AB150: Bill Text

AB150,1694,16 190.03 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 revenue, 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 revenue, 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 revenue 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.

****Note: This is reconciled s. 190.03. This Section has been affected by drafts with the following LRB numbers: LRB-2136 and LRB-2285.

AB150, s. 5071 Section 5071. 190.051 (1) of the statutes is amended to read:

AB150,1695,7 190.051 (1) Any railroad corporation may extend its road from any point named in its charter or articles of organization, or may build branch roads from any point on its line or from any point on the line of any other road connected or to be connected with its road, the use of which other road between such points and the connection with its own road such corporation shall have secured for a term of not less than ten years. Before making such extension or building any such branch road such corporation shall, by resolution of its directors, to be entered in the record of its proceedings, designate the route of such proposed extension or branch, and file, for record, a copy of such record, certified by the president and secretary, in the office of the secretary of state with the department of revenue. Thereupon such corporation shall have all the rights and privileges to make such extension or build such branch and receive aid thereto which it would have had if it had been authorized in its charter or articles of organization.

AB150, s. 5072 Section 5072. 190.06 (1) of the statutes is amended to read:

AB150,1695,21 190.06 (1) Any railroad corporation existing under the laws of this state, or by consolidation under said laws and the laws of other states, may consolidate with any other railroad corporation, and possess all of the powers, franchises and immunities, and be subject to all the liabilities and restrictions of railroad corporations generally, and such, in addition, as the combining corporations peculiarly possessed or were subject to at the time of consolidation. Articles of consolidation shall be approved by each corporation, by a vote of a majority of the stock at an annual meeting or at a special meeting called for that purpose or by the consent in writing of the holders of a majority of the stock annexed to such articles; and such articles, with a copy of the records of such approval or such consent and accompanied by lists of the stockholders and the number of shares held by each, duly certified by their respective presidents and secretaries, shall be filed for record in the office of the secretary of state with the department of revenue before any such consolidation shall have validity or effect.

AB150, s. 5073 Section 5073. 190.11 (1) of the statutes is amended to read:

AB150,1696,3 190.11 (1) Every conveyance or lease, deed of trust, mortgage or satisfaction thereof made by any railroad corporation shall be executed and acknowledged in the manner in which conveyances of real estate by corporations are required to be to entitle the same to be recorded, and shall be filed in the office of the secretary of state, who with the department of revenue, which shall endorse thereon "filed" and the date of filing.

AB150, s. 5074 Section 5074. 190.11 (3) of the statutes is amended to read:

AB150,1696,6 190.11 (3) The secretary of state department of revenue shall collect a fee of $1 per page filed under sub. (1).

AB150, s. 5075 Section 5075. 190.11 (4) of the statutes is amended to read:

AB150,1696,13 190.11 (4) The secretary of state department of revenue shall collect a fee at the rate under s. 77.22 and, on or before the 15th day of the month after the fee is collected, shall remit that fee to the department of administration for deposit in the general fund and transmit a copy of the return associated with that return to the department of revenue. Sections 77.21, 77.22 and 77.25 to 77.27 apply to the fee under this subsection.

AB150, s. 5076 Section 5076. 190.13 of the statutes is amended to read:

AB150,1696,24 190.13 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 revenue.

****Note: This is reconciled s. 190.13. This Section has been affected by drafts with the following LRB numbers: LRB-2136 and LRB-2285.

AB150, s. 5077 Section 5077. 190.16 (4) (a) of the statutes is amended to read:

AB150,1697,9 190.16 (4) (a) Every railroad shall acquire the necessary right-of-way for and shall construct, connect, maintain and operate a reasonably adequate spur track whenever such spur track does not necessarily exceed 3 miles in length, is practically indispensable to the successful operation of any existing or proposed industry or enterprise, and its construction and operation is not unusually dangerous, and is not unreasonably harmful to public interest, and any person aggrieved by the failure of any railroad to fully perform such obligation may prosecute proceedings before the office division of hearings and appeals to compel compliance therewith.

AB150, s. 5078 Section 5078. 190.16 (4) (b) of the statutes is amended to read:

AB150,1698,3 190.16 (4) (b) Such railroad may require the person primarily to be served thereby to pay the legitimate cost and expense of acquiring the necessary right-of-way for such spur track, and of constructing the same, the cost to be estimated in separate items by the office division of hearings and appeals, and deposited with the railroad, before it shall be required to incur any expense whatever therefor; but such person, in lieu of depositing the total estimated cost may offer in writing to construct such spur track, the offer to be accompanied by a surety company bond, running to such railroad, and conditioned upon the construction of such spur track in a good and workmanlike manner, according to the plans and specifications of such railroad, approved by the office division of hearings and appeals, and deposit with such railroad the estimated cost of the necessary right-of-way. Provided that before the railroad shall be required to incur any expense whatever in the construction of such spur track, the person primarily to be served thereby shall give the railroad a bond to be approved by the office division of hearings and appeals as to form, amount and surety, securing the railroad against loss on account of any expense incurred beyond the estimated cost.

AB150, s. 5079 Section 5079. 190.16 (4) (c) of the statutes is amended to read:

AB150,1698,10 190.16 (4) (c) Whenever a spur track is so constructed at the expense of the owner of any industry or enterprise, and any other person shall desire a connection with such spur track, application therefor shall be made to the office division of hearings and appeals, and such other person shall be required to pay to such owner an equitable proportion of the cost thereof, to be determined by the office divisions of hearings and appeals.

AB150, s. 5080 Section 5080. 190.16 (5) of the statutes is amended to read:

AB150,1698,20 190.16 (5) Removal, when. Except where a spur track was constructed prior to June 16, 1925, at the expense of the railroad company, no spur track shall be removed, dismantled or otherwise rendered unfit for service except upon order of the office division of hearings and appeals made after hearing held upon notice to all parties interested, and for good cause shown; provided that if no objection has been filed with the office division of hearings and appeals within 20 days from the original publication of such notice, the office division of hearings and appeals may without hearing authorize such spur track removed, dismantled or otherwise rendered unfit for service.

AB150, s. 5081 Section 5081. 191.001 (1) of the statutes is repealed and recreated to read:

AB150,1698,22 191.001 (1) "Department" means the department of transportation.

AB150, s. 5082 Section 5082. 191.01 (2) of the statutes is amended to read:

AB150,1699,4 191.01 (2) (title) 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 authorizing the construction of the railroad, and the certificate shall constitute the license from this state to the company to build its proposed railroad.

AB150, s. 5083 Section 5083. 191.03 of the statutes is amended to read:

AB150,1699,11 191.03 Articles; publication prerequisite to certificate. No railroad corporation shall make application for a certificate authorizing construction of a railroad 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.

AB150, s. 5084 Section 5084. 191.05 of the statutes is amended to read:

AB150,1699,17 191.05 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 authorizing construction. 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.

AB150, s. 5085 Section 5085. 191.07 of the statutes is amended to read:

AB150,1700,2 191.07 Hearing of applicants; notice. Upon receiving such application the office shall department may 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. If the department sets a hearing, the department 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.

AB150, s. 5086 Section 5086. 191.09 of the statutes is repealed and recreated to read:

AB150,1700,5 191.09 Procedures before the department. Chapter 227 applies to all proceedings under this chapter.

AB150, s. 5087 Section 5087. 191.10 (title) of the statutes is amended to read:

AB150,1700,7 191.10 (title) Certificate of necessity.

AB150, s. 5088 Section 5088. 191.10 (1) of the statutes is amended to read:

AB150,1700,23 191.10 (1) Issuance, filing, recording, condemnation. If the office of the commissioner of railroads finds that the proposed railroad would be a public convenience and that a necessity requires its construction, the office of the commissioner of railroads shall enter an order to that effect and issue department issues 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 secretary of state and the office of the secretary of state under this chapter, the applicant shall file the certificate with the department of revenue. The department of transportation 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 of transportation 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 secretary of state department of revenue and the recording of the map, as above provided, are conditions precedent to the right of the applicant to institute condemnation proceedings.

****Note: This is reconciled s. 191.10 (1). This Section has been affected by drafts with the following LRB numbers: LRB-2136 and LRB-2285.

AB150, s. 5089 Section 5089. 191.10 (2) of the statutes is amended to read:

AB150,1701,6 191.10 (2) Certificate for part of line. Whenever it shall appear to the office 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 The department may issue a certificate for the construction of such part of the railroad as public convenience and necessity require.

AB150, s. 5090 Section 5090. 191.10 (3) of the statutes is amended to read:

AB150,1701,13 191.10 (3) Refusal of certificate; renewal of application. If the office shall determine that the proposed railroad is not a necessity or is not required by public convenience, the office shall by order refuse to grant a certificate, department denies the application for a certificate, the department shall issue an order refusing the certificate and stating the reasons for the refusal. The application may be renewed after 2 years from the date of the refusal, but not sooner.

AB150, s. 5091 Section 5091. 191.11 of the statutes is amended to read:

AB150,1701,21 191.11 Revocation of certificate. If any railroad company after obtaining a certificate that public convenience and a necessity require authorizing 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.

AB150, s. 5092 Section 5092. 191.13 (2) of the statutes is amended to read:

AB150,1702,8 191.13 (2) No railroad corporation shall exercise such power until it has obtained from the office department a certificate that public convenience and necessity require authorizing 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.

AB150, s. 5093 Section 5093. 191.16 of the statutes is amended to read:

AB150,1702,20 191.16 (title) Construction items submitted to office department. Upon receiving the certificate of public convenience and necessity authorizing construction, 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.

AB150, s. 5094 Section 5094. 191.17 of the statutes is amended to read:

AB150,1703,6 191.17 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.

AB150, s. 5095 Section 5095. 191.19 (1) of the statutes is amended to read:

AB150,1703,15 191.19 (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 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.

AB150, s. 5096 Section 5096. 191.19 (3) of the statutes is amended to read:

AB150,1703,23 191.19 (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, 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.

AB150, s. 5097 Section 5097. 191.20 of the statutes is amended to read:

AB150,1704,10 191.20 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 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 after notice to the municipality.

AB150, s. 5098 Section 5098. 191.21 of the statutes is amended to read:

AB150,1704,15 191.21 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.

AB150, s. 5099 Section 5099. 192.001 (1r) of the statutes is created to read:

AB150,1704,18 192.001 (1r) "Division of hearings and appeals" means the division of hearings and appeals in the department of administration.

AB150, s. 5100 Section 5100. 192.001 (2) of the statutes is repealed.

AB150, s. 5101 Section 5101. 192.14 (10) of the statutes is amended to read:

AB150,1705,2 192.14 (10) If in any particular case any temporary exemption from any requirement of this section is deemed necessary by a carrier, the office department shall consider the application of the carrier for temporary 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 will be limited to the particular case specified and shall be limited to a stated period of time.

AB150, s. 5102 Section 5102. 192.14 (12) of the statutes is amended to read:

AB150,1705,5 192.14 (12) The office department may after public hearing make rules and establish the standards deemed necessary to carry out the purposes of this section.

AB150, s. 5103 Section 5103. 192.15 (14) of the statutes is amended to read:

AB150,1705,12 192.15 (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.

AB150, s. 5104 Section 5104. 192.27 (1) of the statutes is amended to read:

AB150,1705,22 192.27 (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.

AB150, s. 5105 Section 5105. 192.29 (1) of the statutes is amended to read:

AB150,1706,20 192.29 (1) Setting maximum speed. Upon petition to the office department by the governing body of any city or village or by any railroad corporation alleging that any railroad crossing of one or more public highways or streets in the city or village is dangerous to human life and that public safety requires a designation of the maximum speed of a train over such crossing or crossings, or that an order previously made by the office department should be modified, the office department shall give notice to the parties in interest and order a hearing thereon in the manner provided by s. 195.04 ch. 227. If after the hearing the office department shall determine that the crossing or crossings described in the petition are dangerous to human life, it may by order determine what maximum speed of a train over the crossing is reasonably required by public safety and is consistent with the public need for adequate and expeditious passenger and freight service by railroad, having due regard for other orders entered by the office department and to practical railroad operating conditions. Where the office department has designated the maximum speed of any train or trains over such crossing or crossings, the rate of speed shall be the lawful maximum speed at which any train affected by the order can be operated over the public highway or street crossing, until changed by subsequent order of the office department. Every railroad corporation violating any order entered under this subsection shall for every violation forfeit not less than $10 nor more than $100. The jurisdiction over train speeds hereby vested in the office department shall be exclusive, but any order entered by the office department hereunder shall be subject to judicial review in the manner provided by ch. 227.

AB150, s. 5106 Section 5106. 192.29 (2) of the statutes is amended to read:

AB150,1706,24 192.29 (2) Arterial stop signs. In any proceeding under sub. (1) or under s. 195.28, the office department may by order require that the state or municipality install at any crossing involved in such proceeding an official stop sign.

AB150, s. 5107 Section 5107. 192.29 (4) of the statutes is amended to read:

AB150,1707,7 192.29 (4) Highways, whistle, horn, bell. No railroad train or locomotive shall run over any public traveled grade highway crossing outside of the limits of municipalities unless the whistle or horn shall be blown 1,320 feet from such crossing and the engine bell rung continuously from thence until the crossing be reached. But the office department may order that the ringing of the bell or the blowing of the whistle, or horn, or both, as required by this subsection shall be omitted at any crossing.

AB150, s. 5108 Section 5108. 192.29 (5) of the statutes is amended to read:

AB150,1707,15 192.29 (5) Danger signs. Wherever its track crosses a public highway or street, every railroad corporation shall maintain on each side of the track and near such crossing a large signboard with the following inscription, painted in large letters: "Railroad Crossing," in such manner as to be visible to approaching traffic on the highway or street at least 100 feet distant railroad crossing sign. The sign shall be constructed and erected as provided in the manual adopted by the department under s. 84.02 (4) (e).

AB150, s. 5109 Section 5109. 192.31 (1) of the statutes is amended to read:

AB150,1707,25 192.31 (1) Every railroad corporation shall maintain suitable telltales wherever any overhead structure or any part thereof is less than 23 feet above the top of rail; except that if the office department finds that the installation of a telltale at any particular place would be impracticable or would result in an increased hazard to either the public or an employe and that either or both such factors outweigh the safety benefit which would result from the installation of a telltale, the office department may enter an order providing an exemption from this section. The exemption shall be ordered by the office department only after public hearing under sub. (4).

AB150, s. 5110 Section 5110. 192.31 (2) of the statutes is amended to read:

AB150,1708,3 192.31 (2) The office department may determine the materials for and the construction and placing of such telltales.

AB150, s. 5111 Section 5111. 192.31 (4) of the statutes is amended to read:

AB150,1708,13 192.31 (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. The findings and order granting exemption 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.

AB150, s. 5112 Section 5112. 192.31 (5) of the statutes is amended to read:

AB150,1708,19 192.31 (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.

AB150, s. 5113 Section 5113. 192.324 of the statutes is amended to read:

AB150,1709,10 192.324 Railroad bridges to be safe for employes. 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 employes and the safety of such employes 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 under s. 85.013 (3) and ch. 227 by the division of hearings and appeals. The 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 employes requires the alteration of a railroad bridge. After the hearing, the office division of hearings and appeals shall determine what alteration, if any, of such bridge, shall be made. The expense of such alteration shall be borne by the railroad company.