Amendment ASA1-AB588

LRBs0524/2

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2005 - 2006 LEGISLATURE

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: