AB150, s. 5138 9Section 5138. 195.001 (3) of the statutes is created to read:
AB150,1717,1010 195.001 (3) "Secretary" means the secretary of transportation.
AB150, s. 5139 11Section 5139. 195.03 (title) of the statutes is amended to read:
AB150,1717,13 12195.03 (title) Office Department; powers and duties, general
13enumeration.
AB150, s. 5140 14Section 5140. 195.03 (1) of the statutes is amended to read:
AB150,1717,1715 195.03 (1) Practice rules. The office department may take testimony and
16administer oaths and may promulgate rules to govern its proceedings and to regulate
17the mode and manner of all hearings. All hearings shall be open to the public.
AB150, s. 5141 18Section 5141. 195.03 (2) of the statutes is amended to read:
AB150,1717,2219 195.03 (2) (title) Office Department initiative. In any matter within its
20jurisdiction under ch. 192 or this chapter, the office department may initiate,
21investigate and order a hearing at its discretion upon such notice as it considers
22proper.
AB150, s. 5142 23Section 5142. 195.03 (7) of the statutes is amended to read:
AB150,1718,324 195.03 (7) Study carrier business, demand information. The office
25department may inquire into the management of the business of all railroads, and

1shall keep itself informed as to the manner in which the same is conducted, and may
2obtain from any railroad all necessary information to enable the office department
3to perform the duties and carry out the objects for which it is responsible.
AB150, s. 5143 4Section 5143. 195.03 (8) of the statutes is amended to read:
AB150,1718,125 195.03 (8) Questionnaires, answers compulsory. The office department shall
6prepare blanks for the purpose of obtaining the information which it may deem
7necessary or useful to the proper exercise of its functions, which shall conform as
8nearly as practicable to the forms prescribed by the interstate commerce
9commission, and shall furnish such blanks to railroads, and every railroad receiving
10such blanks, shall cause the same to be properly filled out and verified under oath
11by its proper officer and returned to the office department within the time fixed by
12the office department.
AB150, s. 5144 13Section 5144. 195.03 (9) of the statutes is amended to read:
AB150,1718,2014 195.03 (9) Examine books and files of carriers. The commissioner of railroads
15secretary or any person employed by the office department for that purpose shall,
16upon demand, have the right to inspect the books and papers of any railroad and to
17examine under oath any officer, agent or employe of such railroad in relation to its
18business and affairs; provided that any person other that than the commissioner of
19railroads
secretary who makes such demand shall produce his or her authority under
20the hand and seal of the office secretary.
AB150, s. 5145 21Section 5145. 195.03 (10) of the statutes is amended to read:
AB150,1719,222 195.03 (10) Production of records and files kept out of state. The office
23department may, by an order or subpoena to be served in the manner that a circuit
24court summons is served, require the production within this state, at such time and
25place as it may designate, of any books, papers or accounts kept by any railroad

1without the state, or verified copies in lieu thereof, if the office department shall so
2order.
AB150, s. 5146 3Section 5146. 195.03 (11) of the statutes is amended to read:
AB150,1719,94 195.03 (11) Uniform system of accounting. The office department may
5prescribe a uniform system of keeping and rendering accounts of all railroad
6business transacted in this state, and the time within which railroads shall adopt
7such system; provided that all forms of accounts which may be prescribed by the
8office department shall conform as nearly as practicable to similar forms prescribed
9by federal authority.
AB150, s. 5147 10Section 5147. 195.03 (12) of the statutes is repealed.
AB150, s. 5148 11Section 5148. 195.03 (13) of the statutes is repealed.
AB150, s. 5149 12Section 5149. 195.03 (14) of the statutes is repealed.
AB150, s. 5150 13Section 5150. 195.03 (15) of the statutes is repealed.
AB150, s. 5151 14Section 5151. 195.03 (16) of the statutes is repealed.
AB150, s. 5152 15Section 5152. 195.03 (17) of the statutes is amended to read:
AB150,1719,1916 195.03 (17) Private tracks. The office department shall have control of private
17railroad tracks insofar as the same are used by common carriers for the
18transportation of freight, in all respects the same as though such tracks were part
19of a public railroad.
AB150, s. 5153 20Section 5153. 195.03 (18) of the statutes is amended to read:
AB150,1719,2321 195.03 (18) Safety devices. The office department may make reasonable rules,
22regulations, specifications and standards for the installation, operation and
23maintenance of all safety devices and measures.
AB150, s. 5154 24Section 5154. 195.03 (19) of the statutes is amended to read:
AB150,1720,2
1195.03 (19) Railroad structures. The office department may order the repair
2or reconstruction of any inadequate or unsafe railroad track or structure.
AB150, s. 5155 3Section 5155. 195.03 (25) of the statutes is amended to read:
AB150,1720,64 195.03 (25) Distribution of orders. The office department shall upon
5application furnish certified copies, under its seal, of any order made by it, which
6shall be prima facie evidence of the facts stated therein.
AB150, s. 5156 7Section 5156. 195.03 (28) of the statutes is amended to read:
AB150,1720,108 195.03 (28) Title. The office may sue and be sued in that name, and may confer
9with or participate in any proceedings before any regulatory agency of any other
10state or of the federal government.
AB150, s. 5157 11Section 5157. 195.03 (28) of the statutes, as affected by 1995 Wisconsin Act
12.... (this act), is repealed and recreated to read:
AB150,1720,1513 195.03 (28) Title. The department may confer with or participate in any
14proceedings before any regulatory agency of any other state or of the federal
15government.
****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 16Section 5158. 195.03 (29) of the statutes is amended to read:
AB150,1720,2117 195.03 (29) Train privileges. The employes authorized by the office
18department to perform railroad inspection duties may, in the performance of such
19duties, ride in and upon any engine, car or train of any class, of any railroad, upon
20payment of the lawful passenger fare, but such railroad shall not thereby be deemed
21to become a common carrier of passengers other than on passenger cars.
AB150, s. 5159 22Section 5159. 195.04 of the statutes is repealed.
AB150, s. 5160 23Section 5160. 195.041 of the statutes is repealed.
AB150, s. 5161
1Section 5161. 195.042 of the statutes is repealed.
AB150, s. 5162 2Section 5162. 195.043 of the statutes is repealed.
AB150, s. 5163 3Section 5163. 195.044 of the statutes is repealed.
AB150, s. 5164 4Section 5164. 195.045 of the statutes is repealed.
AB150, s. 5165 5Section 5165. 195.046 of the statutes is repealed.
AB150, s. 5166 6Section 5166. 195.047 of the statutes is repealed.
AB150, s. 5167 7Section 5167. 195.05 of the statutes is repealed.
AB150, s. 5168 8Section 5168. 195.055 of the statutes is repealed.
AB150, s. 5169 9Section 5169. 195.06 of the statutes is repealed.
AB150, s. 5170 10Section 5170. 195.07 (1) of the statutes is repealed.
AB150, s. 5171 11Section 5171. 195.07 (2) of the statutes is amended to read:
AB150,1721,1612 195.07 (2) Attorney general and district attorney to prosecute. Upon
13request of the office department, the attorney general or the district attorney of the
14proper county shall aid in any investigation, hearing or trial had under, and shall
15institute and prosecute all necessary actions or proceedings for the enforcement of,
16laws relating to railroads.
AB150, s. 5172 17Section 5172. 195.08 of the statutes is repealed.
AB150, s. 5173 18Section 5173. 195.09 of the statutes is repealed.
AB150, s. 5174 19Section 5174. 195.10 of the statutes is repealed.
AB150, s. 5175 20Section 5175. 195.11 of the statutes is repealed.
AB150, s. 5176 21Section 5176. 195.12 of the statutes is repealed.
AB150, s. 5177 22Section 5177. 195.13 of the statutes is repealed.
AB150, s. 5178 23Section 5178. 195.14 of the statutes is repealed.
AB150, s. 5179 24Section 5179. 195.15 of the statutes is repealed.
AB150, s. 5180 25Section 5180. 195.16 of the statutes is repealed.
AB150, s. 5181
1Section 5181. 195.17 of the statutes is repealed.
AB150, s. 5182 2Section 5182. 195.19 (1) of the statutes is amended to read:
AB150,1722,133 195.19 (1) Passenger. Every railroad shall provide and maintain adequate
4passenger depots equipped with proper toilet facilities at its regular stations for the
5accommodation of passengers, and said depots shall be kept clean, well-lighted and
6warmed, for the comfort and accommodation of the traveling public, and shall be kept
7open continuously from not less than 20 minutes before any train carrying
8passengers is scheduled to arrive and until such train has departed and for such
9longer period in any case as the office department may determine is necessary for the
10convenience and accommodation of the public. Where the office department
11determines that the service of certain trains in making stops on signals is in excess
12of reasonably adequate service, the provisions of this section shall not apply in
13connection with the rendition of such service.
AB150, s. 5183 14Section 5183. 195.19 (3) of the statutes is amended to read:
AB150,1723,215 195.19 (3) Union depot. In every city or village or town in which 2 or more
16railroads maintain passenger depots, it shall be the duty of such railroads to
17construct, maintain and use an adequate union passenger depot, whenever practical
18and required by public convenience and necessity. If, after investigation, the office
19department shall determine that it is practicable and that public convenience and
20necessity required the construction, maintenance and use of a union passenger depot
21in any such city or village or town the office department may order such railroads to
22construct, maintain and use an adequate union passenger depot, and shall in such
23order fix the location of such depot. If the railroads shall be unable to agree upon an
24apportionment of the original cost of such union passenger depot, and the expense
25of maintaining the same, within 20 days after the service of such order, the office

1department may, after a hearing, issue a supplemental order declaring the
2apportionment of such original cost and the expense of maintaining such depot.
AB150, s. 5184 3Section 5184. 195.20 of the statutes is amended to read:
AB150,1723,13 4195.20 Joint use of railroad property. Whenever, upon complaint and after
5hearing had, the office department finds that public convenience and necessity
6require
the use by one or more railroads of the tracks, wires, poles, rights-of-way,
7switches, bridges or other property belonging to another railroad over or on any
8street, railroad, railway, right-of-way, bridge or viaduct, upon or over which said
9railroads have a right to operate, and that such use will not prevent the owners or
10other users thereof from performing their public duties, nor result in irreparable
11injury to such owners or other users thereof, the office department may, by order,
12direct that such use be permitted, and prescribe a reasonable compensation and
13reasonable terms and conditions for such joint use.
AB150, s. 5185 14Section 5185. 195.21 of the statutes is amended to read:
AB150,1724,5 15195.21 Warehouses. Any person proposing to erect or maintain a public
16elevator or public warehouse for the purchase, sale, storage, receiving or shipping of
17grain, or other personal property, to be received from or transported upon any
18railroad, shall be furnished by such railroad at a reasonable rental, a site upon its
19right-of-way or depot grounds, within the yard limits of any station or terminal of
20such railroad; and any private elevator or warehouse situated upon such grounds
21may be converted into a public elevator or warehouse at the option of the owner, upon
22notice in writing to the railroad and thereby be permitted to remain thereon under
23the same conditions as provided herein for a public elevator or warehouse; and the
24office department shall, upon application by such owner, if the public interest so
25requires, by order, direct the railroad to furnish such site and the office department

1shall make reasonable regulations therefor and in case of disagreement, the office
2department shall determine the rental therefor. Elevators and warehouses erected
3or maintained under the foregoing provisions of this section shall be subject to such
4rules and regulations as to charges and the manner of conducting business as the
5office department shall prescribe.
AB150, s. 5186 6Section 5186. 195.26 of the statutes is amended to read:
AB150,1724,13 7195.26 Safety devices; block system. Every railroad shall adopt reasonably
8adequate safety measures and install, operate and maintain reasonably adequate
9safety devices for the protection of life and property. If after investigation the office
10department shall determine that public safety requires it, the office department may
11order the railroad to install, operate and maintain a block system or other safety
12device or measure as may be necessary to render the operation of such railroad
13reasonably safe.
AB150, s. 5187 14Section 5187. 195.27 of the statutes is amended to read:
AB150,1724,22 15195.27 Safe tracks and bridges. Every railroad shall construct and
16maintain its tracks, bridges and line structures in a reasonably adequate and safe
17manner. The office may direct the department to investigate complaints in the
18manner provided by s. 195.04.
If, upon complaint or upon its own motion and after
19hearing, the office the department determines that the track or structures of any
20railroad are inadequate or unsafe for the operation of its railroad, the office shall
21order the railroad to reconstruct or repair the inadequate or unsafe track or
22structures.
AB150, s. 5188 23Section 5188. 195.28 (1) of the statutes is amended to read:
AB150,1726,224 195.28 (1) (title) Petition; hearing; order. Upon petition of the department,
25city
a city council, village board, town board, superintendent of highways or by 5 or

1more electors in any town, village or city, or of any railroad corporation or railroad
2historical society, to determine whether a public highway and railroad grade crossing
3protects and promotes public safety, or upon its own motion, the office department
4may investigate and issue an appropriate order without a public hearing. The
5department shall issue its order on the basis of investigation and criteria
6promulgated by rule with respect to the adequacy of grade crossing protection. The
7rule may include programming criteria relating to the priority of grade crossings in
8need of protection.
If the petitioner, railroad, railroad historical society or any
9interested party objects to the order and requests a hearing within 20 days after the
10date that the order is issued, the office department shall proceed under s. 195.04 refer
11the order to the division of hearings and appeals for review as provided in s. 195.325
.
12Notice of an investigation or hearing the review shall be served upon the department,
13which shall be an interested party, and any recommendation it may file with the
14office at or prior to a hearing, if there is one, regarding crossing protection shall be
15considered as evidence in the proceeding
. The office department or division of
16hearings and appeals
shall determine whether the existing warning devices at such
17crossing are adequate to protect and promote public safety. If the office department
18or division of hearings and appeals
determines, either without or after a hearing,
19that protection is not adequate, it may order the railroad company or railroad
20historical society to keep a flagman at the crossing or to install automatic signals or
21other suitable safety device at specific locations at such crossing. The office
22department or division of hearings and appeals may order the relocation of existing
23signals and devices to improve protection at a crossing. Any crossing protection
24installed or maintained as approved by the office department or division of hearings

1and appeals
, whether by order or otherwise, shall be deemed adequate and
2appropriate protection for the crossing.
AB150, s. 5189 3Section 5189. 195.28 (3) of the statutes is amended to read:
AB150,1726,154 195.28 (3) Maintenance costs. Except as otherwise provided in this
5subsection, the cost of maintaining crossing protection devices ordered under sub. (1)
6shall be the responsibility of the railroad or railroad historical society. Any railroad
7company or railroad historical society that incurs expenses for maintenance of
8signals or other safety devices may file a claim for reimbursement with the
9department regardless of the date of installation of the signals or devices. At the
10close of each fiscal year the department shall reimburse claimants under this
11subsection for 50% of the costs, as determined by the office department, incurred for
12maintenance of railroad crossing protection devices from the appropriation under s.
1320.395 (2) (gq). If the amount in the appropriation under s. 20.395 (2) (gq) is not
14adequate to fund maintenance reimbursement under this subsection, the amount
15shall be prorated in the manner determined by the office department.
AB150, s. 5190 16Section 5190. 195.28 (4) of the statutes is amended to read:
AB150,1726,1917 195.28 (4) (title) Previous office orders. Subsection (3) applies to
18maintenance costs for all crossing protection devices regardless of any prior order of
19the office
apportioning maintenance costs.
AB150, s. 5191 20Section 5191. 195.285 (1) of the statutes is amended to read:
AB150,1727,1221 195.285 (1) Upon If, upon its own motion or upon the petition of a railroad
22corporation, the department, or the governing body of any city, village, town or
23county asserting that the stopping of vehicles under s. 346.45 at a railroad crossing
24is hazardous to human life, the office shall hold a hearing on the matter as provided
25under s. 195.04. Notice of petition shall be served upon the department, which shall

1be an interested party, and any recommendations it may file with the office regarding
2the hazardous effect of vehicles stopping at such crossings shall be considered as
3evidence in the proceedings. Upon the recommendation of the department and
4concurrence by the office, the petition may be dismissed without holding a hearing.
5If, upon the public hearing, the office
department determines that it would be in the
6public interest to exempt vehicles specified in s. 346.45 from stopping at such grade
7crossing, it may order the public body having jurisdiction over the highway to erect
8signs, signals, markings or other devices exempting such vehicles from stopping at
9the crossing, without a hearing. If a petitioner or interested party objects to an order
10under this subsection within 20 days after the date that the order is issued, the
11department shall refer the order to the division of hearings and appeals for review
12as provided in s. 195.325
.
AB150, s. 5192 13Section 5192. 195.285 (2) of the statutes is amended to read:
AB150,1727,1714 195.285 (2) Signs placed upon the order of the office department or the division
15of hearings and appeals
under this section shall exempt vehicles from stopping as
16required under s. 346.45, unless a train or engine is occupying or approaching the
17crossing.
AB150, s. 5193 18Section 5193. 195.285 (3) of the statutes is amended to read:
AB150,1727,2319 195.285 (3) The department shall establish standards for the type of signs,
20signals, markings or other devices for exempting vehicles from stopping as required
21under s. 346.45 and their location in relation to the highway and railroad track. The
22office department may upon petition or its own motion, with or without a hearing,
23order the removal of a sign exempting vehicles from stopping at a crossing.
AB150, s. 5194 24Section 5194. 195.286 (2) of the statutes is repealed and recreated to read:
AB150,1728,5
1195.286 (2) Description and location. The signs shall be constructed, erected
2and located as specified by the manual adopted by the department under s. 84.02 (4)
3(e). This subsection does not apply to any sign complying with s. 195.286 (2) and (3),
41993 stats., on the effective date of this subsection .... [revisor inserts date], until such
5time as the sign is replaced or relocated.
AB150, s. 5195 6Section 5195. 195.286 (3) of the statutes is repealed.
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