ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 588
February 20, 2006 - Offered by Representative Townsend.
AB588-ASA1,2,9 1An Act to repeal 189.02 (5) and (6), 190.16 (1), (3) and (4), 192.14, 192.18,
2192.255, 192.266, 192.267 and 192.268, 192.29 (1), 192.32 (1) (c), 192.42, 192.71
3and 192.72, 195.05 (5) and (6), 195.08 (5), 195.08 (10), 195.17, 195.19 (1), 195.19
4(3), 195.22 and 195.24 and 195.305 and 195.33; to renumber and amend
5192.29 (2), 192.31 (1) and 195.39; to amend 15.79, 15.795 (1), 20.155 (2), 25.40
6(1) (f) 1., 85.01 (5), 85.08 (4m) (e) 5., 85.09 (3) (a), 190.02 (5), 190.025 (2) (b),
7190.16 (2), 190.16 (5), 191.17, 191.19 (1), 191.19 (3), 192.29 (title), 192.29 (4),
8192.292, 192.295, 192.31 (4), 192.321, 192.33 (1), 192.52 (1), 192.53 (4) (b),
9192.53 (6), 192.55 (6), 192.55 (7), chapter 195 (title), 195.02 (3), 195.02 (5),
10195.03 (7), 195.03 (8), 195.03 (9), 195.03 (10), 195.03 (11), 195.03 (12), 195.03
11(13), 195.03 (19), 195.04 (1), 195.04 (2), 195.04 (3), 195.041, 195.042, 195.043,
12195.05 (title), 195.05 (1), 195.05 (3), 195.05 (4), 195.07 (1), 195.07 (2), 195.08
13(title), 195.08 (1r), 195.08 (2), 195.08 (3), 195.08 (4), 195.08 (7), 195.08 (9),

1195.08 (11), 195.10, 195.11, 195.12, 195.13, 195.14, 195.15, 195.16, 195.19
2(title), 195.19 (2), 195.21, 195.26, 195.27, 195.286 (6) (title), 195.286 (7), 195.34,
3195.35 (1), 195.36, 195.37 (title), 195.37 (1), 195.38, 195.50, 195.60 (title),
4195.60 (1), 195.60 (2), 195.60 (3), 195.60 (4) (a), 195.60 (5), 197.10 (4), 201.01 (1),
5201.01 (2), 201.13, 706.05 (2m) (b) 2. and 706.09 (3) (a); and to create 182.018
6(4), 190.005, 192.005 and 195.02 (4m) of the statutes; relating to: repealing
7provisions that may be inconsistent with federal law of, and modernizing,
8chapters 189 to 192 and 195 and other provisions related to railroad regulation
9and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB588-ASA1, s. 1 10Section 1. 15.79 of the statutes is amended to read:
AB588-ASA1,2,18 1115.79 Public service commission; creation. There is created a public
12service commission. No member of the commission may have a financial interest in
13a railroad, water carrier, or public utility. If any member voluntarily becomes so
14interested, the member's office shall become vacant. If the member involuntarily
15becomes so interested, the member's office shall become vacant unless the member
16divests himself or herself of the interest within a reasonable time. No commissioner
17may serve on or under any committee of a political party. Each commissioner shall
18hold office until a successor is appointed and qualified.
AB588-ASA1, s. 2 19Section 2. 15.795 (1) of the statutes is amended to read:
AB588-ASA1,3,420 15.795 (1) Office of the commissioner of railroads. There is created an office
21of the commissioner of railroads which is attached to the public service commission
22under s. 15.03, provided that s. 85.02 (1) does not apply to the office of the
23commissioner of railroads. The commissioner of railroads shall have expertise in

1railroad issues and may not have a financial interest in a railroad, as defined in s.
2195.02 (1), or a water carrier, as defined in s. 195.02 (5). The commissioner may not
3serve on or under any committee of a political party. The commissioner shall hold
4office until a successor is appointed and qualified.
AB588-ASA1, s. 3 5Section 3. 20.155 (2) of the statutes is amended to read:
AB588-ASA1,3,116 20.155 (2) Office of the commissioner of railroads. (g) Railroad and water
7carrier
regulation and general program operations. The amounts in the schedule for
8railroad and water carrier regulation under chs. 189 to 192 and 195 and general
9program operations of the office of the commissioner of railroads. Ninety percent of
10all moneys received by the office under s. 195.60 or 201.10 (3) shall be credited to this
11appropriation.
AB588-ASA1,3,1412 (m) Railroad and water carrier regulation; federal funds. All moneys received
13from the federal government for the regulation of railroads and water carriers, for
14such purposes.
AB588-ASA1, s. 4 15Section 4. 25.40 (1) (f) 1. of the statutes is amended to read:
AB588-ASA1,3,1816 25.40 (1) (f) 1. Moneys received from the federal government, for the regulation
17of railroads and water carriers, that are deposited in the general fund and credited
18to the appropriation under s. 20.155 (2) (m).
AB588-ASA1, s. 5 19Section 5. 85.01 (5) of the statutes is amended to read:
AB588-ASA1,3,2420 85.01 (5) "Railroad" means a railroad as defined in s. 192.15 (2) (e), a railroad
21as defined in s. 195.02 (1) and any company, association, corporation or person
22managing, maintaining, operating or in possession of a railroad in whole or in part
23within this state whether as owner, contractor, lessee, mortgagee, trustee, assignee
24or receiver.
AB588-ASA1, s. 6 25Section 6. 85.08 (4m) (e) 5. of the statutes is amended to read:
AB588-ASA1,4,9
185.08 (4m) (e) 5. An application for a loan under this paragraph may not be
2made if an abandonment or discontinuance application is pending on the line or
3portion of line, or the line or portion of line on which the rail property improvements
4are located has been designated by the railroad to the interstate commerce
5commission
federal surface transportation board on its system diagram map as
6anticipated to be the subject of an abandonment or discontinuance application
7within a 3-year period following the date of the application or the date on which the
8loan is scheduled, unless the secretary determines that this restriction may be
9waived for a particular application.
AB588-ASA1, s. 7 10Section 7. 85.09 (3) (a) of the statutes is amended to read:
AB588-ASA1,4,1311 85.09 (3) (a) A certificate or approval of abandonment has been issued by the
12interstate commerce commission federal surface transportation board or federal
13court or any other federal or state agency having jurisdiction over the rail property.
AB588-ASA1, s. 8 14Section 8. 182.018 (4) of the statutes is created to read:
AB588-ASA1,4,1615 182.018 (4) This section applies only to the extent that it is not contrary to or
16inconsistent with federal law.
AB588-ASA1, s. 9 17Section 9. 189.02 (5) and (6) of the statutes are repealed.
AB588-ASA1, s. 10 18Section 10. 190.005 of the statutes is created to read:
AB588-ASA1,4,21 19190.005 Scope of chapter. Each provision of this chapter applies only to the
20extent that it is not contrary to or inconsistent with federal law or the constitution
21of the United States.
AB588-ASA1, s. 11 22Section 11. 190.02 (5) of the statutes is amended to read:
AB588-ASA1,5,923 190.02 (5) Cross highways, streets, streams; highway bridges. To construct its
24railroad across, over, under, along or upon any stream, watercourse, street, highway,
25road or canal; to carry any highway, street or road which it shall intersect over or

1under its tracks as may be most expedient for the public good; to change the course
2and direction of any highway, street or road when made necessary or desirable by the
3construction of the railroad and acquire land necessary therefor; provided, such
4highway or road be not so changed from its original course more than six rods, nor
5its distance thereby lengthened more than five rods; and provided, further, that
6every
, subject to the limitation that any bridge erected over any highway or street
7shall leave a clear passageway at least twenty 20 feet wide or two 2 passageways,
8each not less than fourteen 14 feet in width, and subject to any other limitation on
9such construction provided by law
.
AB588-ASA1, s. 12 10Section 12. 190.025 (2) (b) of the statutes is amended to read:
AB588-ASA1,5,2411 190.025 (2) (b) A railroad corporation that is subject to this subsection shall
12have all powers conferred by law upon railroad corporations. The railroad
13corporation may issue, sell, pledge or otherwise dispose of its evidences of debt, at
14such times, in such amounts, for such considerations and upon such terms and
15conditions as the board of directors of the corporation shall determine, and as shall
16be authorized by the office, or the interstate commerce commission federal surface
17transportation board
in the case of a railroad corporation organized for the purpose
18of acquiring a railroad engaged in interstate commerce, or any existing railroad
19corporation reorganized under the act and acquiring railroad property used in
20interstate commerce. The evidences of debt may be convertible, at the option of the
21holder, into stock, and shares of stock. The shares may have a nominal or par value
22or, if the shares are shares of common stock, be without nominal or par value. The
23shares may be of such classes, with such rights and voting powers as may be
24expressed in the corporation's articles or any amendment thereto.
AB588-ASA1, s. 13 25Section 13. 190.16 (1), (3) and (4) of the statutes are repealed.
AB588-ASA1, s. 14
1Section 14. 190.16 (2) of the statutes is amended to read:
AB588-ASA1,6,72 190.16 (2) Municipal consent. No such spur tracks shall be constructed across,
3or upon any street, road or alley, within any city, village or town, until application
4therefor shall have been made to and acted upon by such city, village or town. The
5city may prescribe any reasonable terms and conditions for the construction of any
6such spur track. Construction of spur tracks across or upon any street, road, or alley
7is subject to the provisions of ch. 195.
AB588-ASA1, s. 15 8Section 15. 190.16 (5) of the statutes is amended to read:
AB588-ASA1,6,179 190.16 (5) Removal, when. Except where a spur track was constructed prior
10to June 16, 1925, at the expense of the railroad company, no spur track shall be
11removed, dismantled or otherwise rendered unfit for service except upon order of

12When a spur track has been abandoned, as defined in s. 85.09, the office made, after
13hearing held upon notice to all parties interested, and for good cause shown; provided
14may order the removal of the track except that, if no objection has been filed with the
15office within 20 days from the original publication of such notice, the office may
16without hearing authorize such spur track removed, dismantled or otherwise
17rendered unfit for service
the removal of the track.
AB588-ASA1, s. 16 18Section 16. 191.17 of the statutes is amended to read:
AB588-ASA1,7,3 19191.17 Public safety; investigation; approval of plans. Upon receiving
20the specification required by s. 191.16, the office shall examine the same and shall
21hear the applicant in support thereof, shall suggest and require modifications of the
22specification if the public safety so demands, eliminating so far as may be
23practicable, consistent with reasonable cost, all grade crossings of public highways,
24shall inspect the route of the proposed railroad if deemed desirable, and shall
25otherwise investigate and determine that the proposed construction will be adequate

1for securing public safety in the operation of the railroad, and thereupon the office
2shall enter an order approving the specification and authorizing the construction of
3the railroad in accordance therewith and with the provisions of ch. 195.
AB588-ASA1, s. 17 4Section 17. 191.19 (1) of the statutes is amended to read:
AB588-ASA1,7,125 191.19 (1) Upon the completion of the construction of any railroad under the
6approved specification, the company shall, before operating the same for public
7service, report to the office; and the office shall inspect the work. If the office finds
8that the railroad has been constructed in accordance with the approved specification
9and with the provisions of ch. 195 and is otherwise suitable and properly constructed
10so as to secure public safety in the operation thereof, the office shall enter an order
11authorizing its operation, which order shall be presumptive evidence of the
12sufficiency of such construction.
AB588-ASA1, s. 18 13Section 18. 191.19 (3) of the statutes is amended to read:
AB588-ASA1,7,2014 191.19 (3) If upon inspection the office shall deem that public safety requires
15the installation, operation and maintenance of some protective appliance at any
16grade crossing of railroad tracks the office may, before granting the order, after notice
17and hearing under s. 195.28, require the installation, operation and maintenance of
18suitable protective appliances, and shall apportion the expense of constructing,
19maintaining and operating such protective appliances among the owners of the
20tracks.
AB588-ASA1, s. 19 21Section 19. 192.005 of the statutes is created to read:
AB588-ASA1,7,24 22192.005 Scope of chapter. Each provision of this chapter applies only to the
23extent that it is not contrary to or inconsistent with federal law or the constitution
24of the United States.
AB588-ASA1, s. 20 25Section 20. 192.14 of the statutes is repealed.
AB588-ASA1, s. 21
1Section 21. 192.18, 192.255, 192.266, 192.267 and 192.268 of the statutes are
2repealed.
AB588-ASA1, s. 22 3Section 22. 192.29 (title) of the statutes is amended to read:
AB588-ASA1,8,5 4192.29 (title) Train speed bells and crossing signs at street and highway
5crossings.
AB588-ASA1, s. 23 6Section 23. 192.29 (1) of the statutes is repealed.
AB588-ASA1, s. 24 7Section 24. 192.29 (2) of the statutes is renumbered 195.28 (1m) and amended
8to read:
AB588-ASA1,8,119 195.28 (1m) Arterial stop signs. In any proceeding under sub. (1) or under
10s. 195.28
, the office may by order require that the state or municipality install at any
11crossing involved in such proceeding an official stop sign.
AB588-ASA1, s. 25 12Section 25. 192.29 (4) of the statutes is amended to read:
AB588-ASA1,8,1913 192.29 (4) Highways, whistle, horn,; bell. No railroad train or locomotive shall
14run over any public traveled grade highway crossing outside of the limits of
15municipalities unless the whistle or horn engine bell shall be blown rung
16continuously from
1,320 feet from such before the crossing and the engine bell rung
17continuously from thence
until the crossing be is reached. But the office may order
18that the ringing of the bell or the blowing of the whistle, or horn, or both, as required
19by this subsection shall be omitted at any crossing.
AB588-ASA1, s. 26 20Section 26. 192.292 of the statutes is amended to read:
AB588-ASA1,9,3 21192.292 Trains obstructing highways. It shall be unlawful to stop any
22railroad train, locomotive or car upon or across any highway or street crossing,
23outside of cities, or leave the same standing upon such crossing longer than 10
24minutes, except in cases of accident; and any conductor, engineer, brakeman or other
25person in charge thereof or responsible therefor who
railroad company that shall

1violate this section shall be liable to a fine of not more than $25 $500 or any officer
2of such company responsible for the violation shall be liable
to imprisonment of not
3more than 15 days.
AB588-ASA1, s. 27 4Section 27. 192.295 of the statutes is amended to read:
AB588-ASA1,9,10 5192.295 Willful neglect of railroad employees. Any officer, agent,
6conductor, engineer or employee of any railroad company operating within this state
7who willfully neglects or omits to ring or cause to be rung the bell on the engine of
8any train of cars or on an engine alone or to blow the whistle, as required by s. 192.29
9(3) and (4), shall be imprisoned not more than 6 months or fined not exceeding forfeit
10$100.
AB588-ASA1, s. 27 11Section 27. 192.31 (1) of the statutes is renumbered 192.31 (1) (a) and
12amended to read:
AB588-ASA1,9,1613 192.31 (1) (a) Every railroad corporation shall maintain suitable telltales
14wherever any overhead structure or any part thereof is less than 23 feet above the
15top of rail;
Telltales shall not be required except to the extent required under federal
16law and
except that if as provided in par. (b).
AB588-ASA1,9,25 17(b) If the office finds that the installation of a telltale at any particular place
18would be impracticable or would result in an increased hazard to either the public
19or an employee and that either or both such factors outweigh the safety benefit which
20would result from the installation of a telltale,
absence of a telltale would create an
21unreasonable risk of harm to the public or a railroad employee on a railroad not
22under the jurisdiction of the federal railroad administration,
the office may enter an
23order providing an exemption from this section. The exemption requiring the
24installation of a telltale. A telltale
shall be ordered by the office only after public
25hearing
according to the hearing procedure provided under sub. (4).
AB588-ASA1, s. 28
1Section 28. 192.31 (4) of the statutes is amended to read:
AB588-ASA1,10,132 192.31 (4) Upon finding that any such structure will not imperil life or limb,
3and that the public interest requires or permits such structure to be constructed or
4reconstructed otherwise than as permitted by sub. (3), the office may exempt such
5structure from such provision. Such findings shall be made only upon written
6application, setting forth fully the grounds therefor and shall be made only after
7public hearing held upon notice to all interested parties except that, if no objection
8is filed with the office within 20 days of the notice, the office may require the
9installation of a telltale without hearing
. The findings and order granting exemption
10requiring the installation of a telltale shall be in writing and contain complete
11provisions and requirements as to the vertical clearance to be maintained in such
12construction or reconstruction. Such structure shall be constructed or reconstructed
13only in compliance with such order.
AB588-ASA1, s. 29 14Section 29. 192.32 (1) (c) of the statutes is repealed
AB588-ASA1, s. 30 15Section 30. 192.321 of the statutes is amended to read:
AB588-ASA1,10,20 16192.321 Getting on and off cars. Any person under the age of 17 years who
17shall get upon, attempt to get upon, cling to, jump or step from any railroad car or
18train while the same is in motion shall be punished by fine of not more than $20 nor
19less than $2
forfeit not less than $100 nor more than $200, provided that this section
20shall not apply to the employees of any railway or express railroad company.
AB588-ASA1, s. 31 21Section 31. 192.33 (1) of the statutes is amended to read:
AB588-ASA1,11,322 192.33 (1) Every Subject to s. 190.09, every corporation operating any railroad
23shall erect and maintain on both sides of its road railroad, depot grounds excepted,
24sufficient fences with openings or gates or bars therein, and suitable and convenient
25farm crossings for the use of the occupants of the lands adjoining and shall maintain

1cattle guards at all highway crossings, outside of municipalities, and connect their
2fences therewith. This section shall not apply to that part of the road railroad where
3sidetracks or switch tracks are used in cities of the first 1st class.
AB588-ASA1, s. 32 4Section 32. 192.42 of the statutes is repealed.
AB588-ASA1, s. 33 5Section 33. 192.52 (1) of the statutes is amended to read:
AB588-ASA1,11,96 192.52 (1) (a) The term "shops" shall mean and embrace plants and locations
7where steam railroads engage in the general work of repairing, painting,
8overhauling or constructing locomotives, cars, coaches and other rolling stock and
9appurtenances thereto.
AB588-ASA1,11,1310 (b) The word "terminal" as employed in this section shall mean where trains
11are customarily and normally made up, or where train and engine crews on through
12trains are normally and customarily changed on the main line of any steam railroad
13operating in this state.
AB588-ASA1, s. 34 14Section 34. 192.53 (4) (b) of the statutes is amended to read:
AB588-ASA1,11,2415 192.53 (4) (b) The office shall make the findings described in par. (a) only upon
16written application to it to exempt the construction or reconstruction of a structure
17from the requirements of this section, setting forth fully the grounds therefor, and
18only after public hearing held upon notice to all interested parties except that, if no
19objection is filed with the office within 20 days of the notice, the office may authorize
20the exemption without hearing
. The office's findings and order granting the
21exemption shall be in writing and shall contain complete provisions and
22requirements as to the horizontal clearance to be maintained in the construction or
23reconstruction. The structure shall be constructed or reconstructed only in
24compliance with the office's order.
AB588-ASA1, s. 35 25Section 35. 192.53 (6) of the statutes is amended to read:
AB588-ASA1,12,4
1192.53 (6) Any railroad or shipper to which this section applies, who violates
2any provision of this section or who fails, neglects or refuses to obey any lawful order
3made by the office under this section, shall be fined forfeit not more less than $100
4or imprisoned for not more than 60 days or both nor more than $200.
AB588-ASA1, s. 36 5Section 36. 192.55 (6) of the statutes is amended to read:
AB588-ASA1,12,86 192.55 (6) Any person violating s. 192.32 shall be punished by a fine of forfeit
7not less than $1 $100 nor more than $50, or by imprisonment not exceeding 30 days,
8or by both such fine and imprisonment
$200.
AB588-ASA1, s. 37 9Section 37. 192.55 (7) of the statutes is amended to read:
AB588-ASA1,12,1210 192.55 (7) Any railroad which violates s. 192.14 or 192.15 shall forfeit to the
11state $100 for each violation and each day that the violation continues shall be
12deemed a separate offense.
AB588-ASA1, s. 38 13Section 38. 192.71 and 192.72 of the statutes are repealed.
AB588-ASA1, s. 39 14Section 39. Chapter 195 (title) of the statutes is amended to read:
AB588-ASA1,12,1515 CHAPTER 195
AB588-ASA1,12,1616 RAILROAD and water carrier REGULATION
AB588-ASA1, s. 40 17Section 40. 195.02 (3) of the statutes is amended to read:
AB588-ASA1,12,2518 195.02 (3) This chapter applies to the transportation of passengers and
19property between points within this state, and to the receiving, switching,
20delivering, storing and handling of such property, and to all water carrier charges
21connected therewith, and applies to all common carriers engaged in the
22transportation of passengers or property wholly by rail or partly by rail and partly
23by water, and to all common carriers of property wholly by water which operate
24between fixed end points, but shall not apply to transportation of property by water
25under contract as a private carrier.
AB588-ASA1, s. 41
1Section 41. 195.02 (4m) of the statutes is created to read:
AB588-ASA1,13,42 195.02 (4m) Each provision of this chapter applies only to the extent that it is
3not contrary to or inconsistent with federal law or the constitution of the United
4States.
AB588-ASA1, s. 42 5Section 42. 195.02 (5) of the statutes is amended to read:
AB588-ASA1,13,146 195.02 (5) "Railroad" also " Water carrier" means and embraces a common
7carriers or contract carrier of property by water which operate that operates between
8fixed end points, and all of the duties required of, and penalties imposed upon, any
9railroad or any agent or officer thereof shall, insofar as the same are applicable, be
10required of, and imposed upon, such common carriers of property by water
but does
11not include a water carrier under common control with a railroad when transporting
12freight for continuous carriage or shipment. In this chapter, "common carrier," with
13respect to a water carrier, includes a contract carrier other than a private contract
14carrier
.
AB588-ASA1, s. 43 15Section 43. 195.03 (7) of the statutes is amended to read:
AB588-ASA1,13,2116 195.03 (7) Study railroad and water carrier business, demand information.
17The office may inquire into the management of the business of all railroads and water
18carriers
, and shall keep itself informed as to the manner in which the same is
19conducted, and may obtain from any railroad or water carrier all necessary
20information to enable the office to perform the duties and carry out the objects for
21which it is responsible.
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