AB977: Bill Text

AB977,8,12 84.05 Railroad crossing improvements. On a highway which the department has authority to construct and which crosses a railroad, if the department determines that the construction or reconstruction of a grade separation or the rearrangement or elimination of a grade crossing or other rearrangement of the highway or tracks is necessary in the interest of public safety or for convenience of public travel, the department shall make a plan of the construction proposed and an estimate of the cost thereof, including the cost of needed right-of-way; and shall endeavor to make an arrangement with all persons concerned as to all matters involved in the plan, including the portion of the cost of the contemplated work which the persons shall defray. If the department is unable to contract with the persons concerned as to the distribution and payment of the cost of the work or the maintenance thereof, the department shall lay the matter before the office of the commissioner of railroads, and the office of the commissioner of railroads shall review the proceedings and hold a hearing thereon in accordance with ss. 195.28 and 195.29, and shall fix the portion of the cost of the construction and of the maintenance which is to be paid by the persons or corporations concerned, and the portion of the cost, if any, to be paid by the public, which portion shall be paid from the transportation fund. The office of the commissioner of railroads department shall determine the benefits, if any, which will inure to other highways, and apportion and charge to the units of government responsible for the construction of such other highways a fair portion of the cost. If an interested party objects to the department's order under this section and requests a hearing, the department shall refer the order to the division of hearings and appeals for review as provided in s. 195.325.

AB977, s. 17 Section 17. 86.001 (2m) of the statutes is repealed.

AB977, s. 18 Section 18. 86.12 (2) of the statutes is amended to read:

AB977,8,20 86.12 (2) If a railroad company fails to comply with the resolution in sub. (1) within 30 days after service of the resolution, the county board, common council, village board or town board may file a complaint with the office department alleging the failure. The office department shall investigate and determine the matter in controversy as provided in ch. 195. An order issued by the office department under this subsection has the same effect as an order in a proceeding brought under ch. 195.

AB977, s. 19 Section 19. 86.13 (3) of the statutes is amended to read:

AB977,9,4 86.13 (3) If any railroad company fails to grade, construct, pave, surface or otherwise improve or maintain in good and safe condition for public travel as required by this section any street or highway crossing after having been notified so to do by the officer in charge thereof or of the highway improvement for 30 days after such notification, the highway authorities may file a complaint with the office department. The office department shall investigate and determine the matter in controversy as provided in ch. 195. An order issued by the office department under this subsection has the same effect as an order in a proceeding brought under ch. 195.

AB977, s. 20 Section 20. 88.66 (2) of the statutes is amended to read:

AB977,9,19 88.66 (2) Every district whose drains cross the right-of-way of a railway company is liable to such company for the reasonable cost of opening its right-of-way and also for the cost of the culverts and bridges made necessary by such drain. The drainage board shall include such costs in its cost of construction, as set forth in its report of benefits and damages, and shall award them as damages to the railway company. The bridge or culvert shall be designed by the district's engineer and the design submitted to the railway company for approval. If a dispute arises as to the adequacy of the design, either party may submit the dispute to the office of the commissioner of railroads division of hearings and appeals in the department of administration by filing with the office division of hearings and appeals a statement as to the facts involved and the nature of the dispute. The office division of hearings and appeals shall investigate and determine the matter in controversy in accordance with ch. 195, and any order it makes in such proceeding has the same effect as an order in any other proceeding properly brought under ch. 195.

AB977, s. 21 Section 21. 88.87 (4) of the statutes is amended to read:

AB977,9,25 88.87 (4) If a railway company fails to comply with sub. (2), any person aggrieved thereby may file a complaint with the office of the commissioner of railroads division of hearings and appeals in the department of administration setting forth the facts. The office division of hearings and appeals shall investigate and determine the matter in controversy in accordance with ch. 195, and any order it makes in such proceeding has the same effect as an order in any other proceeding properly brought under ch. 195.

AB977, s. 22 Section 22. 88.88 (2) of the statutes is amended to read:

AB977,10,10 88.88 (2) If the railway company fails to comply with sub. (1), the person aggrieved thereby may file a complaint with the office of the commissioner of railroads division of hearings and appeals in the department of administration setting forth the facts. The office division of hearings and appeals shall investigate and determine the matter in controversy in accordance with ch. 195, and any order it makes in such proceeding has the same effect as an order in any other proceeding properly brought under ch. 195.

AB977, s. 23 Section 23. 182.36 (3) of the statutes is amended to read:

AB977,10,23 182.36 (3) The corporation may enter into contracts with public utilities, including and railroads, for the removal or change in location of the lines of such public utilities and railroads where the same is deemed necessary by the corporation in the construction of the project. Such contracts shall be for the payment of damages caused the utilities and railroads by the relocation of their lines. In the event the corporation and the utility or railroad are unable to reach an agreement, the public service commission in the case of a utility or the department of transportation in the case of a railroad shall direct the manner, location and time allowed for the change in the utility or railroad line and the corporation shall be liable for the reasonable costs of such change. In the event the public utility or railroad fails to comply with the order of the public service commission or department of transportation it shall be liable to the corporation for all damages occasioned by such failure.

AB977, s. 24 Section 24. Chapter 189 of the statutes is repealed.

AB977, s. 25 Section 25. 190.001 of the statutes is repealed and recreated to read:

AB977,11,2 190.001 Definition. In this chapter, "division of hearings and appeals" means the division of hearings and appeals in the department of administration.

AB977, s. 26 Section 26. 190.02 (6) of the statutes is amended to read:

AB977,11,10 190.02 (6) Railroad intersections. To cross, intersect, join or unite its railroad with any other railroad, at any point, with the necessary turnouts, sidings and switches and other conveniences in furtherance of the objects of its connections. And if the 2 corporations cannot agree upon the amount of compensation to be made therefor or the points and manner of such crossings and connections the same shall be ascertained by the office division of hearings and appeals on application of either corporation.

AB977, s. 27 Section 27. 190.025 (2) (b) of the statutes is amended to read:

AB977,11,25 190.025 (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 department of financial institutions, or the 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.

AB977, s. 28 Section 28. 190.03 of the statutes is amended to read:

AB977,12,16 190.03 Office in state; books produced. Any railroad corporation existing under the laws of this state shall produce before the office of the commissioner of railroads department of financial institutions, the legislature, or any committee of either house, or any court of record, its books of account and stock books, or so many and such parts thereof as may be required by them, or in the discretion of the office of the commissioner of railroads department of financial institutions, legislature, committee or court, transcripts from such books, or such parts thereof as may be called for, duly authenticated; and each such railroad corporation shall designate some office within this state as its principal office and inform the office of the commissioner of railroads department of financial institutions of such designation, and shall keep there or at the office of its transfer agents or registrars a list of its stockholders, giving the names and addresses of its stockholders, together with a statement of the number and class of shares of its stock held by each of them, as shown by its books. A failure or refusal to comply with any of the foregoing provisions shall be cause of forfeiture of its franchises.

AB977, s. 29 Section 29. 190.13 of the statutes is amended to read:

AB977,13,2 190.13 Report to stockholders. Every railroad corporation shall make an annual report to its stockholders of its operations for the preceding calendar year, or for its fiscal year, as the case may be, which report shall contain a balance sheet showing its assets and liabilities, its capital stock, and funded debt, and an income account showing its operating revenues, operating expenses, gross and net income, as the result of its traffic or business operations, and such other information in respect of its affairs as the board of directors shall deem advisable. A copy of each such report shall be kept on file in its principal office in this state, shall be mailed to each stockholder whose post-office address is known and shall be filed with the office of the commissioner of railroads department of financial institutions.

AB977, s. 30 Section 30. 190.16 (5) of the statutes is amended to read:

AB977,13,11 190.16 (5) Removal, when. When a spur track has been abandoned, as defined in s. 85.09, the office department of transportation or the division of hearings and appeals, after hearing held upon notice to all parties interested and for good cause shown, may order the removal of the track except that, if no objection has been filed with the office department of transportation or the division of hearings and appeals within 20 days from the original notice, the office department of transportation or the division of hearings and appeals may without hearing authorize the removal of the track.

AB977, s. 31 Section 31. 191.001 of the statutes is amended to read:

AB977,13,14 191.001 Definition. In this chapter, "office" "department" means the office of the commissioner of railroads department of transportation.

AB977, s. 32 Section 32. 191.01 (2) of the statutes is amended to read:

AB977,13,21 191.01 (2) Construction, certificate from office department prerequisite. No railroad corporation shall begin the construction of any proposed line of railroad in this state until it shall have obtained from the office department a certificate that public convenience and a necessity require the construction of the railroad, and the certificate shall constitute the license from this state to the company to build its proposed railroad.

AB977, s. 33 Section 33. 191.03 of the statutes is amended to read:

AB977,14,3 191.03 Articles; publication prerequisite to certificate. No railroad corporation shall make application for a certificate unless it has caused a copy of its corporate articles to be published as a class 2 notice, under ch. 985, in each county in which the railroad is proposed to be located within 6 months next prior to the time of making such application, and files satisfactory proof thereof with the office department.

AB977, s. 34 Section 34. 191.05 of the statutes is amended to read:

AB977,14,9 191.05 Maps and profiles with application; changes. Complete maps and profiles of the proposed railroad shall be filed with the application for a certificate of convenience and necessity. The office department may permit errors, omissions or defects in the application, maps and profiles to be supplied or corrected, and permit changes in the proposed route to be made.

AB977, s. 35 Section 35. 191.07 of the statutes is amended to read:

AB977,14,19 191.07 Hearing of applicants; notice. Upon receiving such application the office department shall set a time and place for a hearing, which time shall not be less than 3 weeks nor more than 8 weeks from the date of filing the application, and the place shall be at the city of Madison, or at some place along the line of the proposed railroad, if the office department deems the latter more convenient, and shall give to the applicant notice thereof, which notice shall be published by the applicant, as a class 2 notice, under ch. 985, in each county in which the railroad, extension or branch is proposed to be located, and proof of such publication shall be filed with the office department.

AB977, s. 36 Section 36. 191.09 (1) of the statutes is amended to read:

AB977,15,3 191.09 (1) Before the office department. The provisions of ch. 195 relating to the subpoenaing of witnesses, the production of books, documents and papers, the administration of oaths, punishment for disobedience of an order of the office of the commissioner of railroads department, or of a subpoena, or for refusal of a witness to be sworn or to testify, witness fees, taking depositions, the keeping of a record of the proceedings, the taking of testimony, transcribing the evidence, or relating to the procedure before the office department not inconsistent with this chapter shall apply to all proceedings under this chapter.

AB977, s. 37 Section 37. 191.09 (2) of the statutes is amended to read:

AB977,15,6 191.09 (2) Court review of orders. Orders of the office department under this chapter shall be subject to review in the manner provided in ch. 227.

AB977, s. 38 Section 38. 191.10 (1) of the statutes is amended to read:

AB977,15,20 191.10 (1) Issuance, filing, recording, condemnation. If the office of the commissioner of railroads department finds that the proposed railroad would be a public convenience and that a necessity requires its construction, the office of the commissioner of railroads department shall enter an order to that effect and issue to the applicant a certificate that public convenience and a necessity require the construction of the railroad as proposed. The certificate shall be filed in the office of the department of financial institutions and the department of financial institutions shall approve the map showing the route of the railroad. The applicant shall record the map certified by the office of the commissioner of railroads department in the office of the register of deeds in each county in which the railroad shall be located. The filing of the certificate with the department of financial institutions and the recording of the map, as above provided, are conditions precedent to the right of the applicant to institute condemnation proceedings.

AB977, s. 39 Section 39. 191.10 (2) of the statutes is amended to read:

AB977,16,2 191.10 (2) Certificate for part of line. Whenever it shall appear to the office department that public convenience and a necessity do not require the construction of the railroad as proposed in the application, but do require the construction of a part thereof, the office department may issue a certificate for the construction of such part of the railroad as public convenience and necessity require.

AB977, s. 40 Section 40. 191.10 (3) of the statutes is amended to read:

AB977,16,8 191.10 (3) Refusal of certificate; renewal of application. If the office shall determine department determines that the proposed railroad is not a necessity or is not required by public convenience, the office department shall by order refuse to grant a certificate, stating the reasons for the refusal. The application may be renewed after 2 years from the date of the refusal, but not sooner.

AB977, s. 41 Section 41. 191.11 of the statutes is amended to read:

AB977,16,16 191.11 Revocation of certificate. If any railroad company after obtaining a certificate that public convenience and a necessity require the construction of the whole or part of its railroad fails to begin construction within one year from the date of the certificate, or having begun such construction, fails to prosecute the same, the office department may inquire into the reasons for such failure and may revoke the certificate, if the office department finds, after notice and hearing, that such failure is unreasonable.

AB977, s. 42 Section 42. 191.13 (2) of the statutes is amended to read:

AB977,17,3 191.13 (2) No railroad corporation shall exercise such power until it has obtained from the office department a certificate that public convenience and necessity require the construction of the temporary railroad, and the certificate shall constitute the license to the company to build its proposed temporary railroad. The certificate shall specify the length of time the railroad may be maintained and operated, and may be renewed from time to time upon application by the railroad company. At the expiration of the time specified in the certificate, or any renewal thereof, the railroad company shall discontinue, dismantle and remove the temporary railroad; and may prior to the expiration of such time, upon order of the office department, and after a hearing, upon notice to all parties interested and good cause shown, discontinue, dismantle and remove the railroad.

AB977, s. 43 Section 43. 191.16 of the statutes is amended to read:

AB977,17,14 191.16 Construction items submitted to office department. Upon receiving the certificate of public convenience and necessity, the applicant shall before commencing construction submit to the office department a condensed specification of the character of construction that the applicant proposes to install, showing the kind, quality and weight of the rail proposed to be used, the mode of construction, character, quality, and strength of all bridges, culverts and viaducts, the abutments and approaches proposed to be built, the grade of and proposed method of draining the roadbed, and the kind of power to be used and the plant and appliances to be employed in power production, and such other facts relating to the construction of the proposed railroad as the office department requires.

AB977, s. 44 Section 44. 191.17 of the statutes is amended to read:

AB977,18,2 191.17 Public safety; investigation; approval of plans. Upon receiving the specification required by s. 191.16, the office department 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 department shall enter an order approving the specification and authorizing the construction of the railroad in accordance therewith and with the provisions of ch. 195.

AB977, s. 45 Section 45. 191.19 (1) of the statutes is amended to read:

AB977,18,12 191.19 (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 department; and the office department shall inspect the work. If the office department 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 department shall enter an order authorizing its operation, which order shall be presumptive evidence of the sufficiency of such construction.

AB977, s. 46 Section 46. 191.19 (3) of the statutes is amended to read:

AB977,18,20 191.19 (3) If upon inspection the office department shall deem that public safety requires the installation, operation and maintenance of some protective appliance at any grade crossing of railroad tracks the office department 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.

AB977, s. 47 Section 47. 191.20 of the statutes is amended to read:

AB977,19,7 191.20 Railroad routes; right to alter. Every railroad company may, by the vote of two-thirds of its directors, alter or change the route of its railroad, by making and filing with the office of the commissioner of railroads department and the department of financial institutions and also by recording in the office of the register of deeds of the county or counties where the alteration or change is to be made, a surveyed map and certificate of the alteration or change. The alteration or change may not deviate from the original route for a greater distance than one mile at any point. No city or village may be left off the railroad by the change of route. The original end points of the railroad, or the route in any city or village, shall not be changed without the approval of the office of the commissioner of railroads department of transportation after notice to the municipality.

AB977, s. 48 Section 48. 191.21 of the statutes is amended to read:

AB977,19,12 191.21 Notices in counties without newspapers. If no newspaper is published in any county in which a railroad is proposed to be located, the publications required by this chapter may be made in such manner and at such places as the office department shall designate.

AB977, s. 49 Section 49. 192.001 (1r) of the statutes is created to read:

AB977,19,15 192.001 (1r) "Division of hearings and appeals" means the division of hearings and appeals in the department of administration.

AB977, s. 50 Section 50. 192.001 (2) of the statutes is repealed.

AB977, s. 51 Section 51. 192.15 (14) of the statutes is amended to read:

AB977,19,23 192.15 (14) If in any particular case any exemption from any requirement of this section is deemed necessary by a carrier, the office department shall consider the application of the carrier for exemption and may grant the exemption when accompanied by a full statement of the conditions existing and the reasons for the exemption. Any exemption so granted shall be limited to the particular case specified and shall be limited to a stated period of time.

AB977, s. 52 Section 52. 192.25 (3) (a) of the statutes is amended to read:

AB977,20,3 192.25 (3) (a) The office department, by rule, may grant an exception to sub. (2) if the office department determines that the exception will not endanger the life or property of any person.

AB977, s. 53 Section 53. 192.27 (1) of the statutes is amended to read:

AB977,20,13 192.27 (1) When the track of a railway corporation crosses the track of any other railway corporation at grade, or when their tracks and right-of-way are adjacent, except in counties having a population of at least 150,000, the corporations shall, within 60 days after a written request of the office department or the council or board of the city, town or village within which the tracks so cross or are adjacent, make a track connection within such town, city or village to afford reasonable and proper facilities for the interchange of traffic between their respective lines for forwarding and delivering freight, and the expense thereof shall be borne equally by those corporations, unless otherwise ordered by the office department.

AB977, s. 54 Section 54. 192.29 (4) of the statutes is amended to read:

AB977,20,19 192.29 (4) Highways; bell. No railroad train or locomotive shall run over any public traveled grade highway crossing outside of the limits of municipalities unless the engine bell shall be rung continuously from 1,320 feet before the crossing until the crossing is reached. But the office department may order that the ringing of the bell as required by this subsection shall be omitted at any crossing.

AB977, s. 55 Section 55. 192.31 (1) (b) of the statutes is amended to read:

AB977,21,2 192.31 (1) (b) If the office department 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 federal railroad administration, the office department may enter an order requiring the installation of a telltale. A telltale shall be ordered by the office department according to the hearing procedure provided under sub. (4).

AB977, s. 56 Section 56. 192.31 (2) of the statutes is amended to read:

AB977,21,5 192.31 (2) The office department may determine the materials for and the construction and placing of such telltales.

AB977, s. 57 Section 57. 192.31 (4) of the statutes is amended to read:

AB977,21,18 192.31 (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 department 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 department within 20 days of the notice, the office department may require the installation of a telltale without hearing. The findings and order 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.

AB977, s. 58 Section 58. 192.31 (5) of the statutes is amended to read:

AB977,21,24 192.31 (5) Prior to July 1, in each year every corporation operating a railroad within the state shall file with the office department a verified statement showing the location of every such bridge or other structure over any of its tracks at a height of less than 23 feet above the top of rail, together with a statement showing whether or not the provisions of this section have been fully complied with.

AB977, s. 59 Section 59. 192.324 of the statutes is amended to read:

AB977,22,16 192.324 Railroad bridges to be safe for employees. Whenever a complaint is lodged with the office department by any person to the effect that a railroad bridge because of its style of construction does not have walks or railings and for that reason is dangerous to the life and limb of railroad employees and the safety of such employees requires the alteration so as to provide for such walks and railings of such bridge, the office department shall give notice to the party in interest, other than the complainant, of the filing of the complaint and furnish such party with a copy thereof, and order a hearing thereon, in the manner provided for hearings in s. 195.31. The office department may proceed in a similar manner in the absence of a complaint when, in the opinion of the office department, the safety of railroad employees requires the alteration of a railroad bridge. After the hearing, the office department shall determine what alteration, if any, of such bridge, shall be made. The expense of such alteration shall be borne by the railroad company. If an interested party objects to the department's order under this section and requests a hearing, the department shall refer the order to the division of hearings and appeals for review as provided in s. 195.325.

AB977, s. 60 Section 60. 192.327 (3) of the statutes is amended to read:

AB977,22,20 192.327 (3) The office department shall make and enforce reasonable rules relating to motor vehicles used to transport workers to and from their places of employment or during the course of their employment.

AB977, s. 61 Section 61. 192.327 (4) of the statutes is repealed.

AB977, s. 62 Section 62. 192.327 (5) of the statutes is repealed.

AB977, s. 63 Section 63. 192.327 (6) of the statutes is amended to read: