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-AA4,40,1212
195.001
(3) "Secretary" means the secretary of transportation.
AB150-ASA1-AA4,40,15
14195.03 (title)
Office Department; powers and duties, general
15enumeration.
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-AA4,40,2421
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-AA4,41,62
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-AA4,41,158
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-AA4,41,2317
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-AA4,42,6
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-AA4,42,138
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-AA4,42,2320
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-AA4,43,3
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-AA4,43,65
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-AA4,43,108
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-AA4,43,1412
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-AA4,43,2016
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-AA4,44,139
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-AA4,45,11
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-AA4,45,2513
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-AA4,46,11
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-AA4,47,3
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-AA4,47,11
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-AA4,47,20
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-AA4,48,2422
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-AA4,49,12
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-AA4,49,1614
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-AA4,50,918
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-AA4,50,1411
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-AA4,50,2016
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-AA4,51,222
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.
