AB977, s. 106
16Section
106. 195.04 (2) of the statutes is amended to read:
AB977,33,2017
195.04
(2) The
office department shall, prior to any hearing, notify the water
18carrier or railroad complained of that a complaint has been made, and 20 days after
19such notice has been given the
office department may proceed to set a time and place
20for a hearing.
AB977, s. 107
21Section
107. 195.04 (3) of the statutes is amended to read:
AB977,33,2522
195.04
(3) The
office department shall give the water carrier or railroad and
23the complainant 20 days' notice of the hearing and the matters to be considered and
24determined. Both the water carrier or railroad and the complainant shall be entitled
25to be heard and shall have process to enforce the attendance of witnesses.
AB977, s. 108
1Section
108. 195.041 of the statutes is amended to read:
AB977,34,7
2195.041 Separate rate hearings; absence of direct damage. The
office 3department may, when complaint is made of more than one water carrier rate or
4charge, order separate hearings thereon, and may consider and determine the
5several matters complained of separately and at such times as it may prescribe. No
6complaint shall at any time be dismissed because of the absence of direct damage to
7the complainant.
AB977, s. 109
8Section
109. 195.042 of the statutes is amended to read:
AB977,34,15
9195.042 Summary investigations. Whenever the
office department believes
10that any water carrier rate or charge may be unreasonable or unjustly
11discriminatory or that any service is inadequate or cannot be obtained or that an
12investigation of any matter relating to any water carrier or, if a matter arising under
13s. 192.324, 192.34, 195.20, 195.28 (1), 195.285 (1), 195.29 (1), (5), or (6), 195.31, or
14195.32, to any railroad should for any reason be made, it may investigate the same
15with or without notice.
AB977, s. 110
16Section
110. 195.043 (1) of the statutes is amended to read:
AB977,34,2217
195.043
(1) If, after summary investigation, the
office department becomes
18satisfied that sufficient grounds exist to warrant a formal hearing being ordered as
19to the matters investigated, it shall set a time and place for a hearing. The
office 20department shall publish notice of any such investigation in its weekly calendar and
21any report and all matters considered by the
office
department with respect thereto
22shall be available for public inspection upon request.
AB977, s. 111
23Section
111. 195.043 (2) of the statutes is amended to read:
AB977,35,524
195.043
(2) Notice of the time and place for such hearing shall be given to the
25water carrier or railroad, and to such other interested persons as the
office
1department deems necessary, as provided in s. 195.04, and thereafter proceedings
2shall be had and conducted in reference to the matter investigated in like manner
3as though complaint had been filed with the
office
department relative to the matter
4investigated, and the same order or orders may be made in reference thereto as if
5such investigation had been made on complaint.
AB977, s. 112
6Section
112. 195.044 (1) of the statutes is amended to read:
AB977,35,137
195.044
(1) Each witness who appears before the
office department or its agent,
8by its order, shall receive for attendance the fees and mileage now provided for
9witnesses in civil cases in courts of record, which shall be audited and paid by the
10state in the same manner as other expenses are audited and paid, upon the
11presentation of proper vouchers sworn to by such witnesses and approved by the
12office department. Said fees and mileage shall be charged to the appropriation for
13the
office department.
AB977, s. 113
14Section
113. 195.044 (2) of the statutes is amended to read:
AB977,35,1815
195.044
(2) No witness subpoenaed at the instance of parties other than the
16office department is entitled to compensation from the state for attendance or travel
17unless the
office department certifies that the witness' testimony was material to the
18matter investigated.
AB977, s. 114
19Section
114. 195.045 of the statutes is amended to read:
AB977,35,24
20195.045 Depositions. The
office department or any party may in any hearing
21cause the depositions of witnesses residing within or without the state to be taken
22in the manner prescribed by law for like depositions in civil actions in circuit courts.
23Any expense incurred or authorized by the
office
department in taking such
24depositions shall be charged to the appropriation for the
office department.
AB977, s. 115
25Section
115. 195.046 of the statutes is amended to read:
AB977,36,2
1195.046 Record. A full and complete record shall be kept of all proceedings
2before the
office or its hearing examiners department.
AB977, s. 116
3Section
116. 195.05 (title) of the statutes is amended to read:
AB977,36,5
4195.05 (title)
Office; water
Water carrier rates, regulations, service,
5procedure.
AB977, s. 117
6Section
117. 195.05 (1) of the statutes is amended to read:
AB977,36,147
195.05
(1) Orders for rates and service. Whenever the
office department shall
8find that any existing water carrier rate, fare, charge, or classification, or any joint
9rate, or any regulation or practice affecting the transportation of persons or property,
10or any service in connection therewith is unreasonable or unjustly discriminatory or
11that any service is inadequate, it shall determine and by order fix a reasonable rate,
12fare, charge, classification, joint rate, regulation, practice or service to be imposed,
13observed and followed in the future, in lieu of that found to be unreasonable or
14unjustly discriminatory or inadequate.
AB977, s. 118
15Section
118. 195.05 (2) of the statutes is amended to read:
AB977,36,2016
195.05
(2) Time to comply with orders. Where the order made relates to
17service, and the same cannot, in the judgment of the
office department, be complied
18with within 20 days, the
office department may prescribe such additional time as in
19its judgment is reasonably necessary to comply with the order and may on
20application and for good cause shown further extend the time.
AB977, s. 119
21Section
119. 195.05 (4) of the statutes is amended to read:
AB977,36,2522
195.05
(4) Modification of orders. The
office department may by order at any
23time, upon notice to the water carrier and after opportunity to be heard, rescind, alter
24or amend any order fixing any rate or rates, fares, charges or classification, or any
25other order made by the
office department.
AB977, s. 120
1Section
120. 195.055 of the statutes is amended to read:
AB977,37,4
2195.055 Judicial review. All Subject to s. 195.325, all orders and
3determinations of the
office department under this chapter are subject to judicial
4review under ch. 227.
AB977, s. 121
5Section
121. 195.06 of the statutes is amended to read:
AB977,37,14
6195.06 Office Department orders prima facie lawful. All orders,
7determinations and decisions made by the
office department shall be in force and
8effective 20 days after the same has been served as required by s. 227.48 unless the
9office department shall specify a different date upon which the same shall be
10effective, and shall be prima facie lawful, and all regulations, practices and service
11prescribed by the
office department shall be in force and shall be prima facie lawful
12and reasonable, until finally found otherwise upon
review thereof by the division of
13hearings and appeals under s. 195.325 and ch. 227 or upon judicial review thereof
14instituted pursuant to ch. 227.
AB977, s. 122
15Section
122. 195.07 (1) of the statutes is amended to read:
AB977,37,1916
195.07
(1) Powers. The
office department shall inquire into the neglect or
17violation of the laws of this state by water carriers and railroads, or by the officers,
18agents or employees thereof, or by persons operating water carriers and railroads,
19and shall report violations to the attorney general.
AB977, s. 123
20Section
123. 195.07 (2) of the statutes is amended to read:
AB977,37,2521
195.07
(2) Attorney general and district attorney to prosecute. Upon
22request of the
office department, the attorney general or the district attorney of the
23proper county shall aid in any investigation, hearing or trial had under, and shall
24institute and prosecute all necessary actions or proceedings for the enforcement of,
25laws relating to water carriers and railroads.
AB977, s. 124
1Section
124. 195.08 (2) of the statutes is amended to read:
AB977,38,102
195.08
(2) Schedules; publication. Every water carrier shall print in plain
3type and file with the
office department schedules which shall be open to public
4inspection showing all rates, fares and charges for the transportation of passengers
5and property and any service in connection therewith which it has established and
6which are in force at the time between all points in this state upon its line or any line
7controlled or operated by it. The schedules shall plainly state the places upon its line
8or any line controlled or operated by it in this state between which passengers and
9property will be carried, and there shall be filed therewith the classification of freight
10in force.
AB977, s. 125
11Section
125. 195.08 (7) of the statutes is amended to read:
AB977,38,1812
195.08
(7) Changes in schedule. No change shall be made in any schedule, or
13in any classification, unless the change shall be plainly indicated upon existing
14schedules, or by filing new schedules in lieu thereof, 30 days prior to the time the
15same are to take effect. Copies of all new schedules shall be filed as required in this
16section in every terminal and office of such water carrier at places to or from which
17the rates in such schedules apply, 30 days prior to the time the same are to take effect,
18unless the
office department shall prescribe a less time.
AB977, s. 126
19Section
126. 195.08 (9) of the statutes is amended to read:
AB977,39,1120
195.08
(9) Complaint against change in schedules. Whenever a complaint is
21filed with the
office department before any change in any water carrier schedule, or
22in any classification, rule, regulation or practice becomes effective to the effect that
23the change is unreasonable or unjustly discriminatory, the
office department shall
24give notice to the water carrier that a complaint has been made, may investigate the
25complaint and shall set the complaint for hearing. The
office department may, in its
1discretion, by order, stay the change pending the determination of the matters
2investigated at any time before the change shall take effect. If the change
3complained of is found unreasonable or unjustly discriminatory, the change shall not
4take effect and, if the change has become effective, the
office department shall order
5the discontinuance thereof. The
office department may fix and order substituted for
6any such change such rates, joint rates, fares, charges, classification, rule,
7regulation, practice or service as it shall have determined to be just and reasonable
8and which shall be charged, imposed or followed in the future, and shall make such
9order respecting such rule, regulation, practice or service as it shall determine to be
10reasonable and which shall be observed and followed in the future. Procedure and
11notice shall be as provided in s. 195.04 (2) to (4).
AB977, s. 127
12Section
127. 195.10 of the statutes is amended to read:
AB977,39,22
13195.10 Emergency rates. The
office department shall have power, when
14deemed by it necessary to prevent injury to the business or interests of the people or
15water carriers of this state in consequence of any emergency to be judged of by the
16office department, to temporarily alter, amend, or, with the consent of the water
17carrier company concerned, suspend any existing passenger rates, freight rates,
18schedules and orders on any water carrier in this state. Such rates so made by the
19office department shall apply on one or more of the water carriers in this state or any
20portion thereof as may be directed by the
office
department, and shall take effect at
21such time and remain in force for such length of time as may be prescribed by the
22office department.
AB977, s. 128
23Section
128. 195.15 of the statutes is amended to read:
AB977,40,4
24195.15 Transportation contracts, filed. Every water carrier shall, when
25required and within the time fixed by the
office
department, deliver to the
office
1department for its use copies of all contracts which relate to the transportation of
2persons or property, or any service in connection therewith, made or entered into by
3it with any other water carrier or any shipper or other person doing business with
4it.
AB977, s. 129
5Section
129. 195.16 of the statutes is amended to read:
AB977,40,11
6195.16 Pass lists. Every water carrier shall keep and for 2 years preserve a
7record of every ticket, pass or mileage book issued to a resident of this state free or
8for a money consideration less than that charged the general public. Such record
9shall consist of the name of the recipient, the amount received, and the reason for
10issuance, and shall be open to inspection by the
office department upon reasonable
11notice during such period of 2 years.
AB977, s. 130
12Section
130. 195.20 of the statutes is amended to read:
AB977,40,22
13195.20 Joint use of railroad property. Whenever, upon complaint and after
14hearing had, the
office department finds that public convenience and necessity
15require the use by one or more railroads of the tracks, wires, poles, rights-of-way,
16switches, bridges or other property belonging to another railroad over or on any
17street, railroad, railway, right-of-way, bridge or viaduct, upon or over which said
18railroads have a right to operate, and that such use will not prevent the owners or
19other users thereof from performing their public duties, nor result in irreparable
20injury to such owners or other users thereof, the
office department may, by order,
21direct that such use be permitted, and prescribe a reasonable compensation and
22reasonable terms and conditions for such joint use.
AB977, s. 131
23Section
131. 195.21 of the statutes is amended to read:
AB977,41,13
24195.21 Warehouses. Any person proposing to erect or maintain a public
25elevator or public warehouse for the purchase, sale, storage, receiving or shipping of
1grain, or other personal property, to be received from or transported upon any water
2carrier, shall be furnished by such water carrier at a reasonable rental, a site upon
3its property or terminal; and any private elevator or warehouse situated upon such
4grounds may be converted into a public elevator or warehouse at the option of the
5owner, upon notice in writing to the water carrier and thereby be permitted to remain
6thereon under the same conditions as provided herein for a public elevator or
7warehouse; and the
office department shall, upon application by such owner, if the
8public interest so requires, by order, direct the water carrier to furnish such site and
9the
office department shall make reasonable regulations therefor and in case of
10disagreement, the
office department shall determine the rental therefor. Elevators
11and warehouses erected or maintained under the foregoing provisions of this section
12shall be subject to such rules and regulations as to charges and the manner of
13conducting business as the
office department shall prescribe.
AB977, s. 132
14Section
132. 195.26 of the statutes is amended to read:
AB977,41,23
15195.26 Safety devices; block system. Every railroad and water carrier shall
16adopt reasonably adequate safety measures and install, operate and maintain
17reasonably adequate safety devices for the protection of life and property to the
18extent consistent with federal law. If after investigation the
office department shall
19determine that public safety requires it, the
office
department may, if permitted
20under federal law, order a railroad to install, operate and maintain a block system
21or order a railroad or water carrier to install, operate, and maintain any other safety
22device or measure as may be necessary to render the operation of the railroad or
23water carrier reasonably safe.
AB977, s. 133
24Section
133. 195.28 (1) of the statutes is amended to read:
AB977,42,24
1195.28
(1) Petition; hearing; order. Upon petition of
the department, city
a
2city council, village board, town board, superintendent of highways or by 5 or more
3electors in any town, village or city, or of any railroad corporation or railroad
4historical society, to determine whether a public highway and railroad grade crossing
5protects and promotes public safety,
or upon its own motion, the
office department 6may investigate and issue an appropriate order without a public hearing. If the
7petitioner, railroad, railroad historical society or any interested party objects to the
8order and requests a hearing within 20 days after the date that the order is issued,
9the
office department shall proceed under s. 195.04.
Notice of an investigation or
10hearing shall be served upon the department, which shall be an interested party, and
11any recommendation it may file with the office at or prior to a hearing, if there is one,
12regarding crossing protection shall be considered as evidence in the proceeding. The
13office department shall determine whether the existing warning devices at such
14crossing are adequate to protect and promote public safety. If the
office department 15determines, either without or after a hearing, that protection is not adequate, it may
16order the railroad company or railroad historical society to keep a flagman at the
17crossing or to install automatic signals or other suitable safety device at specific
18locations at such crossing. The
office department may order the relocation of existing
19signals and devices to improve protection at a crossing. Any crossing protection
20installed or maintained as approved by the
office
department, whether by order or
21otherwise, shall be deemed adequate and appropriate protection for the crossing.
If
22an interested party objects to the department's order and requests a hearing, the
23department shall refer the matter to the division of hearings and appeals for review
24as provided in s. 195.325.
AB977, s. 134
25Section
134. 195.28 (1m) of the statutes is amended to read:
AB977,43,3
1195.28
(1m) Arterial stop signs. In any proceeding under sub. (1), the
office 2department may by order require that the state or municipality install at any
3crossing involved in such proceeding an official stop sign.
AB977, s. 135
4Section
135. 195.28 (3) of the statutes is amended to read:
AB977,43,175
195.28
(3) Maintenance costs. Except as otherwise provided in this
6subsection, the cost of maintaining crossing protection devices ordered under sub. (1)
7shall be the responsibility of the railroad or railroad historical society. Any railroad
8company or railroad historical society that incurs expenses for maintenance of
9signals or other safety devices may file a claim for reimbursement with the
10department regardless of the date of installation of the signals or devices. At the
11close of each fiscal year the department shall reimburse claimants under this
12subsection for
50% 50 percent of the costs, as determined by the
office department,
13incurred for maintenance of railroad crossing protection devices from the
14appropriations under s. 20.395 (2) (gj) and (gq). If the amount in the appropriations
15under s. 20.395 (2) (gj) and (gq) is not adequate to fund maintenance reimbursement
16under this subsection, the amount shall be prorated in the manner determined by
17the
office department.
AB977, s. 136
18Section
136. 195.28 (4) of the statutes is amended to read:
AB977,43,2119
195.28
(4) Previous office orders. Subsection (3) applies to maintenance costs
20for all crossing protection devices regardless of any prior order
of the office 21apportioning maintenance costs.
AB977, s. 137
22Section
137. 195.285 (1) of the statutes is amended to read:
AB977,44,1323
195.285
(1) Upon the petition of a railroad corporation
, the department, or the
24governing body of any city, village, town or county asserting that the stopping of
25vehicles under s. 346.45 at a railroad crossing is hazardous to human life,
or upon
1its own motion, the
office department shall hold a hearing on the matter as provided
2under s. 195.04.
Notice of petition shall be served upon the department, which shall
3be an interested party, and any recommendations it may file with the office regarding
4the hazardous effect of vehicles stopping at such crossings shall be considered as
5evidence in the proceedings. Upon the recommendation of the department and
6concurrence by the office, the petition may be dismissed without holding a hearing.
7 If, upon the public hearing, the
office department determines that it would be in the
8public interest to exempt vehicles specified in s. 346.45 from stopping at such grade
9crossing, it may order the public body having jurisdiction over the highway to erect
10signs, signals, markings or other devices exempting such vehicles from stopping at
11the crossing.
If an interested party objects to the department's order and requests
12a hearing, the department shall refer the matter to the division of hearings and
13appeals for review as provided in s. 195.325.
AB977, s. 138
14Section
138. 195.285 (2) of the statutes is amended to read:
AB977,44,1715
195.285
(2) Signs placed upon the order of the
office department under this
16section shall exempt vehicles from stopping as required under s. 346.45, unless a
17train or engine is occupying or approaching the crossing.
AB977, s. 139
18Section
139. 195.285 (3) of the statutes is amended to read:
AB977,44,2319
195.285
(3) The department shall establish standards for the type of signs,
20signals, markings or other devices for exempting vehicles from stopping as required
21under s. 346.45 and their location in relation to the highway and railroad track. The
22office department may upon petition or its own motion, with or without a hearing,
23order the removal of a sign exempting vehicles from stopping at a crossing.
AB977, s. 140
24Section
140. 195.286 (2) of the statutes is amended to read:
AB977,45,3
1195.286
(2) Signs described. Such signs shall be round and of a size, color and
2message as specified by the department
and approved by the office. Any change in
3these signs shall not be retroactive.
AB977, s. 141
4Section
141. 195.286 (5) of the statutes is amended to read:
AB977,45,95
195.286
(5) Other signs prohibited. No other sign of the general size or
6appearance of the signs provided for in this section shall be placed or permitted upon
7any highway, nor any sign between such advance signs except signs or signals
8required by law or permitted by the
office department for protection at railway
9crossings.
AB977, s. 142
10Section
142. 195.286 (8) of the statutes is amended to read:
AB977,45,1411
195.286
(8) Prosecutions. The district attorney shall prosecute any person
12violating this section, or begin and maintain any civil action necessary for its
13enforcement upon the demand of any county highway commissioner
, or the
14department
, or the office.
AB977, s. 143
15Section
143. 195.29 (1) of the statutes is amended to read:
AB977,46,1816
195.29
(1) Petition, hearing, order. Upon petition by the common council or
17board of any city, village, town or county within or bordering upon which a highway
18or street crosses a railroad, or a highway or street is proposed to be laid out across
19a railroad, or a public highway bridge across a railroad is required to connect existing
20streets or highways, or upon petition by any railroad whose track crosses or is about
21to cross, or is crossed or about to be crossed by a street or highway, or upon
petition
22by the department its own motion, in cases where provision has been made for the
23improvement of the highway adjacent to such crossing under any state aid or federal
24aid law, that public safety requires an alteration in such crossing, its approaches, the
25method of crossing, the location of the highway or crossing, or the closing of the
1crossing, and the substitution of another therefor at grade or not at grade, or the
2removal of obstructions to the view at such crossing, the relocation of the highway,
3or requires the determination of the manner of making such new crossing, or of
4making the proposed improvement or promoting the public safety or public
5convenience through any other reasonable method, and praying that the same may
6be ordered, the
office department shall give notice to the parties in interest and
7proceed to investigate the same and to order a hearing thereon in the manner
8provided by s. 195.04. The
office department shall determine what, if anything, shall
9be done to promote the public safety and the means by which it shall be accomplished,
10whether by the relocation of the highway, the alteration in such crossing, approaches,
11mode of crossing, location of highway crossing, closing of highway crossing, with or
12without the substitution of another therefor, the construction of a public highway
13bridge, the removal of obstructions to sight at crossing, or by the use of other
14reasonable methods, and by whom the same shall be made, and in case of new
15crossings the advisability of allowing such crossings to be established and manner
16of making them.
If an interested party objects to the department's order and requests
17a hearing, the department shall refer the matter to the division of hearings and
18appeals for review as provided in s. 195.325.
AB977, s. 144
19Section
144. 195.29 (2) of the statutes is amended to read:
AB977,47,320
195.29
(2) Apportionment of expense. The
office department shall fix the
21proportion of the cost and expense of alterations, removals and new crossings, or any
22other work ordered, including the damages to any person whose land is taken, and
23the special damages which the owner of any land adjoining the public street or
24highway shall sustain by reason of a change in the grade of such street or highway,
25or by reason of the removal of obstructions to view at such crossings, to be paid or
1borne by the railroad companies and the municipalities in interest. In fixing such
2proportion, the
office department may order such cost and expense so apportioned
3to be paid by the parties against which the apportionment shall be made.
AB977, s. 145
4Section
145. 195.29 (3) of the statutes is amended to read:
AB977,47,165
195.29
(3) Restoration of spur tracks. Whenever the
office department shall
6have ordered a separation of the grade of a railway from the grade of a street or
7highway, it may, if safe and practicable and if a necessity exists therefor, order the
8alteration, restoration and connection of any track serving an industry. Demand for
9such restoration shall be in writing and filed with the
office department within 90
10days after the date of the order for the separation of grades, and any such track for
11which no such demand shall have been made shall be deemed abandoned. If the
12office department shall order the alteration, restoration and connection of any such
13track, it shall by its order apportion the cost thereof between the owner of the
14industry served and the railway company, in such proportion as to the
office 15department may seem just and equitable; and the
office department shall in its order
16prescribe the terms and conditions for securing the payment of such cost.
AB977, s. 146
17Section
146. 195.29 (4) of the statutes is amended to read:
AB977,48,1818
195.29
(4) Grade separation in Milwaukee County. The
office department may
19upon petition of any town, city or village, or upon its own motion, when the interests
20of the public demand it and it is found practicable so to do, establish the grade of the
21tracks of any railroad, or of all the railroads throughout any county having a
22population of 500,000 or more, or any part thereof, and the grades of the streets or
23highways, or any of them, where they cross such railroad track or tracks, in
24anticipation of the future separation of grades of the railroad tracks from the grades
25of such streets or highways. The
office department, before making any such order,
1shall mail notice to the railroad company or companies affected, the owners or
2occupants of any building abutting on that part of the railroad the grade of which is
3to be established, all 1st class cities in the county, and if the grades to be established
4are outside the 1st class city, the towns, cities or villages in which such grades are
5to be established, of the filing of such petition or that the
office department 6contemplates establishing such grades, and fixing a time at which the 1st class cities
7and such other towns, cities or villages and the railroad company or companies
8affected thereby and any other person or corporation interested therein may be
9heard. The grades so established under this subsection shall be described by
10reference to a base or datum line to be established by the
office department, from
11which all elevations and the height of all grades shall be measured, and the grades
12so established shall be such that when brought to the established grade the railroad
13tracks will cross the streets and highways above or below the same. Such order shall
14not necessarily require a present change in grade but the
office department may at
15any time order the railroad track or tracks and the street and highways brought to
16the grade established or any street or highways closed by the order, in accordance
17with sub. (1), and may, at the time of making the order, apportion the cost of
18separating the grades as provided in sub. (2).
AB977, s. 147
19Section
147. 195.29 (5) of the statutes is amended to read:
AB977,49,1320
195.29
(5) Elimination of grade crossings, costs. Upon
its own motion or upon 21petition of the
department, or of the common council or board of any city, village,
22town, or county, alleging that one or more of them have undertaken or propose to
23undertake to relocate or improve an existing highway or to construct a new highway
24in such manner as to eliminate a highway grade crossing with any railroad or so as
25to permanently divert a material portion of the highway traffic from a highway grade
1crossing with any railroad, the
office department shall issue notice of investigation
2and hearing, as provided in s. 195.04. If upon such hearing the
office department 3finds that the public safety will be promoted by the highway relocation,
4improvement, or new construction, the
office department shall order the old
5crossings closed and new crossings opened as are deemed necessary for public safety.
6The order shall require the railroad company or companies to pay to the interested
7municipality or municipalities such sum as the
office
department finds to be an
8equitable portion of the cost of the highway relocation, improvement, or new
9construction, if the work is performed by the municipalities; or to the secretary of
10administration if the work is performed by the state; or to the proper county
11treasurer if the work is performed by the county. The sum shall be added to the joint
12fund available for the improvement and may be expended in like manner as the other
13portions of the fund.
AB977, s. 148
14Section
148. 195.29 (6) of the statutes is amended to read:
AB977,50,1415
195.29
(6) View at crossings; trees and brush near crossings; forfeiture.
16Every railroad shall keep its right-of-way clear of brush or trees for a distance of not
17less than 330 feet in each direction from the center of its intersection at grade with
18any public highway, and for such further distance as is necessary to provide an
19adequate view of approaching trains, from the highway. Every municipality shall
20keep the public highways within its jurisdiction clear of brush and shall adequately
21trim all trees within 330 feet of the center of any railroad highway grade crossing.
22Every person or corporation owning or occupying any land adjacent to any railroad
23highway grade crossing shall keep all brush cut and adequately trim all trees on the
24land within the triangles bounded on 2 sides by the railway and the highway, and on
25the 3rd side by a line connecting points on the center lines of the railway and the
1highway, 330 feet from the intersection of the center lines. The
office department,
2upon its own motion, or upon any complaint to the effect that any work required by
3this subsection has not been performed, after due notice and hearing, may order the
4corporation, municipality or person at fault to perform the work; provided, however,
5that if the physical conditions at any crossing are such that the performance of the
6required work will not materially improve the view for highway traffic, or, if
7unreasonable loss would be caused thereby, the
office
department may excuse the
8party in interest from performing the same. The
office department may also order
9the cutting of brush and the trimming of trees at private farm crossings as may be
10necessary and reasonable. If any person shall violate any provision of this section,
11or shall fail, neglect or refuse to obey any order made by the
office department under
12this section, or any judgment
, order, or decree made by
the division of hearings and
13appeals or any court upon such an order, for every such violation, failure or refusal
14such person shall forfeit not less than $25 nor more than $150.
AB977, s. 149
15Section
149. 195.29 (7) of the statutes is amended to read:
AB977,50,1916
195.29
(7) Structure requirements. Whenever the
office department shall
17order the construction or reconstruction of a crossing not at grade, it may direct that
18the structure required shall be of such character and constructed of such materials
19as it shall deem appropriate to the situation and necessary for the public interest.
AB977, s. 150
20Section
150. 195.29 (9) of the statutes is created to read: