****Note: This is reconciled s. 190.03. This Section has been affected by drafts with the
following LRB numbers: LRB-2136 and LRB-2285.
AB150, s. 5071
17Section
5071. 190.051 (1) of the statutes is amended to read:
AB150,1695,718
190.051
(1) Any railroad corporation may extend its road from any point named
19in its charter or articles of organization, or may build branch roads from any point
20on its line or from any point on the line of any other road connected or to be connected
21with its road, the use of which other road between such points and the connection
22with its own road such corporation shall have secured for a term of not less than ten
23years. Before making such extension or building any such branch road such
1corporation shall, by resolution of its directors, to be entered in the record of its
2proceedings, designate the route of such proposed extension or branch, and file, for
3record, a copy of such record, certified by the president and secretary,
in the office of
4the secretary of state with the department of revenue. Thereupon such corporation
5shall have all the rights and privileges to make such extension or build such branch
6and receive aid thereto which it would have had if it had been authorized in its
7charter or articles of organization.
AB150, s. 5072
8Section
5072. 190.06 (1) of the statutes is amended to read:
AB150,1695,219
190.06
(1) Any railroad corporation existing under the laws of this state, or by
10consolidation under said laws and the laws of other states, may consolidate with any
11other railroad corporation, and possess all of the powers, franchises and immunities,
12and be subject to all the liabilities and restrictions of railroad corporations generally,
13and such, in addition, as the combining corporations peculiarly possessed or were
14subject to at the time of consolidation. Articles of consolidation shall be approved by
15each corporation, by a vote of a majority of the stock at an annual meeting or at a
16special meeting called for that purpose or by the consent in writing of the holders of
17a majority of the stock annexed to such articles; and such articles, with a copy of the
18records of such approval or such consent and accompanied by lists of the stockholders
19and the number of shares held by each, duly certified by their respective presidents
20and secretaries, shall be filed for record
in the office of the secretary of state with the
21department of revenue before any such consolidation shall have validity or effect.
AB150, s. 5073
22Section
5073. 190.11 (1) of the statutes is amended to read:
AB150,1696,323
190.11
(1) Every conveyance or lease, deed of trust, mortgage or satisfaction
24thereof made by any railroad corporation shall be executed and acknowledged in the
25manner in which conveyances of real estate by corporations are required to be to
1entitle the same to be recorded, and shall be filed
in the office of the secretary of state,
2who with the department of revenue, which shall endorse thereon "filed" and the date
3of filing.
AB150, s. 5074
4Section
5074. 190.11 (3) of the statutes is amended to read:
AB150,1696,65
190.11
(3) The
secretary of state
department of revenue shall collect a fee of $1
6per page filed under sub. (1).
AB150, s. 5075
7Section
5075. 190.11 (4) of the statutes is amended to read:
AB150,1696,138
190.11
(4) The
secretary of state
department of revenue shall collect a fee at
9the rate under s. 77.22 and, on or before the 15th day of the month after the fee is
10collected, shall remit that fee to the department of administration for deposit in the
11general fund
and transmit a copy of the return associated with that return to the
12department of revenue. Sections 77.21, 77.22 and 77.25 to 77.27 apply to the fee
13under this subsection.
AB150, s. 5076
14Section
5076. 190.13 of the statutes is amended to read:
AB150,1696,24
15190.13 Report to stockholders. Every railroad corporation shall make an
16annual report to its stockholders of its operations for the preceding calendar year, or
17for its fiscal year, as the case may be, which report shall contain a balance sheet
18showing its assets and liabilities, its capital stock, and funded debt, and an income
19account showing its operating revenues, operating expenses, gross and net income,
20as the result of its traffic or business operations, and such other information in
21respect of its affairs as the board of directors shall deem advisable. A copy of each
22such report shall be kept on file in its principal office in this state, shall be mailed
23to each stockholder whose post-office address is known and shall be filed with the
24office of the commissioner of railroads department of revenue.
****Note: This is reconciled s. 190.13. This Section has been affected by drafts with the
following LRB numbers: LRB-2136 and LRB-2285.
AB150, s. 5077
1Section
5077. 190.16 (4) (a) of the statutes is amended to read:
AB150,1697,92
190.16
(4) (a) Every railroad shall acquire the necessary right-of-way for and
3shall construct, connect, maintain and operate a reasonably adequate spur track
4whenever such spur track does not necessarily exceed 3 miles in length, is practically
5indispensable to the successful operation of any existing or proposed industry or
6enterprise, and its construction and operation is not unusually dangerous, and is not
7unreasonably harmful to public interest, and any person aggrieved by the failure of
8any railroad to fully perform such obligation may prosecute proceedings before the
9office division of hearings and appeals to compel compliance therewith.
AB150, s. 5078
10Section
5078. 190.16 (4) (b) of the statutes is amended to read:
AB150,1698,311
190.16
(4) (b) Such railroad may require the person primarily to be served
12thereby to pay the legitimate cost and expense of acquiring the necessary
13right-of-way for such spur track, and of constructing the same, the cost to be
14estimated in separate items by the
office division of hearings and appeals, and
15deposited with the railroad, before it shall be required to incur any expense whatever
16therefor; but such person, in lieu of depositing the total estimated cost may offer in
17writing to construct such spur track, the offer to be accompanied by a surety company
18bond, running to such railroad, and conditioned upon the construction of such spur
19track in a good and workmanlike manner, according to the plans and specifications
20of such railroad, approved by the
office division of hearings and appeals, and deposit
21with such railroad the estimated cost of the necessary right-of-way. Provided that
22before the railroad shall be required to incur any expense whatever in the
23construction of such spur track, the person primarily to be served thereby shall give
1the railroad a bond to be approved by the
office division of hearings and appeals as
2to form, amount and surety, securing the railroad against loss on account of any
3expense incurred beyond the estimated cost.
AB150, s. 5079
4Section
5079. 190.16 (4) (c) of the statutes is amended to read:
AB150,1698,105
190.16
(4) (c) Whenever a spur track is so constructed at the expense of the
6owner of any industry or enterprise, and any other person shall desire a connection
7with such spur track, application therefor shall be made to the
office division of
8hearings and appeals, and such other person shall be required to pay to such owner
9an equitable proportion of the cost thereof, to be determined by the
office divisions
10of hearings and appeals.
AB150, s. 5080
11Section
5080. 190.16 (5) of the statutes is amended to read:
AB150,1698,2012
190.16
(5) Removal, when. Except where a spur track was constructed prior to
13June 16, 1925, at the expense of the railroad company, no spur track shall be
14removed, dismantled or otherwise rendered unfit for service except upon order of the
15office division of hearings and appeals made after hearing held upon notice to all
16parties interested, and for good cause shown; provided that if no objection has been
17filed with the
office division of hearings and appeals within 20 days from the original
18publication of such notice, the
office division of hearings and appeals may without
19hearing authorize such spur track removed, dismantled or otherwise rendered unfit
20for service.
AB150, s. 5081
21Section
5081. 191.001 (1) of the statutes is repealed and recreated to read:
AB150,1698,2222
191.001
(1) "Department" means the department of transportation.
AB150, s. 5082
23Section
5082. 191.01 (2) of the statutes is amended to read:
AB150,1699,424
191.01
(2) (title)
Construction, certificate from office department
25prerequisite. No railroad corporation shall begin the construction of any proposed
1line of railroad in this state until it shall have obtained from the
office department 2a certificate
that public convenience and a necessity require authorizing the
3construction of the
railroad, and the certificate shall constitute the license from this
4state to the company to build its proposed railroad.
AB150, s. 5083
5Section
5083. 191.03 of the statutes is amended to read:
AB150,1699,11
6191.03 Articles; publication prerequisite to certificate. No railroad
7corporation shall make application for a certificate
authorizing construction of a
8railroad unless it has caused a copy of its corporate articles to be published as a class
92 notice, under ch. 985, in each county in which the railroad is proposed to be located
10within 6 months next prior to the time of making such application, and files
11satisfactory proof thereof with the
office department.
AB150, s. 5084
12Section
5084. 191.05 of the statutes is amended to read:
AB150,1699,17
13191.05 Maps and profiles with application; changes. Complete maps and
14profiles of the proposed railroad shall be filed with the application for a certificate
15of convenience and necessity authorizing construction. The
office department may
16permit errors, omissions or defects in the application, maps and profiles to be
17supplied or corrected, and permit changes in the proposed route to be made.
AB150, s. 5085
18Section
5085. 191.07 of the statutes is amended to read:
AB150,1700,2
19191.07 Hearing of applicants; notice. Upon receiving such application the
20office shall department may set a time and place for a hearing, which time shall not
21be less than 3 weeks nor more than 8 weeks from the date of filing the application,
22and the place shall be at the city of Madison, or at some place along the line of the
23proposed railroad, if the
office department deems the latter more convenient
, and.
24If the department sets a hearing, the department shall give to the applicant notice
25thereof, which notice shall be published by the applicant, as a class 2 notice, under
1ch. 985, in each county in which the railroad, extension or branch is proposed to be
2located, and proof of such publication shall be filed with the
office department.
AB150, s. 5086
3Section
5086. 191.09 of the statutes is repealed and recreated to read:
AB150,1700,5
4191.09 Procedures before the department. Chapter 227 applies to all
5proceedings under this chapter.
AB150, s. 5087
6Section
5087. 191.10 (title) of the statutes is amended to read:
AB150,1700,7
7191.10 (title)
Certificate of necessity.
AB150, s. 5088
8Section
5088. 191.10 (1) of the statutes is amended to read:
AB150,1700,239
191.10
(1) Issuance, filing, recording, condemnation. If the
office of the
10commissioner of railroads finds that the proposed railroad would be a public
11convenience and that a necessity requires its construction, the office of the
12commissioner of railroads shall enter an order to that effect and issue department
13issues to the applicant a certificate
that public convenience and a necessity require
14the construction of the railroad as proposed. The certificate shall be filed in the office
15of the secretary of state and the office of the secretary of state
under this chapter, the
16applicant shall file the certificate with the department of revenue. The department
17of transportation shall approve the map showing the route of the railroad. The
18applicant shall record the map certified by the
office of the commissioner of railroads 19department of transportation in the office of the register of deeds in each county in
20which the railroad shall be located. The filing of the certificate with the
secretary
21of state department of revenue and the recording of the map, as above provided, are
22conditions precedent to the right of the applicant to institute condemnation
23proceedings.
****Note: This is reconciled s. 191.10 (1). This Section has been affected by drafts with the
following LRB numbers: LRB-2136 and LRB-2285.
AB150, s. 5089
1Section
5089. 191.10 (2) of the statutes is amended to read:
AB150,1701,62
191.10
(2) Certificate for part of line.
Whenever it shall appear to the office
3that public convenience and a necessity do not require the construction of the
4railroad as proposed in the application, but do require the construction of a part
5thereof, the office The department may issue a certificate for the construction of
such 6part of the railroad
as public convenience and necessity require.
AB150, s. 5090
7Section
5090. 191.10 (3) of the statutes is amended to read:
AB150,1701,138
191.10
(3) Refusal of certificate; renewal of application. If the
office shall
9determine that the proposed railroad is not a necessity or is not required by public
10convenience, the office shall by order refuse to grant a certificate, department denies
11the application for a certificate, the department shall issue an order refusing the
12certificate and stating the reasons for the refusal. The application may be renewed
13after 2 years from the date of the refusal, but not sooner.
AB150, s. 5091
14Section
5091. 191.11 of the statutes is amended to read:
AB150,1701,21
15191.11 Revocation of certificate. If any railroad company after obtaining a
16certificate
that public convenience and a necessity require authorizing the
17construction of the whole or part of its railroad fails to begin construction within one
18year from the date of the certificate, or having begun such construction, fails to
19prosecute the same, the
office department may inquire into the reasons for such
20failure and may revoke the certificate, if the
office
department finds, after notice and
21hearing, that such failure is unreasonable.
AB150, s. 5092
22Section
5092. 191.13 (2) of the statutes is amended to read:
AB150,1702,823
191.13
(2) No railroad corporation shall exercise such power until it has
24obtained from the
office department a certificate
that public convenience and
25necessity require authorizing the construction of the temporary railroad
, and the
1certificate shall constitute the license to the company to build its proposed temporary
2railroad. The certificate shall specify the length of time the railroad may be
3maintained and operated, and may be renewed from time to time upon application
4by the railroad company. At the expiration of the time specified in the certificate, or
5any renewal thereof, the railroad company shall discontinue, dismantle and remove
6the temporary railroad; and may prior to the expiration of such time, upon order of
7the
office department, and after a hearing, upon notice to all parties interested and
8good cause shown, discontinue, dismantle and remove the railroad.
AB150, s. 5093
9Section
5093. 191.16 of the statutes is amended to read:
AB150,1702,20
10191.16 (title)
Construction items submitted to office department. Upon
11receiving the certificate
of public convenience and necessity authorizing
12construction, the applicant shall before commencing construction submit to the
office 13department a condensed specification of the character of construction that the
14applicant proposes to install, showing the kind, quality and weight of the rail
15proposed to be used, the mode of construction, character, quality, and strength of all
16bridges, culverts and viaducts, the abutments and approaches proposed to be built,
17the grade of and proposed method of draining the roadbed, and the kind of power to
18be used and the plant and appliances to be employed in power production, and such
19other facts relating to the construction of the proposed railroad as the
office
20department requires.
AB150, s. 5094
21Section
5094. 191.17 of the statutes is amended to read:
AB150,1703,6
22191.17 Public safety; investigation; approval of plans. Upon receiving
23the specification required by s. 191.16, the
office
department shall examine the same
24and shall hear the applicant in support thereof, shall suggest and require
25modifications of the specification if the public safety so demands, eliminating so far
1as may be practicable, consistent with reasonable cost, all grade crossings of public
2highways, shall inspect the route of the proposed railroad if deemed desirable, and
3shall otherwise investigate and determine that the proposed construction will be
4adequate for securing public safety in the operation of the railroad, and thereupon
5the
office department shall enter an order approving the specification and
6authorizing the construction of the railroad in accordance therewith.
AB150, s. 5095
7Section
5095. 191.19 (1) of the statutes is amended to read:
AB150,1703,158
191.19
(1) Upon the completion of the construction of any railroad under the
9approved specification, the company shall, before operating the same for public
10service, report to the
office department; and the
office department shall inspect the
11work. If the
office department finds that the railroad has been constructed in
12accordance with the approved specification and is otherwise suitable and properly
13constructed so as to secure public safety in the operation thereof, the
office 14department shall enter an order authorizing its operation, which order shall be
15presumptive evidence of the sufficiency of such construction.
AB150, s. 5096
16Section
5096. 191.19 (3) of the statutes is amended to read:
AB150,1703,2317
191.19
(3) If upon inspection the
office department shall deem that public
18safety requires the installation, operation and maintenance of some protective
19appliance at any grade crossing of railroad tracks the
office department may, before
20granting the order, after notice and hearing, require the installation, operation and
21maintenance of suitable protective appliances, and shall apportion the expense of
22constructing, maintaining and operating such protective appliances among the
23owners of the tracks.
AB150, s. 5097
24Section
5097. 191.20 of the statutes is amended to read:
AB150,1704,10
1191.20 Railroad routes; right to alter. Every railroad company may, by the
2vote of two-thirds of its directors, alter or change the route of its railroad, by making
3and filing with the
office of the commissioner of railroads department and also by
4recording in the office of the register of deeds of the county or counties where the
5alteration or change is to be made, a surveyed map and certificate of the alteration
6or change. The alteration or change may not deviate from the original route for a
7greater distance than one mile at any point. No city or village may be left off the
8railroad by the change of route. The original end points of the railroad, or the route
9in any city or village, shall not be changed without the approval of the
office of the
10commissioner of railroads department after notice to the municipality.
AB150, s. 5098
11Section
5098. 191.21 of the statutes is amended to read:
AB150,1704,15
12191.21 Notices in counties without newspapers. If no newspaper is
13published in any county in which a railroad is proposed to be located, the publications
14required by this chapter may be made in such manner and at such places as the
office 15department shall designate.
AB150, s. 5099
16Section
5099. 192.001 (1r) of the statutes is created to read:
AB150,1704,1817
192.001
(1r) "Division of hearings and appeals" means the division of hearings
18and appeals in the department of administration.
AB150, s. 5100
19Section
5100. 192.001 (2) of the statutes is repealed.
AB150, s. 5101
20Section
5101. 192.14 (10) of the statutes is amended to read:
AB150,1705,221
192.14
(10) If in any particular case any temporary exemption from any
22requirement of this section is deemed necessary by a carrier, the
office department 23shall consider the application of the carrier for temporary exemption and may grant
24the exemption when accompanied by a full statement of the conditions existing and
1the reasons for the exemption. Any exemption so granted will be limited to the
2particular case specified and shall be limited to a stated period of time.
AB150, s. 5102
3Section
5102. 192.14 (12) of the statutes is amended to read:
AB150,1705,54
192.14
(12) The
office department may after public hearing make rules and
5establish the standards deemed necessary to carry out the purposes of this section.
AB150, s. 5103
6Section
5103. 192.15 (14) of the statutes is amended to read:
AB150,1705,127
192.15
(14) If in any particular case any exemption from any requirement of
8this section is deemed necessary by a carrier, the
office department shall consider the
9application of the carrier for exemption and may grant the exemption when
10accompanied by a full statement of the conditions existing and the reasons for the
11exemption. Any exemption so granted shall be limited to the particular case specified
12and shall be limited to a stated period of time.
AB150, s. 5104
13Section
5104. 192.27 (1) of the statutes is amended to read:
AB150,1705,2214
192.27
(1) When the track of a railway corporation crosses the track of any
15other railway corporation at grade, or when their tracks and right-of-way are
16adjacent, except in counties having a population of at least 150,000, the corporations
17shall, within 60 days after a written request of the
office department or the council
18or board of the city, town or village within which the tracks so cross or are adjacent,
19make a track connection within such town, city or village to afford reasonable and
20proper facilities for the interchange of traffic between their respective lines for
21forwarding and delivering freight, and the expense thereof shall be borne equally by
22those corporations, unless otherwise ordered by the
office department.
AB150, s. 5105
23Section
5105. 192.29 (1) of the statutes is amended to read:
AB150,1706,2024
192.29
(1) Setting maximum speed. Upon petition to the
office department by
25the governing body of any city or village or by any railroad corporation alleging that
1any railroad crossing of one or more public highways or streets in the city or village
2is dangerous to human life and that public safety requires a designation of the
3maximum speed of a train over such crossing or crossings, or that an order previously
4made by the
office department should be modified, the
office department shall give
5notice to the parties in interest and order a hearing thereon in the manner provided
6by
s. 195.04 ch. 227. If after the hearing the
office department shall determine that
7the crossing or crossings described in the petition are dangerous to human life, it may
8by order determine what maximum speed of a train over the crossing is reasonably
9required by public safety and is consistent with the public need for adequate and
10expeditious passenger and freight service by railroad, having due regard for other
11orders entered by the
office department and to practical railroad operating
12conditions. Where the
office department has designated the maximum speed of any
13train or trains over such crossing or crossings, the rate of speed shall be the lawful
14maximum speed at which any train affected by the order can be operated over the
15public highway or street crossing, until changed by subsequent order of the
office 16department. Every railroad corporation violating any order entered under this
17subsection shall for every violation forfeit not less than $10 nor more than $100. The
18jurisdiction over train speeds hereby vested in the
office department shall be
19exclusive, but any order entered by the
office department hereunder shall be subject
20to judicial review in the manner provided by ch. 227.
AB150, s. 5106
21Section
5106. 192.29 (2) of the statutes is amended to read:
AB150,1706,2422
192.29
(2) Arterial stop signs. In any proceeding under sub. (1) or under s.
23195.28, the
office department may by order require that the state or municipality
24install at any crossing involved in such proceeding an official stop sign.
AB150, s. 5107
25Section
5107. 192.29 (4) of the statutes is amended to read:
AB150,1707,7
1192.29
(4) Highways, whistle, horn, bell. No railroad train or locomotive shall
2run over any public traveled grade highway crossing outside of the limits of
3municipalities unless the whistle or horn shall be blown 1,320 feet from such crossing
4and the engine bell rung continuously from thence until the crossing be reached. But
5the
office department may order that the ringing of the bell or the blowing of the
6whistle, or horn, or both, as required by this subsection shall be omitted at any
7crossing.
AB150, s. 5108
8Section
5108. 192.29 (5) of the statutes is amended to read:
AB150,1707,159
192.29
(5) Danger signs. Wherever its track crosses a public highway or street,
10every railroad corporation shall maintain on each side of the track and near such
11crossing a
large signboard with the following inscription, painted in large letters:
12"Railroad Crossing," in such manner as to be visible to approaching traffic on the
13highway or street at least 100 feet distant railroad crossing sign. The sign shall be
14constructed and erected as provided in the manual adopted by the department under
15s. 84.02 (4) (e).
AB150, s. 5109
16Section
5109. 192.31 (1) of the statutes is amended to read:
AB150,1707,2517
192.31
(1) Every railroad corporation shall maintain suitable telltales
18wherever any overhead structure or any part thereof is less than 23 feet above the
19top of rail; except that if the
office department finds that the installation of a telltale
20at any particular place would be impracticable or would result in an increased
21hazard to either the public or an employe and that either or both such factors
22outweigh the safety benefit which would result from the installation of a telltale, the
23office department may enter an order providing an exemption from this section. The
24exemption shall be ordered by the
office department only after public hearing under
25sub. (4).
AB150, s. 5110
1Section
5110. 192.31 (2) of the statutes is amended to read:
AB150,1708,32
192.31
(2) The
office department may determine the materials for and the
3construction and placing of such telltales.
AB150, s. 5111
4Section
5111. 192.31 (4) of the statutes is amended to read:
AB150,1708,135
192.31
(4) Upon finding that any such structure will not imperil life or limb, and
6that the public interest requires or permits such structure to be constructed or
7reconstructed otherwise than as permitted by sub. (3), the
office department may
8exempt such structure from such provision. Such findings shall be made only upon
9written application, setting forth fully the grounds therefor and shall be made only
10after public hearing. The findings and order granting exemption shall be in writing
11and contain complete provisions and requirements as to the vertical clearance to be
12maintained in such construction or reconstruction. Such structure shall be
13constructed or reconstructed only in compliance with such order.
AB150, s. 5112
14Section
5112. 192.31 (5) of the statutes is amended to read:
AB150,1708,1915
192.31
(5) Prior to July 1, in each year every corporation operating a railroad
16within the state shall file with the
office department a verified statement showing
17the location of every such bridge or other structure over any of its tracks at a height
18of less than 23 feet above the top of rail, together with a statement showing whether
19or not the provisions of this section have been fully complied with.
AB150, s. 5113
20Section
5113. 192.324 of the statutes is amended to read:
AB150,1709,10
21192.324 Railroad bridges to be safe for employes. Whenever a complaint
22is lodged with the
office department by any person to the effect that a railroad bridge
23because of its style of construction does not have walks or railings and for that reason
24is dangerous to the life and limb of railroad employes and the safety of such employes
25requires the alteration so as to provide for such walks and railings of such bridge, the
1office department shall give notice to the party in interest, other than the
2complainant, of the filing of the complaint and furnish such party with a copy
3thereof, and order a hearing thereon
, in the manner provided for hearings in s.
4195.31. The office under s. 85.013 (3) and ch. 227 by the division of hearings and
5appeals. The department may proceed in a similar manner in the absence of a
6complaint when, in the opinion of the
office department, the safety of railroad
7employes requires the alteration of a railroad bridge. After the hearing, the
office 8division of hearings and appeals shall determine what alteration, if any, of such
9bridge, shall be made. The expense of such alteration shall be borne by the railroad
10company.
AB150, s. 5114
11Section
5114. 192.327 (3) of the statutes is amended to read: