LRB-1288/2
RNK:kg:km
2001 - 2002 LEGISLATURE
February 20, 2001 - Introduced by Senators Breske, Cowles, Decker, Baumgart
and Schultz, cosponsored by Representatives Wade, Ryba, Kestell,
Gunderson, Johnsrud, Gronemus, Townsend, Kreuser, Albers, Olsen,
Pettis, Nass, Lippert, Kreibich, Kaufert, Petrowski, Sykora and Vrakas.
Referred to Committee on Insurance, Tourism, and Transportation.
SB58,1,9
1An Act to repeal 350.137 (3), 350.138 (8) (a) and 350.1395 (1) (a);
to renumber
2and amend 350.138 (4), 350.138 (5), 350.138 (8) (b) and 350.1395 (2) (b);
to
3amend 350.137 (1), 350.137 (2) (a), 350.138 (2), 350.138 (3), 350.138 (6),
4350.138 (9), 350.139 (1) (a), 350.139 (3), 350.139 (4) (intro.), 350.139 (4) (a),
5350.139 (4) (b), 350.139 (5), 350.1395 (title), 350.1395 (2) (a), 350.1395 (3) and
6350.1395 (4) (b); and
to create 195.03 (30), 195.307, 350.138 (2m), 350.138 (4)
7(a) 1., 2., 3. and 4., 350.138 (4) (b), 350.138 (4) (c), 350.138 (4) (d), 350.138 (4)
8(e), 350.138 (5) (b), 350.138 (5) (c), 350.1395 (2) (b) 2. and 350.1395 (2) (b) 3. of
9the statutes;
relating to: the regulation of snowmobile rail crossings.
Analysis by the Legislative Reference Bureau
Current law regulates snowmobile rail crossings (crossings) that are not
located on highways or streets. Under that law, only a snowmobile organization may
construct a crossing. Current law defines a "snowmobile organization" as a
snowmobile club, a snowmobile alliance, or a county. In order to construct a crossing,
the snowmobile organization must obtain a permit from the department of natural
resources (DNR). Current law also regulates established crossings which are
defined as crossings that have been used by snowmobiles for at least five winters of
the last ten years. This bill makes changes to certain procedures and requirements
under current law that apply to snowmobile organizations and to rail authorities
that construct or maintain crossings. Those changes include the following:
1. Under current law, DNR must promulgate rules to establish uniform
maintenance standards and uniform design and construction standards for
crossings after consulting with the snowmobile recreational council. Under this bill,
DNR must instead consult with an established snowmobile association that
represents snowmobile clubs and with the office of the commissioner of railroads.
2. The bill requires each rail authority that has rail lines in this state to
designate an agent who is authorized on behalf of the rail authority to receive copies
of crossing permit applications filed with DNR and requires DNR to send copies of
crossing permit applications to the designated agents of the applicable rail
authorities.
3. Current law requires DNR to approve or deny a crossing permit application
within 60 days after receipt and provides that DNR may deny the application only
if DNR determines that the proposed crossing does not comply with rules
promulgated by DNR. The bill provides that DNR must approve the application
within 90 days of sending a copy of the application to the rail authority's designated
agent, if certain conditions are met. The conditions require, among other things, that
the permit applicant contact the rail authority to discuss the advisability and
feasibility of the proposed crossing, that the application comply with certain rules
promulgated by DNR and that the rail authority not object to the application. The
bill establishes a hearing procedure that applies if the rail authority does object to
the application. The bill requires that the office of the commissioner of railroads give
testimony at such a hearing addressing certain issues, including whether the
proposed rail crossing could pose a substantial danger to public safety.
4. Under current law, DNR may charge an initial application fee not to exceed
$150. The bill requires that in addition to this fee an applicant who receives a permit
must pay the rail authority $1,500 to compensate the rail authority for the cost of
construction and to pay for the use of the crossing by snowmobile operators.
5. Under current law, a snowmobile organization must maintain liability
insurance to indemnify the applicable rail authority for damages resulting from the
design, construction, or maintenance of a crossing for which there is a permit. Under
the bill, the insurance must also indemnify the rail authority for damages resulting
from the existence or use of the crossing. The bill also provides that the snowmobile
organization need not maintain the insurance to indemnify the rail authority for
injuries sustained by a person engaged in a recreational activity if the rail authority
would be immune from liability for those injuries under current law.
6. Under current law, the initial term for a crossing permit is 11 years. The
permit may be renewed for additional periods of time not to exceed 11 years per
renewal. This bill eliminates the term limit for a crossing permit.
7. Under current law, only DNR is authorized to inspect an established
snowmobile rail crossing to determine whether the snowmobile organization is
maintaining the crossing in conformance with rules promulgated by DNR and is
maintaining required liability insurance. This bill authorizes the office of the
commissioner of railroads to also conduct such an inspection.
8. The bill specifies which portion of a crossing for which a permit is issued that
the rail authority must construct and which portion of an established crossing that
a snowmobile organization must maintain.
9. Current law provides that a rail authority may not close or remove a
snowmobile crossing that is subject to permit unless the rail authority first petitions
DNR for an order authorizing the rail authority to close or remove the crossing. This
bill provides that a rail authority may close or remove a crossing, whether or not the
crossing is subject to a permit, if the authority enters into an agreement with the
snowmobile organization to close or remove the crossing. The bill also authorizes a
rail authority to petition DNR to close or remove a crossing without first obtaining
an agreement from the snowmobile organization.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB58, s. 1
1Section
1. 195.03 (30) of the statutes is created to read:
SB58,3,42
195.03
(30) Hearings. (a) The office shall give testimony at the hearing under
3s. 350.138 (4) (b), or shall submit a written report for introduction into the hearing
4record, on the factors stated in s. 350.138 (4) (d) 1., 2., 3., and 4.
SB58,3,85
(b) The office shall give the department of natural resources the office's opinion
6on whether the snowmobile crossing should be closed or removed in testimony at the
7hearing under s. 350.1395 (2) (b) 2. or in a written report for introduction into the
8hearing record.
SB58, s. 2
9Section
2. 195.307 of the statutes is created to read:
SB58,3,12
10195.307 Snowmobile rail crossings. Sections 195.28, 195.285, 195.286, and
11195.29 do not apply to snowmobile rail crossings for which a permit is issued under
12s. 350.138.
SB58, s. 3
13Section
3. 350.137 (1) of the statutes is amended to read:
SB58,4,8
1350.137
(1) The department, after having consulted with
the snowmobile
2recreational council each rail authority, as defined in s. 350.138 (1) (b), in this state,
3that has furnished the department with the information required under s. 350.138
4(2m), an established snowmobile association that represents snowmobile clubs, as
5defined in s. 350.138 (1) (e), in this state, and the office of the commissioner of
6railroads, shall promulgate rules to establish uniform maintenance standards and
7uniform design and construction standards for snowmobile rail crossings under ss.
8350.138 and 350.139.
SB58, s. 4
9Section
4. 350.137 (2) (a) of the statutes is amended to read:
SB58,4,1310
350.137
(2) (a) Preclude the use of a proposed site for a snowmobile rail crossing
11because the site would be unsafe due to poor visibility of
the proposed snowmobile
12rail crossing from the cab of a railroad engine an approaching train from the position
13of a snowmobile operator who is stopped on the approach to the proposed crossing.
SB58, s. 5
14Section
5. 350.137 (3) of the statutes is repealed.
SB58, s. 6
15Section
6. 350.138 (2) of the statutes is amended to read:
SB58,4,2516
350.138
(2) Permit required. No person may construct a snowmobile rail
17crossing that is not located on a railroad crossing of a
public highway or street unless
18the person is a snowmobile organization and has a permit
approved issued under this
19section. No person may maintain a snowmobile rail crossing that is not located on
20a railroad crossing of a
public highway or street unless the person is a snowmobile
21organization and either the person has a permit
approved issued under this section
22or the snowmobile rail crossing is an established snowmobile rail crossing. In order
23to obtain a permit required under this section, a snowmobile organization shall apply
24to the department. A separate permit is required for each snowmobile rail crossing
25subject to this section.
SB58, s. 7
1Section
7. 350.138 (2m) of the statutes is created to read:
SB58,5,82
350.138
(2m) Designation of agents. Each rail authority with rail lines in this
3state shall furnish the department with the name and address of an agent who is
4authorized on behalf of the rail authority to receive copies of snowmobile crossing
5permit applications filed with the department. A rail authority that has rail lines
6in this state on the effective date of this subsection .... [revisor inserts date], shall
7furnish this information to the department within 30 days of the effective date of this
8subsection .... [revisor inserts date].
SB58, s. 8
9Section
8. 350.138 (3) of the statutes is amended to read:
SB58,5,2110
350.138
(3) Contents of
Procedures for permit application. An application
11submitted under sub. (2) shall include adequate descriptions and drawings showing
12the proposed location of the snowmobile rail crossing, the design of the snowmobile
13rail crossing
, and the location of snowmobile trails that connect with the snowmobile
14rail crossing.
The department shall, upon receipt of an application submitted under
15sub. (2), send a copy of the application to the agent designated under sub. (2m) for
16the applicable rail authority and shall, immediately thereafter, send notice to the
17applicant that a copy of the application was sent to the designated agent. The notice
18to the applicant must include the name and address of the designated agent to whom
19the department sent a copy of the application. The department may reject an
20application within 15 days after it is submitted if the application is incomplete or is
21not sufficiently detailed to determine whether to approve or deny the application.
SB58, s. 9
22Section
9. 350.138 (4) of the statutes is renumbered 350.138 (4) (a) (intro.) and
23amended to read:
SB58,6,524
350.138
(4) (a) (intro.)
The Except as provided under par. (d), the department
25shall approve
or deny an application submitted under sub. (2)
within 60 days after
1receiving a complete and sufficiently detailed application. The department may
2deny an application only within 90 days after sending a copy of the application to the
3rail authority's designated agent under sub. (3) if the department determines that
4the proposed snowmobile rail crossing does not comply with the rules promulgated
5under s. 350.137. all of the following conditions have been met:
SB58, s. 10
6Section
10. 350.138 (4) (a) 1., 2., 3. and 4. of the statutes are created to read:
SB58,6,107
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.
SB58,6,1211
2. The applicant furnished the department with a copy of the written offer
12provided to the applicable rail authority under subd. 1.
SB58,6,1613
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.
SB58,6,1717
4. The application complies with the rules promulgated under s. 350.137.
SB58, s. 11
18Section
11. 350.138 (4) (b) of the statutes is created to read:
SB58,6,2219
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:
SB58,6,2523
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.
SB58,7,1
12. A statement of the basis for the rail authority's objection.
SB58, s. 12
2Section
12. 350.138 (4) (c) of the statutes is created to read:
SB58,7,73
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.
SB58, s. 13
8Section
13. 350.138 (4) (d) of the statutes is created to read:
SB58,7,139
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:
SB58,7,1514
1. Whether the proposed snowmobile rail crossing could pose a substantial
15danger to public safety.
SB58,7,1716
2. Whether a snowmobile rail crossing that is located near the proposed
17snowmobile rail crossing provides an adequate crossing for snowmobiles.
SB58,7,1918
3. Whether the proposed snowmobile rail crossing would have a substantial
19adverse effect on railroad operations.
SB58,7,2120
4. Whether the proposed snowmobile rail crossing conforms with the
21requirements of the rules promulgated under s. 350.137.
SB58, s. 14
22Section
14. 350.138 (4) (e) of the statutes is created to read:
SB58,7,2523
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.
SB58, s. 15
1Section
15. 350.138 (5) of the statutes is renumbered 350.138 (5) (a) and
2amended to read:
SB58,8,83
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.
SB58, s. 16
9Section
16. 350.138 (5) (b) of the statutes is created to read:
SB58,8,1410
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.
SB58, s. 17
15Section
17. 350.138 (5) (c) of the statutes is created to read:
SB58,8,1916
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.
SB58, s. 18
20Section
18. 350.138 (6) of the statutes is amended to read:
SB58,9,1621
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.
SB58, s. 19
17Section
19. 350.138 (8) (a) of the statutes is repealed.
SB58, s. 20
18Section
20. 350.138 (8) (b) of the statutes is renumbered 350.138 (8) and
19amended to read:
SB58,9,2520
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.
SB58, s. 21
4Section
21. 350.138 (9) of the statutes is amended to read:
SB58,10,95
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).
SB58, s. 22
10Section
22. 350.139 (1) (a) of the statutes is amended to read:
SB58,10,1311
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.
SB58, s. 23
14Section
23. 350.139 (3) of the statutes is amended to read:
SB58,10,1815
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.