, or who fails to properly use and keep the system of accounting prescribed by the office, or who refuses to do any act or thing in connection with such system of accounting when so directed by the office or its authorized representatives, shall forfeit not less than $100 nor more than $1,000 for each offense.
(2)
A forfeiture of not less than $500 nor more than $1,000 shall be recovered from the railroad or water carrier for each such offense when such officer, agent or employee acted in obedience to the direction, instruction or request of such railroad or water carrier or any general officer thereof.
History:  1977 c. 29, 273; 1981 c. 347 s. 80 (1); 1993 a. 16, 123; 2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.015 - Total service long-run incremental cost.

196.015
Total service long-run incremental cost.
(1)
In this section, “basic network function" means the smallest disaggregation of local exchange transport, switching and loop functions that is capable of being separately listed in a tariff and offered for sale.
(2)
In this chapter, total service long-run incremental cost is calculated as the total forward-looking cost, using least cost technology that is reasonably implementable based on currently available technology, of a telecommunications service, relevant group of services, or basic network function that would be avoided if the telecommunications provider had never offered the service, group of services, or basic network function or, alternatively, the total cost that the telecommunications provider would incur if it were to initially offer the service, group of services, or basic network function for the entire current demand, given that the telecommunications provider already produces all of its other services.
History:  1993 a. 496.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.016 - Relationship to certain federal telecommunications law.

196.016
Relationship to certain federal telecommunications law.
Except as provided in s. 196.50 (2) (j) 2. and 3., nothing in this chapter is intended to either reduce or expand the scope and application of the federal Telecommunications Act of 1996, P.L. 104-104, including the jurisdiction and authority granted to the commission thereunder, and the commission may take any action that the commission is authorized to take under that federal act.
History:  2011 a. 22.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.05 - Public utility property; valuation; revaluation.

196.05
Public utility property; valuation; revaluation.
If the commission deems it proper or necessary for effective regulation, the commission shall value or revalue all the property of every public utility actually used and useful for the convenience of the public.
History:  1983 a. 53.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.06 - Uniform accounting; forms; books; office.

196.06
Uniform accounting; forms; books; office.
(1)
Every public utility shall keep and render to the commission in the manner and form prescribed by the commission uniform accounts of all business transacted.
(2)
The commission may require any public utility engaged directly or indirectly in any business other than that of the production, transmission or furnishing of heat, light, water, telecommunications service or power to keep and render separately to the commission in like manner and form the accounts of all such other business. This chapter applies to the books, accounts, papers and records of such other business if the commission requires the keeping and rendering separately of the accounts under this subsection.
(3)
Each public utility shall keep and render its books, accounts, papers and records accurately and faithfully in the manner and form prescribed by the commission and shall comply with all directions of the commission relating to such books, accounts, papers and records.
(6)
Each public utility shall have an office in one of the towns, villages or cities in this state in which its property or some part thereof is located, in which it shall keep all books, accounts, papers and records required by the commission to be kept within the state. No books, accounts, papers or records required by the commission to be kept within the state shall be removed from the state, except upon conditions prescribed by the commission.
History:  1977 c. 418; 1983 a. 53; 1985 a. 297.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.07 - Balance sheet filed annually.

196.07
Balance sheet filed annually.
(1)
Each public utility shall close its accounts annually on December 31 and promptly prepare a balance sheet of that date. On or before the following May 1 every public utility shall file with the commission the balance sheet; counts of the numbers of meters serving residential, small commercial, and small industrial customers as of December 31; and any other information the commission prescribes, verified by an officer of the public utility. The commission, for good cause shown, may extend the time for filing the balance sheet and prescribed information.
(2)
If a public utility fails to file a report with the commission containing its balance sheet and other information prescribed by the commission by the date the report is due under sub. (1), the commission may prepare the report from the records of the public utility. All expenses of the commission in preparing the report, plus a penalty equal to 50 percent of the amount of the expenses, shall be assessed against and collected from the public utility under s. 196.85. The amount of the charge to a public utility shall not be limited by s. 196.85 (1) (b) and shall be in addition to any other charges assessable under s. 196.85. The penalty provision of the charge shall be credited to the general fund under s. 20.906.
History:  1983 a. 53; 2001 a. 16; 2021 a. 24.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.08 - Audit and inspection.

196.08
Audit and inspection.
The commission shall provide for the examination and audit of all accounts, and all items shall be allocated to the accounts in the manner prescribed by the commission.
History:  1975 c. 142; 1983 a. 53; 1985 a. 297.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.11 - Profit sharing and sliding scales.

196.11
Profit sharing and sliding scales.
(1)
A public utility may enter into any reasonable arrangement with its consumers or employees, for the division or distribution of its surplus profits, or providing for a sliding scale of charges, or other financial device if the arrangement is:
(a)
Practicable and advantageous to the parties interested; and
(b)
Entered into by a public utility other than a telecommunications utility and found by the commission to be reasonable and just and consistent with the purposes of this chapter.
(2)
Any arrangement under this section shall be under the supervision and regulation of the commission. The commission may order any rate, charge or regulation which the commission deems necessary to give effect to the arrangement. The commission may make any change in a rate, charge or regulation as the commission determines is necessary and reasonable and may revoke its approval and amend or rescind all orders relative to any arrangement. This subsection does not apply to telecommunications cooperatives, unincorporated telecommunications cooperative associations, or telecommunications utilities except as provided in s. 196.205.
(3)
A telecommunications utility may enter into any reasonable arrangement with its consumers or employees, for the division or distribution of its surplus profits, or providing for a sliding scale of charges or other financial device, if the arrangement is practical and advantageous to the parties interested.
History:  1981 c. 148; 1983 a. 53; 1985 a. 297; 1989 a. 344; 1993 a. 496; 2005 a. 441; 2011 a. 22.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.12 - Report by public utilities; items.

196.12
Report by public utilities; items.
(1)
Each public utility shall furnish to the commission, in the form and at the time the commission requires, accounts, reports or other information which shows in itemized detail:
(a)
Depreciation.
(b)
Salaries and wages.
(c)
Legal expenses.
(d)
Taxes and rentals.
(e)
The quantity and value of material used.
(f)
Receipts from residuals, by-products, services or other sales.
(g)
Total and net cost.
(h)
Gross and net profit.
(i)
Dividends and interest.
(j)
Surplus or reserve.
(k)
Prices paid by consumers.
(L)
Any other information whether or not similar to the information under pars. (a) to (k).
(2)
No public utility operated by a city, village or town having a population of less than 5,000 shall be required to report under this section except as to earnings, operating expenses, including depreciation and maintenance, cost of renewals, extensions and improvements to the property and the nature and amount of service furnished in such detail as the commission deems necessary, except that if the commission conducts any investigation of the public utility upon formal complaint, the commission may require the detailed reports required under sub. (1).
History:  1983 a. 53; 1993 a. 246.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.13 - Commission's report.

196.13
Commission's report.
(1)
The commission shall publish biennial reports showing its proceedings together with any financial or other data which concerns and is appropriate for all public utilities and may publish any other report related to public utilities.
(2)
The commission shall publish in its reports the value of all the property actually used and useful for the convenience of the public of a public utility if the commission has held a hearing on the public utility's rates, charges, service or regulations or if the commission has otherwise determined the value of the public utility's property.
History:  1983 a. 53; 1993 a. 496; 2011 a. 22.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.135 - Confidential handling of records.

196.135
Confidential handling of records.
(1)
Definition. In this section, “record" has the meaning given in s. 19.32 (2).
(2)
Rules. The commission shall promulgate rules establishing requirements and procedures for the confidential handling of records filed with the commission.
(3)
Notice. If the commission decides to allow public access under s. 19.35 to a record filed with the commission, the commission shall, before allowing access and within 3 working days after making the decision to allow access, serve written notice of that decision by certified mail or personal service on the person who filed the record, if any of the following applies:
(a)
The commission granted the record confidential handling status under the rules promulgated under sub. (2).
(b)
The person who filed the record requested confidential handling status under the rules promulgated under sub. (2) and the commission has not yet acted on the request.
(c)
The commission denied a request for confidential handling under the rules promulgated under sub. (2); the person whose request was denied filed a petition for review of the commission's decision to deny the request; and the petition is pending before a court.
(4)
Limit on access; right of action.
(a)
The commission shall not provide access to a record that is the subject of a notice under sub. (3) within 12 days of the date of service of the notice.
(b)
A person who is entitled to a notice under sub. (3) may bring an action for judicial review of a decision by the commission to allow public access under s. 19.35 to a record. Section 19.356 (3) to (8) applies to such an action, except that “record subject" means the person who is entitled to notice under sub. (3), “authority" means the commission, “notice under s. 19.356 (2) (a)" means the notice under sub. (3), and “action commenced under s. 19.356 (4)" means the action under this paragraph.
History:  2003 a. 47.
NOTE:  2003 Wis. Act 47, which creates this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.137 - Municipal utility customer information.

196.137
Municipal utility customer information.
(1)
Definitions. In this section:
(a)
“Customer information" means any information received from customers which serves to identify customers individually by usage or account status.
(b)
“Municipal utility" has the meaning given in s. 196.377 (2) (a) 3.
(2)
Prohibition. A municipal utility may not release customer information to any person except with the consent of the customer obtained on a form specified under sub. (4), or except to any of the following:
(a)
Agents, vendors, partners, or affiliates of the municipal utility that are engaged to perform any services or functions for or on behalf of the municipal utility.
(ae)
In connection with an issue of municipal securities and to the extent the municipal utility determines release is necessary to comply with securities disclosure obligations, a lender or a purchaser, or potential purchaser, of or investor, or potential investor, in municipal securities.
(am)
In connection with the preparation of real estate closing documents, a title agent, insurer, lender, mortgage broker, or attorney providing legal services.
(ap)
In connection with a real estate transaction or appraisal of real property, a real estate broker or salesperson licensed under ch. 452 or an appraiser certified or licensed under ch. 458.
(as)
In connection with the foreclosure of real property, a lender or prospective purchaser.
(b)
Transmission and distribution utilities and operators within whose geographic service territory the customer is located.
(c)
The commission or any person whom the commission authorizes by order or rule to receive the customer information.
(cm)
An owner of a rental dwelling unit to whom the municipal utility provides notice of past-due charges pursuant to s. 66.0809 (5).
(cr)
An owner of real property provided with municipal utility service or the owner's designated agent or representative.
(d)
Any person who is otherwise authorized by law to receive the customer information.
(3)
Public record exception. Customer information is not subject to inspection or copying under s. 19.35.
(4)
Consent form. No later than April 1, 2014, the commission shall specify a form for a municipal utility to obtain a customer's consent to the release of customer information.
(5)
Customer postcards. A municipal utility that sends a billing statement to a customer on a postcard does not violate the prohibition under sub. (2).
History:  2013 a. 25, 47, 134.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.14 - Public record exception.

196.14
Public record exception.
The commission may withhold from public inspection any information which would aid a competitor of a public utility in competition with the public utility.
History:  1983 a. 53; 1985 a. 236, 297.
Cross-reference:  See s. 19.36 for other public record exceptions.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.16 - Standard measurements; accurate appliances.

196.16
Standard measurements; accurate appliances.
(1)
The commission shall fix adequate and serviceable standards for the measurement of quality, pressure, initial voltage or other condition pertaining to the supply of the product or service rendered by a public utility. The commission shall prescribe reasonable regulations for measurement, examination and testing of the product or service.
(2)
The commission shall establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurement of public utility service.
(3)
This section does not limit any power of a municipal governing body under s. 196.58.
History:  1983 a. 53; 1997 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.17 - Tests of meters; fees.

196.17
Tests of meters; fees.
(1)
The commission shall provide for the examination and testing of every appliance used for measuring any product or service of a public utility.
(2)
Any consumer may have an appliance tested under this section upon payment of a fee fixed by the commission.
(3)
The commission shall establish a reasonable fee to be paid for testing appliances under this section if a consumer requests the test. The fee shall be paid by the consumer at the time of his or her request, but shall be repaid to the consumer if the appliance is found to be defective or incorrect to the disadvantage of the consumer.
(4)
The commission may purchase materials, apparatus and standard measuring instruments for examinations and tests under this section.
History:  1983 a. 53.