Amendment ASA1-AB588

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.

AB588-ASA1, s. 44 Section 44. 195.03 (8) of the statutes is amended to read:

AB588-ASA1,14,6 195.03 (8) Questionnaires, answers compulsory. The office shall prepare forms for the purpose of obtaining the information which it may deem necessary or useful to the proper exercise of its functions, which shall conform as nearly as practicable to the forms prescribed by the interstate commerce commission federal railroad administration, federal surface transportation board, or other applicable federal agency or authority, and shall furnish the forms to railroads and water carriers, and every railroad and water carrier receiving the forms shall cause the forms to be properly completed and verified under oath by its proper officer and returned to the office within the time fixed by the office.

AB588-ASA1, s. 45 Section 45. 195.03 (9) of the statutes is amended to read:

AB588-ASA1,14,14 195.03 (9) Examine books and files of railroads and water carriers. The commissioner of railroads or any person employed by the office for that purpose shall, upon demand, have the right to inspect the books and papers of any railroad or water carrier and to examine under oath any officer, agent or employee of such railroad or water carrier in relation to its business and affairs; provided that any person other that the commissioner of railroads who makes such demand shall produce his or her authority under the hand and seal of the office.

AB588-ASA1, s. 46 Section 46. 195.03 (10) of the statutes is amended to read:

AB588-ASA1,14,20 195.03 (10) Production of records and files kept out of state. The office may, by an order or subpoena to be served in the manner that a circuit court summons is served, require the production within this state, at such time and place as it may designate, of any books, papers or accounts kept by any railroad or water carrier without the state, or verified copies in lieu thereof, if the office shall so order.

AB588-ASA1, s. 47 Section 47. 195.03 (11) of the statutes is amended to read:

AB588-ASA1,15,3 195.03 (11) Uniform system of accounting. The office may prescribe a uniform system of keeping and rendering accounts of all railroad and water carrier business transacted in this state, and the time within which railroads and water carriers shall adopt such system; provided that all forms of accounts which may be prescribed by the office shall conform to any applicable requirement under 49 USC 11141 to 11164 or 49 CFR 1201 and, as nearly as practicable, to similar forms prescribed by federal authority.

AB588-ASA1, s. 48 Section 48. 195.03 (12) of the statutes is amended to read:

AB588-ASA1,15,7 195.03 (12) Time for filing water carrier rate tariffs. The office shall fix the time for filing railroad water carrier schedules relative to the transportation of passengers and property and of any service in connection therewith.

AB588-ASA1, s. 49 Section 49. 195.03 (13) of the statutes is amended to read:

AB588-ASA1,15,10 195.03 (13) Schedule forms. The office may prescribe the forms for railroad water carrier schedules.

AB588-ASA1, s. 50 Section 50. 195.03 (19) of the statutes is amended to read:

AB588-ASA1,15,14 195.03 (19) Railroad and water carrier structures. The office may order the repair or reconstruction of any inadequate or unsafe railroad track or water carrier structure.

AB588-ASA1, s. 51 Section 51. 195.04 (1) of the statutes is amended to read:

AB588-ASA1,16,2 195.04 (1) Upon complaint of any person, including any state agency, water carrier, or railroad, either relating to a railroad as provided under s. 192.324, 192.34, 195.20, 195.28 (1), 195.285 (1), 195.29 (1), (5), or (6), 195.31, or 195.32 or that any railroad water carrier rate, fare, charge, or classification or any regulation or practice whatever affecting the transportation of persons or property, or any service in connection therewith, is in any respect unreasonable or unjustly discriminatory or that any service is inadequate, the office may direct the department to investigate the complaint and shall set the complaint for hearing. The report of the department shall be presented to the office only at the hearing on the complaint, if hearing is requested and held. No order may be entered by the office without a public hearing, except as otherwise provided in this chapter.

AB588-ASA1, s. 52 Section 52. 195.04 (2) of the statutes is amended to read:

AB588-ASA1,16,6 195.04 (2) The office shall, prior to such any hearing, notify the water carrier or railroad complained of that a complaint has been made, and 20 days after such notice has been given the office may proceed to set a time and place for a hearing.

AB588-ASA1, s. 53 Section 53. 195.04 (3) of the statutes is amended to read:

AB588-ASA1,16,11 195.04 (3) The office shall give the water carrier or railroad and the complainant 20 days' notice of the hearing and the matters to be considered and determined. Both the water carrier or railroad and the complainant shall be entitled to be heard and shall have process to enforce the attendance of witnesses.

AB588-ASA1, s. 54 Section 54. 195.041 of the statutes is amended to read:

AB588-ASA1,16,17 195.041 Separate rate hearings; absence of direct damage. The office may, when complaint is made of more than one water carrier rate or charge, order separate hearings thereon, and may consider and determine the several matters complained of separately and at such times as it may prescribe. No complaint shall at any time be dismissed because of the absence of direct damage to the complainant.

AB588-ASA1, s. 55 Section 55. 195.042 of the statutes is amended to read:

AB588-ASA1,16,25 195.042 Summary investigations. Whenever the office believes that any water carrier rate or charge may be unreasonable or unjustly discriminatory or that any service is inadequate or cannot be obtained or that an investigation of any matter relating to any water carrier or, if a matter arising under s. 192.324, 192.34, 195.20, 195.28 (1), 195.285 (1), 195.29 (1), (5), or (6), 195.31, or 195.32, to any railroad should for any reason be made, it may request the department to investigate the same with or without notice.

AB588-ASA1, s. 56 Section 56. 195.043 of the statutes is amended to read:

AB588-ASA1,17,8 195.043 Procedure after summary investigation. (1) If, after summary investigation by the department, the office becomes satisfied that sufficient grounds exist to warrant a formal hearing being ordered as to the matters investigated, it shall set a time and place for a hearing. The office shall publish notice of any such investigation in its weekly calendar and the any report of the department and all matters considered by the office with respect thereto shall be available for public inspection upon request.

AB588-ASA1,17,15 (2) Notice of the time and place for such hearing shall be given to the water carrier or railroad, and to such other interested persons as the office deems necessary, as provided in s. 195.04, and thereafter proceedings shall be had and conducted in reference to the matter investigated in like manner as though complaint had been filed with the office relative to the matter investigated, and the same order or orders may be made in reference thereto as if such investigation had been made on complaint.

AB588-ASA1, s. 57 Section 57. 195.05 (title) of the statutes is amended to read:

AB588-ASA1,17,18 195.05 (title) Office; water carrier rates, regulations, service, procedure.

AB588-ASA1, s. 58 Section 58. 195.05 (1) of the statutes is amended to read:

AB588-ASA1,18,2 195.05 (1) Orders for rates and service. Whenever the office shall find that any existing water carrier rate, fare, charge, or classification, or any joint rate, or any regulation or practice affecting the transportation of persons or property, or any service in connection therewith is unreasonable or unjustly discriminatory or that any service is inadequate, it shall determine and by order fix a reasonable rate, fare, charge, classification, joint rate, regulation, practice or service to be imposed, observed and followed in the future, in lieu of that found to be unreasonable or unjustly discriminatory or inadequate.

AB588-ASA1, s. 59 Section 59. 195.05 (3) of the statutes is amended to read:

AB588-ASA1,18,8 195.05 (3) Rates not changed by railroad water carrier. All railroads water carriers to which the order applies shall make such changes in their schedule on file as may be necessary to make the same conform to said order, and no change shall thereafter be made by any railroad water carrier in any such rates, fares or charges, or in any joint rates except as provided in s. 195.08.

AB588-ASA1, s. 60 Section 60. 195.05 (4) of the statutes is amended to read:

AB588-ASA1,18,13 195.05 (4) Modification of orders. The office may by order at any time, upon notice to the railroad water carrier and after opportunity to be heard, rescind, alter or amend any order fixing any rate or rates, fares, charges or classification, or any other order made by the office.

AB588-ASA1, s. 61 Section 61. 195.05 (5) and (6) of the statutes are repealed.

AB588-ASA1, s. 62 Section 62. 195.07 (1) of the statutes is amended to read:

AB588-ASA1,18,19 195.07 (1) Powers. The office shall inquire into the neglect or violation of the laws of this state by water carriers and railroads, or by the officers, agents or employees thereof, or by persons operating water carriers and railroads, and shall report violations to the attorney general.

AB588-ASA1, s. 63 Section 63. 195.07 (2) of the statutes is amended to read:

AB588-ASA1,18,25 195.07 (2) Attorney general and district attorney to prosecute. Upon request of the office, 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 water carriers and railroads.

AB588-ASA1, s. 64 Section 64. 195.08 (title) of the statutes is amended to read:

AB588-ASA1,19,2 195.08 (title) Railroad Water carrier rates, schedules, service.

AB588-ASA1, s. 65 Section 65. 195.08 (1r) of the statutes is amended to read:

AB588-ASA1,19,9 195.08 (1r) Service rates to be adequate and just. Every railroad water carrier shall furnish reasonably adequate service and facilities, and the charges made for the transportation of passengers or property or for any service in connection therewith, or for the receiving, switching, delivering, storing or handling of property shall be reasonable and just, and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful.

AB588-ASA1, s. 66 Section 66. 195.08 (2) of the statutes is amended to read:

AB588-ASA1,19,19 195.08 (2) Schedules; publication. Every railroad water carrier shall print in plain type and file with the office schedules which shall be open to public inspection showing all rates, fares and charges for the transportation of passengers and property and any service in connection therewith which it has established and which are in force at the time between all points in this state upon its line or any line controlled or operated by it. The schedules shall plainly state the places upon its line or any line controlled or operated by it in this state between which passengers and property will be carried, and there shall be filed therewith the classification of freight in force.

AB588-ASA1, s. 67 Section 67. 195.08 (3) of the statutes is amended to read:

AB588-ASA1,20,2 195.08 (3) Schedules, rules and regulations. Every railroad water carrier shall publish with and as a part of such schedules all rules and regulations that in any manner affect the rates charged or to be charged for the transportation of passengers or property, and its charges for delay in loading or unloading cars, for track and car service or rental and for demurrage, switching, terminal or transfer service, property or for rendering any other service in connection with the transportation of persons or property.

AB588-ASA1, s. 68 Section 68. 195.08 (4) of the statutes is amended to read:

AB588-ASA1,20,7 195.08 (4) Schedules, copies in depots terminals. Two copies of said schedules for the use of the public shall be kept in every depot, station terminal and office of such railroad water carrier in such form and place as to be easily accessible to the public.

AB588-ASA1, s. 69 Section 69. 195.08 (5) of the statutes is repealed.

AB588-ASA1, s. 70 Section 70. 195.08 (7) of the statutes is amended to read:

AB588-ASA1,20,17 195.08 (7) Changes in schedule. No change shall be made in any schedule, or in any classification, unless the change shall be plainly indicated upon existing schedules, or by filing new schedules in lieu thereof, 30 days prior to the time the same are to take effect. Copies of all new schedules shall be filed as hereinbefore provided required in this section in every depot, station terminal and office of such railroad water carrier at places to or from which the rates in such schedules apply, 30 days prior to the time the same are to take effect, unless the office of the commissioner of railroads shall prescribe a less time.