AB977: Bill Text

AB977, s. 66 Section 66. 192.34 of the statutes is amended to read:

AB977,23,23 192.34 Fences; complaint of insufficient; hearing; order. Upon complaint to the division of hearings and appeals by the owner or occupant of any land contiguous to the right-of-way of any railroad that the railroad company operating the line has failed to construct or keep in good repair fences along its right-of-way opposite to the complainant's land as required under s. 192.33, the office division of hearings and appeals shall proceed on the complaint in the manner provided in s. 195.04 under ch. 227. If it shall appear that the complaint is well founded, the office division of hearings and appeals may order and direct the railroad company to repair the complained of fences so that the fences will be sufficient or to construct legal fences.

AB977, s. 67 Section 67. 192.47 of the statutes is amended to read:

AB977,24,18 192.47 Railroad police; oath; powers. Any railway company may, at its own expense, appoint and employ railroad police officers at the stations or other places on the line of its road within this state as it deems necessary for the protection of its property and the preservation of order on its premises and in and about its cars, depots, depot grounds, yards, buildings or other structures. Each police officer shall take an oath to support the constitution of the United States and claiming to be a citizen of the United States and shall file it with the office department. Each police officer shall, when on duty, wear a shield furnished by the company bearing the words "Railroad Police" and the name of the company. These police officers may arrest, with or without warrant, any person who in their presence commits upon the premises of the company or in or about its cars, depots, depot grounds, yards, buildings or other structures any offense against the laws of this state or the ordinances of any town, city or village, and shall also have the authority of sheriffs in regard to the arrest or apprehension of these offenders in or about the premises or appurtenances. In case of the arrest, by a railroad police officer, of any person without warrant the officer shall immediately take the offender before a judge having jurisdiction and make complaint against the offender. Every railway company shall be responsible for the acts of its police officers.

AB977, s. 68 Section 68. 192.52 (3) of the statutes is amended to read:

AB977,25,2 192.52 (3) No railroad company operating in this state shall remove its shops from the place where the same are now located to any other point within or without this state or permanently close any shops in this state without first having secured the consent and permission of the office an order for such removal from the division of hearings and appeals, after due notice and public hearing, and in all other respects as provided for hearings in ch. 195 227. The office division of hearings and appeals shall render its decision within 30 days after such hearing.

AB977, s. 69 Section 69. 192.52 (4) of the statutes is amended to read:

AB977,25,8 192.52 (4) No railroad company operating in this state shall remove or transfer its terminals or permanently close any terminals in this state without the permission or consent of the office an order for such removal, transfer or closing from the division of hearings and appeals after due hearing had on the matter, in compliance with ch. 195 227.

AB977, s. 70 Section 70. 192.52 (5) of the statutes is amended to read:

AB977,25,19 192.52 (5) Before any railroad company operating in this state shall make any removal or transfer of shops or terminals or abandons the same, it shall file notice of intention so to do with the office division of hearings and appeals, and the office division of hearings and appeals shall have the power to investigate whether such proposed removal, transfer or abandonment, as the case may be, is in the public interest and is not unreasonable or unfair as to the employees of such railroad company. No such removal or transfer shall be made during such investigation, or thereafter, if the office division of hearings and appeals finds such removal, transfer or abandonment is not in the public interest or is unreasonable or unfair as to the employees of such railroad.

AB977, s. 71 Section 71. 192.53 (4) (a) of the statutes is amended to read:

AB977,25,25 192.53 (4) (a) Upon finding that any structure that is subject to the provisions of this section will not imperil life or limb, and that the public interest requires or permits the structure to be constructed or reconstructed otherwise than as permitted by the provisions of this section, the office department may exempt the structure from the provisions of this section.

AB977, s. 72 Section 72. 192.53 (4) (b) of the statutes is amended to read:

AB977,26,12 192.53 (4) (b) The office department shall make the findings described in par. (a) only upon written application to it to exempt the construction or reconstruction of a structure from the requirements of this section, setting forth fully the grounds therefor, and only after public hearing held upon notice to all interested parties except that, if no objection is filed with the office department within 20 days of the notice, the office department may authorize the exemption without hearing. The office's department's findings and order granting the exemption shall be in writing and shall contain complete provisions and requirements as to the horizontal clearance to be maintained in the construction or reconstruction. The structure shall be constructed or reconstructed only in compliance with the office's department's order.

AB977, s. 73 Section 73. 192.53 (5) (a) (intro.) of the statutes is amended to read:

AB977,26,17 192.53 (5) (a) (intro.) Except as otherwise provided in this section and subject to the power of the office department to make exceptions to this section in a manner similar to the power given it in sub. (4), no railroad or shipper may do any of the following:

AB977, s. 74 Section 74. 192.53 (6) of the statutes is amended to read:

AB977,26,22 192.53 (6) Any railroad or shipper to which this section applies, who violates any provision of this section or who fails, neglects or refuses to obey any lawful order made by the office department under this section, shall forfeit not less than $100 nor more than $200.

AB977, s. 75 Section 75. 192.55 (5) of the statutes is amended to read:

AB977,27,3 192.55 (5) Any corporation or person operating a railroad that shall fail to erect the telltales required by s. 192.31 for the space of 60 days after notice from the office department requiring such erection shall forfeit not less than $50 nor more than $100, and each 20 days' delay thereafter in erecting such telltales shall be a separate offense.

AB977, s. 76 Section 76. 192.56 (1) of the statutes is amended to read:

AB977,27,9 192.56 (1) It is unlawful for any railroad company owning or operating any railroad in whole or in part in this state, to abandon any station in any town, village or city on its line of railroad, within this state, or to remove the depot therefrom, or to withdraw agency service therefrom, without first obtaining from the office division of hearings and appeals an order authorizing such action.

AB977, s. 77 Section 77. 192.56 (2) of the statutes is amended to read:

AB977,27,17 192.56 (2) At a station where agency service is provided the application to the office division of hearings and appeals for such authorizing order shall set forth the facts showing the necessity for such action by the railroad company, and if the office division of hearings and appeals finds that the application is sufficient presumptively to justify the order prayed for, it shall enter an order fixing the time and place of hearing on the application, which time shall not be less than 20 days after the posting provided for in sub. (3).

AB977, s. 78 Section 78. 192.56 (3) of the statutes is amended to read:

AB977,27,21 192.56 (3) Notice of the time and place of the hearing and of the purpose thereof shall be given, by the office division of hearings and appeals, by posting the notice in 5 conspicuous places in the town or village.

AB977, s. 79 Section 79. 192.56 (5) of the statutes is amended to read:

AB977,28,2 192.56 (5) The hearing shall be held as other hearings before the office division of hearings and appeals are held as far as applicable. The office division of hearings and appeals may dismiss the application or may grant it in whole or in part and under such conditions as it may deem equitable.

AB977, s. 80 Section 80. 192.56 (6) of the statutes is amended to read:

AB977,28,15 192.56 (6) At a station where no agency service is provided, the application to the office division of hearings and appeals for such authorizing order shall set forth the facts showing the necessity for such action by the railroad company. Notice of proposed removal or abandonment shall be given by the office division of hearings and appeals by posting notice in 5 conspicuous places in the town or village concerned; and if within 20 days after the posting of notice no objections in writing are filed with the office division of hearings and appeals by persons directly affected, an order authorizing the abandonment of the station may be issued by the office division of hearings and appeals. If such objections to the granting of the order are filed with the office division of hearings and appeals, the office division of hearings and appeals shall proceed to hold a hearing in the matter as provided in subs. (4) and (5).

AB977, s. 81 Section 81. 195.001 (1r) of the statutes is created to read:

AB977,28,18 195.001 (1r) "Division of hearings and appeals" means the division of hearings and appeals in the department of administration.

AB977, s. 82 Section 82. 195.001 (2) of the statutes is repealed.

AB977, s. 83 Section 83. 195.001 (3) of the statutes is created to read:

AB977,28,21 195.001 (3) "Secretary" means the secretary of transportation.

AB977, s. 84 Section 84. 195.03 (title) of the statutes is amended to read:

AB977,28,24 195.03 (title) Office Department; powers and duties, general enumeration.

AB977, s. 85 Section 85. 195.03 (1) of the statutes is amended to read:

AB977,29,3 195.03 (1) Practice rules. The office department may take testimony and administer oaths and may promulgate rules to govern its proceedings and to regulate the mode and manner of all hearings. All hearings shall be open to the public.

AB977, s. 86 Section 86. 195.03 (2) of the statutes is amended to read:

AB977,29,7 195.03 (2) Office Department initiative. In any matter within its jurisdiction under ch. 192 or this chapter, the office department may initiate, investigate and order a hearing at its discretion upon such notice as it considers proper.

AB977, s. 87 Section 87. 195.03 (7) of the statutes is amended to read:

AB977,29,14 195.03 (7) Study railroad and water carrier business, demand information. The office department may inquire into the management of the business of all railroads and water carriers, and shall keep itself informed as to the manner in which the same is conducted, and may obtain from any railroad or water carrier all necessary information to enable the office department to perform the duties and carry out the objects for which it is responsible.

AB977, s. 88 Section 88. 195.03 (8) of the statutes is amended to read:

AB977,29,24 195.03 (8) Questionnaires, answers compulsory. The office department shall prepare forms for the purpose of obtaining the information which it may deem necessary or useful to the proper exercise of its functions, which shall conform as nearly as practicable to the forms prescribed by the federal railroad administration, federal surface transportation board, or other applicable federal agency or authority, and shall furnish the forms to railroads and water carriers, and every railroad and water carrier receiving the forms shall cause the forms to be properly completed and verified under oath by its proper officer and returned to the office department within the time fixed by the office department.

AB977, s. 89 Section 89. 195.03 (9) of the statutes is amended to read:

AB977,30,8 195.03 (9) Examine books and files of railroads and water carriers. The commissioner of railroads secretary or any person employed by the office department for that purpose shall, upon demand, have the right to inspect the books and papers of any railroad or water carrier and to examine under oath any officer, agent or employee of such railroad or water carrier in relation to its business and affairs; provided that any person other that than the commissioner of railroads secretary who makes such demand shall produce his or her authority under the hand and seal of the office secretary.

AB977, s. 90 Section 90. 195.03 (10) of the statutes is amended to read:

AB977,30,15 195.03 (10) Production of records and files kept out of state. The office department may, by an order or subpoena to be served in the manner that a circuit court summons is served, require the production within this state, at such time and place as it may designate, of any books, papers or accounts kept by any railroad or water carrier without the state, or verified copies in lieu thereof, if the office department shall so order.

AB977, s. 91 Section 91. 195.03 (11) of the statutes is amended to read:

AB977,30,23 195.03 (11) Uniform system of accounting. The office department may prescribe a uniform system of keeping and rendering accounts of all railroad and water carrier business transacted in this state, and the time within which railroads and water carriers shall adopt such system; provided that all forms of accounts which may be prescribed by the office department shall conform to any applicable requirement under 49 USC 11141 to 11164 or 49 CFR 1201 and, as nearly as practicable, to similar forms prescribed by federal authority.

AB977, s. 92 Section 92. 195.03 (12) of the statutes is amended to read:

AB977,31,3 195.03 (12) Time for filing water carrier rate tariffs. The office department shall fix the time for filing water carrier schedules relative to the transportation of passengers and property and of any service in connection therewith.

AB977, s. 93 Section 93. 195.03 (13) of the statutes is amended to read:

AB977,31,6 195.03 (13) Schedule forms. The office department may prescribe the forms for water carrier schedules.

AB977, s. 94 Section 94. 195.03 (14) of the statutes is amended to read:

AB977,31,9 195.03 (14) Passes to shippers. The office department may prescribe regulations for free transportation of attendants upon shipments of livestock.

AB977, s. 95 Section 95. 195.03 (15) of the statutes is amended to read:

AB977,31,13 195.03 (15) Elevators and warehouses. The office department may prescribe rules and regulations covering the charges and manner of conducting the business of public elevators and warehouses upon railroad ground.

AB977, s. 96 Section 96. 195.03 (16) of the statutes is amended to read:

AB977,31,18 195.03 (16) Car service. The office department may make reasonable regulations for furnishing cars to shippers, and for moving, loading and unloading cars and for weighing cars and freight, and to test railroad weights and scales used in weighing freight or cars.

AB977, s. 97 Section 97. 195.03 (17) of the statutes is amended to read:

AB977,31,23 195.03 (17) Private tracks. The office department shall have control of private railroad tracks insofar as the same are used by common carriers for the transportation of freight, in all respects the same as though such tracks were part of a public railroad.

AB977, s. 98 Section 98. 195.03 (18) of the statutes is amended to read:

AB977,32,3 195.03 (18) Safety devices. The office department may make reasonable rules, regulations, specifications and standards for the installation, operation and maintenance of all safety devices and measures.

AB977, s. 99 Section 99. 195.03 (19) of the statutes is amended to read:

AB977,32,7 195.03 (19) Railroad and water carrier structures. The office department may order the repair or reconstruction of any inadequate or unsafe railroad track or water carrier structure.

AB977, s. 100 Section 100. 195.03 (25) of the statutes is amended to read:

AB977,32,11 195.03 (25) Distribution of orders. The office department shall upon application furnish certified copies, under its seal, of any order made by it, which shall be prima facie evidence of the facts stated therein.

AB977, s. 101 Section 101. 195.03 (28) of the statutes is amended to read:

AB977,32,15 195.03 (28) Title. Legal actions. The office may sue and be sued in that name, and department may confer with or participate in any proceedings before any regulatory agency of any other state or of the federal government.

AB977, s. 102 Section 102. 195.03 (29) of the statutes is amended to read:

AB977,32,21 195.03 (29) Train privileges. The employees authorized by the office department to perform railroad inspection duties may, in the performance of such duties, ride in and upon any engine, car or train of any class, of any railroad, upon payment of the lawful passenger fare, but such railroad shall not thereby be deemed to become a common carrier of passengers other than on passenger cars.

AB977, s. 103 Section 103. 195.03 (30) (a) of the statutes is amended to read:

AB977,32,25 195.03 (30) (a) The office department shall give testimony at the hearing under s. 350.138 (4) (b), or shall submit a written report for introduction into the hearing record, on the factors stated in s. 350.138 (4) (d) 1., 2., 3., and 4.

AB977, s. 104 Section 104. 195.03 (30) (b) of the statutes is amended to read:

AB977,33,5 195.03 (30) (b) The office department shall give the department of natural resources the office's department's opinion on whether the snowmobile crossing should be closed or removed in testimony at the hearing under s. 350.1395 (2) (b) 2. or in a written report for introduction into the hearing record.

AB977, s. 105 Section 105. 195.04 (1) of the statutes is amended to read:

AB977,33,15 195.04 (1) Upon complaint of any person, including any state agency, water carrier, or railroad, either relating to a railroad as provided under s. 192.324, 192.34, 195.20, 195.28 (1), 195.285 (1), 195.29 (1), (5), or (6), 195.31, or 195.32 or that any water carrier rate, fare, charge, or classification or any regulation or practice whatever affecting the transportation of persons or property, or any service in connection therewith, is in any respect unreasonable or unjustly discriminatory or that any service is inadequate, the office department may investigate the complaint and shall set the complaint for hearing. No order may be entered by the office department without a public hearing, except as otherwise provided in this chapter.

AB977, s. 106 Section 106. 195.04 (2) of the statutes is amended to read:

AB977,33,20 195.04 (2) The office department shall, prior to any hearing, notify the water carrier or railroad complained of that a complaint has been made, and 20 days after such notice has been given the office department may proceed to set a time and place for a hearing.

AB977, s. 107 Section 107. 195.04 (3) of the statutes is amended to read:

AB977,33,25 195.04 (3) The office department shall give the water carrier or railroad and the complainant 20 days' notice of the hearing and the matters to be considered and determined. Both the water carrier or railroad and the complainant shall be entitled to be heard and shall have process to enforce the attendance of witnesses.

AB977, s. 108 Section 108. 195.041 of the statutes is amended to read:

AB977,34,7 195.041 Separate rate hearings; absence of direct damage. The office department may, when complaint is made of more than one water carrier rate or charge, order separate hearings thereon, and may consider and determine the several matters complained of separately and at such times as it may prescribe. No complaint shall at any time be dismissed because of the absence of direct damage to the complainant.

AB977, s. 109 Section 109. 195.042 of the statutes is amended to read:

AB977,34,15 195.042 Summary investigations. Whenever the office department believes that any water carrier rate or charge may be unreasonable or unjustly discriminatory or that any service is inadequate or cannot be obtained or that an investigation of any matter relating to any water carrier or, if a matter arising under s. 192.324, 192.34, 195.20, 195.28 (1), 195.285 (1), 195.29 (1), (5), or (6), 195.31, or 195.32, to any railroad should for any reason be made, it may investigate the same with or without notice.

AB977, s. 110 Section 110. 195.043 (1) of the statutes is amended to read:

AB977,34,22 195.043 (1) If, after summary investigation, the office department becomes satisfied that sufficient grounds exist to warrant a formal hearing being ordered as to the matters investigated, it shall set a time and place for a hearing. The office department shall publish notice of any such investigation in its weekly calendar and any report and all matters considered by the office department with respect thereto shall be available for public inspection upon request.