LRB-4188/1
ARG:kjf:rs
2003 - 2004 LEGISLATURE
February 11, 2004 - Introduced by Senators S. Fitzgerald, A. Lasee, Kanavas and
Reynolds, cosponsored by Representatives Foti, Kerkman, Nass, Ladwig,
Musser, Owens, Pettis and Hahn. Referred to Committee on Transportation
and Information Infrastructure.
SB456,1,10
1An Act to repeal 20.155 (2) and 189.02 (7);
to renumber 15.795 (title);
to
2renumber and amend 15.795 (1) and 84.05;
to amend 15.03, 15.79, 20.395
3(2) (gq), 20.395 (2) (gx), 20.923 (4) (e) 11., 25.40 (1) (f) 1., 84.05 (title), 86.13 (5),
4182.36 (3), 189.02 (3m), 189.02 (4), 195.055, 195.28 (2) to (4), 195.285 (2) and
5(3), 195.286 (2) and (5), 195.29 (6), 195.60 (1), 195.60 (2), 197.10 (4), 201.01 (1),
6201.01 (2), 201.10 (3), 201.13 and 226.025 (3); and
to create 20.395 (2) (gg),
725.40 (1) (a) 12m. and 84.05 (1) and (3) of the statutes;
relating to: attaching
8the Office of the Commissioner of Railroads to the Department of
9Transportation, decisions related to railroad crossing protection
10improvements, and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, the Office of the Commissioner of Railroads (OCR), which
is attached to the Public Service Commission (PSC), regulates railroad activities in
Wisconsin. OCR has general oversight authority with regard to public safety at
railroad highway crossings. The Department of Transportation (DOT), a local
authority, or a railroad may petition OCR with regard to a public safety concern
related to a railroad highway crossing. Upon petition, OCR must investigate, must
usually hold a public hearing, and may make determinations and issue orders to
promote public safety, including ordering installation of signals or other safety
devices at the crossing, alteration of the crossing or the approaches to the crossing
or the mode of crossing, relocation of the crossing, closing of the crossing (with or
without the reopening of a substitute crossing), relocation of the highway,
construction of a bridge, and other reasonable modifications. OCR must apportion
the expense of the work required by the order, which may be borne by railroads, local
authorities, or DOT, or a combination. All orders of OCR are subject to judicial
review.
This bill attaches OCR to DOT instead of the PSC and removes certain vestigial
references to railroads in statutes relating to the PSC and utilities. The bill also
allows DOT to bypass OCR review with regard to public safety concerns at railroad
highway crossings. DOT may, on its own motion, provide notice to OCR and
interested parties and proceed to investigate and determine matters of public safety
at any railroad highway crossing in the same manner that OCR would. If DOT
provides such notice to OCR, OCR is divested of any authority to consider the matter
and any determination by DOT on the matter is not subject to review by OCR and
is not subject to judicial review.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB456, s. 1
1Section
1. 15.03 of the statutes is amended to read:
SB456,3,6
215.03 Attachment for limited purposes. Any division, office, commission,
3council or board attached under this section to a department or independent agency
4or a specified division thereof shall be a distinct unit of that department, independent
5agency or specified division. Any division, office, commission, council or board so
6attached shall exercise its powers, duties and functions prescribed by law, including
7rule making, licensing and regulation, and operational planning within the area of
8program responsibility of the division, office, commission, council or board,
9independently of the head of the department or independent agency, but budgeting,
10program coordination and related management functions shall be performed under
11the direction and supervision of the head of the department or independent agency
,
1except that with respect to the office of the commissioner of railroads, all personnel
2and biennial budget requests by the office of the commissioner of railroads shall be
3provided to the department of transportation as required under s. 189.02 (7) and
4shall be processed and properly forwarded by the public service commission without
5change except as requested and concurred in by the office of the commissioner of
6railroads.
SB456, s. 2
7Section
2. 15.79 of the statutes is amended to read:
SB456,3,15
815.79 Public service commission; creation. There is created a public
9service commission. No member of the commission may have a financial interest in
10a
railroad or public utility. If any member voluntarily becomes so interested, the
11member's office shall become vacant. If the member involuntarily becomes so
12interested, the member's office shall become vacant unless the member divests
13himself or herself of the interest within a reasonable time. No commissioner may
14serve on or under any committee of a political party. Each commissioner shall hold
15office until a successor is appointed and qualified.
SB456, s. 3
16Section
3. 15.795 (title) of the statutes is renumbered 15.469 (title).
SB456,4,219
15.469
(1) Office of the commissioner of railroads. There is created an office
20of the commissioner of railroads which is attached to the
public service commission 21department of transportation under s. 15.03, provided that s. 85.02 (1) does not apply
22to the office of the commissioner of railroads. The commissioner of railroads shall
23have expertise in railroad issues and may not have a financial interest in a railroad,
24as defined in s. 195.02 (1). The commissioner may not serve on or under any
1committee of a political party. The commissioner shall hold office until a successor
2is appointed and qualified.
SB456, s. 5
3Section
5. 20.155 (2) of the statutes is repealed.
SB456, s. 6
4Section
6. 20.395 (2) (gg) of the statutes is created to read:
SB456,4,75
20.395
(2) (gg)
Railroad payments. From the general fund, all moneys received
6from railroads under s. 195.60 and credited to this appropriation account for
7activities related to railroad regulation under chs. 190 to 195, for such purposes.
SB456, s. 7
8Section
7. 20.395 (2) (gq) of the statutes is amended to read:
SB456,4,129
20.395
(2) (gq)
Railroad crossing improvement and protection maintenance
10and railroad regulation, state funds. The amounts in the schedule to pay the costs
11for railroad crossing protection maintenance under s. 195.28 (3)
and for activities
12related to railroad regulation under chs. 190 to 195.
SB456, s. 8
13Section
8. 20.395 (2) (gx) of the statutes is amended to read:
SB456,4,1814
20.395
(2) (gx)
Railroad crossing improvement and railroad regulation, federal
15funds. All moneys received from the federal government for the purposes of railroad
16crossing protection under s. 195.28
, for activities related to railroad regulation under
17chs. 190 to 195, and for the purposes of railroad crossing gates under
1999 Wisconsin
18Act 9, section
9150 (9g), for such purposes.
SB456, s. 9
19Section
9. 20.923 (4) (e) 11. of the statutes is amended to read:
SB456,4,2120
20.923
(4) (e) 11.
Public service commission Transportation, department of;
21office of the commissioner of railroads: commissioner.
SB456, s. 10
22Section
10. 25.40 (1) (a) 12m. of the statutes is created to read:
SB456,4,2523
25.40
(1) (a) 12m. Moneys collected under s. 195.60 that are deposited in the
24general fund, 90 percent of which are credited to the appropriation under s. 20.395
25(2) (gg).
SB456, s. 11
1Section
11. 25.40 (1) (f) 1. of the statutes is amended to read:
SB456,5,42
25.40
(1) (f) 1. Moneys received from the federal government, for the regulation
3of railroads, that are deposited in the general fund and credited to the appropriation
4under s.
20.155 (2) (m) 20.395 (2) (gx).
SB456, s. 12
5Section
12. 84.05 (title) of the statutes is amended to read:
SB456,5,6
684.05 (title)
Railroad crossing improvements crossings.
SB456, s. 13
7Section
13. 84.05 of the statutes is renumbered 84.05 (2) and amended to read:
SB456,6,28
84.05
(2) On a highway which the department has authority to construct and
9which crosses a railroad, if the department determines that the construction or
10reconstruction of a grade separation or the rearrangement or elimination of a grade
11crossing or other rearrangement of the highway or tracks is necessary in the interest
12of public safety or for convenience of public travel, the department shall make a plan
13of the construction proposed and an estimate of the cost thereof, including the cost
14of needed right-of-way; and shall endeavor to make an arrangement with all
15persons concerned as to all matters involved in the plan, including the portion of the
16cost of the contemplated work which the persons shall defray. If the department is
17unable to contract with the persons concerned as to the distribution and payment of
18the cost of the work or the maintenance thereof, the department
shall lay the matter
19before may petition the office
of the commissioner of railroads, and the office
of the
20commissioner of railroads shall review the proceedings and hold a hearing thereon
21in accordance with ss. 195.28 and 195.29, and shall fix the portion of the cost of the
22construction and of the maintenance which is to be paid by the persons or
23corporations concerned, and the portion of the cost, if any, to be paid by the public,
24which portion shall be paid from the transportation fund. The office
of the
25commissioner of railroads shall determine the benefits, if any, which will inure to
1other highways, and apportion and charge to the units of government responsible for
2the construction of such other highways a fair portion of the cost.
SB456, s. 14
3Section
14. 84.05 (1) and (3) of the statutes are created to read:
SB456,6,54
84.05
(1) In this section, "office" means the office of the commissioner of
5railroads.
SB456,6,21
6(3) Whenever the department may petition, or file a complaint with, the office
7under sub. (2) or s. 86.13 (3), 195.28, 195.285, or 195.29, the department may, on its
8own motion and in lieu of such a petition or complaint, provide notice to the office and
9the parties in interest and proceed to investigate and determine the matter itself
10under this subsection. In proceeding under this subsection, the department shall
11have the same power and authority, and proceed in the same manner, specified for
12the office under sub. (2) and ss. 86.13, 195.28, 195.285, and 195.29, including the
13making of any determination and issuance of any order authorized for the office
14under sub. (2) and ss. 86.13, 195.28, 195.285, and 195.29. The department may
15proceed under this subsection regardless of any prior order of the office or any
16pending proceeding before the office, and, notwithstanding sub. (2) and ss. 86.13,
17195.28, 195.285, and 195.29, notice from the department to the office under this
18subsection shall divest the office of authority over the matter specified in the notice.
19Notwithstanding sub. (2) and ss. 86.13, 195.28, 195.285, and 195.29, all decisions
20and orders of the department under this subsection are final and are not subject to
21review by the office or to judicial review under ch. 227.
SB456, s. 15
22Section
15. 86.13 (5) of the statutes is amended to read:
SB456,7,823
86.13
(5) Any railroad company that receives notice from the department
24under this section
, or under s. 84.05 (3) with respect to a matter arising under this
25section, with respect to a state trunk highway may file a claim for reimbursement
1with the department. The department shall reimburse claimants for
85% 85 percent 2of the eligible costs incurred in the repair of a highway grade crossing. No claim for
3reimbursement may be paid by the department under this subsection unless the
4department approved the plans and estimated cost of the project prior to the start
5of the project. The department may inspect each completed project to verify the
6amount of the claim for reimbursement. The department shall create a procedure
7for establishing the priority for projects with respect to state trunk highways under
8this section for the purpose of programming reimbursements.
SB456, s. 16
9Section
16. 182.36 (3) of the statutes is amended to read:
SB456,7,2210
182.36
(3) The corporation may enter into contracts with public utilities
,
11including and railroads
, for the removal or change in location of the lines of such
12public utilities
and railroads where the same is deemed necessary by the corporation
13in the construction of the project. Such contracts shall be for the payment of damages
14caused the utilities
and railroads by the relocation of their lines. In the event the
15corporation and the utility
or railroad are unable to reach an agreement, the public
16service commission
in the case of a utility or the office of the commissioner of
17railroads in the case of a railroad shall direct the manner, location and time allowed
18for the change in the utility
or railroad line and the corporation shall be liable for the
19reasonable costs of such change. In the event the public utility
or railroad fails to
20comply with the order of the public service commission
or the office of the
21commissioner of railroads it shall be liable to the corporation for all damages
22occasioned by such failure.
SB456, s. 17
23Section
17. 189.02 (3m) of the statutes is amended to read:
SB456,8,3
1189.02
(3m) (a) Except as provided in s. 15.03
, and subject to s. 84.05 (3), the
2public service commission department of transportation shall have no control or
3jurisdiction over the office in matters relating to railroad regulation.
SB456,8,74
(b) Notwithstanding par. (a), the commissioner of railroads shall seek the input
5of, and give considerable weight to the advice given by, the
chairperson of the public
6service commission secretary on matters relating to the employment of persons by
7the office.
SB456, s. 18
8Section
18. 189.02 (4) of the statutes is amended to read:
SB456,8,119
189.02
(4) Decisions Subject to s. 84.05 (3), decisions of the office are not
10appealable to the
public service commission department. Decisions of the office are
11subject to judicial review under ch. 227.
SB456, s. 19
12Section
19. 189.02 (7) of the statutes is repealed.
SB456, s. 20
13Section
20. 195.055 of the statutes is amended to read:
SB456,8,15
14195.055 Judicial review. All Subject to s. 84.05 (3), all orders and
15determinations of the office are subject to judicial review under ch. 227.
SB456, s. 21
16Section
21. 195.28 (2) to (4) of the statutes are amended to read:
SB456,8,2117
195.28
(2) Installation costs. The cost of any signal or other crossing
18protection device which is ordered installed under sub. (1)
, or under s. 84.05 (3) with
19respect to a matter arising under sub. (1), and the cost of installing any such device
20shall be paid by the department from the appropriations under s. 20.395 (2) (gj), (gr)
21and (gx).
SB456,9,10
22(3) Maintenance costs. Except as otherwise provided in this subsection, the
23cost of maintaining crossing protection devices ordered under sub. (1)
, or under s.
2484.05 (3) with respect to a matter arising under sub. (1), shall be the responsibility
25of the railroad or railroad historical society. Any railroad company or railroad
1historical society that incurs expenses for maintenance of signals or other safety
2devices may file a claim for reimbursement with the department regardless of the
3date of installation of the signals or devices. At the close of each fiscal year the
4department shall reimburse claimants under this subsection for
50% 50 percent of
5the costs, as determined by the office
or, with respect to an order under s. 84.05 (3),
6as determined by the department, incurred for maintenance of railroad crossing
7protection devices from the appropriations under s. 20.395 (2) (gj) and (gq). If the
8amount in the appropriations under s. 20.395 (2) (gj) and (gq) is not adequate to fund
9maintenance reimbursement under this subsection, the amount shall be prorated in
10the manner determined by the office.
SB456,9,13
11(4) Previous office orders. Subsection (3) applies to maintenance costs for all
12crossing protection devices regardless of any prior order of the office
or of the
13department under s. 84.05 (3) apportioning maintenance costs.