5. Imposing requirements related to the qualifications of railroad conductors
and flagmen.
6. Imposing equipment and safety requirements for cabooses and engines.
However, the bill requires railroads to operate and maintain their equipment and
rolling stock in a reasonably adequate and safe manner consistent with federal law,
and authorizes OCR to participate in federal equipment inspection programs,
including the certification of OCR staff for inspection under federal law.
7. Imposing lighting requirements for track cars operated at night, visibility
marking requirements for engines and cars built in this state, and windshield and
canopy requirements for track cars operated in this state.
8. Requiring that locomotives be equipped with spark arresters meeting
standards of the Department of Natural Resources (DNR), providing DNR authority
to remove from service non-complying locomotives, and providing OCR authority to
make determinations related to spark arresters and similar devices.
9. Providing for complaints to OCR, and OCR hearings and orders, concerning
the safety of railroad bridges lacking walks and railings.
10. Providing for complaints to OCR, or action on OCR's own initiative, that a
bridge erected over a stream intersecting a highway upon which a railway is
constructed and operated is unsafe and dangerous to travelers and that public safety
requires the repair, alteration, or reconstruction (including in a different location) of
the bridge, and for OCR's authority to hold hearings and to order repair, alteration,
or reconstruction of the bridge.
11. Requiring railroads to maintain suitable telltales (arrangements of long
strips of rope, wire, or other material hanging from a bar over railroad tracks to warn
of an upcoming low overhead structure) wherever any part of an overhead structure
is less than 23 feet above the top of a rail, except where OCR authorizes an exception.
However, the bill requires telltales to the extent required under federal law and
authorizes OCR, if it finds that the 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 STB or FRA, to order the installation of a telltale.
12. Requiring railroads to report to OCR all collisions, derailments, or other
accidents resulting in injury to persons, equipment, or tracks, and authorizing OCR
to issue rules concerning the reporting of accidents and, if public interests require,
cause an investigation of any accident. However, the bill requires railroads to submit
to OCR a copy of any monthly accident or injury report provided by the railroad to
the applicable federal authority.
The bill also makes substantive modifications to modernize current law in the
following ways:
1. The bill prohibits any person (not just a person under the age of 17, as
provided under current law), other than a railroad employee, from getting on or off
a moving railroad car or train.
2. Under current law, a railroad must allow a specified amount of horizontal
clearance, which varies depending on the circumstances, between any building or
platform and the tracks. OCR may exempt any building or platform if it finds that
such an exemption is in the public interest and will not imperil life or limb. The bill
allows OCR to provide such an exemption without a hearing if no objection is made
after notice is given.
3. Under current law, upon petition to determine whether a public highway and
railroad grade crossing protects and promotes public safety, OCR may investigate
and issue an appropriate order, after a hearing or without a hearing if no objection
is made. OCR must determine whether the existing warning devices at the crossing
are adequate to protect and promote public safety. If OCR determines that protection
is not adequate, it may order suitable crossing protection or safety devices at specific
locations at the crossing. State regulation of railroad-highway crossing safety is
generally not preempted, although preemption may occur if federal funds participate
in the installation of crossing warning devices and the devices are subject to the
approval of the Federal Highway Administration. The bill authorizes OCR to
participate in federal signal inspection programs, including the certification of office
staff for signal inspection under federal law.
4. Current law requires railroads to maintain "Railroad Crossing" signs on
each side of the tracks wherever their tracks cross public highways or streets. The
bill modernizes terms used to refer to the "Railroad Crossing" sign, commonly known
as a crossbuck sign, and requires that these signs conform with the Manual on
Uniform Traffic Control Devices adopted by DOT.
The bill also creates a new provision specifically recognizing OCR's regulatory
jurisdiction over railroad safety practices related to railroad equipment, facilities,
rolling stock, and operations to the extent consistent with federal law, and
authorizing OCR to participate in federal investigative activities necessary to
enforce the federal safety regulations that apply to railroad equipment, facilities,
rolling stock, and operations in this state.
Additional provisions
The bill changes penalties for the following offenses from imposition of a fine
(a criminal penalty) or incarceration or both to imposition of a forfeiture (a civil
penalty):
1. Getting on or off a moving railroad car or train.
2. Horizontal clearance violations by a railroad.
3. Trespassing on a railroad.
4. Receiving a rebate, concession, or discrimination with respect to water
carrier transportation of property or any related service under which the property
is transported at a rate less than the tariff rate.
5. Certain offenses related to the furnishing, installation, placement, and
maintenance of advance warning signs near railroad-highway grade crossings.
However, the bill does not change the penalty for damaging or interfering with these
signs.
6. Willfully failing to sound an engine horn at a grade crossing.
The bill makes additional modifications to current state law in the following
ways:
1. Under current law, "railroad" is defined to include common carriers of
property by water which operate between fixed end points. Rather than include a
common carrier of property by water within the definition of a railroad, the bill
removes a water carrier from this definition and defines a "water carrier" to mean
a common carrier of property by water that operates between fixed end points, but
not including a water carrier under common control with a railroad when
transporting property for continuous carriage or shipment.
2. Under current law, no member of the PSC (to which OCR is attached) may
have a financial interest in a railroad or public utility. Also, the commissioner of
railroads may not have a financial interest in a railroad. This bill also prohibits any
member of the PSC or the commissioner of railroads from having a financial interest
in a water carrier.
3. The bill provides for OCR authority, in various circumstances where under
current law OCR requests DOT to conduct an investigation, to investigate the matter
itself.
4. The bill specifically provides for OCR authority to receive complaints, direct
investigation by DOT, and hold a hearing on the complaint with respect to any
railroad practice or activity under OCR's regulatory jurisdiction.
5. Current law provides that state laws apply to railroads in interstate
commerce only to the extent permitted by the federal constitution and federal laws.
The bill clarifies that all state laws relating to railroads apply only to the extent they
are not contrary to or inconsistent with any federal statute or regulation, or order of
an applicable federal agency, or the federal constitution.
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:
AB588, s. 1
1Section
1. 15.79 of the statutes is amended to read:
AB588,10,9
215.79 Public service commission; creation. There is created a public
3service commission. No member of the commission may have a financial interest in
4a railroad
, water carrier, or public utility. If any member voluntarily becomes so
5interested, the member's office shall become vacant. If the member involuntarily
6becomes so interested, the member's office shall become vacant unless the member
7divests himself or herself of the interest within a reasonable time. No commissioner
8may serve on or under any committee of a political party. Each commissioner shall
9hold office until a successor is appointed and qualified.
AB588, s. 2
10Section
2. 15.795 (1) of the statutes is amended to read:
AB588,11,511
15.795
(1) Office of the commissioner of railroads. There is created an office
12of the commissioner of railroads which is attached to the public service commission
13under s. 15.03, provided that s. 85.02 (1) does not apply to the office of the
1commissioner of railroads. The commissioner of railroads shall have expertise in
2railroad issues and may not have a financial interest in a railroad, as defined in s.
3195.02 (1)
, or a water carrier, as defined in s. 195.02 (5). The commissioner may not
4serve on or under any committee of a political party. The commissioner shall hold
5office until a successor is appointed and qualified.
AB588, s. 3
6Section
3. 20.155 (2) of the statutes is amended to read:
AB588,11,127
20.155
(2) Office of the commissioner of railroads. (g)
Railroad and water
8carrier regulation and general program operations. The amounts in the schedule for
9railroad
and water carrier regulation under chs. 189 to 192 and 195 and general
10program operations of the office of the commissioner of railroads. Ninety percent of
11all moneys received by the office under s. 195.60 or 201.10 (3) shall be credited to this
12appropriation.
AB588,11,1513
(m)
Railroad and water carrier regulation; federal funds. All moneys received
14from the federal government for the regulation of railroads
and water carriers, for
15such purposes.
AB588, s. 4
16Section
4. 25.40 (1) (f) 1. of the statutes is amended to read:
AB588,11,1917
25.40
(1) (f) 1. Moneys received from the federal government, for the regulation
18of railroads
and water carriers, that are deposited in the general fund and credited
19to the appropriation under s. 20.155 (2) (m).
AB588, s. 5
20Section
5. 26.20 (2), (3), (10) and (11) of the statutes are repealed.
AB588, s. 6
21Section
6. 85.01 (5) of the statutes is amended to read:
AB588,12,222
85.01
(5) "Railroad" means
a railroad as defined in s. 192.15 (2) (e), a railroad
23as defined in s. 195.02 (1) and any company, association, corporation or person
24managing, maintaining, operating or in possession of a railroad in whole or in part
1within this state whether as owner, contractor, lessee, mortgagee, trustee, assignee
2or receiver.
AB588, s. 7
3Section
7. 85.08 (4m) (e) 5. of the statutes is amended to read:
AB588,12,124
85.08
(4m) (e) 5. An application for a loan under this paragraph may not be
5made if an abandonment or discontinuance application is pending on the line or
6portion of line, or the line or portion of line on which the rail property improvements
7are located has been designated by the railroad to the
interstate commerce
8commission federal surface transportation board on its system diagram map as
9anticipated to be the subject of an abandonment or discontinuance application
10within a 3-year period following the date of the application or the date on which the
11loan is scheduled, unless the secretary determines that this restriction may be
12waived for a particular application.
AB588, s. 8
13Section
8. 85.09 (3) (a) of the statutes is amended to read:
AB588,12,1614
85.09
(3) (a) A certificate or approval of abandonment has been issued by the
15interstate commerce commission federal surface transportation board or federal
16court or any other federal or state agency having jurisdiction over the rail property.
AB588, s. 9
17Section
9. 182.018 (4) of the statutes is created to read:
AB588,12,2218
182.018
(4) This section applies only to the extent that it is not contrary to or
19inconsistent with
49 USC 10101 to
11908 and
20101 to
28302,
49 CFR 200 to
268,
20700 to
850, and
1001 to
1332, or any other federal statute or regulation, or any order
21of the federal railroad administration, surface transportation board, or other federal
22agency or authority.
AB588, s. 10
23Section
10. 189.02 (2m) of the statutes is created to read:
AB588,13,324
189.02
(2m) The office shall have regulatory jurisdiction over railroad safety
25practices related to railroad equipment, facilities, rolling stock, and operations in
1this state to the extent consistent with federal law. The office may participate in any
2investigative activities necessary to enforce the federal safety regulations that apply
3to railroad equipment, facilities, rolling stock, and operations in this state.
AB588, s. 11
4Section
11. 190.005 of the statutes is created to read:
AB588,13,10
5190.005 Scope of chapter. Each provision of this chapter applies only to the
6extent that it is not contrary to or inconsistent with
49 USC 10101 to
11908 and
20101 7to
28302,
49 CFR 200 to
268,
700 to
850, and
1001 to
1332, or any other federal statute
8or regulation, or any order of the federal railroad administration, surface
9transportation board, or other federal agency or authority, or the constitution of the
10United States.
AB588, s. 12
11Section
12. 190.02 (5) of the statutes is amended to read:
AB588,13,2212
190.02
(5) Cross highways, streets, streams; highway bridges. To construct its
13railroad across, over, under, along or upon any stream, watercourse, street, highway,
14road or canal
; to carry any highway, street or road which it shall intersect over or
15under its tracks as may be most expedient for the public good; to change the course
16and direction of any highway, street or road when made necessary or desirable by the
17construction of the railroad and acquire land necessary therefor; provided, such
18highway or road be not so changed from its original course more than six rods, nor
19its distance thereby lengthened more than five rods; and provided, further, that
20every, subject to the provisions of ch. 195, if any bridge erected over any highway or
21street
shall leave leaves a clear passageway at least
twenty 20 feet wide or
two 2 22passageways, each not less than
fourteen 14 feet in width.
AB588, s. 13
23Section
13. 190.025 (2) (b) of the statutes is amended to read:
AB588,14,1224
190.025
(2) (b) A railroad corporation that is subject to this subsection shall
25have all powers conferred by law upon railroad corporations. The railroad
1corporation may issue, sell, pledge or otherwise dispose of its evidences of debt, at
2such times, in such amounts, for such considerations and upon such terms and
3conditions as the board of directors of the corporation shall determine, and as shall
4be authorized by the office, or the
interstate commerce commission federal surface
5transportation board in the case of a railroad corporation organized for the purpose
6of acquiring a railroad engaged in interstate commerce, or any existing railroad
7corporation reorganized under the act and acquiring railroad property used in
8interstate commerce. The evidences of debt may be convertible, at the option of the
9holder, into stock, and shares of stock. The shares may have a nominal or par value
10or, if the shares are shares of common stock, be without nominal or par value. The
11shares may be of such classes, with such rights and voting powers as may be
12expressed in the corporation's articles or any amendment thereto.
AB588, s. 14
13Section
14. 190.16 (1), (3) and (4) of the statutes are repealed.
AB588, s. 15
14Section
15. 190.16 (2) of the statutes is amended to read:
AB588,14,2015
190.16
(2) Municipal consent. No
such spur tracks shall be constructed across,
16or upon any street, road or alley, within any city, village or town, until application
17therefor shall have been made to and acted upon by such city, village or town. The
18city may prescribe any reasonable terms and conditions for the construction of any
19such spur track.
Construction of spur tracks across or upon any street, road, or alley
20is subject to the provisions of ch. 195.
AB588, s. 16
21Section
16. 190.16 (5) of the statutes is amended to read:
AB588,15,522
190.16
(5) Removal, when. Except where a spur track was constructed prior
23to June 16, 1925, at the expense of the railroad company, no spur track shall be
24removed, dismantled or otherwise rendered unfit for service except upon order of 25When a spur track has been abandoned, as defined in s. 85.09, the office
made, after
1hearing held upon notice to all parties interested
, and for good cause shown
; provided 2may order the removal of the track except that
, if no objection has been filed with the
3office within 20 days from the original
publication of such notice, the office may
4without hearing authorize
such spur track removed, dismantled or otherwise
5rendered unfit for service the removal of the track.
AB588, s. 17
6Section
17. 191.001 of the statutes is renumbered 191.001 (intro.) and
7amended to read:
AB588,15,8
8191.001 Definition. (intro.) In this chapter
, "office":
AB588,15,9
9(1) "Office" means the office of the commissioner of railroads.
AB588, s. 18
10Section
18. 191.001 (2) of the statutes is created to read:
AB588,15,1111
191.001
(2) "Rail carrier" has the meaning given in
49 USC 10102 (5).
AB588, s. 19
12Section
19. 191.001 (3) of the statutes is created to read:
AB588,15,1313
191.001
(3) "Transportation" has the meaning given in
49 USC 10102 (9).
AB588, s. 20
14Section
20. 191.01 (1) of the statutes is amended to read:
AB588,15,2215
191.01
(1) Scope of this chapter. This chapter applies to all railroads
except
16rail carriers providing transportation subject to the jurisdiction of the federal surface
17transportation board under 49 USC 10501 and 10901 to 10907. Each provision of
18this chapter applies only to the extent that it is not contrary to or inconsistent with
1949 USC 10101 to 11908 and 20101 to 28302, 49 CFR 200 to 268, 700 to 850, and 1001
20to 1332, or any other federal statute or regulation, or any order of the federal railroad
21administration, surface transportation board, or other federal agency or authority,
22or the constitution of the United States.
AB588, s. 21
23Section
21. 191.17 of the statutes is amended to read:
AB588,16,8
24191.17 Public safety; investigation; approval of plans. Upon receiving
25the specification required by s. 191.16, the office shall examine the same and shall
1hear the applicant in support thereof, shall suggest and require modifications of the
2specification if the public safety so demands, eliminating so far as may be
3practicable, consistent with reasonable cost, all grade crossings of public highways,
4shall inspect the route of the proposed railroad if deemed desirable, and shall
5otherwise investigate and determine that the proposed construction will be adequate
6for securing public safety in the operation of the railroad, and thereupon the office
7shall enter an order approving the specification and authorizing the construction of
8the railroad in accordance therewith
and with the provisions of ch. 195.
AB588, s. 22
9Section
22. 191.19 (1) of the statutes is amended to read:
AB588,16,1710
191.19
(1) Upon the completion of the construction of any railroad under the
11approved specification, the company shall, before operating the same for public
12service, report to the office; and the office shall inspect the work. If the office finds
13that the railroad has been constructed in accordance with the approved specification
14and with the provisions of ch. 195 and is otherwise suitable and properly constructed
15so as to secure public safety in the operation thereof, the office shall enter an order
16authorizing its operation, which order shall be presumptive evidence of the
17sufficiency of such construction.
AB588, s. 23
18Section
23. 191.19 (3) of the statutes is amended to read:
AB588,16,2519
191.19
(3) If upon inspection the office shall deem that public safety requires
20the installation, operation and maintenance of some protective appliance at any
21grade crossing of railroad tracks the office may, before granting the order, after notice
22and hearing
under s. 195.28, require the installation, operation and maintenance of
23suitable protective appliances, and shall apportion the expense of constructing,
24maintaining and operating such protective appliances among the owners of the
25tracks.
AB588, s. 24
1Section
24. 192.005 of the statutes is created to read:
AB588,17,7
2192.005 Scope of chapter. Each provision of this chapter applies only to the
3extent that it is not contrary to or inconsistent with
49 USC 10101 to
11908 and
20101 4to
28302,
49 CFR 200 to
268,
700 to
850, and
1001 to
1332, or any other federal statute
5or regulation, or any order of the federal railroad administration, surface
6transportation board, or other federal agency or authority, or the constitution of the
7United States.
AB588, s. 25
8Section
25. 192.14 of the statutes is repealed.
AB588, s. 26
9Section
26. 192.145 of the statutes is created to read:
AB588,17,14
10192.145 Railroad equipment and rolling stock. Every railroad shall
11operate and maintain its equipment and rolling stock in a reasonably adequate and
12safe manner consistent with federal law. The office may participate in federal
13equipment inspection programs, including the certification of office staff for
14equipment inspection under federal law.
AB588, s. 27
15Section
27. 192.15, 192.18, 192.255, 192.266, 192.267 and 192.268 of the
16statutes are repealed.
AB588, s. 28
17Section
28. 192.29 (title) of the statutes is amended to read:
AB588,17,19
18192.29 (title)
Train speed horns and crossing signs at street and
19highway crossings.
AB588, s. 29
20Section
29. 192.29 (1) and (2) of the statutes are repealed.
AB588, s. 30
21Section
30. 192.29 (3) (title) of the statutes is amended to read:
AB588,17,2222
192.29
(3) (title)
Bell to ring Horn to sound, municipal authority.