AB150: Bill Text

AB150,1715,2 192.56 (6) At a station where no agency service is provided, the application to the office division of hearings and appeals for such authorizing order shall set forth the facts showing the necessity for such action by the railroad company. Notice of proposed removal or abandonment shall be given by the office division of hearings and appeals by posting notice in 5 conspicuous places in the town or village concerned; and if within 20 days after the posting of notice no objections in writing are filed with the office division of hearings and appeals by persons directly affected, an order authorizing the abandonment of the station may be issued by the office division of hearings and appeals. If such objections to the granting of the order are filed with the office division of hearings and appeals, the office division of hearings and appeals shall proceed to hold a hearing in the matter as provided in subs. (4) and (5).

AB150, s. 5134 Section 5134. 192.71 of the statutes is amended to read:

AB150,1716,15 192.71 Lands may be sold; proceedings if terms of grant not complied with. Any railroad corporation upon which any lands granted to this state shall have been conferred to aid in the construction of any railroad may sell, assign and transfer the lands so conferred upon it or any portion thereof to any other railroad corporation which shall by law have the right to construct a railroad along and upon the line or any portion of the line upon which such lands are applicable under the grant of this state upon such terms and conditions as it shall fix; provided, that the corporation receiving such lands shall be bound to construct the part of the line of railroad to aid in the construction of which the lands were granted to this state, to which the assigned lands are applicable according to the terms of the grant by congress, and to comply fully with all conditions and requirements contained in the act in and by which the state conferred said lands upon said corporation. The terms and conditions of every such transfer shall be embodied in an agreement in writing, which shall be recorded in the office of the secretary of state with the department of revenue; and provided further, that no such transfer or assignment shall be of any force or effect until two-thirds of the full-paid stockholders of the corporation making the same shall have assented in writing thereto and until such assent shall have been filed with the secretary of state department of revenue. Whenever any grant of lands shall have been or shall hereafter be made to any corporation to aid in the construction of a railroad upon condition that such road or any portion thereof shall be completed within the period of time or times fixed or limited by the act or acts making such grant or grants or by any act or acts amendatory thereof, and such corporation shall have failed or shall hereafter fail to complete such railroad or any part or portions thereof within the time or times fixed or limited by such act or acts, it shall be the duty of the attorney general of the state to immediately institute, if the legislature shall not have revoked said grant, proceedings against such corporation in the supreme court of the state to ascertain judicially the facts in the premises, and if it shall appear that such corporation has failed to complete its railway or any portion thereof within the time limited by said act or acts, or has otherwise committed a breach of the condition or conditions upon which said grant was conferred upon it, or of the requirements of said act, judgment shall be entered in behalf of the state forfeiting, vacating and setting aside such grant or grants and annulling all rights and interest of such corporation in and to all lands granted to it and not fully earned and restoring such lands to the state, and such corporation shall thereafter be barred and foreclosed of all rights and interests in or to the lands so adjudged to be forfeited and restored to the state, and of all right to in any manner thereafter acquire the same.

AB150, s. 5135 Section 5135. 194.51 of the statutes is amended to read:

AB150,1717,4 194.51 Suit to recover protested tax. No suit shall be maintained in any court to restrain or delay the collection or payment of the taxes levied in this chapter. The aggrieved taxpayer shall pay the tax as and when due, and, if paid under protest, may at any time within 90 days from the date of such payment, sue the state in an action at law to recover the tax so paid. If it is finally determined that said tax, or any part thereof, was wrongfully collected for any reason, it shall be the duty of the department secretary of administration to issue a warrant on the state treasurer for the amount of such tax so adjudged to have been wrongfully collected, and the treasurer shall pay the same out of the transportation fund. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as may have been made within any 90-day period preceding the commencement of such an action. Such suits shall be commenced as provided in s. 775.01.

AB150, s. 5136 Section 5136. 195.001 (1r) of the statutes is created to read:

AB150,1717,7 195.001 (1r) "Division of hearings and appeals" means the division of hearings and appeals in the department of administration.

AB150, s. 5137 Section 5137. 195.001 (2) of the statutes is repealed.

AB150, s. 5138 Section 5138. 195.001 (3) of the statutes is created to read:

AB150,1717,10 195.001 (3) "Secretary" means the secretary of transportation.

AB150, s. 5139 Section 5139. 195.03 (title) of the statutes is amended to read:

AB150,1717,13 195.03 (title) Office Department; powers and duties, general enumeration.

AB150, s. 5140 Section 5140. 195.03 (1) of the statutes is amended to read:

AB150,1717,17 195.03 (1) Practice rules. The office department may take testimony and administer oaths and may promulgate rules to govern its proceedings and to regulate the mode and manner of all hearings. All hearings shall be open to the public.

AB150, s. 5141 Section 5141. 195.03 (2) of the statutes is amended to read:

AB150,1717,22 195.03 (2) (title) Office Department initiative. In any matter within its jurisdiction under ch. 192 or this chapter, the office department may initiate, investigate and order a hearing at its discretion upon such notice as it considers proper.

AB150, s. 5142 Section 5142. 195.03 (7) of the statutes is amended to read:

AB150,1718,3 195.03 (7) Study carrier business, demand information. The office department may inquire into the management of the business of all railroads, and shall keep itself informed as to the manner in which the same is conducted, and may obtain from any railroad all necessary information to enable the office department to perform the duties and carry out the objects for which it is responsible.

AB150, s. 5143 Section 5143. 195.03 (8) of the statutes is amended to read:

AB150,1718,12 195.03 (8) Questionnaires, answers compulsory. The office department shall prepare blanks for the purpose of obtaining the information which it may deem necessary or useful to the proper exercise of its functions, which shall conform as nearly as practicable to the forms prescribed by the interstate commerce commission, and shall furnish such blanks to railroads, and every railroad receiving such blanks, shall cause the same to be properly filled out and verified under oath by its proper officer and returned to the office department within the time fixed by the office department.

AB150, s. 5144 Section 5144. 195.03 (9) of the statutes is amended to read:

AB150,1718,20 195.03 (9) Examine books and files of carriers. The commissioner of railroads secretary or any person employed by the office department for that purpose shall, upon demand, have the right to inspect the books and papers of any railroad and to examine under oath any officer, agent or employe of such railroad in relation to its business and affairs; provided that any person other that than the commissioner of railroads secretary who makes such demand shall produce his or her authority under the hand and seal of the office secretary.

AB150, s. 5145 Section 5145. 195.03 (10) of the statutes is amended to read:

AB150,1719,2 195.03 (10) Production of records and files kept out of state. The office department may, by an order or subpoena to be served in the manner that a circuit court summons is served, require the production within this state, at such time and place as it may designate, of any books, papers or accounts kept by any railroad without the state, or verified copies in lieu thereof, if the office department shall so order.

AB150, s. 5146 Section 5146. 195.03 (11) of the statutes is amended to read:

AB150,1719,9 195.03 (11) Uniform system of accounting. The office department may prescribe a uniform system of keeping and rendering accounts of all railroad business transacted in this state, and the time within which railroads shall adopt such system; provided that all forms of accounts which may be prescribed by the office department shall conform as nearly as practicable to similar forms prescribed by federal authority.

AB150, s. 5147 Section 5147. 195.03 (12) of the statutes is repealed.

AB150, s. 5148 Section 5148. 195.03 (13) of the statutes is repealed.

AB150, s. 5149 Section 5149. 195.03 (14) of the statutes is repealed.

AB150, s. 5150 Section 5150. 195.03 (15) of the statutes is repealed.

AB150, s. 5151 Section 5151. 195.03 (16) of the statutes is repealed.

AB150, s. 5152 Section 5152. 195.03 (17) of the statutes is amended to read:

AB150,1719,19 195.03 (17) Private tracks. The office department shall have control of private railroad tracks insofar as the same are used by common carriers for the transportation of freight, in all respects the same as though such tracks were part of a public railroad.

AB150, s. 5153 Section 5153. 195.03 (18) of the statutes is amended to read:

AB150,1719,23 195.03 (18) Safety devices. The office department may make reasonable rules, regulations, specifications and standards for the installation, operation and maintenance of all safety devices and measures.

AB150, s. 5154 Section 5154. 195.03 (19) of the statutes is amended to read:

AB150,1720,2 195.03 (19) Railroad structures. The office department may order the repair or reconstruction of any inadequate or unsafe railroad track or structure.

AB150, s. 5155 Section 5155. 195.03 (25) of the statutes is amended to read:

AB150,1720,6 195.03 (25) Distribution of orders. The office department shall upon application furnish certified copies, under its seal, of any order made by it, which shall be prima facie evidence of the facts stated therein.

AB150, s. 5156 Section 5156. 195.03 (28) of the statutes is amended to read:

AB150,1720,10 195.03 (28) Title. The office may sue and be sued in that name, and may confer with or participate in any proceedings before any regulatory agency of any other state or of the federal government.

AB150, s. 5157 Section 5157. 195.03 (28) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,1720,15 195.03 (28) Title. The department may confer with or participate in any proceedings before any regulatory agency of any other state or of the federal government.

****Note: This is reconciled s. 195.03 (28). This Section has been affected by drafts with the following LRB numbers: LRB-2136 and LRB-2494.

AB150, s. 5158 Section 5158. 195.03 (29) of the statutes is amended to read:

AB150,1720,21 195.03 (29) Train privileges. The employes authorized by the office department to perform railroad inspection duties may, in the performance of such duties, ride in and upon any engine, car or train of any class, of any railroad, upon payment of the lawful passenger fare, but such railroad shall not thereby be deemed to become a common carrier of passengers other than on passenger cars.

AB150, s. 5159 Section 5159. 195.04 of the statutes is repealed.

AB150, s. 5160 Section 5160. 195.041 of the statutes is repealed.

AB150, s. 5161 Section 5161. 195.042 of the statutes is repealed.

AB150, s. 5162 Section 5162. 195.043 of the statutes is repealed.

AB150, s. 5163 Section 5163. 195.044 of the statutes is repealed.

AB150, s. 5164 Section 5164. 195.045 of the statutes is repealed.

AB150, s. 5165 Section 5165. 195.046 of the statutes is repealed.

AB150, s. 5166 Section 5166. 195.047 of the statutes is repealed.

AB150, s. 5167 Section 5167. 195.05 of the statutes is repealed.

AB150, s. 5168 Section 5168. 195.055 of the statutes is repealed.

AB150, s. 5169 Section 5169. 195.06 of the statutes is repealed.

AB150, s. 5170 Section 5170. 195.07 (1) of the statutes is repealed.

AB150, s. 5171 Section 5171. 195.07 (2) of the statutes is amended to read:

AB150,1721,16 195.07 (2) Attorney general and district attorney to prosecute. Upon request of the office department, the attorney general or the district attorney of the proper county shall aid in any investigation, hearing or trial had under, and shall institute and prosecute all necessary actions or proceedings for the enforcement of, laws relating to railroads.

AB150, s. 5172 Section 5172. 195.08 of the statutes is repealed.

AB150, s. 5173 Section 5173. 195.09 of the statutes is repealed.

AB150, s. 5174 Section 5174. 195.10 of the statutes is repealed.

AB150, s. 5175 Section 5175. 195.11 of the statutes is repealed.

AB150, s. 5176 Section 5176. 195.12 of the statutes is repealed.

AB150, s. 5177 Section 5177. 195.13 of the statutes is repealed.

AB150, s. 5178 Section 5178. 195.14 of the statutes is repealed.

AB150, s. 5179 Section 5179. 195.15 of the statutes is repealed.

AB150, s. 5180 Section 5180. 195.16 of the statutes is repealed.

AB150, s. 5181 Section 5181. 195.17 of the statutes is repealed.

AB150, s. 5182 Section 5182. 195.19 (1) of the statutes is amended to read:

AB150,1722,13 195.19 (1) Passenger. Every railroad shall provide and maintain adequate passenger depots equipped with proper toilet facilities at its regular stations for the accommodation of passengers, and said depots shall be kept clean, well-lighted and warmed, for the comfort and accommodation of the traveling public, and shall be kept open continuously from not less than 20 minutes before any train carrying passengers is scheduled to arrive and until such train has departed and for such longer period in any case as the office department may determine is necessary for the convenience and accommodation of the public. Where the office department determines that the service of certain trains in making stops on signals is in excess of reasonably adequate service, the provisions of this section shall not apply in connection with the rendition of such service.

AB150, s. 5183 Section 5183. 195.19 (3) of the statutes is amended to read:

AB150,1723,2 195.19 (3) Union depot. In every city or village or town in which 2 or more railroads maintain passenger depots, it shall be the duty of such railroads to construct, maintain and use an adequate union passenger depot, whenever practical and required by public convenience and necessity. If, after investigation, the office department shall determine that it is practicable and that public convenience and necessity required the construction, maintenance and use of a union passenger depot in any such city or village or town the office department may order such railroads to construct, maintain and use an adequate union passenger depot, and shall in such order fix the location of such depot. If the railroads shall be unable to agree upon an apportionment of the original cost of such union passenger depot, and the expense of maintaining the same, within 20 days after the service of such order, the office department may, after a hearing, issue a supplemental order declaring the apportionment of such original cost and the expense of maintaining such depot.

AB150, s. 5184 Section 5184. 195.20 of the statutes is amended to read:

AB150,1723,13 195.20 Joint use of railroad property. Whenever, upon complaint and after hearing had, the office department finds that public convenience and necessity require the use by one or more railroads of the tracks, wires, poles, rights-of-way, switches, bridges or other property belonging to another railroad over or on any street, railroad, railway, right-of-way, bridge or viaduct, upon or over which said railroads have a right to operate, and that such use will not prevent the owners or other users thereof from performing their public duties, nor result in irreparable injury to such owners or other users thereof, the office department may, by order, direct that such use be permitted, and prescribe a reasonable compensation and reasonable terms and conditions for such joint use.

AB150, s. 5185 Section 5185. 195.21 of the statutes is amended to read:

AB150,1724,5 195.21 Warehouses. Any person proposing to erect or maintain a public elevator or public warehouse for the purchase, sale, storage, receiving or shipping of grain, or other personal property, to be received from or transported upon any railroad, shall be furnished by such railroad at a reasonable rental, a site upon its right-of-way or depot grounds, within the yard limits of any station or terminal of such railroad; and any private elevator or warehouse situated upon such grounds may be converted into a public elevator or warehouse at the option of the owner, upon notice in writing to the railroad and thereby be permitted to remain thereon under the same conditions as provided herein for a public elevator or warehouse; and the office department shall, upon application by such owner, if the public interest so requires, by order, direct the railroad to furnish such site and the office department shall make reasonable regulations therefor and in case of disagreement, the office department shall determine the rental therefor. Elevators and warehouses erected or maintained under the foregoing provisions of this section shall be subject to such rules and regulations as to charges and the manner of conducting business as the office department shall prescribe.

AB150, s. 5186 Section 5186. 195.26 of the statutes is amended to read:

AB150,1724,13 195.26 Safety devices; block system. Every railroad shall adopt reasonably adequate safety measures and install, operate and maintain reasonably adequate safety devices for the protection of life and property. If after investigation the office department shall determine that public safety requires it, the office department may order the railroad to install, operate and maintain a block system or other safety device or measure as may be necessary to render the operation of such railroad reasonably safe.

AB150, s. 5187 Section 5187. 195.27 of the statutes is amended to read:

AB150,1724,22 195.27 Safe tracks and bridges. Every railroad shall construct and maintain its tracks, bridges and line structures in a reasonably adequate and safe manner. The office may direct the department to investigate complaints in the manner provided by s. 195.04. If, upon complaint or upon its own motion and after hearing, the office the department determines that the track or structures of any railroad are inadequate or unsafe for the operation of its railroad, the office shall order the railroad to reconstruct or repair the inadequate or unsafe track or structures.

AB150, s. 5188 Section 5188. 195.28 (1) of the statutes is amended to read:

AB150,1726,2 195.28 (1) (title) Petition; hearing; order. Upon petition of the department, city a city council, village board, town board, superintendent of highways or by 5 or more electors in any town, village or city, or of any railroad corporation or railroad historical society, to determine whether a public highway and railroad grade crossing protects and promotes public safety, or upon its own motion, the office department may investigate and issue an appropriate order without a public hearing. The department shall issue its order on the basis of investigation and criteria promulgated by rule with respect to the adequacy of grade crossing protection. The rule may include programming criteria relating to the priority of grade crossings in need of protection. If the petitioner, railroad, railroad historical society or any interested party objects to the order and requests a hearing within 20 days after the date that the order is issued, the office department shall proceed under s. 195.04 refer the order to the division of hearings and appeals for review as provided in s. 195.325. Notice of an investigation or hearing the review shall be served upon the department, which shall be an interested party, and any recommendation it may file with the office at or prior to a hearing, if there is one, regarding crossing protection shall be considered as evidence in the proceeding. The office department or division of hearings and appeals shall determine whether the existing warning devices at such crossing are adequate to protect and promote public safety. If the office department or division of hearings and appeals determines, either without or after a hearing, that protection is not adequate, it may order the railroad company or railroad historical society to keep a flagman at the crossing or to install automatic signals or other suitable safety device at specific locations at such crossing. The office department or division of hearings and appeals may order the relocation of existing signals and devices to improve protection at a crossing. Any crossing protection installed or maintained as approved by the office department or division of hearings and appeals, whether by order or otherwise, shall be deemed adequate and appropriate protection for the crossing.

AB150, s. 5189 Section 5189. 195.28 (3) of the statutes is amended to read:

AB150,1726,15 195.28 (3) Maintenance costs. Except as otherwise provided in this subsection, the cost of maintaining crossing protection devices ordered under sub. (1) shall be the responsibility of the railroad or railroad historical society. Any railroad company or railroad historical society that incurs expenses for maintenance of signals or other safety devices may file a claim for reimbursement with the department regardless of the date of installation of the signals or devices. At the close of each fiscal year the department shall reimburse claimants under this subsection for 50% of the costs, as determined by the office department, incurred for maintenance of railroad crossing protection devices from the appropriation under s. 20.395 (2) (gq). If the amount in the appropriation under s. 20.395 (2) (gq) is not adequate to fund maintenance reimbursement under this subsection, the amount shall be prorated in the manner determined by the office department.

AB150, s. 5190 Section 5190. 195.28 (4) of the statutes is amended to read:

AB150,1726,19 195.28 (4) (title) Previous office orders. Subsection (3) applies to maintenance costs for all crossing protection devices regardless of any prior order of the office apportioning maintenance costs.

AB150, s. 5191 Section 5191. 195.285 (1) of the statutes is amended to read: