SB44: Bill Text

SB44, s. 2236 Section 2236. 195.047 of the statutes is repealed.

SB44, s. 2237 Section 2237. 195.05 of the statutes is repealed.

SB44, s. 2238 Section 2238. 195.055 of the statutes is amended to read:

SB44,882,14 195.055 Judicial review. All orders and determinations of the office department under this chapter are subject to judicial review under ch. 227.

SB44, s. 2239 Section 2239. 195.06 of the statutes is repealed.

SB44, s. 2240 Section 2240. 195.07 (1) of the statutes is repealed.

SB44, s. 2241 Section 2241. 195.07 (2) of the statutes is amended to read:

SB44,882,22 195.07 (2) Attorney general and district attorney to prosecute. Upon request of the office department, the attorney general or the district attorney of the proper county shall aid in any investigation, hearing or trial had under, and shall institute and prosecute all necessary actions or proceedings for the enforcement of, laws relating to railroads.

SB44, s. 2242 Section 2242. 195.08 of the statutes is repealed.

SB44, s. 2243 Section 2243. 195.09 of the statutes is repealed.

SB44, s. 2244 Section 2244. 195.10 of the statutes is repealed.

SB44, s. 2245 Section 2245. 195.11 of the statutes is repealed.

SB44, s. 2246 Section 2246. 195.12 of the statutes is repealed.

SB44, s. 2247 Section 2247. 195.13 of the statutes is repealed.

SB44, s. 2248 Section 2248. 195.14 of the statutes is repealed.

SB44, s. 2249 Section 2249. 195.15 of the statutes is repealed.

SB44, s. 2250 Section 2250. 195.16 of the statutes is repealed.

SB44, s. 2251 Section 2251. 195.17 of the statutes is repealed.

SB44, s. 2252 Section 2252. 195.19 (1) of the statutes is amended to read:

SB44,883,19 195.19 (1) Passenger. Every railroad shall provide and maintain adequate passenger depots equipped with proper toilet facilities at its regular stations for the accommodation of passengers, and said depots shall be kept clean, well-lighted and warmed, for the comfort and accommodation of the traveling public, and shall be kept open continuously from not less than 20 minutes before any train carrying passengers is scheduled to arrive and until such train has departed and for such longer period in any case as the office department may determine is necessary for the convenience and accommodation of the public. Where the office department determines that the service of certain trains in making stops on signals is in excess of reasonably adequate service, the provisions of this section shall not apply in connection with the rendition of such service.

SB44, s. 2253 Section 2253. 195.19 (3) of the statutes is amended to read:

SB44,884,8 195.19 (3) Union depot. In every city, village or town in which 2 or more railroads maintain passenger depots, it shall be the duty of such railroads to construct, maintain and use an adequate union passenger depot, whenever practical and required by public convenience and necessity. If, after investigation, the office department shall determine that it is practicable and that public convenience and necessity required the construction, maintenance and use of a union passenger depot in any such city, village or town the office department may order such railroads to construct, maintain and use an adequate union passenger depot, and shall in such order fix the location of such depot. If the railroads shall be unable to agree upon an apportionment of the original cost of such union passenger depot, and the expense of maintaining the same, within 20 days after the service of such order, the office department may, after a hearing, issue a supplemental order declaring the apportionment of such original cost and the expense of maintaining such depot.

SB44, s. 2254 Section 2254. 195.20 of the statutes is amended to read:

SB44,884,19 195.20 Joint use of railroad property. Whenever, upon complaint and after hearing had, the office department finds that public convenience and necessity require the use by one or more railroads of the tracks, wires, poles, rights-of-way, switches, bridges or other property belonging to another railroad over or on any street, railroad, railway, right-of-way, bridge or viaduct, upon or over which said railroads have a right to operate, and that such use will not prevent the owners or other users thereof from performing their public duties, nor result in irreparable injury to such owners or other users thereof, the office department may, by order, direct that such use be permitted, and prescribe a reasonable compensation and reasonable terms and conditions for such joint use.

SB44, s. 2255 Section 2255. 195.21 of the statutes is amended to read:

SB44,885,11 195.21 Warehouses. Any person proposing to erect or maintain a public elevator or public warehouse for the purchase, sale, storage, receiving or shipping of grain, or other personal property, to be received from or transported upon any railroad, shall be furnished by such railroad at a reasonable rental, a site upon its right-of-way or depot grounds, within the yard limits of any station or terminal of such railroad; and any private elevator or warehouse situated upon such grounds may be converted into a public elevator or warehouse at the option of the owner, upon notice in writing to the railroad and thereby be permitted to remain thereon under the same conditions as provided herein for a public elevator or warehouse; and the office department shall, upon application by such owner, if the public interest so requires, by order, direct the railroad to furnish such site and the office department shall make reasonable regulations therefor and in case of disagreement, the office department shall determine the rental therefor. Elevators and warehouses erected or maintained under the foregoing provisions of this section shall be subject to such rules and regulations as to charges and the manner of conducting business as the office department shall prescribe.

SB44, s. 2256 Section 2256. 195.26 of the statutes is amended to read:

SB44,885,19 195.26 Safety devices; block system. Every railroad shall adopt reasonably adequate safety measures and install, operate and maintain reasonably adequate safety devices for the protection of life and property. If after investigation the office department shall determine that public safety requires it, the office department may order the railroad to install, operate and maintain a block system or other safety device or measure as may be necessary to render the operation of such railroad reasonably safe.

SB44, s. 2257 Section 2257. 195.27 of the statutes is amended to read:

SB44,886,3 195.27 Safe tracks and bridges. Every railroad shall construct and maintain its tracks, bridges and line structures in a reasonably adequate and safe manner. The office may direct the department to investigate complaints in the manner provided by s. 195.04. If, upon complaint or upon its own motion and after hearing, the office the department determines that the track or structures of any railroad are inadequate or unsafe for the operation of its railroad, the office department shall order the railroad to reconstruct or repair the inadequate or unsafe track or structures.

SB44, s. 2258 Section 2258. 195.28 (1) of the statutes is amended to read:

SB44,887,8 195.28 (1) Petition; hearing; order. Upon petition of the department, city a city council, village board, town board, superintendent of highways or by 5 or more electors in any town, village or city, or of any railroad corporation or railroad historical society, to determine whether a public highway and railroad grade crossing protects and promotes public safety, or upon its own motion, the office department may investigate and issue an appropriate order without a public hearing. The department shall issue its order on the basis of investigation and criteria promulgated by rule with respect to the adequacy of grade crossing protection. The rule may include programming criteria relating to the priority of grade crossings in need of protection. If the petitioner, railroad, railroad historical society or any interested party objects to the order and requests a hearing within 20 days after the date that the order is issued, the office shall proceed under s. 195.04. Notice of an investigation or hearing shall be served upon the department, which shall be an interested party, and any recommendation it may file with the office at or prior to a hearing, if there is one, regarding crossing protection shall be considered as evidence in the proceeding department shall refer the order to the division of hearings and appeals for review as provided in s. 195.325. The office department or the division of hearings and appeals shall determine whether the existing warning devices at such crossing are adequate to protect and promote public safety. If the office department or division of hearings and appeals determines, either without or after a hearing, that protection any such warning device is not adequate, it may order the railroad company or railroad historical society to keep a flagman at the crossing or to install automatic signals or other suitable safety device at specific locations at such crossing. The office department or the division of hearings and appeals may order the relocation of existing signals and devices to improve protection at a crossing. Any crossing protection warning device installed or maintained as approved by the office department or the division of hearings and appeals, whether by order or otherwise, shall be deemed adequate and appropriate protection for the crossing.

SB44, s. 2259 Section 2259. 195.28 (3) of the statutes is amended to read:

SB44,887,22 195.28 (3) Maintenance costs. Except as otherwise provided in this subsection, the cost of maintaining crossing protection warning devices ordered under sub. (1) shall be the responsibility of the railroad or railroad historical society. Any railroad company or railroad historical society that incurs expenses for maintenance of signals or other safety devices may file a claim for reimbursement with the department regardless of the date of installation of the signals or devices. At the close of each fiscal year the department shall reimburse claimants under this subsection for 50% of the costs, as determined by the office department, incurred for maintenance of railroad crossing protection warning devices from the appropriations under s. 20.395 (2) (gj) and (gq). If the amount in the appropriations under s. 20.395 (2) (gj) and (gq) is not adequate to fund maintenance reimbursement under this subsection, the amount shall be prorated in the manner determined by the office department.

SB44, s. 2260 Section 2260. 195.28 (4) of the statutes is amended to read:

SB44,888,3 195.28 (4) Previous office orders. Subsection (3) applies to maintenance costs for all crossing protection warning devices regardless of any prior order of the office apportioning maintenance costs.

SB44, s. 2261 Section 2261. 195.285 (1) of the statutes is amended to read:

SB44,888,21 195.285 (1) Upon If, upon its own motion or upon the petition of a railroad corporation, the department, or the governing body of any city, village, town or county asserting that the stopping of vehicles under s. 346.45 at a railroad crossing is hazardous to human life, the office shall hold a hearing on the matter as provided under s. 195.04. Notice of petition shall be served upon the department, which shall be an interested party, and any recommendations it may file with the office regarding the hazardous effect of vehicles stopping at such crossings shall be considered as evidence in the proceedings. Upon the recommendation of the department and concurrence by the office, the petition may be dismissed without holding a hearing. If, upon the public hearing, the office department determines that it would be in the public interest to exempt vehicles specified in s. 346.45 from stopping at such grade crossing, it may, without a hearing, order the public body having jurisdiction over the highway to erect signs, signals, markings or other devices exempting such vehicles from stopping at the crossing. If a petitioner or interested party objects to an order under this subsection within 20 days after the date that the order is issued, the department shall refer the order to the division of hearings and appeals for review as provided in s. 195.325.

SB44, s. 2262 Section 2262. 195.285 (2) of the statutes is amended to read:

SB44,889,2 195.285 (2) Signs placed upon the order of the office department or the division of hearings and appeals under this section shall exempt vehicles from stopping as required under s. 346.45, unless a train or engine is occupying or approaching the crossing.

SB44, s. 2263 Section 2263. 195.285 (3) of the statutes is amended to read:

SB44,889,8 195.285 (3) The department shall establish standards for the type of signs, signals, markings or other devices for exempting vehicles from stopping as required under s. 346.45 and their location in relation to the highway and railroad track. The office department may upon petition or its own motion, with or without a hearing, order the removal of a sign exempting vehicles from stopping at a crossing.

SB44, s. 2264 Section 2264. 195.286 (2) of the statutes is repealed and recreated to read:

SB44,889,14 195.286 (2) Description and location. The signs shall be constructed, erected and located as specified by the manual adopted by the department under s. 84.02 (4) (e). This subsection does not apply to any sign complying with s. 195.286 (2) and (3), 2001 stats., on the effective date of this subsection .... [revisor inserts date], until such time as the sign is replaced or relocated.

SB44, s. 2265 Section 2265. 195.286 (3) of the statutes is repealed.

SB44, s. 2266 Section 2266. 195.286 (5) of the statutes is amended to read:

SB44,889,20 195.286 (5) Other signs prohibited. No other sign of the general size or appearance of the signs provided for in this section shall be placed or permitted upon any highway, nor any sign between such advance signs except signs or signals now required by law or permitted by the office for protection at railway crossings.

SB44, s. 2267 Section 2267. 195.286 (6) (title) of the statutes is amended to read:

SB44,889,22 195.286 (6) (title) Penalties relating to fences signs.

SB44, s. 2268 Section 2268. 195.286 (8) of the statutes is amended to read:

SB44,890,2 195.286 (8) Prosecutions. The district attorney shall prosecute any person violating this section, or begin and maintain any civil action necessary for its enforcement upon the demand of any county highway commissioner , or the department, or the office.

SB44, s. 2269 Section 2269. 195.29 (1) of the statutes is amended to read:

SB44,891,7 195.29 (1) Petition, hearing, Public safety; order. Upon If, upon its own motion or upon petition by the common council or board of any city, village, town or county within or bordering upon which a highway or street crosses a railroad, or a highway or street is proposed to be laid out across a railroad, or a public highway bridge across a railroad is required to connect existing streets or highways, or upon petition by any railroad whose track crosses or is about to cross, or is crossed or about to be crossed by a street or highway, or upon petition by the department, in cases where provision has been made for the improvement of the highway adjacent to such crossing under any state aid or federal aid law, the department determines that public safety requires an alteration in such crossing, its approaches, the method of crossing, the location of the highway or crossing, or the closing of the crossing, and the substitution of another therefor at grade or not at grade, or the removal of obstructions to the view at such crossing, the relocation of the highway, or requires the determination of the manner of making such new crossing, or of making the proposed improvement or promoting the public safety or public convenience through any other reasonable method, and praying that the same may be ordered, the office shall give notice to the parties in interest and proceed to investigate the same and to order a hearing thereon in the manner provided by s. 195.04. The office shall determine the department may issue an appropriate order without a public hearing. The department shall make its determination on the basis of investigation and the criteria relating to the requirements of public safety promulgated under sub. (9). The order shall state what, if anything, shall be done to promote the public safety and the means by which it shall be accomplished, whether by the relocation of the highway, the alteration in such crossing, approaches, mode of crossing, location of highway crossing, closing of highway crossing, with or without the substitution of another therefor, the construction of a public highway bridge, the removal of obstructions to sight at crossing, or by the use of other reasonable methods, and by whom the same shall be made, and in case of new crossings the advisability of allowing such crossings to be established and manner of making them.

SB44, s. 2270 Section 2270. 195.29 (2) of the statutes is amended to read:

SB44,891,17 195.29 (2) Apportionment of expense. The office department shall fix the proportion of the cost and expense of alterations, removals and new crossings, or any other work ordered, including the damages to any person whose land is taken, and the special damages which the owner of any land adjoining the public street or highway shall sustain by reason of a change in the grade of such street or highway, or by reason of the removal of obstructions to view at such crossings, to be paid or borne by the railroad companies and the municipalities in interest. In fixing such proportion, the office department may order such cost and expense so apportioned to be paid by the parties against which the apportionment shall be made.

SB44, s. 2271 Section 2271. 195.29 (3) of the statutes is amended to read:

SB44,892,5 195.29 (3) Restoration of spur tracks. Whenever the office department shall have ordered a separation of the grade of a railway from the grade of a street or highway, it may, if safe and practicable and if a necessity exists therefor, order the alteration, restoration and connection of any track serving an industry. Demand for such restoration shall be in writing and filed with the office department within 90 days after the date of the order for the separation of grades, and any such track for which no such demand shall have been made shall be deemed abandoned. If the office department shall order the alteration, restoration and connection of any such track, it shall by its order apportion the cost thereof between the owner of the industry served and the railway company, in such proportion as to the office department may seem just and equitable; and the office department shall in its order prescribe the terms and conditions for securing the payment of such cost.

SB44, s. 2272 Section 2272. 195.29 (4) of the statutes is amended to read:

SB44,893,7 195.29 (4) Grade separation in Milwaukee County. The office department may upon petition of any town, city or village, or upon its own motion, when the interests of the public demand it and it is found practicable so to do, establish the grade of the tracks of any railroad, or of all the railroads throughout any county having a population of 500,000 or more, or any part thereof, and the grades of the streets or highways, or any of them, where they cross such railroad track or tracks, in anticipation of the future separation of grades of the railroad tracks from the grades of such streets or highways. The office department, before making any such order, shall mail notice to the railroad company or companies affected, the owners or occupants of any building abutting on that part of the railroad the grade of which is to be established, all 1st class cities in the county, and if the grades to be established are outside the 1st class city, the towns, cities or villages in which such grades are to be established, of the filing of such petition or that the office department contemplates establishing such grades, and fixing a time at which the 1st class cities and such other towns, cities or villages and the railroad company or companies affected thereby and any other person or corporation interested therein may be heard. The grades so established under this subsection shall be described by reference to a base or datum line to be established by the office department, from which all elevations and the height of all grades shall be measured, and the grades so established shall be such that when brought to the established grade the railroad tracks will cross the streets and highways above or below the same. Such order shall not necessarily require a present change in grade but the office department may at any time order the railroad track or tracks and the street and highways brought to the grade established or any street or highways closed by the order, in accordance with sub. (1), and may, at the time of making the order, apportion the cost of separating the grades as provided in sub. (2).

SB44, s. 2273 Section 2273. 195.29 (5) of the statutes is amended to read:

SB44,894,3 195.29 (5) Elimination of grade crossings, costs. Upon If, upon its own motion or upon petition of the department, or of the common council or board of any city, village, town or county, alleging that one or more of them have undertaken or propose to undertake to relocate or improve an existing highway or to construct a new highway in such manner as to eliminate a highway grade crossing with any railroad or so as to permanently divert a material portion of the highway traffic from a highway grade crossing with any railroad, the office shall issue notice of investigation and hearing, as provided in s. 195.04. If upon such hearing the office department finds that the public safety will be promoted by the highway relocation, improvement or new construction, the office department shall order the old crossings closed and new crossings opened as are deemed necessary for public safety. The department may issue an appropriate order without a public hearing. The order shall require the railroad company or companies to pay to the interested municipality or municipalities such sum as the office department finds to be an equitable portion of the cost of the highway relocation, improvement or new construction, if the work is performed by the municipalities; or to the state treasurer if the work is performed by the state; or to the proper county treasurer if the work is performed by the county. The sum shall be added to the joint fund available for the improvement and may be expended in like manner as the other portions of the fund.

SB44, s. 2274 Section 2274 . 195.29 (5) of the statutes, as affected by 2003 Wisconsin .... (this act), is amended to read:

SB44,894,23 195.29 (5) Elimination of grade crossings, costs. If, upon its own motion or upon petition of the common council or board of any city, village, town, or county, alleging that one or more of them have undertaken or propose to undertake to relocate or improve an existing highway or to construct a new highway in such manner as to eliminate a highway grade crossing with any railroad or so as to permanently divert a material portion of the highway traffic from a highway grade crossing with any railroad, the department finds that the public safety will be promoted by the highway relocation, improvement, or new construction, the department shall order the old crossings closed and new crossings opened as are deemed necessary for public safety. The department may issue an appropriate order without a public hearing. The order shall require the railroad company or companies to pay to the interested municipality or municipalities such sum as the department finds to be an equitable portion of the cost of the highway relocation, improvement, or new construction, if the work is performed by the municipalities; or to the state treasurer secretary of administration if the work is performed by the state; or to the proper county treasurer if the work is performed by the county. The sum shall be added to the joint fund available for the improvement and may be expended in like manner as the other portions of the fund.

SB44, s. 2275 Section 2275. 195.29 (6) of the statutes is amended to read:

SB44,895,25 195.29 (6) View at crossings; trees and brush near crossings; forfeiture. Every railroad shall keep its right-of-way clear of brush or trees for a distance of not less than 330 feet in each direction from the center of its intersection at grade with any public highway, and for such further distance as is necessary to provide an adequate view of approaching trains, from the highway. Every municipality shall keep the public highways within its jurisdiction clear of brush and shall adequately trim all trees within 330 feet of the center of any railroad highway grade crossing. Every person or corporation owning or occupying any land adjacent to any railroad highway grade crossing shall keep all brush cut and adequately trim all trees on the land within the triangles bounded on 2 sides by the railway and the highway, and on the 3rd side by a line connecting points on the center lines of the railway and the highway, 330 feet from the intersection of the center lines. The office department, upon its own motion, or upon any complaint to the effect that any work required by this subsection has not been performed, after due notice and hearing, may order the corporation, municipality or person at fault to perform the work; provided, however, that if the physical conditions at any crossing are such that the performance of the required work will not materially improve the view for highway traffic, or, if unreasonable loss would be caused thereby, the office department may excuse the party in interest from performing the same. The office department may also order the cutting of brush and the trimming of trees at private farm crossings as may be necessary and reasonable. If any person shall violate any provision of this section, or shall fail, neglect or refuse to obey any order made by the office department under this section, or any judgment, order, or decree made by the division of hearings and appeals or any court upon such an order, for every such violation, failure or refusal such person shall forfeit not less than $25 nor more than $150.

SB44, s. 2276 Section 2276. 195.29 (7) of the statutes is amended to read:

SB44,896,5 195.29 (7) Structure requirements. Whenever the office department shall order the construction or reconstruction of a crossing not at grade, it may direct that the structure required shall be of such character and constructed of such materials as it shall deem appropriate to the situation and necessary for the public interest.

SB44, s. 2277 Section 2277. 195.29 (9) of the statutes is created to read:

SB44,896,10 195.29 (9) Rules. The department shall promulgate a rule establishing criteria for determining the requirements of public safety with respect to railroad highway crossings under this section. The rule shall include criteria for apportioning expenses under this section.

SB44, s. 2278 Section 2278. 195.29 (10) of the statutes is created to read:

SB44,896,15 195.29 (10) Review of department orders. If a petitioner, railroad or any interested party objects to an order under this section within 20 days after the date that the order is issued, the department shall refer the order to the division of hearings and appeals for review as provided in s. 195.325.

SB44, s. 2279 Section 2279. 195.295 of the statutes is created to read:

SB44,897,7 195.295 Highway crossings; public warning. Notwithstanding ss. 195.28, 195.285, 195.286, 195.29, and 195.30, the department shall monitor and investigate all railroad highway grade crossings in this state, and determine, by order, rule or otherwise, for each crossing whether any warning devices, advance warning signs or other warning measures shall be required to protect and promote public safety. The department may make a determination under this section without a hearing. Any device, sign, or other measure, installed or maintained at a crossing, that conforms to a determination of the department under this section or, if no such determination has been made, that was approved by the office of the commissioner of transportation under ch. 195, 1991 stats., or the office of the commissioner of railroads under ch. 195, 2001 stats., before the effective date of this section .... [revisor inserts date], whether by order or otherwise, shall be considered adequate and appropriate warning for the crossing. If a railroad or interested party objects to an order under this section within 20 days after the date that the order is issued, the department shall refer the order to the division of hearings and appeals for review as provided in s. 195.325.

SB44, s. 2280 Section 2280. 195.30 (1) of the statutes is amended to read:

SB44,898,2 195.30 (1) Upon a petition by the common council of any city, or the board of any village, town or county within which a railroad crosses another railroad at grade, or by any such railroad, that public safety requires an alteration in the crossing or the installation of protective appliances, the office shall give notice to the parties in interest, and proceed to investigate the same and may order a hearing on the matter. The office shall determine what alteration in such crossing, if any, shall or on its own motion, the department may investigate the matter and determine what alteration in the crossing, if any, is necessary. The department shall make its determination on the basis of the criteria for public safety requirements promulgated as rules under ss. 84.05 and 195.28. The department may issue an order, with or without a hearing, specifying an alteration to be made, and by whom made and maintained, or what protective appliances shall be installed, operated and maintained at the crossing and by whom installed, operated and maintained. The office department's order shall fix the proportion of the cost and expense of such change in grade and maintenance of the crossing or of the installation, operation and maintenance of the safety appliance which shall be paid by the railroad companies, respectively. If an interested party objects to the order and requests a hearing within 20 days after the date on which the order is issued, the department shall refer the matter to the division of hearings and appeals for review as provided in s. 195.325.

SB44, s. 2281 Section 2281. 195.305 of the statutes is amended to read:

SB44,898,11 195.305 Railroad crossings; grade; expense. Whenever a railroad proposes to cross, intersect, join or unite its track with another railroad track, the surface road of the proposed track shall be above, below or at grade of the tracks proposed to be crossed as the office division of hearings and appeals determines after hearing the parties upon reasonable notice. In its determination, the office division of hearings and appeals shall fix the proportion of the expense of originally constructing, operating, and maintaining such crossing, intersecting, joining or uniting which shall be paid by the owners of the tracks respectively.

SB44, s. 2282 Section 2282. 195.31 of the statutes is amended to read:

SB44,899,21 195.31 Bridges made safe. Whenever a complaint is lodged with the office department by the common council of any city, the village board of any village, a member of a town board, or a supervisor of highways, or by 5 or more electors and taxpayers in any town, or 5 or more electors of the county in which such bridge is located, and who are users of such bridge or railway, to the effect that a bridge erected over a stream intersecting a public highway or highways upon which a railway is constructed and operated, is unsafe and dangerous to travelers over such highway or highways or bridge or railroad, and that public safety requires the alteration, the repair or reconstruction of such bridge, or the substitution of another bridge therefor, it shall be the duty of the office to give notice to the party or parties in interest, other than the petitioners, of the filing of such complaint, and to furnish a copy of the complaint to the party or parties in interest other than the petitioners, and to order a hearing thereon, in the manner provided for hearings in ss. 195.04 to 195.043. The office the department shall investigate the matter. The department may proceed in a similar manner in the absence of a petition when, in the opinion of the office department, public safety requires the alteration, repair or reconstruction of a bridge or the substitution of another bridge for the bridge in question. After the hearing, the office The department shall determine what alteration or repair or reconstruction of such bridge, and the approaches thereto, shall be made, or if it shall determine determines that public safety requires the substitution of a new bridge, it shall determine the character, manner of construction and location of such bridge and the approaches thereto. The office department shall fix the proportion of the cost and expense of such alteration, repair, reconstruction or substitution of a new bridge, including the damage to any person whose land is taken, and the special damage which the owner of any land adjoining the approaches to said bridge shall sustain by reason of the alteration, repair, reconstruction or substitution of a new bridge, to be paid by the railroad company and the city, village or town in interest. The department may issue appropriate orders incorporating its determinations and may proceed without a hearing on the matter. The department shall make its determinations on the basis of investigation and criteria for bridge safety promulgated by rule. If a petitioner or interested party objects to an order under this section within 20 days after the date that the order is issued, the department shall refer the order to the division of hearings and appeals for review as provided in s. 195.325.

SB44, s. 2283 Section 2283. 195.32 of the statutes is amended to read:

SB44,900,14 195.32 Safety gates on drawbridges. Whenever a complaint is filed with the office department to the effect that any drawbridge is not equipped with gates or other safety devices, the office department may notify the proper party or parties in interest of the complaint, and may proceed to investigate the complaint and to hold a hearing on the matter in the manner provided for hearings in ss. 195.04 to 195.043 matter. If after the investigation the office department determines that public safety requires the erection and maintenance of gates or other safety devices at the points mentioned in the complaint, it may order the county, city, village, town, corporation or person whose duty it is to maintain such bridge to erect and maintain at such points such gates or other safety devices as the office department prescribes. The office department may conduct the investigations, hold the hearings and make the orders provided for in this section upon its own motion in the same manner and with the same effect as though a complaint were filed. The department shall make its determination on the basis of the investigation and criteria for drawbridge safety promulgated by rule. If an interested party objects to an order under this section within 20 days after the date that the order is issued, the department shall refer the order to the division of hearings and appeals for review as provided in s. 195.325.

SB44, s. 2284 Section 2284. 195.325 of the statutes is created to read:

SB44,900,21 195.325 Review of department orders on crossings and bridges. If an order of the department under s. 84.05, 195.28, 195.285, 195.29, 195.295, 195.30, 195.31, or 195.32 is referred to the division of hearings and appeals for review, the division of hearings and appeals shall review the order under s. 85.013 (3) in light of the application of the criteria relating to the matter promulgated as rules by the department.

SB44, s. 2285 Section 2285. 195.33 of the statutes is repealed.

SB44, s. 2286 Section 2286. 195.34 of the statutes is amended to read:

SB44,901,3 195.34 Reports of accidents, investigation. Every railroad shall report to the office department all collisions, derailments or other accidents resulting in injury to persons, equipment or roadway arising from its operation. The office department may issue rules concerning the reporting of accidents and may also, if public interests require, cause an investigation of any accident.

SB44, s. 2287 Section 2287. 195.36 of the statutes is amended to read:

SB44,901,14 195.36 General penalty upon railroads. If any railroad shall violate any provision of this chapter, or shall do any act herein prohibited, or shall fail or refuse to perform any duty enjoined upon it, for which a penalty has not been provided, or shall fail, neglect or refuse to obey any lawful requirement or order made by the office department or division of hearings and appeals, or any judgment or decree made by any court upon its application, for every such violation, failure or refusal in respect to any matter prescribed by this chapter such railroad shall forfeit not less than $100 nor more than $10,000. The act, omission or failure of any officer, agent or other person employed by any railroad, acting within the scope of his or her employment, shall be deemed to be the act, omission or failure of such railroad.