AB588-ASA1,3,1412
(m)
Railroad and water carrier regulation; federal funds. All moneys received
13from the federal government for the regulation of railroads
and water carriers, for
14such purposes.
AB588-ASA1, s. 4
15Section
4. 25.40 (1) (f) 1. of the statutes is amended to read:
AB588-ASA1,3,1816
25.40
(1) (f) 1. Moneys received from the federal government, for the regulation
17of railroads
and water carriers, that are deposited in the general fund and credited
18to the appropriation under s. 20.155 (2) (m).
AB588-ASA1,3,2420
85.01
(5) "Railroad" means
a railroad as defined in s. 192.15 (2) (e), a railroad
21as defined in s. 195.02 (1) and any company, association, corporation or person
22managing, maintaining, operating or in possession of a railroad in whole or in part
23within this state whether as owner, contractor, lessee, mortgagee, trustee, assignee
24or receiver.
AB588-ASA1, s. 6
25Section
6. 85.08 (4m) (e) 5. of the statutes is amended to read:
AB588-ASA1,4,9
185.08
(4m) (e) 5. An application for a loan under this paragraph may not be
2made if an abandonment or discontinuance application is pending on the line or
3portion of line, or the line or portion of line on which the rail property improvements
4are located has been designated by the railroad to the
interstate commerce
5commission federal surface transportation board on its system diagram map as
6anticipated to be the subject of an abandonment or discontinuance application
7within a 3-year period following the date of the application or the date on which the
8loan is scheduled, unless the secretary determines that this restriction may be
9waived for a particular application.
AB588-ASA1,4,1311
85.09
(3) (a) A certificate or approval of abandonment has been issued by the
12interstate commerce commission federal surface transportation board or federal
13court or any other federal or state agency having jurisdiction over the rail property.
AB588-ASA1,4,1615
182.018
(4) This section applies only to the extent that it is not contrary to or
16inconsistent with federal law.
AB588-ASA1,4,21
19190.005 Scope of chapter. Each provision of this chapter applies only to the
20extent that it is not contrary to or inconsistent with federal law or the constitution
21of the United States.
AB588-ASA1,5,923
190.02
(5) Cross highways, streets, streams; highway bridges. To construct its
24railroad across, over, under, along or upon any stream, watercourse, street, highway,
25road or canal
; to carry any highway, street or road which it shall intersect over or
1under its tracks as may be most expedient for the public good; to change the course
2and direction of any highway, street or road when made necessary or desirable by the
3construction of the railroad and acquire land necessary therefor; provided, such
4highway or road be not so changed from its original course more than six rods, nor
5its distance thereby lengthened more than five rods; and provided, further, that
6every, subject to the limitation that any bridge erected over any highway or street
7shall leave a clear passageway at least
twenty 20 feet wide or
two 2 passageways,
8each not less than
fourteen 14 feet in width
, and subject to any other limitation on
9such construction provided by law.
AB588-ASA1,5,2411
190.025
(2) (b) A railroad corporation that is subject to this subsection shall
12have all powers conferred by law upon railroad corporations. The railroad
13corporation may issue, sell, pledge or otherwise dispose of its evidences of debt, at
14such times, in such amounts, for such considerations and upon such terms and
15conditions as the board of directors of the corporation shall determine, and as shall
16be authorized by the office, or the
interstate commerce commission federal surface
17transportation board in the case of a railroad corporation organized for the purpose
18of acquiring a railroad engaged in interstate commerce, or any existing railroad
19corporation reorganized under the act and acquiring railroad property used in
20interstate commerce. The evidences of debt may be convertible, at the option of the
21holder, into stock, and shares of stock. The shares may have a nominal or par value
22or, if the shares are shares of common stock, be without nominal or par value. The
23shares may be of such classes, with such rights and voting powers as may be
24expressed in the corporation's articles or any amendment thereto.
AB588-ASA1, s. 13
25Section
13. 190.16 (1), (3) and (4) of the statutes are repealed.
AB588-ASA1,6,72
190.16
(2) Municipal consent. No
such spur tracks shall be constructed across,
3or upon any street, road or alley, within any city, village or town, until application
4therefor shall have been made to and acted upon by such city, village or town. The
5city may prescribe any reasonable terms and conditions for the construction of any
6such spur track.
Construction of spur tracks across or upon any street, road, or alley
7is subject to the provisions of ch. 195.
AB588-ASA1,6,179
190.16
(5) Removal, when. Except where a spur track was constructed prior
10to June 16, 1925, at the expense of the railroad company, no spur track shall be
11removed, dismantled or otherwise rendered unfit for service except upon order of 12When a spur track has been abandoned, as defined in s. 85.09, the office
made, after
13hearing held upon notice to all parties interested
, and for good cause shown
; provided 14may order the removal of the track except that
, if no objection has been filed with the
15office within 20 days from the original
publication of such notice, the office may
16without hearing authorize
such spur track removed, dismantled or otherwise
17rendered unfit for service the removal of the track.
AB588-ASA1,7,3
19191.17 Public safety; investigation; approval of plans. Upon receiving
20the specification required by s. 191.16, the office shall examine the same and shall
21hear the applicant in support thereof, shall suggest and require modifications of the
22specification if the public safety so demands, eliminating so far as may be
23practicable, consistent with reasonable cost, all grade crossings of public highways,
24shall inspect the route of the proposed railroad if deemed desirable, and shall
25otherwise investigate and determine that the proposed construction will be adequate
1for securing public safety in the operation of the railroad, and thereupon the office
2shall enter an order approving the specification and authorizing the construction of
3the railroad in accordance therewith
and with the provisions of ch. 195.
AB588-ASA1,7,125
191.19
(1) Upon the completion of the construction of any railroad under the
6approved specification, the company shall, before operating the same for public
7service, report to the office; and the office shall inspect the work. If the office finds
8that the railroad has been constructed in accordance with the approved specification
9and with the provisions of ch. 195 and is otherwise suitable and properly constructed
10so as to secure public safety in the operation thereof, the office shall enter an order
11authorizing its operation, which order shall be presumptive evidence of the
12sufficiency of such construction.
AB588-ASA1,7,2014
191.19
(3) If upon inspection the office shall deem that public safety requires
15the installation, operation and maintenance of some protective appliance at any
16grade crossing of railroad tracks the office may, before granting the order, after notice
17and hearing
under s. 195.28, require the installation, operation and maintenance of
18suitable protective appliances, and shall apportion the expense of constructing,
19maintaining and operating such protective appliances among the owners of the
20tracks.
AB588-ASA1,7,24
22192.005 Scope of chapter. Each provision of this chapter applies only to the
23extent that it is not contrary to or inconsistent with federal law or the constitution
24of the United States.
AB588-ASA1, s. 21
1Section
21. 192.18, 192.255, 192.266, 192.267 and 192.268 of the statutes are
2repealed.
AB588-ASA1,8,5
4192.29 (title)
Train speed bells and crossing signs at street and highway
5crossings.
AB588-ASA1, s. 24
7Section
24. 192.29 (2) of the statutes is renumbered 195.28 (1m) and amended
8to read:
AB588-ASA1,8,119
195.28
(1m) Arterial stop signs. In any proceeding under sub. (1)
or under
10s. 195.28, the office may by order require that the state or municipality install at any
11crossing involved in such proceeding an official stop sign.
AB588-ASA1,8,1913
192.29
(4) Highways, whistle, horn,; bell. No railroad train or locomotive shall
14run over any public traveled grade highway crossing outside of the limits of
15municipalities unless the
whistle or horn engine bell shall be
blown rung
16continuously from 1,320 feet
from such before the crossing
and the engine bell rung
17continuously from thence until the crossing
be
is reached. But the office may order
18that the ringing of the bell
or the blowing of the whistle, or horn, or both, as required
19by this subsection shall be omitted at any crossing.
AB588-ASA1,9,3
21192.292 Trains obstructing highways. It shall be unlawful to stop any
22railroad train, locomotive or car upon or across any highway or street crossing,
23outside of cities, or leave the same standing upon such crossing longer than 10
24minutes, except in cases of accident; and any
conductor, engineer, brakeman or other
25person in charge thereof or responsible therefor who railroad company that shall
1violate this section shall be liable to a fine of not more than
$25 $500 or
any officer
2of such company responsible for the violation shall be liable to imprisonment of not
3more than 15 days.
AB588-ASA1,9,10
5192.295 Willful neglect of railroad employees. Any officer, agent,
6conductor, engineer or employee of any railroad company operating within this state
7who willfully neglects or omits to ring or cause to be rung the bell on the engine of
8any train of cars or on an engine alone
or to blow the whistle, as required by s. 192.29
9(3) and (4)
, shall
be imprisoned not more than 6 months or fined not exceeding forfeit 10$100.
AB588-ASA1, s. 27
11Section
27. 192.31 (1) of the statutes is renumbered 192.31 (1) (a) and
12amended to read:
AB588-ASA1,9,1613
192.31
(1) (a)
Every railroad corporation shall maintain suitable telltales
14wherever any overhead structure or any part thereof is less than 23 feet above the
15top of rail; Telltales shall not be required except to the extent required under federal
16law and except
that if as provided in par. (b).
AB588-ASA1,9,25
17(b) If the office finds that the
installation of a telltale at any particular place
18would be impracticable or would result in an increased hazard to either the public
19or an employee and that either or both such factors outweigh the safety benefit which
20would result from the installation of a telltale, absence of a telltale would create an
21unreasonable risk of harm to the public or a railroad employee on a railroad not
22under the jurisdiction of the federal railroad administration, the office may enter an
23order
providing an exemption from this section. The exemption requiring the
24installation of a telltale. A telltale shall be ordered by the office
only after public
25hearing according to the hearing procedure provided under sub. (4).
AB588-ASA1,10,132
192.31
(4) Upon finding that any such structure will not imperil life or limb,
3and that the public interest requires or permits such structure to be constructed or
4reconstructed otherwise than as permitted by sub. (3), the office may exempt such
5structure from such provision. Such findings shall be made only upon written
6application, setting forth fully the grounds therefor and shall be made only after
7public hearing
held upon notice to all interested parties except that, if no objection
8is filed with the office within 20 days of the notice, the office may require the
9installation of a telltale without hearing. The findings and order
granting exemption 10requiring the installation of a telltale shall be in writing and contain complete
11provisions and requirements as to the vertical clearance to be maintained in such
12construction or reconstruction. Such structure shall be constructed or reconstructed
13only in compliance with such order.
AB588-ASA1,10,20
16192.321 Getting on and off cars. Any person
under the age of 17 years who
17shall get upon, attempt to get upon, cling to, jump or step from any railroad car or
18train while the same is in motion shall
be punished by fine of not more than $20 nor
19less than $2 forfeit not less than $100 nor more than $200, provided that this section
20shall not apply to the employees of any
railway or express railroad company.
AB588-ASA1,11,322
192.33
(1) Every Subject to s. 190.09, every corporation operating any railroad
23shall erect and maintain on both sides of its
road
railroad, depot grounds excepted,
24sufficient fences with openings or gates or bars therein, and suitable and convenient
25farm crossings for the use of the occupants of the lands adjoining and shall maintain
1cattle guards at all highway crossings, outside of municipalities, and connect their
2fences therewith. This section shall not apply to that part of the
road railroad where
3sidetracks or switch tracks are used in cities of the
first 1st class.
AB588-ASA1,11,96
192.52
(1) (a) The term "shops" shall mean and embrace plants and locations
7where
steam railroads engage in the general work of repairing, painting,
8overhauling or constructing locomotives, cars, coaches and other rolling stock and
9appurtenances thereto.
AB588-ASA1,11,1310
(b) The word "terminal" as employed in this section shall mean where trains
11are customarily and normally made up, or where train and engine crews on through
12trains are normally and customarily changed on the main line of any
steam railroad
13operating in this state.
AB588-ASA1,11,2415
192.53
(4) (b) The office shall make the findings described in par. (a) only upon
16written application to it to exempt the construction or reconstruction of a structure
17from the requirements of this section, setting forth fully the grounds therefor, and
18only after public hearing
held upon notice to all interested parties except that, if no
19objection is filed with the office within 20 days of the notice, the office may authorize
20the exemption without hearing. The office's findings and order granting the
21exemption shall be in writing and shall contain complete provisions and
22requirements as to the horizontal clearance to be maintained in the construction or
23reconstruction. The structure shall be constructed or reconstructed only in
24compliance with the office's order.
AB588-ASA1,12,4
1192.53
(6) Any railroad or shipper to which this section applies, who violates
2any provision of this section or who fails, neglects or refuses to obey any lawful order
3made by the office under this section, shall
be fined
forfeit not
more less than $100
4or imprisoned for not more than 60 days or both nor more than $200.
AB588-ASA1,12,86
192.55
(6) Any person violating s. 192.32 shall
be punished by a fine of forfeit 7not less than
$1 $100 nor more than
$50, or by imprisonment not exceeding 30 days,
8or by both such fine and imprisonment $200.
AB588-ASA1,12,1210
192.55
(7) Any railroad which violates s.
192.14 or 192.15 shall forfeit to the
11state $100 for each violation and each day that the violation continues shall be
12deemed a separate offense.
AB588-ASA1, s. 39
14Section
39. Chapter 195 (title) of the statutes is amended to read:
AB588-ASA1,12,1616
RAILROAD
and water carrier REGULATION
AB588-ASA1,12,2518
195.02
(3) This chapter applies to the transportation of passengers and
19property between points within this state, and to the receiving, switching,
20delivering, storing and handling of such property, and to all
water carrier charges
21connected therewith, and applies to all common carriers engaged in the
22transportation of passengers or property wholly by rail or partly by rail and partly
23by water, and to all common carriers of property wholly by water which operate
24between fixed end points, but shall not apply to transportation of property by water
25under contract as a private carrier.
AB588-ASA1,13,42
195.02
(4m) Each provision of this chapter applies only to the extent that it is
3not contrary to or inconsistent with federal law or the constitution of the United
4States.
AB588-ASA1,13,146
195.02
(5) "Railroad" also "
Water carrier" means
and embraces a common
7carriers or contract carrier of property by water
which operate that operates between
8fixed end points,
and all of the duties required of, and penalties imposed upon, any
9railroad or any agent or officer thereof shall, insofar as the same are applicable, be
10required of, and imposed upon, such common carriers of property by water but does
11not include a water carrier under common control with a railroad when transporting
12freight for continuous carriage or shipment. In this chapter, "common carrier," with
13respect to a water carrier, includes a contract carrier other than a private contract
14carrier.
AB588-ASA1,13,2116
195.03
(7) Study railroad and water carrier business, demand information. 17The office may inquire into the management of the business of all railroads
and water
18carriers, and shall keep itself informed as to the manner in which the same is
19conducted, and may obtain from any railroad
or water carrier all necessary
20information to enable the office to perform the duties and carry out the objects for
21which it is responsible.
AB588-ASA1,14,623
195.03
(8) Questionnaires, answers compulsory. The office shall prepare
24forms for the purpose of obtaining the information which it may deem necessary or
25useful to the proper exercise of its functions, which shall conform as nearly as
1practicable to the forms prescribed by the
interstate commerce commission federal
2railroad administration, federal surface transportation board, or other applicable
3federal agency or authority, and shall furnish the forms to railroads
and water
4carriers, and every railroad
and water carrier receiving the forms shall cause the
5forms to be properly completed and verified under oath by its proper officer and
6returned to the office within the time fixed by the office.
AB588-ASA1,14,148
195.03
(9) Examine books and files of
railroads and water carriers. The
9commissioner of railroads or any person employed by the office for that purpose shall,
10upon demand, have the right to inspect the books and papers of any railroad
or water
11carrier and to examine under oath any officer, agent or employee of such railroad
or
12water carrier in relation to its business and affairs; provided that any person other
13that the commissioner of railroads who makes such demand shall produce his or her
14authority under the hand and seal of the office.
AB588-ASA1,14,2016
195.03
(10) Production of records and files kept out of state. The office may,
17by an order or subpoena to be served in the manner that a circuit court summons is
18served, require the production within this state, at such time and place as it may
19designate, of any books, papers or accounts kept by any railroad
or water carrier 20without the state, or verified copies in lieu thereof, if the office shall so order.
AB588-ASA1,15,322
195.03
(11) Uniform system of accounting. The office may prescribe a uniform
23system of keeping and rendering accounts of all railroad
and water carrier business
24transacted in this state, and the time within which railroads
and water carriers shall
25adopt such system; provided that all forms of accounts which may be prescribed by
1the office shall conform
to any applicable requirement under 49 USC 11141 to 11164
2or 49 CFR 1201 and, as nearly as practicable
, to similar forms prescribed by federal
3authority.
AB588-ASA1,15,75
195.03
(12) Time for filing water carrier rate tariffs. The office shall fix the
6time for filing
railroad water carrier schedules relative to the transportation of
7passengers and property and of any service in connection therewith.