AB150-ASA1-AA4,40,6 5141. Page 1569, line 7: delete the material beginning with that line and
6ending with page 1570, line 20, and substitute:
AB150-ASA1-AA4,40,7 7" Section 5136g. 195.001 (1r) of the statutes is created to read:
AB150-ASA1-AA4,40,98 195.001 (1r) "Division of hearings and appeals" means the division of hearings
9and appeals in the department of administration.
AB150-ASA1-AA4, s. 5137g 10Section 5137g. 195.001 (2) of the statutes is repealed.
AB150-ASA1-AA4, s. 5138g 11Section 5138g. 195.001 (3) of the statutes is created to read:
AB150-ASA1-AA4,40,1212 195.001 (3) "Secretary" means the secretary of transportation.
AB150-ASA1-AA4, s. 5139g 13Section 5139g. 195.03 (title) of the statutes is amended to read:
AB150-ASA1-AA4,40,15 14195.03 (title) Office Department; powers and duties, general
15enumeration.
AB150-ASA1-AA4, s. 5140g 16Section 5140g. 195.03 (1) of the statutes is amended to read:
AB150-ASA1-AA4,40,1917 195.03 (1) Practice rules. The office department may take testimony and
18administer oaths and may promulgate rules to govern its proceedings and to regulate
19the mode and manner of all hearings. All hearings shall be open to the public.
AB150-ASA1-AA4, s. 5141g 20Section 5141g. 195.03 (2) of the statutes is amended to read:
AB150-ASA1-AA4,40,2421 195.03 (2) (title) Office Department initiative. In any matter within its
22jurisdiction under ch. 192 or this chapter, the office department may initiate,
23investigate and order a hearing at its discretion upon such notice as it considers
24proper.
AB150-ASA1-AA4, s. 5142g
1Section 5142g. 195.03 (7) of the statutes is amended to read:
AB150-ASA1-AA4,41,62 195.03 (7) Study carrier business, demand information. The office
3department may inquire into the management of the business of all railroads, and
4shall keep itself informed as to the manner in which the same is conducted, and may
5obtain from any railroad all necessary information to enable the office department
6to perform the duties and carry out the objects for which it is responsible.
AB150-ASA1-AA4, s. 5143g 7Section 5143g. 195.03 (8) of the statutes is amended to read:
AB150-ASA1-AA4,41,158 195.03 (8) Questionnaires, answers compulsory. The office department shall
9prepare blanks for the purpose of obtaining the information which it may deem
10necessary or useful to the proper exercise of its functions, which shall conform as
11nearly as practicable to the forms prescribed by the interstate commerce
12commission, and shall furnish such blanks to railroads, and every railroad receiving
13such blanks, shall cause the same to be properly filled out and verified under oath
14by its proper officer and returned to the office department within the time fixed by
15the office department.
AB150-ASA1-AA4, s. 5144g 16Section 5144g. 195.03 (9) of the statutes is amended to read:
AB150-ASA1-AA4,41,2317 195.03 (9) Examine books and files of carriers. The commissioner of railroads
18secretary or any person employed by the office department for that purpose shall,
19upon demand, have the right to inspect the books and papers of any railroad and to
20examine under oath any officer, agent or employe of such railroad in relation to its
21business and affairs; provided that any person other that than the commissioner of
22railroads
secretary who makes such demand shall produce his or her authority under
23the hand and seal of the office secretary.
AB150-ASA1-AA4, s. 5145g 24Section 5145g. 195.03 (10) of the statutes is amended to read:
AB150-ASA1-AA4,42,6
1195.03 (10) Production of records and files kept out of state. The office
2department may, by an order or subpoena to be served in the manner that a circuit
3court summons is served, require the production within this state, at such time and
4place as it may designate, of any books, papers or accounts kept by any railroad
5without the state, or verified copies in lieu thereof, if the office department shall so
6order.
AB150-ASA1-AA4, s. 5146g 7Section 5146g. 195.03 (11) of the statutes is amended to read:
AB150-ASA1-AA4,42,138 195.03 (11) Uniform system of accounting. The office department may
9prescribe a uniform system of keeping and rendering accounts of all railroad
10business transacted in this state, and the time within which railroads shall adopt
11such system; provided that all forms of accounts which may be prescribed by the
12office department shall conform as nearly as practicable to similar forms prescribed
13by federal authority.
AB150-ASA1-AA4, s. 5147g 14Section 5147g. 195.03 (12) of the statutes is repealed.
AB150-ASA1-AA4, s. 5148g 15Section 5148g. 195.03 (13) of the statutes is repealed.
AB150-ASA1-AA4, s. 5149g 16Section 5149g. 195.03 (14) of the statutes is repealed.
AB150-ASA1-AA4, s. 5150g 17Section 5150g. 195.03 (15) of the statutes is repealed.
AB150-ASA1-AA4, s. 5151g 18Section 5151g. 195.03 (16) of the statutes is repealed.
AB150-ASA1-AA4, s. 5152g 19Section 5152g. 195.03 (17) of the statutes is amended to read:
AB150-ASA1-AA4,42,2320 195.03 (17) Private tracks. The office department shall have control of private
21railroad tracks insofar as the same are used by common carriers for the
22transportation of freight, in all respects the same as though such tracks were part
23of a public railroad.
AB150-ASA1-AA4, s. 5153g 24Section 5153g. 195.03 (18) of the statutes is amended to read:
AB150-ASA1-AA4,43,3
1195.03 (18) Safety devices. The office department may make reasonable rules,
2regulations, specifications and standards for the installation, operation and
3maintenance of all safety devices and measures.
AB150-ASA1-AA4, s. 5154g 4Section 5154g. 195.03 (19) of the statutes is amended to read:
AB150-ASA1-AA4,43,65 195.03 (19) Railroad structures. The office department may order the repair
6or reconstruction of any inadequate or unsafe railroad track or structure.
AB150-ASA1-AA4, s. 5155g 7Section 5155g. 195.03 (25) of the statutes is amended to read:
AB150-ASA1-AA4,43,108 195.03 (25) Distribution of orders. The office department shall upon
9application furnish certified copies, under its seal, of any order made by it, which
10shall be prima facie evidence of the facts stated therein.
AB150-ASA1-AA4, s. 5156g 11Section 5156g. 195.03 (28) of the statutes is amended to read:
AB150-ASA1-AA4,43,1412 195.03 (28) Title. The office department may sue and be sued in that name,
13and may confer with or participate in any proceedings before any regulatory agency
14of any other state or of the federal government.
AB150-ASA1-AA4, s. 5157g 15Section 5157g. 195.03 (29) of the statutes is amended to read:
AB150-ASA1-AA4,43,2016 195.03 (29) Train privileges. The employes authorized by the office
17department to perform railroad inspection duties may, in the performance of such
18duties, ride in and upon any engine, car or train of any class, of any railroad, upon
19payment of the lawful passenger fare, but such railroad shall not thereby be deemed
20to become a common carrier of passengers other than on passenger cars.
AB150-ASA1-AA4, s. 5158g 21Section 5158g. 195.04 of the statutes is repealed.
AB150-ASA1-AA4, s. 5159g 22Section 5159g. 195.041 of the statutes is repealed.
AB150-ASA1-AA4, s. 5160g 23Section 5160g. 195.042 of the statutes is repealed.
AB150-ASA1-AA4, s. 5161g 24Section 5161g. 195.043 of the statutes is repealed.
AB150-ASA1-AA4, s. 5162g 25Section 5162g. 195.044 of the statutes is repealed.
AB150-ASA1-AA4, s. 5163g
1Section 5163g. 195.045 of the statutes is repealed.
AB150-ASA1-AA4, s. 5164g 2Section 5164g. 195.046 of the statutes is repealed.
AB150-ASA1-AA4, s. 5165g 3Section 5165g. 195.047 of the statutes is repealed.
AB150-ASA1-AA4, s. 5166g 4Section 5166g. 195.05 of the statutes is repealed.
AB150-ASA1-AA4, s. 5167g 5Section 5167g. 195.055 of the statutes is repealed.
AB150-ASA1-AA4, s. 5168g 6Section 5168g. 195.06 of the statutes is repealed.
AB150-ASA1-AA4, s. 5169g 7Section 5169g. 195.07 (1) of the statutes is repealed.
AB150-ASA1-AA4, s. 5170g 8Section 5170g. 195.07 (2) of the statutes is amended to read:
AB150-ASA1-AA4,44,139 195.07 (2) Attorney general and district attorney to prosecute. Upon
10request of the office department, the attorney general or the district attorney of the
11proper county shall aid in any investigation, hearing or trial had under, and shall
12institute and prosecute all necessary actions or proceedings for the enforcement of,
13laws relating to railroads.
AB150-ASA1-AA4, s. 5171g 14Section 5171g. 195.08 of the statutes is repealed.
AB150-ASA1-AA4, s. 5172g 15Section 5172g. 195.09 of the statutes is repealed.
AB150-ASA1-AA4, s. 5173g 16Section 5173g. 195.10 of the statutes is repealed.
AB150-ASA1-AA4, s. 5174g 17Section 5174g. 195.11 of the statutes is repealed.
AB150-ASA1-AA4, s. 5175g 18Section 5175g. 195.12 of the statutes is repealed.
AB150-ASA1-AA4, s. 5176g 19Section 5176g. 195.13 of the statutes is repealed.
AB150-ASA1-AA4, s. 5177g 20Section 5177g. 195.14 of the statutes is repealed.
AB150-ASA1-AA4, s. 5178g 21Section 5178g. 195.15 of the statutes is repealed.
AB150-ASA1-AA4, s. 5179g 22Section 5179g. 195.16 of the statutes is repealed.
AB150-ASA1-AA4, s. 5180g 23Section 5180g. 195.17 of the statutes is repealed.
AB150-ASA1-AA4, s. 1581g 24Section 1581g. 195.19 (1) of the statutes is amended to read:
AB150-ASA1-AA4,45,11
1195.19 (1) Passenger. Every railroad shall provide and maintain adequate
2passenger depots equipped with proper toilet facilities at its regular stations for the
3accommodation of passengers, and said depots shall be kept clean, well-lighted and
4warmed, for the comfort and accommodation of the traveling public, and shall be kept
5open continuously from not less than 20 minutes before any train carrying
6passengers is scheduled to arrive and until such train has departed and for such
7longer period in any case as the office department may determine is necessary for the
8convenience and accommodation of the public. Where the office department
9determines that the service of certain trains in making stops on signals is in excess
10of reasonably adequate service, the provisions of this section shall not apply in
11connection with the rendition of such service.
AB150-ASA1-AA4, s. 5182g 12Section 5182g. 195.19 (3) of the statutes is amended to read:
AB150-ASA1-AA4,45,2513 195.19 (3) Union depot. In every city or village or town in which 2 or more
14railroads maintain passenger depots, it shall be the duty of such railroads to
15construct, maintain and use an adequate union passenger depot, whenever practical
16and required by public convenience and necessity. If, after investigation, the office
17department shall determine that it is practicable and that public convenience and
18necessity required the construction, maintenance and use of a union passenger depot
19in any such city or village or town the office department may order such railroads to
20construct, maintain and use an adequate union passenger depot, and shall in such
21order fix the location of such depot. If the railroads shall be unable to agree upon an
22apportionment of the original cost of such union passenger depot, and the expense
23of maintaining the same, within 20 days after the service of such order, the office
24department may, after a hearing, issue a supplemental order declaring the
25apportionment of such original cost and the expense of maintaining such depot.
AB150-ASA1-AA4, s. 5183g
1Section 5183g. 195.20 of the statutes is amended to read:
AB150-ASA1-AA4,46,11 2195.20 Joint use of railroad property. Whenever, upon complaint and after
3hearing had, the office department finds that public convenience and necessity
4require
the use by one or more railroads of the tracks, wires, poles, rights-of-way,
5switches, bridges or other property belonging to another railroad over or on any
6street, railroad, railway, right-of-way, bridge or viaduct, upon or over which said
7railroads have a right to operate, and that such use will not prevent the owners or
8other users thereof from performing their public duties, nor result in irreparable
9injury to such owners or other users thereof, the office department may, by order,
10direct that such use be permitted, and prescribe a reasonable compensation and
11reasonable terms and conditions for such joint use.
AB150-ASA1-AA4, s. 5184g 12Section 5184g. 195.21 of the statutes is amended to read:
AB150-ASA1-AA4,47,3 13195.21 Warehouses. Any person proposing to erect or maintain a public
14elevator or public warehouse for the purchase, sale, storage, receiving or shipping of
15grain, or other personal property, to be received from or transported upon any
16railroad, shall be furnished by such railroad at a reasonable rental, a site upon its
17right-of-way or depot grounds, within the yard limits of any station or terminal of
18such railroad; and any private elevator or warehouse situated upon such grounds
19may be converted into a public elevator or warehouse at the option of the owner, upon
20notice in writing to the railroad and thereby be permitted to remain thereon under
21the same conditions as provided herein for a public elevator or warehouse; and the
22office department shall, upon application by such owner, if the public interest so
23requires, by order, direct the railroad to furnish such site and the office department
24shall make reasonable regulations therefor and in case of disagreement, the office
25department shall determine the rental therefor. Elevators and warehouses erected

1or maintained under the foregoing provisions of this section shall be subject to such
2rules and regulations as to charges and the manner of conducting business as the
3office department shall prescribe.
AB150-ASA1-AA4, s. 5185g 4Section 5185g. 195.26 of the statutes is amended to read:
AB150-ASA1-AA4,47,11 5195.26 Safety devices; block system. Every railroad shall adopt reasonably
6adequate safety measures and install, operate and maintain reasonably adequate
7safety devices for the protection of life and property. If after investigation the office
8department shall determine that public safety requires it, the office department may
9order the railroad to install, operate and maintain a block system or other safety
10device or measure as may be necessary to render the operation of such railroad
11reasonably safe.
AB150-ASA1-AA4, s. 5186g 12Section 5186g. 195.27 of the statutes is amended to read:
AB150-ASA1-AA4,47,20 13195.27 Safe tracks and bridges. Every railroad shall construct and
14maintain its tracks, bridges and line structures in a reasonably adequate and safe
15manner. The office may direct the department to investigate complaints in the
16manner provided by s. 195.04.
If, upon complaint or upon its own motion and after
17hearing, the office the department determines that the track or structures of any
18railroad are inadequate or unsafe for the operation of its railroad, the office shall
19order the railroad to reconstruct or repair the inadequate or unsafe track or
20structures.
AB150-ASA1-AA4, s. 5187g 21Section 5187g. 195.28 (1) of the statutes is amended to read:
AB150-ASA1-AA4,48,2422 195.28 (1) (title) Petition; hearing; order. Upon petition of the department,
23city
a city council, village board, town board, superintendent of highways or by 5 or
24more electors in any town, village or city, or of any railroad corporation or railroad
25historical society, to determine whether a public highway and railroad grade crossing

1protects and promotes public safety, or upon its own motion, the office department
2may investigate and issue an appropriate order without a public hearing. The
3department shall issue its order on the basis of investigation and criteria
4promulgated by rule with respect to the adequacy of grade crossing protection. The
5rule may include programming criteria relating to the priority of grade crossings in
6need of protection.
If the petitioner, railroad, railroad historical society or any
7interested party objects to the order and requests a hearing within 20 days after the
8date that the order is issued, the office department shall proceed under s. 195.04 refer
9the order to the division of hearings and appeals for review as provided in s. 195.325
.
10Notice of an investigation or hearing the review shall be served upon the department,
11which shall be an interested party, and any recommendation it may file with the
12office at or prior to a hearing, if there is one, regarding crossing protection shall be
13considered as evidence in the proceeding
. The office department or division of
14hearings and appeals
shall determine whether the existing warning devices at such
15crossing are adequate to protect and promote public safety. If the office department
16or division of hearings and appeals
determines, either without or after a hearing,
17that protection is not adequate, it may order the railroad company or railroad
18historical society to keep a flagman at the crossing or to install automatic signals or
19other suitable safety device at specific locations at such crossing. The office
20department or division of hearings and appeals may order the relocation of existing
21signals and devices to improve protection at a crossing. Any crossing protection
22installed or maintained as approved by the office department or division of hearings
23and appeals
, whether by order or otherwise, shall be deemed adequate and
24appropriate protection for the crossing.
AB150-ASA1-AA4, s. 5188g 25Section 5188g. 195.28 (3) of the statutes is amended to read:
AB150-ASA1-AA4,49,12
1195.28 (3) Maintenance costs. Except as otherwise provided in this
2subsection, the cost of maintaining crossing protection devices ordered under sub. (1)
3shall be the responsibility of the railroad or railroad historical society. Any railroad
4company or railroad historical society that incurs expenses for maintenance of
5signals or other safety devices may file a claim for reimbursement with the
6department regardless of the date of installation of the signals or devices. At the
7close of each fiscal year the department shall reimburse claimants under this
8subsection for 50% of the costs, as determined by the office department, incurred for
9maintenance of railroad crossing protection devices from the appropriation under s.
1020.395 (2) (gq). If the amount in the appropriation under s. 20.395 (2) (gq) is not
11adequate to fund maintenance reimbursement under this subsection, the amount
12shall be prorated in the manner determined by the office department.
AB150-ASA1-AA4, s. 5189g 13Section 5189g. 195.28 (4) of the statutes is amended to read:
AB150-ASA1-AA4,49,1614 195.28 (4) (title) Previous office orders. Subsection (3) applies to
15maintenance costs for all crossing protection devices regardless of any prior order of
16the office
apportioning maintenance costs.
AB150-ASA1-AA4, s. 5190g 17Section 5190g. 195.285 (1) of the statutes is amended to read:
AB150-ASA1-AA4,50,918 195.285 (1) Upon If, upon its own motion or upon the petition of a railroad
19corporation, the department, or the governing body of any city, village, town or
20county asserting that the stopping of vehicles under s. 346.45 at a railroad crossing
21is hazardous to human life, the office shall hold a hearing on the matter as provided
22under s. 195.04. Notice of petition shall be served upon the department, which shall
23be an interested party, and any recommendations it may file with the office regarding
24the hazardous effect of vehicles stopping at such crossings shall be considered as
25evidence in the proceedings. Upon the recommendation of the department and

1concurrence by the office, the petition may be dismissed without holding a hearing.
2If, upon the public hearing, the office
department determines that it would be in the
3public interest to exempt vehicles specified in s. 346.45 from stopping at such grade
4crossing, it may order the public body having jurisdiction over the highway to erect
5signs, signals, markings or other devices exempting such vehicles from stopping at
6the crossing, without a hearing. If a petitioner or interested party objects to an order
7under this subsection within 20 days after the date that the order is issued, the
8department shall refer the order to the division of hearings and appeals for review
9as provided in s. 195.325
.
AB150-ASA1-AA4, s. 5191g 10Section 5191g. 195.285 (2) of the statutes is amended to read:
AB150-ASA1-AA4,50,1411 195.285 (2) Signs placed upon the order of the office department or the division
12of hearings and appeals
under this section shall exempt vehicles from stopping as
13required under s. 346.45, unless a train or engine is occupying or approaching the
14crossing.
AB150-ASA1-AA4, s. 5192g 15Section 5192g. 195.285 (3) of the statutes is amended to read:
AB150-ASA1-AA4,50,2016 195.285 (3) The department shall establish standards for the type of signs,
17signals, markings or other devices for exempting vehicles from stopping as required
18under s. 346.45 and their location in relation to the highway and railroad track. The
19office department may upon petition or its own motion, with or without a hearing,
20order the removal of a sign exempting vehicles from stopping at a crossing.
AB150-ASA1-AA4, s. 5193g 21Section 5193g. 195.286 (2) of the statutes is repealed and recreated to read:
AB150-ASA1-AA4,51,222 195.286 (2) Description and location. The signs shall be constructed, erected
23and located as specified by the manual adopted by the department under s. 84.02 (4)
24(e). This subsection does not apply to any sign complying with s. 195.286 (2) and (3),

11993 stats., on the effective date of this subsection .... [revisor inserts date], until such
2time as the sign is replaced or relocated.
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