AB143, s. 10 6Section 10. 350.138 (4) (a) 1., 2., 3. and 4. of the statutes are created to read:
AB143,6,107 350.138 (4) (a) 1. Within 30 days after the date on which the department sent
8a copy of the application to the applicable rail authority, the applicant provided to the
9applicable rail authority a written offer to discuss the advisability and feasibility of
10the proposed rail crossing.
AB143,6,1211 2. The applicant furnished the department with a copy of the written offer
12provided to the applicable rail authority under subd. 1.
AB143,6,1613 3. The rail authority did not file an objection with the department to the
14application within 60 days after receiving notice under sub. (3) or did not object,
15within that period, to a modification of the application as agreed to by the rail
16authority and the applicant.
AB143,6,1717 4. The application complies with the rules promulgated under s. 350.137.
AB143, s. 11 18Section 11. 350.138 (4) (b) of the statutes is created to read:
AB143,6,2219 350.138 (4) (b) The department shall hold a hearing on the application if the
20conditions under par. (a) 1., 2., and 4. are met, if the rail authority files with the
21department an objection to the application within 60 days after receiving notice
22under sub. (3), and if the objection contains all of the following:
AB143,6,2523 1. A statement that, after discussing the advisability and feasibility of the
24proposed rail crossing with the applicant in good faith, the rail authority opposes the
25application.
AB143,7,1
12. A statement of the basis for the rail authority's objection.
AB143, s. 12 2Section 12. 350.138 (4) (c) of the statutes is created to read:
AB143,7,73 350.138 (4) (c) The department shall give notice of any hearing scheduled
4under par. (b) to the applicant, to the applicable rail authority, and to the office of the
5commissioner of railroads. The hearing shall be a contested case hearing under ch.
6227. The department's order issuing or denying a permit is a final order subject to
7judicial review under ch. 227.
AB143, s. 13 8Section 13. 350.138 (4) (d) of the statutes is created to read:
AB143,7,139 350.138 (4) (d) The department shall issue a permit to the applicant after a
10hearing under par. (b), and after giving substantial weight to the testimony or report
11given under s. 195.03 (30), if the department finds that the proposed snowmobile
12crossing is advisable and feasible. In making its finding, the department shall
13consider, but not be limited to, all of the following factors:
AB143,7,1514 1. Whether the proposed snowmobile rail crossing could pose a substantial
15danger to public safety.
AB143,7,1716 2. Whether a snowmobile rail crossing that is located near the proposed
17snowmobile rail crossing provides an adequate crossing for snowmobiles.
AB143,7,1918 3. Whether the proposed snowmobile rail crossing would have a substantial
19adverse effect on railroad operations.
AB143,7,2120 4. Whether the proposed snowmobile rail crossing conforms with the
21requirements of the rules promulgated under s. 350.137.
AB143, s. 14 22Section 14. 350.138 (4) (e) of the statutes is created to read:
AB143,7,2523 350.138 (4) (e) If the department issues a permit to an applicant under this
24section, the rail authority shall construct that portion of the snowmobile rail crossing
25that is on the track and that portion that extends outward 4 feet from each outer rail.
AB143, s. 15
1Section 15. 350.138 (5) of the statutes is renumbered 350.138 (5) (a) and
2amended to read:
AB143,8,83 350.138 (5) (a) The department may charge an initial application fee not to
4exceed $150 for the costs of reviewing a permit application under sub. (4). Neither
5a rail authority nor the department may charge any other fee or amount for the
6construction or use of a snowmobile rail crossing or for the use of the right-of-way
7for the crossing
If the department charges the fee, the applicant must include the fee
8with the permit application
.
AB143, s. 16 9Section 16. 350.138 (5) (b) of the statutes is created to read:
AB143,8,1410 350.138 (5) (b) Except as provided under par. (c), if the department issues a
11permit to an applicant under this section, the applicant shall pay the rail authority
12$1,500 within 30 days after the date on which the permit is issued, to compensate the
13rail authority for the cost of constructing the snowmobile rail crossing and to pay for
14the use of the snowmobile rail crossing by snowmobile operators.
AB143, s. 17 15Section 17. 350.138 (5) (c) of the statutes is created to read:
AB143,8,1916 350.138 (5) (c) Biennially, beginning on January 1, 2004, the department shall
17adjust the fee under par. (b) by a percentage that is equal to the percentage change
18in the U.S. consumer price index for all urban consumers, U.S. city average, for the
1924-month period ending on December 31 of the previous calendar year.
AB143, s. 18 20Section 18. 350.138 (6) of the statutes is amended to read:
AB143,9,1621 350.138 (6) Liability insurance. The department shall require a snowmobile
22organization to maintain in effect liability insurance to indemnify the applicable rail
23authority for damages resulting from the design, construction or, maintenance,
24existence, or use
of a snowmobile rail crossing for which a permit is approved issued
25under this section, except that the department may not require the snowmobile

1organization to maintain in effect liability insurance to indemnify the applicable rail
2authority for injuries sustained by a person engaged in a recreational activity, if the
3rail authority would be immune from liability for those injuries under s. 895.52
.
4Regardless of the number of snowmobile rail crossings that the snowmobile
5organization maintains under this section and s. 350.139, the amount of the liability
6insurance that is required to be maintained under this subsection shall be at least
7$1,000,000 $2,000,000 for each snowmobile organization. Beginning on January 1,
81997, this minimum amount shall increase to $2,000,000
The snowmobile
9organization shall designate the applicable rail authority as a named insured on the
10policy
. Any liability insurance that is required under this subsection for the purpose
11of indemnifying a rail authority that is a rail transit body shall also indemnify the
12owners and operators of any railroad using the tracks of the rail transit body.
13Annually, beginning on the first day of the 3rd month beginning after the effective
14date of this subsection .... [revisor inserts date], each snowmobile organization that
15is required to maintain liability insurance under this subsection shall furnish proof
16of that insurance to the applicable rail authority and to the department.
AB143, s. 19 17Section 19. 350.138 (8) (a) of the statutes is repealed.
AB143, s. 20 18Section 20. 350.138 (8) (b) of the statutes is renumbered 350.138 (8) and
19amended to read:
AB143,9,2520 350.138 (8) Terms Revocation of permits. The department may revoke or
21refuse to renew
a permit that it previously approved only issued if the department
22determines that the snowmobile rail crossing is not constructed or maintained in
23compliance with the rules promulgated under s. 350.137, the. The department shall
24revoke a permit that it issued if the
snowmobile organization does not maintain any
25liability insurance that is required under sub. (6) or the snowmobile rail crossing is

1not maintained for use by snowmobiles for at least 5 winters in any 10-year period.
2The 10-year period for purposes of this paragraph subsection shall begin on the first
3December 15 following the date of the issuance of the permit.
AB143, s. 21 4Section 21. 350.138 (9) of the statutes is amended to read:
AB143,10,95 350.138 (9) Inspection authorized. The department or the office of the
6commissioner of railroads
may inspect the site of a proposed snowmobile rail crossing
7or the site of a snowmobile rail crossing for which a permit has been issued to
8determine whether there are grounds to refuse to issue a permit under sub. (4) or to
9revoke or refuse to renew a permit under sub. (8) (b).
AB143, s. 22 10Section 22. 350.139 (1) (a) of the statutes is amended to read:
AB143,10,1311 350.139 (1) (a) "Established snowmobile rail crossing" means a snowmobile rail
12crossing that has been used by snowmobiles, or maintained by a snowmobile
13organization for use by snowmobiles,
for at least 5 winters of the last 10 years.
AB143, s. 23 14Section 23. 350.139 (3) of the statutes is amended to read:
AB143,10,1815 350.139 (3) Charges prohibited. Neither the department nor a rail authority
16may charge a fee or any other amount for the use of an established snowmobile rail
17crossing or for the use of a right-of-way for the established snowmobile rail crossing,
18unless otherwise agreed upon by the rail authority and a snowmobile organization
.
AB143, s. 24 19Section 24. 350.139 (4) (intro.) of the statutes is amended to read:
AB143,10,2220 350.139 (4) Requirements Use and maintenance requirements. (intro.) The
21department shall require a snowmobile organization that uses or maintains any part
22of
an established snowmobile rail crossing to do all of the following:
AB143, s. 25 23Section 25. 350.139 (4) (a) of the statutes is amended to read:
AB143,11,224 350.139 (4) (a) Maintain that portion of the established snowmobile rail
25crossing in conformance with the rules promulgated under s. 350.137 that is outside

1of the portion of the snowmobile rail crossing that extends outward 4 feet from each
2outer rail
.
AB143, s. 26 3Section 26. 350.139 (4) (b) of the statutes is amended to read:
AB143,11,234 350.139 (4) (b) Maintain in effect liability insurance to indemnify the
5applicable rail authority for damages resulting from the design, construction or,
6maintenance, existence, or use of the established snowmobile rail crossing, except
7that the department shall not require the snowmobile organization to maintain in
8effect liability insurance to indemnify the applicable rail authority for injuries
9sustained by a person engaged in a recreational activity, if the rail authority would
10be immune from liability for those injuries under s. 895.52
. Regardless of the number
11of established snowmobile rail crossings and snowmobile rail crossings under s.
12350.138 that each snowmobile organization maintains, the amount of the liability
13insurance that is required to be maintained under this paragraph shall be at least
14$1,000,000 $2,000,000 for each snowmobile organization. Beginning on January 1,
151997, this minimum amount shall increase to $2,000,000
The snowmobile
16organization shall designate the applicable rail authority as a named insured on the
17policy
. Any liability insurance that is required under this paragraph for the purpose
18of indemnifying a rail authority that is a rail transit body shall also indemnify the
19owners and operators of any railroad using the tracks of the rail transit body.
20Annually, beginning on the first day of the 3rd month beginning after the effective
21date of this paragraph .... [revisor inserts date], each snowmobile organization that
22is required to maintain liability insurance under this paragraph shall furnish proof
23of that insurance to the applicable rail authority and to the department.
AB143, s. 27 24Section 27. 350.139 (5) of the statutes is amended to read:
AB143,12,4
1350.139 (5) Inspection authorized. The department or the office of the
2commissioner of railroads
may inspect an established snowmobile rail crossing to
3determine whether the snowmobile organization maintaining the crossing is in
4compliance with the requirements imposed under sub. (4).
AB143, s. 28 5Section 28. 350.1395 (title) of the statutes is amended to read:
AB143,12,7 6350.1395 (title) Snowmobile rail crossings; closing and removal; review
7of rail authorities; insurance rules.
AB143, s. 29 8Section 29. 350.1395 (1) (a) of the statutes is repealed.
AB143, s. 30 9Section 30. 350.1395 (2) (a) of the statutes is amended to read:
AB143,12,1910 350.1395 (2) (a) Except as provided in par. (b), no A rail authority may close
11or remove a snowmobile rail crossing subject to a permit under s. 350.138 or an
12established snowmobile rail crossing
if it enters into a written agreement with a
13snowmobile organization that holds a permit under s. 350.138 or that maintains an
14established snowmobile rail crossing under s. 350.139 under which the snowmobile
15organization agrees to allow the rail authority to close or remove the snowmobile rail
16crossing. Each rail authority that enters into a written agreement with a
17snowmobile organization under this paragraph to close or remove a snowmobile rail
18crossing shall notify the department of the agreement and that the snowmobile rail
19crossing has been closed or removed
.
AB143, s. 31 20Section 31. 350.1395 (2) (b) of the statutes is renumbered 350.1395 (2) (b) 1.
21and amended to read:
AB143,13,522 350.1395 (2) (b) 1. A rail authority may petition the department to review any
23failure of a snowmobile organization to comply with any requirements imposed
24under s. 350.138 or 350.139 (4), and to issue an order authorizing
authorize the rail
25authority to close or remove an established a snowmobile rail crossing. The

1department shall decide the matter after notice and hearing. The order issued by the
2department is a final order of the department subject to judicial review under ch. 227

3rail authority may file a petition under this subdivision without requesting or
4obtaining a written agreement from the snowmobile organization to close or remove
5the snowmobile rail crossing
.
AB143, s. 32 6Section 32. 350.1395 (2) (b) 2. of the statutes is created to read:
AB143,13,117 350.1395 (2) (b) 2. The department shall hold a hearing on a petition filed under
8subd. 1. after giving notice of the hearing to the rail authority, the snowmobile
9organization, and the office of the commissioner of railroads. The hearing shall be
10a contested case hearing under ch. 227. The department's order shall be a final order
11subject to judicial review under ch. 227.
AB143, s. 33 12Section 33. 350.1395 (2) (b) 3. of the statutes is created to read:
AB143,13,1713 350.1395 (2) (b) 3. The department shall grant a rail authority's petition under
14subd. 2. to close or remove a snowmobile rail crossing if, after a hearing under subd.
152., and after giving substantial weight to the office of the commissioner of railroads'
16testimony or report given under s. 195.03 (30) (b), the department finds that any of
17the following applies:
AB143,13,1918 a. The snowmobile rail crossing has not been maintained for use for at least 5
19winters in the 10 years preceding the year in which the petition was filed.
AB143,13,2020 b. The snowmobile rail crossing poses a substantial danger to public safety.
AB143,13,2321 c. Another snowmobile rail crossing is located near the snowmobile rail
22crossing that is the subject of the petition and the other snowmobile rail crossing
23provides a crossing for snowmobiles that is adequate and accessible.
AB143,13,2524 d. The snowmobile rail crossing has a substantial adverse effect on the
25operations of the rail authority.
AB143, s. 34
1Section 34. 350.1395 (3) of the statutes is amended to read:
AB143,14,132 350.1395 (3) Review of actions of rail authority. A snowmobile organization
3may request the department to review any failure of the a rail authority, and a rail
4authority may request the department to review any failure of a snowmobile
5organization,
to comply with s. 350.138 or 350.139 or , this section, or rules
6promulgated under these sections or s. 350.137
. The department shall decide the
7matter after notice and a contested case hearing. If the department finds that the
8rail authority or snowmobile organization failed to comply with s. 350.138 or
9350.139, this section, or rules promulgated under these sections or s. 350.137
, the
10department shall issue an order directing the rail authority or snowmobile
11organization
to take appropriate action in order to comply with this that section. The
12order issued by the department is a final order of the department subject to judicial
13review under ch. 227.
AB143, s. 35 14Section 35. 350.1395 (4) (b) of the statutes is amended to read:
AB143,14,2015 350.1395 (4) (b) No rule may be promulgated The department may not
16promulgate a rule
under this subsection without approval of the rule by the public
17service commission
first consulting with each rail authority in this state, that has
18furnished the department with the information required under s. 350.138 (2m), an
19established snowmobile association that represents snowmobile clubs, as defined in
20s. 350.138 (1) (e), in this state, and the office of the commissioner of railroads
.
AB143,14,2121 (End)
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