SB44, s. 2233
7Section
2233. 195.044 of the statutes is repealed.
SB44, s. 2234
8Section
2234. 195.045 of the statutes is repealed.
SB44, s. 2235
9Section
2235. 195.046 of the statutes is repealed.
SB44, s. 2236
10Section
2236. 195.047 of the statutes is repealed.
SB44, s. 2237
11Section
2237. 195.05 of the statutes is repealed.
SB44, s. 2238
12Section
2238. 195.055 of the statutes is amended to read:
SB44,882,14
13195.055 Judicial review. All orders and determinations of the
office 14department under this chapter are subject to judicial review under ch. 227.
SB44, s. 2239
15Section
2239. 195.06 of the statutes is repealed.
SB44, s. 2240
16Section
2240. 195.07 (1) of the statutes is repealed.
SB44, s. 2241
17Section
2241. 195.07 (2) of the statutes is amended to read:
SB44,882,2218
195.07
(2) Attorney general and district attorney to prosecute. Upon
19request of the
office department, the attorney general or the district attorney of the
20proper county shall aid in any investigation, hearing or trial had under, and shall
21institute and prosecute all necessary actions or proceedings for the enforcement of,
22laws relating to railroads.
SB44, s. 2242
23Section
2242. 195.08 of the statutes is repealed.
SB44, s. 2243
24Section
2243. 195.09 of the statutes is repealed.
SB44, s. 2244
25Section
2244. 195.10 of the statutes is repealed.
SB44, s. 2252
8Section
2252. 195.19 (1) of the statutes is amended to read:
SB44,883,199
195.19
(1) Passenger. Every railroad shall provide and maintain adequate
10passenger depots equipped with proper toilet facilities at its regular stations for the
11accommodation of passengers, and said depots shall be kept clean, well-lighted and
12warmed, for the comfort and accommodation of the traveling public, and shall be kept
13open continuously from not less than 20 minutes before any train carrying
14passengers is scheduled to arrive and until such train has departed and for such
15longer period in any case as the
office department may determine is necessary for the
16convenience and accommodation of the public. Where the
office department 17determines that the service of certain trains in making stops on signals is in excess
18of reasonably adequate service, the provisions of this section shall not apply in
19connection with the rendition of such service.
SB44, s. 2253
20Section
2253. 195.19 (3) of the statutes is amended to read:
SB44,884,821
195.19
(3) Union depot. In every city, village or town in which 2 or more
22railroads maintain passenger depots, it shall be the duty of such railroads to
23construct, maintain and use an adequate union passenger depot, whenever practical
24and required by public convenience and necessity. If, after investigation, the
office 25department shall determine that it is practicable and that public convenience and
1necessity required the construction, maintenance and use of a union passenger depot
2in any such city, village or town the
office department may order such railroads to
3construct, maintain and use an adequate union passenger depot, and shall in such
4order fix the location of such depot. If the railroads shall be unable to agree upon an
5apportionment of the original cost of such union passenger depot, and the expense
6of maintaining the same, within 20 days after the service of such order, the
office 7department may, after a hearing, issue a supplemental order declaring the
8apportionment of such original cost and the expense of maintaining such depot.
SB44, s. 2254
9Section
2254. 195.20 of the statutes is amended to read:
SB44,884,19
10195.20 Joint use of railroad property. Whenever, upon complaint and after
11hearing had, the
office department finds that
public convenience and necessity
12require the use by one or more railroads of the tracks, wires, poles, rights-of-way,
13switches, bridges or other property belonging to another railroad over or on any
14street, railroad, railway, right-of-way, bridge or viaduct, upon or over which said
15railroads have a right to operate,
and that such use will not prevent the owners or
16other users thereof from performing their public duties, nor result in irreparable
17injury to such owners or other users thereof, the
office department may, by order,
18direct that such use be permitted, and prescribe a reasonable compensation and
19reasonable terms and conditions for such joint use.
SB44, s. 2255
20Section
2255. 195.21 of the statutes is amended to read:
SB44,885,11
21195.21 Warehouses. Any person proposing to erect or maintain a public
22elevator or public warehouse for the purchase, sale, storage, receiving or shipping of
23grain, or other personal property, to be received from or transported upon any
24railroad, shall be furnished by such railroad at a reasonable rental, a site upon its
25right-of-way or depot grounds, within the yard limits of any station or terminal of
1such railroad; and any private elevator or warehouse situated upon such grounds
2may be converted into a public elevator or warehouse at the option of the owner, upon
3notice in writing to the railroad and thereby be permitted to remain thereon under
4the same conditions as provided herein for a public elevator or warehouse; and the
5office department shall, upon application by such owner, if the public interest so
6requires, by order, direct the railroad to furnish such site and the
office department 7shall make reasonable regulations therefor and in case of disagreement, the
office 8department shall determine the rental therefor. Elevators and warehouses erected
9or maintained under the foregoing provisions of this section shall be subject to such
10rules and regulations as to charges and the manner of conducting business as the
11office department shall prescribe.
SB44, s. 2256
12Section
2256. 195.26 of the statutes is amended to read:
SB44,885,19
13195.26 Safety devices; block system. Every railroad shall adopt reasonably
14adequate safety measures and install, operate and maintain reasonably adequate
15safety devices for the protection of life and property. If after investigation the
office 16department shall determine that public safety requires it, the
office department may
17order the railroad to install, operate and maintain a block system or other safety
18device or measure as may be necessary to render the operation of such railroad
19reasonably safe.
SB44, s. 2257
20Section
2257. 195.27 of the statutes is amended to read:
SB44,886,3
21195.27 Safe tracks and bridges. Every railroad shall construct and
22maintain its tracks, bridges and line structures in a reasonably adequate and safe
23manner.
The office may direct the department to investigate complaints in the
24manner provided by s. 195.04. If, upon
complaint or upon its own motion and after 25hearing,
the office the department determines that the track or structures of any
1railroad are inadequate or unsafe for the operation of its railroad, the
office
2department shall order the railroad to reconstruct or repair the inadequate or unsafe
3track or structures.
SB44, s. 2258
4Section
2258. 195.28 (1) of the statutes is amended to read:
SB44,887,85
195.28
(1) Petition; hearing; order. Upon petition of
the department, city a
6city council, village board, town board, superintendent of highways or by 5 or more
7electors in any town, village or city, or of any railroad corporation or railroad
8historical society, to determine whether a public highway and railroad grade crossing
9protects and promotes public safety,
or upon its own motion, the
office department 10may investigate and issue an appropriate order without a public hearing.
The
11department shall issue its order on the basis of investigation and criteria
12promulgated by rule with respect to the adequacy of grade crossing protection. The
13rule may include programming criteria relating to the priority of grade crossings in
14need of protection. If the petitioner, railroad, railroad historical society or any
15interested party objects to the order
and requests a hearing within 20 days after the
16date that the order is issued, the
office shall proceed under s. 195.04. Notice of an
17investigation or hearing shall be served upon the department, which shall be an
18interested party, and any recommendation it may file with the office at or prior to a
19hearing, if there is one, regarding crossing protection shall be considered as evidence
20in the proceeding department shall refer the order to the division of hearings and
21appeals for review as provided in s. 195.325. The
office department or the division
22of hearings and appeals shall determine whether the existing warning devices at
23such crossing are adequate to protect and promote public safety. If the
office 24department or division of hearings and appeals determines
, either without or after
25a hearing, that
protection any such warning device is not adequate, it may order the
1railroad company or railroad historical society to keep a flagman at the crossing or
2to install automatic signals or other suitable safety device at specific locations at
3such crossing. The
office department or the division of hearings and appeals may
4order the relocation of existing signals and devices to improve protection at a
5crossing. Any crossing
protection warning device installed or maintained as
6approved by the
office department or the division of hearings and appeals, whether
7by order or otherwise, shall be deemed adequate and appropriate protection for the
8crossing.
SB44, s. 2259
9Section
2259. 195.28 (3) of the statutes is amended to read:
SB44,887,2210
195.28
(3) Maintenance costs. Except as otherwise provided in this
11subsection, the cost of maintaining crossing
protection warning devices ordered
12under sub. (1) shall be the responsibility of the railroad or railroad historical society.
13Any railroad company or railroad historical society that incurs expenses for
14maintenance of signals or other safety devices may file a claim for reimbursement
15with the department regardless of the date of installation of the signals or devices.
16At the close of each fiscal year the department shall reimburse claimants under this
17subsection for 50% of the costs, as determined by the
office department, incurred for
18maintenance of railroad crossing
protection warning devices from the
19appropriations under s. 20.395 (2) (gj) and (gq). If the amount in the appropriations
20under s. 20.395 (2) (gj) and (gq) is not adequate to fund maintenance reimbursement
21under this subsection, the amount shall be prorated in the manner determined by
22the
office department.
SB44, s. 2260
23Section
2260. 195.28 (4) of the statutes is amended to read:
SB44,888,3
1195.28
(4) Previous office orders. Subsection (3) applies to maintenance costs
2for all crossing
protection warning devices regardless of any prior order
of the office 3apportioning maintenance costs.
SB44, s. 2261
4Section
2261. 195.285 (1) of the statutes is amended to read:
SB44,888,215
195.285
(1) Upon If, upon its own motion or upon the petition of a railroad
6corporation
, the department, or the governing body of any city, village, town or
7county asserting that the stopping of vehicles under s. 346.45 at a railroad crossing
8is hazardous to human life, the
office shall hold a hearing on the matter as provided
9under s. 195.04. Notice of petition shall be served upon the department, which shall
10be an interested party, and any recommendations it may file with the office regarding
11the hazardous effect of vehicles stopping at such crossings shall be considered as
12evidence in the proceedings. Upon the recommendation of the department and
13concurrence by the office, the petition may be dismissed without holding a hearing.
14If, upon the public hearing, the office department determines that it would be in the
15public interest to exempt vehicles specified in s. 346.45 from stopping at such grade
16crossing, it may
, without a hearing, order the public body having jurisdiction over the
17highway to erect signs, signals, markings or other devices exempting such vehicles
18from stopping at the crossing.
If a petitioner or interested party objects to an order
19under this subsection within 20 days after the date that the order is issued, the
20department shall refer the order to the division of hearings and appeals for review
21as provided in s. 195.325.
SB44, s. 2262
22Section
2262. 195.285 (2) of the statutes is amended to read:
SB44,889,223
195.285
(2) Signs placed upon the order of the
office department or the division
24of hearings and appeals under this section shall exempt vehicles from stopping as
1required under s. 346.45, unless a train or engine is occupying or approaching the
2crossing.
SB44, s. 2263
3Section
2263. 195.285 (3) of the statutes is amended to read:
SB44,889,84
195.285
(3) The department shall establish standards for the type of signs,
5signals, markings or other devices for exempting vehicles from stopping as required
6under s. 346.45 and their location in relation to the highway and railroad track. The
7office department may upon petition or its own motion, with or without a hearing,
8order the removal of a sign exempting vehicles from stopping at a crossing.
SB44, s. 2264
9Section
2264. 195.286 (2) of the statutes is repealed and recreated to read:
SB44,889,1410
195.286
(2) Description and location. The signs shall be constructed, erected
11and located as specified by the manual adopted by the department under s. 84.02 (4)
12(e). This subsection does not apply to any sign complying with s. 195.286 (2) and (3),
132001 stats., on the effective date of this subsection .... [revisor inserts date], until such
14time as the sign is replaced or relocated.
SB44, s. 2265
15Section
2265. 195.286 (3) of the statutes is repealed.
SB44, s. 2266
16Section
2266. 195.286 (5) of the statutes is amended to read:
SB44,889,2017
195.286
(5) Other signs prohibited. No other sign of the general size or
18appearance of the signs provided for in this section shall be placed or permitted upon
19any highway
, nor any sign between such advance signs except signs or signals now
20required by law or permitted by the office for protection at railway crossings.
SB44, s. 2267
21Section
2267. 195.286 (6) (title) of the statutes is amended to read:
SB44,889,2222
195.286
(6) (title)
Penalties relating to fences signs.
SB44, s. 2268
23Section
2268. 195.286 (8) of the statutes is amended to read:
SB44,890,224
195.286
(8) Prosecutions. The district attorney shall prosecute any person
25violating this section, or begin and maintain any civil action necessary for its
1enforcement upon the demand of any county highway commissioner
, or the
2department
, or the office.
SB44, s. 2269
3Section
2269. 195.29 (1) of the statutes is amended to read:
SB44,891,74
195.29
(1) Petition, hearing, Public safety; order. Upon If, upon its own
5motion or upon petition by the common council or board of any city, village, town or
6county within or bordering upon which a highway or street crosses a railroad, or a
7highway or street is proposed to be laid out across a railroad, or a public highway
8bridge across a railroad is required to connect existing streets or highways, or upon
9petition by any railroad whose track crosses or is about to cross, or is crossed or about
10to be crossed by a street or highway, or
upon petition by the department, in cases
11where provision has been made for the improvement of the highway adjacent to such
12crossing under any state aid or federal aid law,
the department determines that
13public safety requires an alteration in such crossing, its approaches, the method of
14crossing, the location of the highway or crossing, or the closing of the crossing, and
15the substitution of another therefor at grade or not at grade, or the removal of
16obstructions to the view at such crossing, the relocation of the highway, or requires
17the determination of the manner of making such new crossing, or of making the
18proposed improvement or promoting the public safety or public convenience through
19any other reasonable method,
and praying that the same may be ordered, the office
20shall give notice to the parties in interest and proceed to investigate the same and
21to order a hearing thereon in the manner provided by s. 195.04. The office shall
22determine the department may issue an appropriate order without a public hearing.
23The department shall make its determination on the basis of investigation and the
24criteria relating to the requirements of public safety promulgated under sub. (9). The
25order shall state what, if anything, shall be done to promote the public safety and the
1means by which it shall be accomplished, whether by the relocation of the highway,
2the alteration in such crossing, approaches, mode of crossing, location of highway
3crossing, closing of highway crossing, with or without the substitution of another
4therefor, the construction of a public highway bridge, the removal of obstructions to
5sight at crossing, or by the use of other reasonable methods, and by whom the same
6shall be made, and in case of new crossings the advisability of allowing such crossings
7to be established and manner of making them.
SB44, s. 2270
8Section
2270. 195.29 (2) of the statutes is amended to read:
SB44,891,179
195.29
(2) Apportionment of expense. The
office department shall fix the
10proportion of the cost and expense of alterations, removals and new crossings, or any
11other work ordered, including the damages to any person whose land is taken, and
12the special damages which the owner of any land adjoining the public street or
13highway shall sustain by reason of a change in the grade of such street or highway,
14or by reason of the removal of obstructions to view at such crossings, to be paid or
15borne by the railroad companies and the municipalities in interest. In fixing such
16proportion, the
office department may order such cost and expense so apportioned
17to be paid by the parties against which the apportionment shall be made.
SB44, s. 2271
18Section
2271. 195.29 (3) of the statutes is amended to read:
SB44,892,519
195.29
(3) Restoration of spur tracks. Whenever the
office department shall
20have ordered a separation of the grade of a railway from the grade of a street or
21highway, it may, if safe and practicable and if a necessity exists therefor, order the
22alteration, restoration and connection of any track serving an industry. Demand for
23such restoration shall be in writing and filed with the
office department within 90
24days after the date of the order for the separation of grades, and any such track for
25which no such demand shall have been made shall be deemed abandoned. If the
1office department shall order the alteration, restoration and connection of any such
2track, it shall by its order apportion the cost thereof between the owner of the
3industry served and the railway company, in such proportion as to the
office 4department may seem just and equitable; and the
office department shall in its order
5prescribe the terms and conditions for securing the payment of such cost.
SB44, s. 2272
6Section
2272. 195.29 (4) of the statutes is amended to read:
SB44,893,77
195.29
(4) Grade separation in Milwaukee County. The
office department may
8upon petition of any town, city or village, or upon its own motion, when the interests
9of the public demand it and it is found practicable so to do, establish the grade of the
10tracks of any railroad, or of all the railroads throughout any county having a
11population of 500,000 or more, or any part thereof, and the grades of the streets or
12highways, or any of them, where they cross such railroad track or tracks, in
13anticipation of the future separation of grades of the railroad tracks from the grades
14of such streets or highways. The
office department, before making any such order,
15shall mail notice to the railroad company or companies affected, the owners or
16occupants of any building abutting on that part of the railroad the grade of which is
17to be established, all 1st class cities in the county, and if the grades to be established
18are outside the 1st class city, the towns, cities or villages in which such grades are
19to be established, of the filing of such petition or that the
office department 20contemplates establishing such grades, and fixing a time at which the 1st class cities
21and such other towns, cities or villages and the railroad company or companies
22affected thereby and any other person or corporation interested therein may be
23heard. The grades so established under this subsection shall be described by
24reference to a base or datum line to be established by the
office department, from
25which all elevations and the height of all grades shall be measured, and the grades
1so established shall be such that when brought to the established grade the railroad
2tracks will cross the streets and highways above or below the same. Such order shall
3not necessarily require a present change in grade but the
office department may at
4any time order the railroad track or tracks and the street and highways brought to
5the grade established or any street or highways closed by the order, in accordance
6with sub. (1), and may, at the time of making the order, apportion the cost of
7separating the grades as provided in sub. (2).
SB44, s. 2273
8Section
2273. 195.29 (5) of the statutes is amended to read:
SB44,894,39
195.29
(5) Elimination of grade crossings, costs. Upon If, upon its own motion
10or upon petition of the
department, or of the common council or board of any city,
11village, town or county, alleging that one or more of them have undertaken or propose
12to undertake to relocate or improve an existing highway or to construct a new
13highway in such manner as to eliminate a highway grade crossing with any railroad
14or so as to permanently divert a material portion of the highway traffic from a
15highway grade crossing with any railroad, the
office shall issue notice of
16investigation and hearing, as provided in s. 195.04. If upon such hearing the office 17department finds that the public safety will be promoted by the highway relocation,
18improvement or new construction, the
office department shall order the old crossings
19closed and new crossings opened as are deemed necessary for public safety.
The
20department may issue an appropriate order without a public hearing. The order
21shall require the railroad company or companies to pay to the interested
22municipality or municipalities such sum as the
office
department finds to be an
23equitable portion of the cost of the highway relocation, improvement or new
24construction, if the work is performed by the municipalities; or to the state treasurer
25if the work is performed by the state; or to the proper county treasurer if the work
1is performed by the county. The sum shall be added to the joint fund available for
2the improvement and may be expended in like manner as the other portions of the
3fund.
SB44, s. 2274
4Section
2274
. 195.29 (5) of the statutes, as affected by 2003 Wisconsin .... (this
5act), is amended to read:
SB44,894,236
195.29
(5) Elimination of grade crossings, costs. If, upon its own motion or
7upon petition of the common council or board of any city, village, town
, or county,
8alleging that one or more of them have undertaken or propose to undertake to
9relocate or improve an existing highway or to construct a new highway in such
10manner as to eliminate a highway grade crossing with any railroad or so as to
11permanently divert a material portion of the highway traffic from a highway grade
12crossing with any railroad, the department finds that the public safety will be
13promoted by the highway relocation, improvement
, or new construction, the
14department shall order the old crossings closed and new crossings opened as are
15deemed necessary for public safety. The department may issue an appropriate order
16without a public hearing. The order shall require the railroad company or companies
17to pay to the interested municipality or municipalities such sum as the department
18finds to be an equitable portion of the cost of the highway relocation, improvement
, 19or new construction, if the work is performed by the municipalities; or to the
state
20treasurer secretary of administration if the work is performed by the state; or to the
21proper county treasurer if the work is performed by the county. The sum shall be
22added to the joint fund available for the improvement and may be expended in like
23manner as the other portions of the fund.
SB44, s. 2275
24Section
2275. 195.29 (6) of the statutes is amended to read:
SB44,895,25
1195.29
(6) View at crossings; trees and brush near crossings; forfeiture.
2Every railroad shall keep its right-of-way clear of brush or trees for a distance of not
3less than 330 feet in each direction from the center of its intersection at grade with
4any public highway, and for such further distance as is necessary to provide an
5adequate view of approaching trains, from the highway. Every municipality shall
6keep the public highways within its jurisdiction clear of brush and shall adequately
7trim all trees within 330 feet of the center of any railroad highway grade crossing.
8Every person or corporation owning or occupying any land adjacent to any railroad
9highway grade crossing shall keep all brush cut and adequately trim all trees on the
10land within the triangles bounded on 2 sides by the railway and the highway, and on
11the 3rd side by a line connecting points on the center lines of the railway and the
12highway, 330 feet from the intersection of the center lines. The
office department,
13upon its own motion, or upon any complaint to the effect that any work required by
14this subsection has not been performed, after due notice and hearing, may order the
15corporation, municipality or person at fault to perform the work; provided, however,
16that if the physical conditions at any crossing are such that the performance of the
17required work will not materially improve the view for highway traffic, or, if
18unreasonable loss would be caused thereby, the
office
department may excuse the
19party in interest from performing the same. The
office department may also order
20the cutting of brush and the trimming of trees at private farm crossings as may be
21necessary and reasonable. If any person shall violate any provision of this section,
22or shall fail, neglect or refuse to obey any order made by the
office department under
23this section, or any judgment
, order, or decree made by
the division of hearings and
24appeals or any court upon such an order, for every such violation, failure or refusal
25such person shall forfeit not less than $25 nor more than $150.
SB44, s. 2276
1Section
2276. 195.29 (7) of the statutes is amended to read:
SB44,896,52
195.29
(7) Structure requirements. Whenever the
office department shall
3order the construction or reconstruction of a crossing not at grade, it may direct that
4the structure required shall be of such character and constructed of such materials
5as it shall deem appropriate to the situation and necessary for the public interest.
SB44, s. 2277
6Section
2277. 195.29 (9) of the statutes is created to read:
SB44,896,107
195.29
(9) Rules. The department shall promulgate a rule establishing criteria
8for determining the requirements of public safety with respect to railroad highway
9crossings under this section. The rule shall include criteria for apportioning
10expenses under this section.
SB44, s. 2278
11Section
2278. 195.29 (10) of the statutes is created to read:
SB44,896,1512
195.29
(10) Review of department orders. If a petitioner, railroad or any
13interested party objects to an order under this section within 20 days after the date
14that the order is issued, the department shall refer the order to the division of
15hearings and appeals for review as provided in s. 195.325.
SB44, s. 2279
16Section
2279. 195.295 of the statutes is created to read:
SB44,897,7
17195.295 Highway crossings; public warning. Notwithstanding ss. 195.28,
18195.285, 195.286, 195.29, and 195.30, the department shall monitor and investigate
19all railroad highway grade crossings in this state, and determine, by order, rule or
20otherwise, for each crossing whether any warning devices, advance warning signs
21or other warning measures shall be required to protect and promote public safety.
22The department may make a determination under this section without a hearing.
23Any device, sign, or other measure, installed or maintained at a crossing, that
24conforms to a determination of the department under this section or, if no such
25determination has been made, that was approved by the office of the commissioner
1of transportation under ch. 195, 1991 stats., or the office of the commissioner of
2railroads under ch. 195, 2001 stats., before the effective date of this section ....
3[revisor inserts date], whether by order or otherwise, shall be considered adequate
4and appropriate warning for the crossing. If a railroad or interested party objects
5to an order under this section within 20 days after the date that the order is issued,
6the department shall refer the order to the division of hearings and appeals for
7review as provided in s. 195.325.
SB44, s. 2280
8Section
2280. 195.30 (1) of the statutes is amended to read:
SB44,898,29
195.30
(1) Upon a petition by the common council of any city, or the board of
10any village, town or county within which a railroad crosses another railroad at grade,
11or by any such railroad, that public safety requires an alteration in the crossing or
12the installation of protective appliances,
the office shall give notice to the parties in
13interest, and proceed to investigate the same and may order a hearing on the matter.
14The office shall determine what alteration in such crossing, if any, shall or on its own
15motion, the department may investigate the matter and determine what alteration
16in the crossing, if any, is necessary. The department shall make its determination
17on the basis of the criteria for public safety requirements promulgated as rules under
18ss. 84.05 and 195.28. The department may issue an order, with or without a hearing,
19specifying an alteration to be made, and by whom made and maintained, or what
20protective appliances shall be installed, operated and maintained at the crossing and
21by whom installed, operated and maintained. The
office department's order shall fix
22the proportion of the cost and expense of such change in grade and maintenance of
23the crossing or of the installation, operation and maintenance of the safety appliance
24which shall be paid by the railroad companies, respectively.
If an interested party
25objects to the order and requests a hearing within 20 days after the date on which
1the order is issued, the department shall refer the matter to the division of hearings
2and appeals for review as provided in s. 195.325.
SB44, s. 2281
3Section
2281. 195.305 of the statutes is amended to read:
SB44,898,11
4195.305 Railroad crossings; grade; expense. Whenever a railroad
5proposes to cross, intersect, join or unite its track with another railroad track, the
6surface road of the proposed track shall be above, below or at grade of the tracks
7proposed to be crossed as the
office division of hearings and appeals determines after
8hearing the parties upon reasonable notice. In its determination, the
office division
9of hearings and appeals shall fix the proportion of the expense of originally
10constructing, operating, and maintaining such crossing, intersecting, joining or
11uniting which shall be paid by the owners of the tracks respectively.
SB44, s. 2282
12Section
2282. 195.31 of the statutes is amended to read:
SB44,899,21
13195.31 Bridges made safe. Whenever a complaint is lodged with the
office 14department by the common council of any city, the village board of any village, a
15member of a town board, or a supervisor of highways, or by 5 or more electors and
16taxpayers in any town, or 5 or more electors of the county in which such bridge is
17located, and who are users of such bridge or railway, to the effect that a bridge erected
18over a stream intersecting a public highway or highways upon which a railway is
19constructed and operated, is unsafe and dangerous to travelers over such highway
20or highways or bridge or railroad, and that public safety requires the alteration, the
21repair or reconstruction of such bridge, or the substitution of another bridge therefor,
22it shall be the duty of the office to give notice to the party or parties in interest, other
23than the petitioners, of the filing of such complaint, and to furnish a copy of the
24complaint to the party or parties in interest other than the petitioners, and to order
25a hearing thereon, in the manner provided for hearings in ss. 195.04 to 195.043. The
1office the department shall investigate the matter. The department may proceed in
2a similar manner in the absence of a petition when, in the opinion of the
office 3department, public safety requires the alteration, repair or reconstruction of a bridge
4or the substitution of another bridge for the bridge in question.
After the hearing,
5the office The department shall determine what alteration or repair or
6reconstruction of such bridge, and the approaches thereto, shall be made, or if it
shall
7determine determines that public safety requires the substitution of a new bridge,
8it shall determine the character, manner of construction and location of such bridge
9and the approaches thereto. The
office department shall fix the proportion of the cost
10and expense of such alteration, repair, reconstruction or substitution of a new bridge,
11including the damage to any person whose land is taken, and the special damage
12which the owner of any land adjoining the approaches to said bridge shall sustain
13by reason of the alteration, repair, reconstruction or substitution of a new bridge, to
14be paid by the railroad company and the city, village or town in interest.
The
15department may issue appropriate orders incorporating its determinations and may
16proceed without a hearing on the matter. The department shall make its
17determinations on the basis of investigation and criteria for bridge safety
18promulgated by rule. If a petitioner or interested party objects to an order under this
19section within 20 days after the date that the order is issued, the department shall
20refer the order to the division of hearings and appeals for review as provided in s.
21195.325.
SB44, s. 2283
22Section
2283. 195.32 of the statutes is amended to read:
SB44,900,14
23195.32 Safety gates on drawbridges. Whenever a complaint is filed with
24the
office department to the effect that any drawbridge is not equipped with gates
25or other safety devices, the
office department may notify the proper party or parties
1in interest of the complaint, and may proceed to investigate the
complaint and to hold
2a hearing on the matter in the manner provided for hearings in ss. 195.04 to 195.043 3matter. If after the investigation the
office department determines that public safety
4requires the erection and maintenance of gates or other safety devices at the points
5mentioned in the complaint, it may order the county, city, village, town, corporation
6or person whose duty it is to maintain such bridge to erect and maintain at such
7points such gates or other safety devices as the
office department prescribes. The
8office department may conduct the investigations, hold the hearings and make the
9orders provided for in this section upon its own motion in the same manner and with
10the same effect as though a complaint were filed.
The department shall make its
11determination on the basis of the investigation and criteria for drawbridge safety
12promulgated by rule. If an interested party objects to an order under this section
13within 20 days after the date that the order is issued, the department shall refer the
14order to the division of hearings and appeals for review as provided in s. 195.325.
SB44, s. 2284
15Section
2284. 195.325 of the statutes is created to read:
SB44,900,21
16195.325 Review of department orders on crossings and bridges. If an
17order of the department under s. 84.05, 195.28, 195.285, 195.29, 195.295, 195.30,
18195.31, or 195.32 is referred to the division of hearings and appeals for review, the
19division of hearings and appeals shall review the order under s. 85.013 (3) in light
20of the application of the criteria relating to the matter promulgated as rules by the
21department.
SB44, s. 2285
22Section
2285. 195.33 of the statutes is repealed.
SB44, s. 2286
23Section
2286. 195.34 of the statutes is amended to read: