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5086. 191.09 of the statutes is repealed and recreated to read: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:
AB150,1709,1412
192.327
(3) The
office department shall make and enforce reasonable rules
13relating to motor vehicles used to transport workers to and from their places of
14employment or during the course of their employment.
AB150, s. 5115
15Section
5115. 192.327 (4) of the statutes is repealed.
AB150, s. 5116
16Section
5116. 192.327 (5) of the statutes is repealed.
AB150, s. 5117
17Section
5117. 192.327 (6) of the statutes is amended to read:
AB150,1709,2118
192.327
(6) The
office department may, in enforcing the rules, inspect any
19motor vehicle used to transport workers to and from their places of employment or
20during the course of their employment.
Upon request of the office, the department
21shall direct its traffic officers to assist the office in those inspections.
AB150, s. 5118
22Section
5118. 192.327 (7) of the statutes is amended to read:
AB150,1710,223
192.327
(7) Whenever the
office department finds that a motor vehicle used to
24transport workers to and from their places of employment or during the course of
25their employment violates any provision of the rules, the
office department shall
1make, enter and serve upon the owner of the motor vehicle such order as may be
2necessary to protect the safety of workers transported in the motor vehicle.
AB150, s. 5119
3Section
5119. 192.33 (5) of the statutes is amended to read:
AB150,1710,64
192.33
(5) The maintenance of cattle guards may be omitted by the railroad
5company with the written consent of the
office department specifying the particular
6crossings.
AB150, s. 5120
7Section
5120. 192.34 of the statutes is amended to read:
AB150,1710,15
8192.34 Fences; complaint of insufficient; hearing; order. Upon
9complaint by the owner or occupant of any land contiguous to the right-of-way of any
10railroad that the railroad company operating such line has failed to construct or keep
11in good repair such fences as the law requires along its right-of-way opposite to such
12land, the
office division of hearings and appeals shall proceed thereon in the manner
13provided in
s. 195.04 ch. 227. If it shall appear that the complaint is well founded
14the
office division of hearings and appeals may order and direct the railroad company
15to repair such fences so that the same shall be sufficient or to construct legal fences.
AB150, s. 5121
16Section
5121. 192.47 of the statutes is amended to read:
AB150,1711,9
17192.47 Railroad police; oath; powers. Any railway company may, at its own
18expense, appoint and employ railroad police officers at the stations or other places
19on the line of its road within this state as it deems necessary for the protection of its
20property and the preservation of order on its premises and in and about its cars,
21depots, depot grounds, yards, buildings or other structures. Each police officer shall
22take an oath to support the constitution of the United States and claiming to be a
23citizen of the United States and shall file it with the
office department. Each police
24officer shall, when on duty, wear a shield furnished by the company bearing the
25words "Railroad Police" and the name of the company. These police officers may
1arrest, with or without warrant, any person who in their presence commits upon the
2premises of the company or in or about its cars, depots, depot grounds, yards,
3buildings or other structures any offense against the laws of this state or the
4ordinances of any town, city or village, and shall also have the authority of sheriffs
5in regard to the arrest or apprehension of these offenders in or about the premises
6or appurtenances. In case of the arrest, by a railroad police officer, of any person
7without warrant the officer shall immediately take the offender before a judge
8having jurisdiction and make complaint against the offender. Every railway
9company shall be responsible for the acts of its police officers.
AB150, s. 5122
10Section
5122. 192.52 (3) of the statutes is amended to read:
AB150,1711,1711
192.52
(3) No railroad company operating in this state shall remove its shops
12from the place where the same are now located to any other point within or without
13this state or permanently close any shops in this state without first having secured
14the consent and permission of the office an order for such removal
from the division
15of hearings and appeals, after due notice and public hearing, and in all other respects
16as provided for hearings in ch.
195 227. The
office division of hearings and appeals 17shall render its decision within 30 days after such hearing.
AB150, s. 5123
18Section
5123. 192.52 (4) of the statutes is amended to read:
AB150,1711,2319
192.52
(4) No railroad company operating in this state shall remove or transfer
20its terminals or permanently close any terminals in this state without
the permission
21or consent of the office an order for such removal, transfer or closing from the division
22of hearings and appeals after due hearing had on the matter, in compliance with ch.
23195 227.
AB150, s. 5124
24Section
5124. 192.52 (5) of the statutes is amended to read:
AB150,1712,10
1192.52
(5) Before any railroad company operating in this state shall make any
2removal or transfer of shops or terminals or abandons the same, it shall file notice
3of intention so to do with the
office division of hearings and appeals, and the
office 4division of hearings and appeals shall have the power to investigate whether such
5proposed removal, transfer or abandonment, as the case may be, is in the public
6interest and is not unreasonable or unfair as to the employes of such railroad
7company. No such removal or transfer shall be made during such investigation, or
8thereafter, if the
office division of hearings and appeals finds such removal, transfer
9or abandonment is not in the public interest or is unreasonable or unfair as to the
10employes of such railroad.
AB150, s. 5125
11Section
5125. 192.53 (4) of the statutes is amended to read:
AB150,1712,2112
192.53
(4) Upon finding that any such structure will not imperil life or limb,
13and that the public interest requires or permits such structure to be constructed or
14reconstructed otherwise than as permitted by the foregoing provisions of this section,
15the
office department may exempt such structure from such provision. Such findings
16shall be made only upon written application, setting forth fully the grounds therefor
17and shall be made only after public hearing, and the findings and order granting
18exemption shall be in writing and shall contain complete provisions and
19requirements as to the horizontal clearance to be maintained in such construction
20or reconstruction. Such structure shall be constructed or reconstructed only in
21compliance with such order.
AB150, s. 5126
22Section
5126. 192.53 (5) of the statutes is amended to read:
AB150,1713,923
192.53
(5) Except as hereinbefore provided in this section and subject to the
24power of the
office department to make exceptions hereto in a manner similar to the
25power given it in sub. (4), no railroad or shipper shall after May 28, 1943, place or
1construct, within 8 feet 6 inches of the center line of any railroad track, any retaining
2walls, fences, signs, stand pipes, conveyors, or any other like obstruction, except
3railroad bridges, switch stands, mail cranes, coal, ice and water stations, intertrack
4fences and signals and other necessary interlocking mechanisms, or permit, within
58 feet 6 inches of the center line of any railroad track, the accumulation of any
6rubbish, waste or material of any sort, except material used for repair or construction
7work by such railroad company. The intent of this subsection is to afford proper
8clearance between railroad cars and obstructions and to promote the safety of
9railroad employes in switching cars.
AB150, s. 5127
10Section
5127. 192.53 (6) of the statutes is amended to read:
AB150,1713,1411
192.53
(6) Any railroad or shipper to which this section applies, who violates
12any provision of this section or who fails, neglects or refuses to obey any lawful order
13made by the
office department under this section, shall be fined not more than $100
14or imprisoned for not more than 60 days or both.
AB150, s. 5128
15Section
5128. 192.55 (5) of the statutes is repealed.
AB150, s. 5129
16Section
5129. 192.56 (1) of the statutes is amended to read:
AB150,1713,2117
192.56
(1) It is unlawful for any railroad company owning or operating any
18railroad in whole or in part in this state, to abandon any station in any town, village
19or city on its line of railroad, within this state, or to remove the depot therefrom, or
20to withdraw agency service therefrom, without first obtaining from the
office division
21of hearings and appeals an order authorizing such action.
AB150, s. 5130
22Section
5130. 192.56 (2) of the statutes is amended to read:
AB150,1714,423
192.56
(2) At a station where agency service is provided the application to the
24office division of hearings and appeals for such authorizing order shall set forth the
25facts showing the necessity for such action by the railroad company, and if the
office
1division of hearings and appeals finds that the application is sufficient
2presumptively to justify the order prayed for, it shall enter an order fixing the time
3and place of hearing on the application, which time shall not be less than 20 days
4after the posting provided for in sub. (3).