SB44, s. 2162
24Section
2162. 191.17 of the statutes is amended to read:
SB44,865,10
1191.17 Public safety; investigation; approval of plans. Upon receiving
2the specification required by s. 191.16, the
office
department shall examine the same
3and shall hear the applicant in support thereof, shall suggest and require
4modifications of the specification if the public safety so demands, eliminating so far
5as may be practicable, consistent with reasonable cost, all grade crossings of public
6highways, shall inspect the route of the proposed railroad if deemed desirable, and
7shall otherwise investigate and determine that the proposed construction will be
8adequate for securing public safety in the operation of the railroad, and thereupon
9the
office department shall enter an order approving the specification and
10authorizing the construction of the railroad in accordance therewith.
SB44, s. 2163
11Section
2163. 191.19 (1) of the statutes is amended to read:
SB44,865,1912
191.19
(1) Upon the completion of the construction of any railroad under the
13approved specification, the company shall, before operating the same for public
14service, report to the
office department; and the
office department shall inspect the
15work. If the
office department finds that the railroad has been constructed in
16accordance with the approved specification and is otherwise suitable and properly
17constructed so as to secure public safety in the operation thereof, the
office 18department shall enter an order authorizing its operation, which order shall be
19presumptive evidence of the sufficiency of such construction.
SB44, s. 2164
20Section
2164. 191.19 (3) of the statutes is amended to read:
SB44,866,221
191.19
(3) If upon inspection the
office department shall deem that public
22safety requires the installation, operation and maintenance of some protective
23appliance at any grade crossing of railroad tracks the
office department may, before
24granting the order, after notice and hearing, require the installation, operation and
25maintenance of suitable protective appliances, and shall apportion the expense of
1constructing, maintaining and operating such protective appliances among the
2owners of the tracks.
SB44, s. 2165
3Section
2165. 191.20 of the statutes is amended to read:
SB44,866,14
4191.20 Railroad routes; right to alter. Every railroad company may, by the
5vote of two-thirds of its directors, alter or change the route of its railroad, by making
6and filing with the
office of the commissioner of railroads department and the
7department of financial institutions and also by recording in the office of the register
8of deeds of the county or counties where the alteration or change is to be made, a
9surveyed map and certificate of the alteration or change. The alteration or change
10may not deviate from the original route for a greater distance than one mile at any
11point. No city or village may be left off the railroad by the change of route. The
12original end points of the railroad, or the route in any city or village, shall not be
13changed without the approval of the
office of the commissioner of railroads 14department of transportation after notice to the municipality.
SB44, s. 2166
15Section
2166. 191.21 of the statutes is amended to read:
SB44,866,19
16191.21 Notices in counties without newspapers. If no newspaper is
17published in any county in which a railroad is proposed to be located, the publications
18required by this chapter may be made in such manner and at such places as the
office 19department shall designate.
SB44, s. 2167
20Section
2167. 192.001 (1r) of the statutes is created to read:
SB44,866,2221
192.001
(1r) "Division of hearings and appeals" means the division of hearings
22and appeals in the department of administration.
SB44, s. 2168
23Section
2168. 192.001 (2) of the statutes is repealed.
SB44, s. 2169
24Section
2169. 192.14 (10) of the statutes is amended to read:
SB44,867,6
1192.14
(10) If in any particular case any temporary exemption from any
2requirement of this section is deemed necessary by a carrier, the
office department 3shall consider the application of the carrier for temporary exemption and may grant
4the exemption when accompanied by a full statement of the conditions existing and
5the reasons for the exemption. Any exemption so granted will be limited to the
6particular case specified and shall be limited to a stated period of time.
SB44, s. 2170
7Section
2170. 192.14 (12) of the statutes is amended to read:
SB44,867,98
192.14
(12) The
office department may after public hearing make rules and
9establish the standards deemed necessary to carry out the purposes of this section.
SB44, s. 2171
10Section
2171. 192.15 (14) of the statutes is amended to read:
SB44,867,1611
192.15
(14) If in any particular case any exemption from any requirement of
12this section is deemed necessary by a carrier, the
office department shall consider the
13application of the carrier for exemption and may grant the exemption when
14accompanied by a full statement of the conditions existing and the reasons for the
15exemption. Any exemption so granted shall be limited to the particular case specified
16and shall be limited to a stated period of time.
SB44, s. 2172
17Section
2172. 192.25 (3) (a) of the statutes is amended to read:
SB44,867,2018
192.25
(3) (a) The
office department, by rule, may grant an exception to sub.
19(2) if the
office department determines that the exception will not endanger the life
20or property of any person.
SB44, s. 2173
21Section
2173. 192.27 (1) of the statutes is amended to read:
SB44,868,522
192.27
(1) When the track of a railway corporation crosses the track of any
23other railway corporation at grade, or when their tracks and right-of-way are
24adjacent, except in counties having a population of at least 150,000, the corporations
25shall, within 60 days after a written request of the
office department or the council
1or board of the city, town or village within which the tracks so cross or are adjacent,
2make a track connection within such town, city or village to afford reasonable and
3proper facilities for the interchange of traffic between their respective lines for
4forwarding and delivering freight, and the expense thereof shall be borne equally by
5those corporations, unless otherwise ordered by the
office department.
SB44, s. 2174
6Section
2174. 192.29 (1) of the statutes is amended to read:
SB44,869,127
192.29
(1) Setting maximum speed. Upon petition to the
office department by
8the governing body of any city or village or by any railroad corporation alleging that
9any railroad crossing of one or more public highways or streets in the city or village
10is dangerous to human life and that public safety requires a designation of the
11maximum speed of a train over such crossing or crossings, or that an order previously
12made by the
office department or, prior to the effective date of this subsection ....
13[revisor inserts date], by the office of the commissioner of transportation under ch.
14195, 1991 stats., or the office of the commissioner of railroads under ch. 195, 2001
15stats., should be modified, the
office department shall give notice to the parties in
16interest and order a hearing thereon in the manner provided
by s. 195.04 under ch.
17227. If after the hearing the
office shall determine department determines that the
18crossing or crossings described in the petition are dangerous to human life, it may
19by order determine what maximum speed of a train over the crossing is reasonably
20required by public safety and is consistent with the public need for adequate and
21expeditious passenger and freight service by railroad, having due regard for other
22orders entered by the
office department, or, prior to the effective date of this
23subsection .... [revisor inserts date], by the office of the commissioner of
24transportation or the office of the commissioner of railroads, and to practical railroad
25operating conditions. Where the
office department has designated the maximum
1speed of any train or trains over such crossing or crossings,
or, prior to the effective
2date of this subsection .... [revisor inserts date], the office of the commissioner of
3transportation or the office of the commissioner of railroads has designated the
4maximum speed of any train or trains over such crossing or crossings and the
5designation remains unmodified by the department, the rate of speed shall be the
6lawful maximum speed at which any train affected by the order can be operated over
7the public highway or street crossing, until changed by subsequent order of the
office 8department. Every railroad corporation violating any order entered under this
9subsection shall for every violation forfeit not less than $10 nor more than $100. The
10jurisdiction over train speeds hereby vested in the
office department shall be
11exclusive, but any order entered by the
office department hereunder shall be subject
12to judicial review in the manner provided by ch. 227.
SB44, s. 2175
13Section
2175. 192.29 (2) of the statutes is amended to read:
SB44,869,1614
192.29
(2) Arterial stop signs. In any proceeding under sub. (1) or under s.
15195.28, the
office department may by order require that the state or municipality
16install at any crossing involved in such proceeding an official stop sign.
SB44, s. 2176
17Section
2176. 192.29 (4) of the statutes is amended to read:
SB44,869,2418
192.29
(4) Highways, whistle, horn, bell. No railroad train or locomotive shall
19run over any public traveled grade highway crossing outside of the limits of
20municipalities unless the whistle or horn shall be blown 1,320 feet from such crossing
21and the engine bell rung continuously from thence until the crossing be reached. But
22the
office department may order that the ringing of the bell or the blowing of the
23whistle, or horn, or both, as required by this subsection shall be omitted at any
24crossing.
SB44, s. 2177
25Section
2177. 192.29 (5) of the statutes is amended to read:
SB44,870,7
1192.29
(5) Danger
Warning signs. Wherever its track crosses a public highway
2or street, every railroad corporation shall maintain on each side of the track and near
3such crossing a
large signboard with the following inscription, painted in large
4letters: "Railroad Crossing," in such manner as to be visible to approaching traffic
5on the highway or street at least 100 feet distant railroad crossing sign. The sign
6shall be constructed and erected as provided in the manual adopted by the
7department under s. 84.02 (4) (e).
SB44, s. 2178
8Section
2178. 192.31 (1) of the statutes is amended to read:
SB44,870,179
192.31
(1) Every railroad corporation shall maintain suitable telltales
10wherever any overhead structure or any part thereof is less than 23 feet above the
11top of rail; except that if the
office department finds that the installation of a telltale
12at any particular place would be impracticable or would result in an increased
13hazard to either the public or an employee and that either or both such factors
14outweigh the safety benefit which would result from the installation of a telltale, the
15office department may enter an order providing an exemption from this section. The
16exemption shall be ordered by the
office department only after public hearing under
17sub. (4).
SB44, s. 2179
18Section
2179. 192.31 (2) of the statutes is amended to read:
SB44,870,2019
192.31
(2) The
office department may determine the materials for and the
20construction and placing of such telltales.
SB44, s. 2180
21Section
2180. 192.31 (4) of the statutes is amended to read:
SB44,871,522
192.31
(4) Upon finding that any such structure will not imperil life or limb,
23and that the public interest requires or permits such structure to be constructed or
24reconstructed otherwise than as permitted by sub. (3), the
office department may
25exempt such structure from such provision. Such findings shall be made only upon
1written application, setting forth fully the grounds therefor and shall be made only
2after public hearing. The findings and order granting exemption shall be in writing
3and contain complete provisions and requirements as to the vertical clearance to be
4maintained in such construction or reconstruction. Such structure shall be
5constructed or reconstructed only in compliance with such order.
SB44, s. 2181
6Section
2181. 192.31 (5) of the statutes is amended to read:
SB44,871,117
192.31
(5) Prior to July 1, in each year every corporation operating a railroad
8within the state shall file with the
office department a verified statement showing
9the location of every such bridge or other structure over any of its tracks at a height
10of less than 23 feet above the top of rail, together with a statement showing whether
11or not the provisions of this section have been fully complied with.
SB44, s. 2182
12Section
2182. 192.324 of the statutes is amended to read:
SB44,872,2
13192.324 Railroad bridges to be safe for employees. Whenever a complaint
14is lodged with the
office department by any person to the effect that a railroad bridge
15because of its style of construction does not have walks or railings and for that reason
16is dangerous to the life and limb of railroad employees and the safety of such
17employees requires the alteration so as to provide for such walks and railings of such
18bridge, the
office department shall give notice to the party in interest, other than the
19complainant, of the filing of the complaint and furnish such party with a copy thereof,
20and order a hearing thereon
, in the manner provided for hearings in s. 195.31. The
21office under s. 85.013 (3) and ch. 227 by the division of hearings and appeals. The
22department may proceed in a similar manner in the absence of a complaint when,
23in the opinion of the
office department, the safety of railroad employees requires the
24alteration of a railroad bridge. After the hearing, the
office division of hearings and
1appeals shall determine what alteration, if any, of such bridge, shall be made. The
2expense of such alteration shall be borne by the railroad company.
SB44, s. 2183
3Section
2183. 192.327 (3) of the statutes is amended to read:
SB44,872,64
192.327
(3) The
office department shall make and enforce reasonable rules
5relating to motor vehicles used to transport workers to and from their places of
6employment or during the course of their employment.
SB44, s. 2184
7Section
2184. 192.327 (4) of the statutes is repealed.
SB44, s. 2185
8Section
2185. 192.327 (5) of the statutes is repealed.
SB44, s. 2186
9Section
2186. 192.327 (6) of the statutes is amended to read:
SB44,872,1310
192.327
(6) The
office department may, in enforcing the rules, inspect any
11motor vehicle used to transport workers to and from their places of employment or
12during the course of their employment.
Upon request of the office, the department
13shall direct its traffic officers to assist the office in those inspections.
SB44, s. 2187
14Section
2187. 192.327 (7) of the statutes is amended to read:
SB44,872,1915
192.327
(7) Whenever the
office department finds that a motor vehicle used to
16transport workers to and from their places of employment or during the course of
17their employment violates any provision of the rules, the
office department shall
18make, enter and serve upon the owner of the motor vehicle such order as may be
19necessary to protect the safety of workers transported in the motor vehicle.
SB44, s. 2188
20Section
2188. 192.33 (5) of the statutes is amended to read:
SB44,872,2321
192.33
(5) The maintenance of cattle guards may be omitted by the railroad
22company with the written consent of the
office department specifying the particular
23crossings.
SB44, s. 2189
24Section
2189. 192.34 of the statutes is amended to read:
SB44,873,10
1192.34 Fences; complaint of insufficient; hearing; order. Upon
2complaint
to the division of hearings and appeals by the owner or occupant of any
3land contiguous to the right-of-way of any railroad that the railroad company
4operating the line has failed to construct or keep in good repair fences along its
5right-of-way opposite to the complainant's land as required under s. 192.33, the
6office division of hearings and appeals shall proceed on the complaint in the manner
7provided
in s. 195.04 under ch. 227. If it shall appear that the complaint is well
8founded, the
office division of hearings and appeals may order and direct the railroad
9company to repair the complained of fences so that the fences will be sufficient or to
10construct legal fences.
SB44, s. 2190
11Section
2190. 192.47 of the statutes is amended to read:
SB44,874,4
12192.47 Railroad police; oath; powers. Any railway company may, at its own
13expense, appoint and employ railroad police officers at the stations or other places
14on the line of its road within this state as it deems necessary for the protection of its
15property and the preservation of order on its premises and in and about its cars,
16depots, depot grounds, yards, buildings or other structures. Each police officer shall
17take an oath to support the constitution of the United States and claiming to be a
18citizen of the United States and shall file it with the
office department. Each police
19officer shall, when on duty, wear a shield furnished by the company bearing the
20words "Railroad Police" and the name of the company. These police officers may
21arrest, with or without warrant, any person who in their presence commits upon the
22premises of the company or in or about its cars, depots, depot grounds, yards,
23buildings or other structures any offense against the laws of this state or the
24ordinances of any town, city or village, and shall also have the authority of sheriffs
25in regard to the arrest or apprehension of these offenders in or about the premises
1or appurtenances. In case of the arrest, by a railroad police officer, of any person
2without warrant the officer shall immediately take the offender before a judge
3having jurisdiction and make complaint against the offender. Every railway
4company shall be responsible for the acts of its police officers.
SB44, s. 2191
5Section
2191. 192.52 (3) of the statutes is amended to read:
SB44,874,126
192.52
(3) No railroad company operating in this state shall remove its shops
7from the place where the same are now located to any other point within or without
8this state or permanently close any shops in this state without first having secured
9the consent and permission of the office an order for such removal
from the division
10of hearings and appeals, after due notice and public hearing, and in all other respects
11as provided for hearings in ch.
195 227. The
office division of hearings and appeals 12shall render its decision within 30 days after such hearing.
SB44, s. 2192
13Section
2192. 192.52 (4) of the statutes is amended to read:
SB44,874,1814
192.52
(4) No railroad company operating in this state shall remove or transfer
15its terminals or permanently close any terminals in this state without
the permission
16or consent of the office an order for such removal, transfer or closing from the division
17of hearings and appeals after due hearing had on the matter, in compliance with ch.
18195 227.
SB44, s. 2193
19Section
2193. 192.52 (5) of the statutes is amended to read:
SB44,875,420
192.52
(5) Before any railroad company operating in this state shall make any
21removal or transfer of shops or terminals or abandons the same, it shall file notice
22of intention so to do with the
office division of hearings and appeals, and the
office 23division of hearings and appeals shall have the power to investigate whether such
24proposed removal, transfer or abandonment, as the case may be, is in the public
25interest and is not unreasonable or unfair as to the employees of such railroad
1company. No such removal or transfer shall be made during such investigation, or
2thereafter, if the
office division of hearings and appeals finds such removal, transfer
3or abandonment is not in the public interest or is unreasonable or unfair as to the
4employees of such railroad.
SB44, s. 2194
5Section
2194. 192.53 (4) (a) of the statutes is amended to read:
SB44,875,106
192.53
(4) (a) Upon finding that any structure that is subject to the provisions
7of this section will not imperil life or limb, and that the public interest requires or
8permits the structure to be constructed or reconstructed otherwise than as permitted
9by the provisions of this section, the
office department may exempt the structure
10from the provisions of this section.
SB44, s. 2195
11Section
2195. 192.53 (4) (b) of the statutes is amended to read:
SB44,875,1912
192.53
(4) (b) The
office department shall make the findings described in par.
13(a) only upon written application to it to exempt the construction or reconstruction
14of a structure from the requirements of this section, setting forth fully the grounds
15therefor, and only after public hearing. The
office's
department's findings and order
16granting the exemption shall be in writing and shall contain complete provisions and
17requirements as to the horizontal clearance to be maintained in the construction or
18reconstruction. The structure shall be constructed or reconstructed only in
19compliance with the
office's department's order.
SB44, s. 2196
20Section
2196. 192.53 (5) (a) (intro.) of the statutes is amended to read:
SB44,875,2421
192.53
(5) (a) (intro.) Except as otherwise provided in this section and subject
22to the power of the
office department to make exceptions to this section in a manner
23similar to the power given it in sub. (4), no railroad or shipper may do any of the
24following:
SB44, s. 2197
25Section
2197. 192.53 (6) of the statutes is amended to read:
SB44,876,4
1192.53
(6) Any railroad or shipper to which this section applies, who violates
2any provision of this section or who fails, neglects or refuses to obey any lawful order
3made by the
office department under this section, shall be fined not more than $100
4or imprisoned for not more than 60 days or both.
SB44, s. 2198
5Section
2198. 192.55 (5) of the statutes is repealed.
SB44, s. 2199
6Section
2199. 192.56 (1) of the statutes is amended to read:
SB44,876,117
192.56
(1) It is unlawful for any railroad company owning or operating any
8railroad in whole or in part in this state, to abandon any station in any town, village
9or city on its line of railroad, within this state, or to remove the depot therefrom, or
10to withdraw agency service therefrom, without first obtaining from the
office division
11of hearings and appeals an order authorizing such action.
SB44, s. 2200
12Section
2200. 192.56 (2) of the statutes is amended to read:
SB44,876,1913
192.56
(2) At a station where agency service is provided the application to the
14office division of hearings and appeals for such authorizing order shall set forth the
15facts showing the necessity for such action by the railroad company, and if the
office 16division of hearings and appeals finds that the application is sufficient
17presumptively to justify the order prayed for, it shall enter an order fixing the time
18and place of hearing on the application, which time shall not be less than 20 days
19after the posting provided for in sub. (3).
SB44, s. 2201
20Section
2201. 192.56 (3) of the statutes is amended to read:
SB44,876,2321
192.56
(3) Notice of the time and place of the hearing and of the purpose thereof
22shall be given, by the
office division of hearings and appeals, by posting the notice
23in 5 conspicuous places in the town or village.
SB44, s. 2202
24Section
2202. 192.56 (5) of the statutes is amended to read:
SB44,877,4
1192.56
(5) The hearing shall be held as other hearings before the
office division
2of hearings and appeals are held as far as applicable. The
office division of hearings
3and appeals may dismiss the application or may grant it in whole or in part and under
4such conditions as it may deem equitable.
SB44, s. 2203
5Section
2203. 192.56 (6) of the statutes is amended to read:
SB44,877,176
192.56
(6) At a station where no agency service is provided, the application to
7the
office division of hearings and appeals for such authorizing order shall set forth
8the facts showing the necessity for such action by the railroad company. Notice of
9proposed removal or abandonment shall be given by the
office division of hearings
10and appeals by posting notice in 5 conspicuous places in the town or village
11concerned; and if within 20 days after the posting of notice no objections in writing
12are filed with the
office division of hearings and appeals by persons directly affected,
13an order authorizing the abandonment of the station may be issued by the
office 14division of hearings and appeals. If such objections to the granting of the order are
15filed with the
office division of hearings and appeals, the
office division of hearings
16and appeals shall proceed to hold a hearing in the matter as provided in subs. (4) and
17(5).
SB44, s. 2204
18Section
2204. 194.51 of the statutes is amended to read:
SB44,878,6
19194.51 Suit to recover protested tax. No suit shall be maintained in any
20court to restrain or delay the collection or payment of the taxes levied in this chapter.
21The aggrieved taxpayer shall pay the tax as and when due, and, if paid under protest,
22may at any time within 90 days from the date of such payment, sue the state in an
23action at law to recover the tax so paid. If it is finally determined that said tax, or
24any part thereof, was wrongfully collected for any reason, it shall be the duty of the
25department secretary of administration to
issue a warrant on the state treasurer for
1pay out of the transportation fund the amount of such tax so adjudged to have been
2wrongfully collected
, and the treasurer shall pay the same out of the transportation
3fund. A separate suit need not be filed for each separate payment made by any
4taxpayer, but a recovery may be had in one suit for as many payments as may have
5been made within any 90-day period preceding the commencement of such an action.
6Such suits shall be commenced as provided in s. 775.01.
SB44, s. 2205
7Section
2205. 195.001 (1r) of the statutes is created to read:
SB44,878,98
195.001
(1r) "Division of hearings and appeals" means the division of hearings
9and appeals in the department of administration.
SB44, s. 2206
10Section
2206. 195.001 (2) of the statutes is repealed.
SB44, s. 2207
11Section
2207. 195.001 (3) of the statutes is created to read:
SB44,878,1212
195.001
(3) "Secretary" means the secretary of transportation.
SB44, s. 2208
13Section
2208. 195.03 (title) of the statutes is amended to read:
SB44,878,15
14195.03 (title)
Office Department; powers and duties, general
15enumeration.