Amendment ASA1-AB588

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2005 ASSEMBLY BILL 588

February 20, 2006 - Offered by Representative Townsend.

AB588-ASA1,2,9 An Act to repeal 189.02 (5) and (6), 190.16 (1), (3) and (4), 192.14, 192.18, 192.255, 192.266, 192.267 and 192.268, 192.29 (1), 192.32 (1) (c), 192.42, 192.71 and 192.72, 195.05 (5) and (6), 195.08 (5), 195.08 (10), 195.17, 195.19 (1), 195.19 (3), 195.22 and 195.24 and 195.305 and 195.33; to renumber and amend 192.29 (2), 192.31 (1) and 195.39; to amend 15.79, 15.795 (1), 20.155 (2), 25.40 (1) (f) 1., 85.01 (5), 85.08 (4m) (e) 5., 85.09 (3) (a), 190.02 (5), 190.025 (2) (b), 190.16 (2), 190.16 (5), 191.17, 191.19 (1), 191.19 (3), 192.29 (title), 192.29 (4), 192.292, 192.295, 192.31 (4), 192.321, 192.33 (1), 192.52 (1), 192.53 (4) (b), 192.53 (6), 192.55 (6), 192.55 (7), chapter 195 (title), 195.02 (3), 195.02 (5), 195.03 (7), 195.03 (8), 195.03 (9), 195.03 (10), 195.03 (11), 195.03 (12), 195.03 (13), 195.03 (19), 195.04 (1), 195.04 (2), 195.04 (3), 195.041, 195.042, 195.043, 195.05 (title), 195.05 (1), 195.05 (3), 195.05 (4), 195.07 (1), 195.07 (2), 195.08 (title), 195.08 (1r), 195.08 (2), 195.08 (3), 195.08 (4), 195.08 (7), 195.08 (9), 195.08 (11), 195.10, 195.11, 195.12, 195.13, 195.14, 195.15, 195.16, 195.19 (title), 195.19 (2), 195.21, 195.26, 195.27, 195.286 (6) (title), 195.286 (7), 195.34, 195.35 (1), 195.36, 195.37 (title), 195.37 (1), 195.38, 195.50, 195.60 (title), 195.60 (1), 195.60 (2), 195.60 (3), 195.60 (4) (a), 195.60 (5), 197.10 (4), 201.01 (1), 201.01 (2), 201.13, 706.05 (2m) (b) 2. and 706.09 (3) (a); and to create 182.018 (4), 190.005, 192.005 and 195.02 (4m) of the statutes; relating to: repealing provisions that may be inconsistent with federal law of, and modernizing, chapters 189 to 192 and 195 and other provisions related to railroad regulation and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB588-ASA1, s. 1 Section 1. 15.79 of the statutes is amended to read:

AB588-ASA1,2,18 15.79 Public service commission; creation. There is created a public service commission. No member of the commission may have a financial interest in a railroad, water carrier, or public utility. If any member voluntarily becomes so interested, the member's office shall become vacant. If the member involuntarily becomes so interested, the member's office shall become vacant unless the member divests himself or herself of the interest within a reasonable time. No commissioner may serve on or under any committee of a political party. Each commissioner shall hold office until a successor is appointed and qualified.

AB588-ASA1, s. 2 Section 2. 15.795 (1) of the statutes is amended to read:

AB588-ASA1,3,4 15.795 (1) Office of the commissioner of railroads. There is created an office of the commissioner of railroads which is attached to the public service commission under s. 15.03, provided that s. 85.02 (1) does not apply to the office of the commissioner of railroads. The commissioner of railroads shall have expertise in railroad issues and may not have a financial interest in a railroad, as defined in s. 195.02 (1), or a water carrier, as defined in s. 195.02 (5). The commissioner may not serve on or under any committee of a political party. The commissioner shall hold office until a successor is appointed and qualified.

AB588-ASA1, s. 3 Section 3. 20.155 (2) of the statutes is amended to read:

AB588-ASA1,3,11 20.155 (2) Office of the commissioner of railroads. (g) Railroad and water carrier regulation and general program operations. The amounts in the schedule for railroad and water carrier regulation under chs. 189 to 192 and 195 and general program operations of the office of the commissioner of railroads. Ninety percent of all moneys received by the office under s. 195.60 or 201.10 (3) shall be credited to this appropriation.

AB588-ASA1,3,14 (m) Railroad and water carrier regulation; federal funds. All moneys received from the federal government for the regulation of railroads and water carriers, for such purposes.

AB588-ASA1, s. 4 Section 4. 25.40 (1) (f) 1. of the statutes is amended to read:

AB588-ASA1,3,18 25.40 (1) (f) 1. Moneys received from the federal government, for the regulation of railroads and water carriers, that are deposited in the general fund and credited to the appropriation under s. 20.155 (2) (m).

AB588-ASA1, s. 5 Section 5. 85.01 (5) of the statutes is amended to read:

AB588-ASA1,3,24 85.01 (5) "Railroad" means a railroad as defined in s. 192.15 (2) (e), a railroad as defined in s. 195.02 (1) and any company, association, corporation or person managing, maintaining, operating or in possession of a railroad in whole or in part within this state whether as owner, contractor, lessee, mortgagee, trustee, assignee or receiver.

AB588-ASA1, s. 6 Section 6. 85.08 (4m) (e) 5. of the statutes is amended to read:

AB588-ASA1,4,9 85.08 (4m) (e) 5. An application for a loan under this paragraph may not be made if an abandonment or discontinuance application is pending on the line or portion of line, or the line or portion of line on which the rail property improvements are located has been designated by the railroad to the interstate commerce commission federal surface transportation board on its system diagram map as anticipated to be the subject of an abandonment or discontinuance application within a 3-year period following the date of the application or the date on which the loan is scheduled, unless the secretary determines that this restriction may be waived for a particular application.

AB588-ASA1, s. 7 Section 7. 85.09 (3) (a) of the statutes is amended to read:

AB588-ASA1,4,13 85.09 (3) (a) A certificate or approval of abandonment has been issued by the interstate commerce commission federal surface transportation board or federal court or any other federal or state agency having jurisdiction over the rail property.

AB588-ASA1, s. 8 Section 8. 182.018 (4) of the statutes is created to read:

AB588-ASA1,4,16 182.018 (4) This section applies only to the extent that it is not contrary to or inconsistent with federal law.

AB588-ASA1, s. 9 Section 9. 189.02 (5) and (6) of the statutes are repealed.

AB588-ASA1, s. 10 Section 10. 190.005 of the statutes is created to read:

AB588-ASA1,4,21 190.005 Scope of chapter. Each provision of this chapter applies only to the extent that it is not contrary to or inconsistent with federal law or the constitution of the United States.

AB588-ASA1, s. 11 Section 11. 190.02 (5) of the statutes is amended to read:

AB588-ASA1,5,9 190.02 (5) Cross highways, streets, streams; highway bridges. To construct its railroad across, over, under, along or upon any stream, watercourse, street, highway, road or canal; to carry any highway, street or road which it shall intersect over or under its tracks as may be most expedient for the public good; to change the course and direction of any highway, street or road when made necessary or desirable by the construction of the railroad and acquire land necessary therefor; provided, such highway or road be not so changed from its original course more than six rods, nor its distance thereby lengthened more than five rods; and provided, further, that every, subject to the limitation that any bridge erected over any highway or street shall leave a clear passageway at least twenty 20 feet wide or two 2 passageways, each not less than fourteen 14 feet in width, and subject to any other limitation on such construction provided by law.

AB588-ASA1, s. 12 Section 12. 190.025 (2) (b) of the statutes is amended to read:

AB588-ASA1,5,24 190.025 (2) (b) A railroad corporation that is subject to this subsection shall have all powers conferred by law upon railroad corporations. The railroad corporation may issue, sell, pledge or otherwise dispose of its evidences of debt, at such times, in such amounts, for such considerations and upon such terms and conditions as the board of directors of the corporation shall determine, and as shall be authorized by the office, or the interstate commerce commission federal surface transportation board in the case of a railroad corporation organized for the purpose of acquiring a railroad engaged in interstate commerce, or any existing railroad corporation reorganized under the act and acquiring railroad property used in interstate commerce. The evidences of debt may be convertible, at the option of the holder, into stock, and shares of stock. The shares may have a nominal or par value or, if the shares are shares of common stock, be without nominal or par value. The shares may be of such classes, with such rights and voting powers as may be expressed in the corporation's articles or any amendment thereto.

AB588-ASA1, s. 13 Section 13. 190.16 (1), (3) and (4) of the statutes are repealed.

AB588-ASA1, s. 14 Section 14. 190.16 (2) of the statutes is amended to read:

AB588-ASA1,6,7 190.16 (2) Municipal consent. No such spur tracks shall be constructed across, or upon any street, road or alley, within any city, village or town, until application therefor shall have been made to and acted upon by such city, village or town. The city may prescribe any reasonable terms and conditions for the construction of any such spur track. Construction of spur tracks across or upon any street, road, or alley is subject to the provisions of ch. 195.

AB588-ASA1, s. 15 Section 15. 190.16 (5) of the statutes is amended to read:

AB588-ASA1,6,17 190.16 (5) Removal, when. Except where a spur track was constructed prior to June 16, 1925, at the expense of the railroad company, no spur track shall be removed, dismantled or otherwise rendered unfit for service except upon order of When a spur track has been abandoned, as defined in s. 85.09, the office made, after hearing held upon notice to all parties interested, and for good cause shown; provided may order the removal of the track except that, if no objection has been filed with the office within 20 days from the original publication of such notice, the office may without hearing authorize such spur track removed, dismantled or otherwise rendered unfit for service the removal of the track.

AB588-ASA1, s. 16 Section 16. 191.17 of the statutes is amended to read:

AB588-ASA1,7,3 191.17 Public safety; investigation; approval of plans. Upon receiving the specification required by s. 191.16, the office shall examine the same and shall hear the applicant in support thereof, shall suggest and require modifications of the specification if the public safety so demands, eliminating so far as may be practicable, consistent with reasonable cost, all grade crossings of public highways, shall inspect the route of the proposed railroad if deemed desirable, and shall otherwise investigate and determine that the proposed construction will be adequate for securing public safety in the operation of the railroad, and thereupon the office shall enter an order approving the specification and authorizing the construction of the railroad in accordance therewith and with the provisions of ch. 195.

AB588-ASA1, s. 17 Section 17. 191.19 (1) of the statutes is amended to read:

AB588-ASA1,7,12 191.19 (1) Upon the completion of the construction of any railroad under the approved specification, the company shall, before operating the same for public service, report to the office; and the office shall inspect the work. If the office finds that the railroad has been constructed in accordance with the approved specification and with the provisions of ch. 195 and is otherwise suitable and properly constructed so as to secure public safety in the operation thereof, the office shall enter an order authorizing its operation, which order shall be presumptive evidence of the sufficiency of such construction.

AB588-ASA1, s. 18 Section 18. 191.19 (3) of the statutes is amended to read:

AB588-ASA1,7,20 191.19 (3) If upon inspection the office shall deem that public safety requires the installation, operation and maintenance of some protective appliance at any grade crossing of railroad tracks the office may, before granting the order, after notice and hearing under s. 195.28, require the installation, operation and maintenance of suitable protective appliances, and shall apportion the expense of constructing, maintaining and operating such protective appliances among the owners of the tracks.

AB588-ASA1, s. 19 Section 19. 192.005 of the statutes is created to read:

AB588-ASA1,7,24 192.005 Scope of chapter. Each provision of this chapter applies only to the extent that it is not contrary to or inconsistent with federal law or the constitution of the United States.

AB588-ASA1, s. 20 Section 20. 192.14 of the statutes is repealed.

AB588-ASA1, s. 21 Section 21. 192.18, 192.255, 192.266, 192.267 and 192.268 of the statutes are repealed.

AB588-ASA1, s. 22 Section 22. 192.29 (title) of the statutes is amended to read:

AB588-ASA1,8,5 192.29 (title) Train speed bells and crossing signs at street and highway crossings.

AB588-ASA1, s. 23 Section 23. 192.29 (1) of the statutes is repealed.

AB588-ASA1, s. 24 Section 24. 192.29 (2) of the statutes is renumbered 195.28 (1m) and amended to read:

AB588-ASA1,8,11 195.28 (1m) Arterial stop signs. In any proceeding under sub. (1) or under s. 195.28, the office may by order require that the state or municipality install at any crossing involved in such proceeding an official stop sign.

AB588-ASA1, s. 25 Section 25. 192.29 (4) of the statutes is amended to read:

AB588-ASA1,8,19 192.29 (4) Highways, whistle, horn,; bell. No railroad train or locomotive shall run over any public traveled grade highway crossing outside of the limits of municipalities unless the whistle or horn engine bell shall be blown rung continuously from 1,320 feet from such before the crossing and the engine bell rung continuously from thence until the crossing be is reached. But the office may order that the ringing of the bell or the blowing of the whistle, or horn, or both, as required by this subsection shall be omitted at any crossing.

AB588-ASA1, s. 26 Section 26. 192.292 of the statutes is amended to read:

AB588-ASA1,9,3 192.292 Trains obstructing highways. It shall be unlawful to stop any railroad train, locomotive or car upon or across any highway or street crossing, outside of cities, or leave the same standing upon such crossing longer than 10 minutes, except in cases of accident; and any conductor, engineer, brakeman or other person in charge thereof or responsible therefor who railroad company that shall violate this section shall be liable to a fine of not more than $25 $500 or any officer of such company responsible for the violation shall be liable to imprisonment of not more than 15 days.

AB588-ASA1, s. 27 Section 27. 192.295 of the statutes is amended to read:

AB588-ASA1,9,10 192.295 Willful neglect of railroad employees. Any officer, agent, conductor, engineer or employee of any railroad company operating within this state who willfully neglects or omits to ring or cause to be rung the bell on the engine of any train of cars or on an engine alone or to blow the whistle, as required by s. 192.29 (3) and (4), shall be imprisoned not more than 6 months or fined not exceeding forfeit $100.

AB588-ASA1, s. 27 Section 27. 192.31 (1) of the statutes is renumbered 192.31 (1) (a) and amended to read:

AB588-ASA1,9,16 192.31 (1) (a) Every railroad corporation shall maintain suitable telltales wherever any overhead structure or any part thereof is less than 23 feet above the top of rail; Telltales shall not be required except to the extent required under federal law and except that if as provided in par. (b).

AB588-ASA1,9,25 (b) If the office finds that the installation of a telltale at any particular place would be impracticable or would result in an increased hazard to either the public or an employee and that either or both such factors outweigh the safety benefit which would result from the installation of a telltale, absence of a telltale would create an unreasonable risk of harm to the public or a railroad employee on a railroad not under the jurisdiction of the federal railroad administration, the office may enter an order providing an exemption from this section. The exemption requiring the installation of a telltale. A telltale shall be ordered by the office only after public hearing according to the hearing procedure provided under sub. (4).

AB588-ASA1, s. 28 Section 28. 192.31 (4) of the statutes is amended to read:

AB588-ASA1,10,13 192.31 (4) Upon finding that any such structure will not imperil life or limb, and that the public interest requires or permits such structure to be constructed or reconstructed otherwise than as permitted by sub. (3), the office may exempt such structure from such provision. Such findings shall be made only upon written application, setting forth fully the grounds therefor and shall be made only after public hearing held upon notice to all interested parties except that, if no objection is filed with the office within 20 days of the notice, the office may require the installation of a telltale without hearing. The findings and order granting exemption requiring the installation of a telltale shall be in writing and contain complete provisions and requirements as to the vertical clearance to be maintained in such construction or reconstruction. Such structure shall be constructed or reconstructed only in compliance with such order.

AB588-ASA1, s. 29 Section 29. 192.32 (1) (c) of the statutes is repealed

AB588-ASA1, s. 30 Section 30. 192.321 of the statutes is amended to read:

AB588-ASA1,10,20 192.321 Getting on and off cars. Any person under the age of 17 years who shall get upon, attempt to get upon, cling to, jump or step from any railroad car or train while the same is in motion shall be punished by fine of not more than $20 nor less than $2 forfeit not less than $100 nor more than $200, provided that this section shall not apply to the employees of any railway or express railroad company.

AB588-ASA1, s. 31 Section 31. 192.33 (1) of the statutes is amended to read:

AB588-ASA1,11,3 192.33 (1) Every Subject to s. 190.09, every corporation operating any railroad shall erect and maintain on both sides of its road railroad, depot grounds excepted, sufficient fences with openings or gates or bars therein, and suitable and convenient farm crossings for the use of the occupants of the lands adjoining and shall maintain cattle guards at all highway crossings, outside of municipalities, and connect their fences therewith. This section shall not apply to that part of the road railroad where sidetracks or switch tracks are used in cities of the first 1st class.

AB588-ASA1, s. 32 Section 32. 192.42 of the statutes is repealed.

AB588-ASA1, s. 33 Section 33. 192.52 (1) of the statutes is amended to read:

AB588-ASA1,11,9 192.52 (1) (a) The term "shops" shall mean and embrace plants and locations where steam railroads engage in the general work of repairing, painting, overhauling or constructing locomotives, cars, coaches and other rolling stock and appurtenances thereto.

AB588-ASA1,11,13 (b) The word "terminal" as employed in this section shall mean where trains are customarily and normally made up, or where train and engine crews on through trains are normally and customarily changed on the main line of any steam railroad operating in this state.

AB588-ASA1, s. 34 Section 34. 192.53 (4) (b) of the statutes is amended to read:

AB588-ASA1,11,24 192.53 (4) (b) The office shall make the findings described in par. (a) only upon written application to it to exempt the construction or reconstruction of a structure from the requirements of this section, setting forth fully the grounds therefor, and only after public hearing held upon notice to all interested parties except that, if no objection is filed with the office within 20 days of the notice, the office may authorize the exemption without hearing. The office's findings and order granting the exemption shall be in writing and shall contain complete provisions and requirements as to the horizontal clearance to be maintained in the construction or reconstruction. The structure shall be constructed or reconstructed only in compliance with the office's order.

AB588-ASA1, s. 35 Section 35. 192.53 (6) of the statutes is amended to read:

AB588-ASA1,12,4 192.53 (6) Any railroad or shipper to which this section applies, who violates any provision of this section or who fails, neglects or refuses to obey any lawful order made by the office under this section, shall be fined forfeit not more less than $100 or imprisoned for not more than 60 days or both nor more than $200.

AB588-ASA1, s. 36 Section 36. 192.55 (6) of the statutes is amended to read:

AB588-ASA1,12,8 192.55 (6) Any person violating s. 192.32 shall be punished by a fine of forfeit not less than $1 $100 nor more than $50, or by imprisonment not exceeding 30 days, or by both such fine and imprisonment $200.

AB588-ASA1, s. 37 Section 37. 192.55 (7) of the statutes is amended to read:

AB588-ASA1,12,12 192.55 (7) Any railroad which violates s. 192.14 or 192.15 shall forfeit to the state $100 for each violation and each day that the violation continues shall be deemed a separate offense.

AB588-ASA1, s. 38 Section 38. 192.71 and 192.72 of the statutes are repealed.

AB588-ASA1, s. 39 Section 39. Chapter 195 (title) of the statutes is amended to read:

AB588-ASA1,12,15 CHAPTER 195

AB588-ASA1,12,16 RAILROAD and water carrier REGULATION

AB588-ASA1, s. 40 Section 40. 195.02 (3) of the statutes is amended to read:

AB588-ASA1,12,25 195.02 (3) This chapter applies to the transportation of passengers and property between points within this state, and to the receiving, switching, delivering, storing and handling of such property, and to all water carrier charges connected therewith, and applies to all common carriers engaged in the transportation of passengers or property wholly by rail or partly by rail and partly by water, and to all common carriers of property wholly by water which operate between fixed end points, but shall not apply to transportation of property by water under contract as a private carrier.

AB588-ASA1, s. 41 Section 41. 195.02 (4m) of the statutes is created to read:

AB588-ASA1,13,4 195.02 (4m) Each provision of this chapter applies only to the extent that it is not contrary to or inconsistent with federal law or the constitution of the United States.

AB588-ASA1, s. 42 Section 42. 195.02 (5) of the statutes is amended to read:

AB588-ASA1,13,14 195.02 (5) "Railroad" also " Water carrier" means and embraces a common carriers or contract carrier of property by water which operate that operates between fixed end points, and all of the duties required of, and penalties imposed upon, any railroad or any agent or officer thereof shall, insofar as the same are applicable, be required of, and imposed upon, such common carriers of property by water but does not include a water carrier under common control with a railroad when transporting freight for continuous carriage or shipment. In this chapter, "common carrier," with respect to a water carrier, includes a contract carrier other than a private contract carrier.

AB588-ASA1, s. 43 Section 43. 195.03 (7) of the statutes is amended to read:

AB588-ASA1,13,21 195.03 (7) Study railroad and water carrier business, demand information. The office may inquire into the management of the business of all railroads and water carriers, and shall keep itself informed as to the manner in which the same is conducted, and may obtain from any railroad or water carrier all necessary information to enable the office to perform the duties and carry out the objects for which it is responsible.