AB150-ASA1-AA4,20,219
190.02
(6) Railroad intersections. To cross, intersect, join or unite its railroad
20with any other railroad, at any point, with the necessary turnouts, sidings and
21switches and other conveniences in furtherance of the objects of its connections. And
22if the 2 corporations cannot agree upon the amount of compensation to be made
23therefor or the points and manner of such crossings and connections the same shall
1be ascertained by the
office division of hearings and appeals on application of either
2corporation.
AB150-ASA1-AA4,21,64
190.02
(9) (c) Any railroad corporation organized to and which shall acquire,
5directly or by mesne conveyances, the property of another railroad corporation sold
6in judicial proceedings, or any railroad corporation reorganized under the federal
7bankruptcy act which corporation under a plan of reorganization as confirmed by the
8act, shall have been authorized to put into effect and carry out said plan, or any new
9railroad corporation which shall be organized for the like purpose, shall have all
10powers by law conferred upon railroad corporations, and may, at such times, in such
11amounts, for such considerations and upon such terms and conditions as the board
12of directors of said corporation shall determine, and as shall be authorized by the
13office secretary of state, or in the case of a railroad corporation organized for the
14purpose of acquiring a railroad engaged in interstate commerce, or any existing
15railroad corporation reorganized under the act and acquiring railroad property used
16in interstate commerce, by the interstate commerce commission, as the case may be,
17issue, sell, pledge or otherwise dispose of its evidences of debt, which may be
18convertible, at the option of the holder, into stock, and shares of stock, which shares
19may have such nominal or par value or if the same be common stock, be without
20nominal or par value, and may be of such classes, with such rights and voting powers
21as may be expressed in its articles or any amendment thereto. In the case of a
22railroad corporation reorganized as aforesaid, the filing with the secretary of state
23of a certified copy of the plan of reorganization as confirmed by the federal
24bankruptcy act, if it shall so elect, shall accomplish and evidence the amendment of
25its charter or articles of incorporation without the necessity for any other or further
1action, corporate or otherwise, with respect thereto. Such reorganized railroad
2corporation shall thereupon have all powers necessary to put into effect and carry out
3such plan of reorganization in all respects but such filing of the plan of reorganization
4shall not preclude such existing corporation from amending its charter or articles in
5the manner now provided by law. The fees for filing such copy of plan of
6reorganization shall be the same as prescribed in s. 190.01 (3).
AB150-ASA1-AA4,21,22
8190.03 Office in state; books produced. Any railroad corporation existing
9under the laws of this state shall produce before the
office of the commissioner of
10railroads secretary of state, the legislature, or any committee of either house, or any
11court of record, its books of account and stock books, or so many and such parts
12thereof as may be required by them, or in the discretion of the
office of the
13commissioner of railroads secretary of state, legislature, committee or court,
14transcripts from such books, or such parts thereof as may be called for, duly
15authenticated; and each such railroad corporation shall designate some office within
16this state as its principal office and inform the
office of the commissioner of railroads 17secretary of state of such designation, and shall keep there or at the office of its
18transfer agents or registrars a list of its stockholders, giving the names and
19addresses of its stockholders, together with a statement of the number and class of
20shares of its stock held by each of them, as shown by its books. A failure or refusal
21to comply with any of the foregoing provisions shall be cause of forfeiture of its
22franchises.
AB150-ASA1-AA4,22,8
24190.13 Report to stockholders. Every railroad corporation shall make an
25annual report to its stockholders of its operations for the preceding calendar year, or
1for its fiscal year, as the case may be, which report shall contain a balance sheet
2showing its assets and liabilities, its capital stock, and funded debt, and an income
3account showing its operating revenues, operating expenses, gross and net income,
4as the result of its traffic or business operations, and such other information in
5respect of its affairs as the board of directors shall deem advisable. A copy of each
6such report shall be kept on file in its principal office in this state, shall be mailed
7to each stockholder whose post-office address is known and shall be filed with the
8office of the commissioner of railroads secretary of state.
AB150-ASA1-AA4,22,1710
190.16
(4) (a) Every railroad shall acquire the necessary right-of-way for and
11shall construct, connect, maintain and operate a reasonably adequate spur track
12whenever such spur track does not necessarily exceed 3 miles in length, is practically
13indispensable to the successful operation of any existing or proposed industry or
14enterprise, and its construction and operation is not unusually dangerous, and is not
15unreasonably harmful to public interest, and any person aggrieved by the failure of
16any railroad to fully perform such obligation may prosecute proceedings before the
17office division of hearings and appeals to compel compliance therewith.
AB150-ASA1-AA4,23,919
190.16
(4) (b) Such railroad may require the person primarily to be served
20thereby to pay the legitimate cost and expense of acquiring the necessary
21right-of-way for such spur track, and of constructing the same, the cost to be
22estimated in separate items by the
office division of hearings and appeals, and
23deposited with the railroad, before it shall be required to incur any expense whatever
24therefor; but such person, in lieu of depositing the total estimated cost may offer in
25writing to construct such spur track, the offer to be accompanied by a surety company
1bond, running to such railroad, and conditioned upon the construction of such spur
2track in a good and workmanlike manner, according to the plans and specifications
3of such railroad, approved by the
office division of hearings and appeals, and deposit
4with such railroad the estimated cost of the necessary right-of-way. Provided that
5before the railroad shall be required to incur any expense whatever in the
6construction of such spur track, the person primarily to be served thereby shall give
7the railroad a bond to be approved by the
office
division of hearings and appeals as
8to form, amount and surety, securing the railroad against loss on account of any
9expense incurred beyond the estimated cost.
AB150-ASA1-AA4,23,1611
190.16
(4) (c) Whenever a spur track is so constructed at the expense of the
12owner of any industry or enterprise, and any other person shall desire a connection
13with such spur track, application therefor shall be made to the
office division of
14hearings and appeals, and such other person shall be required to pay to such owner
15an equitable proportion of the cost thereof, to be determined by the
office divisions
16of hearings and appeals.
AB150-ASA1-AA4,24,218
190.16
(5) Removal, when. Except where a spur track was constructed prior
19to June 16, 1925, at the expense of the railroad company, no spur track shall be
20removed, dismantled or otherwise rendered unfit for service except upon order of the
21office division of hearings and appeals made after hearing held upon notice to all
22parties interested, and for good cause shown; provided that if no objection has been
23filed with the
office division of hearings and appeals within 20 days from the original
24publication of such notice, the
office division of hearings and appeals may without
1hearing authorize such spur track removed, dismantled or otherwise rendered unfit
2for service.
AB150-ASA1-AA4,24,44
191.001
(1) "Department" means the department of transportation.
AB150-ASA1-AA4,24,116
191.01
(2) (title)
Construction, certificate from office department
7prerequisite. No railroad corporation shall begin the construction of any proposed
8line of railroad in this state until it shall have obtained from the
office department 9a certificate
that public convenience and a necessity require authorizing the
10construction of the
railroad, and the certificate shall constitute the license from this
11state to the company to build its proposed railroad.
AB150-ASA1-AA4,24,18
13191.03 Articles; publication prerequisite to certificate. No railroad
14corporation shall make application for a certificate
authorizing construction of a
15railroad unless it has caused a copy of its corporate articles to be published as a class
162 notice, under ch. 985, in each county in which the railroad is proposed to be located
17within 6 months next prior to the time of making such application, and files
18satisfactory proof thereof with the
office department.
AB150-ASA1-AA4,24,24
20191.05 Maps and profiles with application; changes. Complete maps and
21profiles of the proposed railroad shall be filed with the application for a certificate
22of convenience and necessity authorizing construction. The
office department may
23permit errors, omissions or defects in the application, maps and profiles to be
24supplied or corrected, and permit changes in the proposed route to be made.
AB150-ASA1-AA4,25,9
1191.07 Hearing of applicants; notice. Upon receiving such application the
2office shall department may set a time and place for a hearing, which time shall not
3be less than 3 weeks nor more than 8 weeks from the date of filing the application,
4and the place shall be at the city of Madison, or at some place along the line of the
5proposed railroad, if the
office department deems the latter more convenient
, and. 6If the department sets a hearing, the department shall give to the applicant notice
7thereof, which notice shall be published by the applicant, as a class 2 notice, under
8ch. 985, in each county in which the railroad, extension or branch is proposed to be
9located, and proof of such publication shall be filed with the
office department.
AB150-ASA1-AA4,25,12
11191.09 Procedures before the department. Chapter 227 applies to all
12proceedings under this chapter.
AB150-ASA1-AA4,25,14
14191.10 (title)
Certificate of necessity.
AB150-ASA1-AA4,26,316
191.10
(1) Issuance, filing, recording, condemnation. If the
office of the
17commissioner of railroads finds that the proposed railroad would be a public
18convenience and that a necessity requires its construction, the office of the
19commissioner of railroads shall enter an order to that effect and issue department
20issues to the applicant a certificate
that public convenience and a necessity require
21the construction of the railroad as proposed. The certificate shall be filed under this
22chapter, the applicant shall file the certificate in the office of the secretary of state
23and the office of the secretary of state
. The department shall approve the map
24showing the route of the railroad. The applicant shall record the map certified by the
25office of the commissioner of railroads department in the office of the register of deeds
1in each county in which the railroad shall be located. The filing of the certificate with
2the secretary of state
and the recording of the map, as above provided, are conditions
3precedent to the right of the applicant to institute condemnation proceedings.
AB150-ASA1-AA4,26,95
191.10
(2) Certificate for part of line.
Whenever it shall appear to the office
6that public convenience and a necessity do not require the construction of the
7railroad as proposed in the application, but do require the construction of a part
8thereof, the office The department may issue a certificate for the construction of
such 9part of the railroad
as public convenience and necessity require.
AB150-ASA1-AA4,26,1611
191.10
(3) Refusal of certificate; renewal of application. If the
office shall
12determine that the proposed railroad is not a necessity or is not required by public
13convenience, the office shall by order refuse to grant a certificate, department denies
14the application for a certificate, the department shall issue an order refusing the
15certificate and stating the reasons for the refusal. The application may be renewed
16after 2 years from the date of the refusal, but not sooner.
AB150-ASA1-AA4,26,24
18191.11 Revocation of certificate. If any railroad company after obtaining
19a certificate
that public convenience and a necessity require authorizing the
20construction of the whole or part of its railroad fails to begin construction within one
21year from the date of the certificate, or having begun such construction, fails to
22prosecute the same, the
office department may inquire into the reasons for such
23failure and may revoke the certificate, if the
office
department finds, after notice and
24hearing, that such failure is unreasonable.
AB150-ASA1-AA4,27,11
1191.13
(2) No railroad corporation shall exercise such power until it has
2obtained from the
office department a certificate
that public convenience and
3necessity require authorizing the construction of the temporary railroad
, and the
4certificate shall constitute the license to the company to build its proposed temporary
5railroad. The certificate shall specify the length of time the railroad may be
6maintained and operated, and may be renewed from time to time upon application
7by the railroad company. At the expiration of the time specified in the certificate, or
8any renewal thereof, the railroad company shall discontinue, dismantle and remove
9the temporary railroad; and may prior to the expiration of such time, upon order of
10the
office department, and after a hearing, upon notice to all parties interested and
11good cause shown, discontinue, dismantle and remove the railroad.
AB150-ASA1-AA4,27,23
13191.16 (title)
Construction items submitted to office department. Upon
14receiving the certificate
of public convenience and necessity authorizing
15construction, the applicant shall before commencing construction submit to the
office 16department a condensed specification of the character of construction that the
17applicant proposes to install, showing the kind, quality and weight of the rail
18proposed to be used, the mode of construction, character, quality, and strength of all
19bridges, culverts and viaducts, the abutments and approaches proposed to be built,
20the grade of and proposed method of draining the roadbed, and the kind of power to
21be used and the plant and appliances to be employed in power production, and such
22other facts relating to the construction of the proposed railroad as the
office
23department requires.
AB150-ASA1-AA4,28,10
1191.17 Public safety; investigation; approval of plans. Upon receiving
2the specification required by s. 191.16, the
office
department shall examine the same
3and shall hear the applicant in support thereof, shall suggest and require
4modifications of the specification if the public safety so demands, eliminating so far
5as may be practicable, consistent with reasonable cost, all grade crossings of public
6highways, shall inspect the route of the proposed railroad if deemed desirable, and
7shall otherwise investigate and determine that the proposed construction will be
8adequate for securing public safety in the operation of the railroad, and thereupon
9the
office department shall enter an order approving the specification and
10authorizing the construction of the railroad in accordance therewith.
AB150-ASA1-AA4,28,1912
191.19
(1) Upon the completion of the construction of any railroad under the
13approved specification, the company shall, before operating the same for public
14service, report to the
office department; and the
office department shall inspect the
15work. If the
office department finds that the railroad has been constructed in
16accordance with the approved specification and is otherwise suitable and properly
17constructed so as to secure public safety in the operation thereof, the
office 18department shall enter an order authorizing its operation, which order shall be
19presumptive evidence of the sufficiency of such construction.
AB150-ASA1-AA4,29,221
191.19
(3) If upon inspection the
office department shall deem that public
22safety requires the installation, operation and maintenance of some protective
23appliance at any grade crossing of railroad tracks the
office department may, before
24granting the order, after notice and hearing, require the installation, operation and
25maintenance of suitable protective appliances, and shall apportion the expense of
1constructing, maintaining and operating such protective appliances among the
2owners of the tracks.
AB150-ASA1-AA4,29,13
4191.20 Railroad routes; right to alter. Every railroad company may, by the
5vote of two-thirds of its directors, alter or change the route of its railroad, by making
6and filing with the
office of the commissioner of railroads department and also by
7recording in the office of the register of deeds of the county or counties where the
8alteration or change is to be made, a surveyed map and certificate of the alteration
9or change. The alteration or change may not deviate from the original route for a
10greater distance than one mile at any point. No city or village may be left off the
11railroad by the change of route. The original end points of the railroad, or the route
12in any city or village, shall not be changed without the approval of the
office of the
13commissioner of railroads department after notice to the municipality.
AB150-ASA1-AA4,29,18
15191.21 Notices in counties without newspapers. If no newspaper is
16published in any county in which a railroad is proposed to be located, the publications
17required by this chapter may be made in such manner and at such places as the
office 18department shall designate.
AB150-ASA1-AA4,29,2120
192.001
(1r) "Division of hearings and appeals" means the division of hearings
21and appeals in the department of administration.
AB150-ASA1-AA4,30,424
192.14
(10) If in any particular case any temporary exemption from any
25requirement of this section is deemed necessary by a carrier, the
office department
1shall consider the application of the carrier for temporary exemption and may grant
2the exemption when accompanied by a full statement of the conditions existing and
3the reasons for the exemption. Any exemption so granted will be limited to the
4particular case specified and shall be limited to a stated period of time.
AB150-ASA1-AA4,30,76
192.14
(12) The
office department may after public hearing make rules and
7establish the standards deemed necessary to carry out the purposes of this section.
AB150-ASA1-AA4,30,149
192.15
(14) If in any particular case any exemption from any requirement of
10this section is deemed necessary by a carrier, the
office department shall consider the
11application of the carrier for exemption and may grant the exemption when
12accompanied by a full statement of the conditions existing and the reasons for the
13exemption. Any exemption so granted shall be limited to the particular case specified
14and shall be limited to a stated period of time.
AB150-ASA1-AA4,30,2416
192.27
(1) When the track of a railway corporation crosses the track of any
17other railway corporation at grade, or when their tracks and right-of-way are
18adjacent, except in counties having a population of at least 150,000, the corporations
19shall, within 60 days after a written request of the
office department or the council
20or board of the city, town or village within which the tracks so cross or are adjacent,
21make a track connection within such town, city or village to afford reasonable and
22proper facilities for the interchange of traffic between their respective lines for
23forwarding and delivering freight, and the expense thereof shall be borne equally by
24those corporations, unless otherwise ordered by the
office department.
AB150-ASA1-AA4,31,22
1192.29
(1) Setting maximum speed. Upon petition to the
office department by
2the governing body of any city or village or by any railroad corporation alleging that
3any railroad crossing of one or more public highways or streets in the city or village
4is dangerous to human life and that public safety requires a designation of the
5maximum speed of a train over such crossing or crossings, or that an order previously
6made by the
office department should be modified, the
office department shall give
7notice to the parties in interest and order a hearing thereon in the manner provided
8by
s. 195.04 ch. 227. If after the hearing the
office department shall determine that
9the crossing or crossings described in the petition are dangerous to human life, it may
10by order determine what maximum speed of a train over the crossing is reasonably
11required by public safety and is consistent with the public need for adequate and
12expeditious passenger and freight service by railroad, having due regard for other
13orders entered by the
office department and to practical railroad operating
14conditions. Where the
office department has designated the maximum speed of any
15train or trains over such crossing or crossings, the rate of speed shall be the lawful
16maximum speed at which any train affected by the order can be operated over the
17public highway or street crossing, until changed by subsequent order of the
office 18department. Every railroad corporation violating any order entered under this
19subsection shall for every violation forfeit not less than $10 nor more than $100. The
20jurisdiction over train speeds hereby vested in the
office department shall be
21exclusive, but any order entered by the
office department hereunder shall be subject
22to judicial review in the manner provided by ch. 227.
AB150-ASA1-AA4,32,3
1192.29
(2) Arterial stop signs. In any proceeding under sub. (1) or under s.
2195.28, the
office department may by order require that the state or municipality
3install at any crossing involved in such proceeding an official stop sign.
AB150-ASA1-AA4,32,115
192.29
(4) Highways, whistle, horn, bell. No railroad train or locomotive shall
6run over any public traveled grade highway crossing outside of the limits of
7municipalities unless the whistle or horn shall be blown 1,320 feet from such crossing
8and the engine bell rung continuously from thence until the crossing be reached. But
9the
office department may order that the ringing of the bell or the blowing of the
10whistle, or horn, or both, as required by this subsection shall be omitted at any
11crossing.
AB150-ASA1-AA4,32,1913
192.29
(5) Danger signs. Wherever its track crosses a public highway or street,
14every railroad corporation shall maintain on each side of the track and near such
15crossing a
large signboard with the following inscription, painted in large letters:
16"Railroad Crossing," in such manner as to be visible to approaching traffic on the
17highway or street at least 100 feet distant railroad crossing sign. The sign shall be
18constructed and erected as provided in the manual adopted by the department under
19s. 84.02 (4) (e).
AB150-ASA1-AA4,33,421
192.31
(1) Every railroad corporation shall maintain suitable telltales
22wherever any overhead structure or any part thereof is less than 23 feet above the
23top of rail; except that if the
office department finds that the installation of a telltale
24at any particular place would be impracticable or would result in an increased
25hazard to either the public or an employe and that either or both such factors
1outweigh the safety benefit which would result from the installation of a telltale, the
2office department may enter an order providing an exemption from this section. The
3exemption shall be ordered by the
office department only after public hearing under
4sub. (4).
AB150-ASA1-AA4,33,76
192.31
(2) The
office department may determine the materials for and the
7construction and placing of such telltales.
AB150-ASA1-AA4,33,179
192.31
(4) Upon finding that any such structure will not imperil life or limb,
10and that the public interest requires or permits such structure to be constructed or
11reconstructed otherwise than as permitted by sub. (3), the
office department may
12exempt such structure from such provision. Such findings shall be made only upon
13written application, setting forth fully the grounds therefor and shall be made only
14after public hearing. The findings and order granting exemption shall be in writing
15and contain complete provisions and requirements as to the vertical clearance to be
16maintained in such construction or reconstruction. Such structure shall be
17constructed or reconstructed only in compliance with such order.
AB150-ASA1-AA4,33,2319
192.31
(5) Prior to July 1, in each year every corporation operating a railroad
20within the state shall file with the
office department a verified statement showing
21the location of every such bridge or other structure over any of its tracks at a height
22of less than 23 feet above the top of rail, together with a statement showing whether
23or not the provisions of this section have been fully complied with.
AB150-ASA1-AA4,34,14
1192.324 Railroad bridges to be safe for employes. Whenever a complaint
2is lodged with the
office department by any person to the effect that a railroad bridge
3because of its style of construction does not have walks or railings and for that reason
4is dangerous to the life and limb of railroad employes and the safety of such employes
5requires the alteration so as to provide for such walks and railings of such bridge, the
6office department shall give notice to the party in interest, other than the
7complainant, of the filing of the complaint and furnish such party with a copy thereof,
8and order a hearing thereon
, in the manner provided for hearings in s. 195.31. The
9office under s. 85.013 (3) and ch. 227 by the division of hearings and appeals. The
10department may proceed in a similar manner in the absence of a complaint when,
11in the opinion of the
office department, the safety of railroad employes requires the
12alteration of a railroad bridge. After the hearing, the
office division of hearings and
13appeals shall determine what alteration, if any, of such bridge, shall be made. The
14expense of such alteration shall be borne by the railroad company.
AB150-ASA1-AA4,34,1816
192.327
(3) The
office department shall make and enforce reasonable rules
17relating to motor vehicles used to transport workers to and from their places of
18employment or during the course of their employment.
AB150-ASA1-AA4,34,2522
192.327
(6) The
office department may, in enforcing the rules, inspect any
23motor vehicle used to transport workers to and from their places of employment or
24during the course of their employment.
Upon request of the office, the department
25shall direct its traffic officers to assist the office in those inspections.
AB150-ASA1-AA4,35,62
192.327
(7) Whenever the
office department finds that a motor vehicle used to
3transport workers to and from their places of employment or during the course of
4their employment violates any provision of the rules, the
office department shall
5make, enter and serve upon the owner of the motor vehicle such order as may be
6necessary to protect the safety of workers transported in the motor vehicle.