AB150: Bill Text

AB150,1710,15 192.34 Fences; complaint of insufficient; hearing; order. Upon complaint by the owner or occupant of any land contiguous to the right-of-way of any railroad that the railroad company operating such line has failed to construct or keep in good repair such fences as the law requires along its right-of-way opposite to such land, the office division of hearings and appeals shall proceed thereon in the manner provided in s. 195.04 ch. 227. If it shall appear that the complaint is well founded the office division of hearings and appeals may order and direct the railroad company to repair such fences so that the same shall be sufficient or to construct legal fences.

AB150, s. 5121 Section 5121. 192.47 of the statutes is amended to read:

AB150,1711,9 192.47 Railroad police; oath; powers. Any railway company may, at its own expense, appoint and employ railroad police officers at the stations or other places on the line of its road within this state as it deems necessary for the protection of its property and the preservation of order on its premises and in and about its cars, depots, depot grounds, yards, buildings or other structures. Each police officer shall take an oath to support the constitution of the United States and claiming to be a citizen of the United States and shall file it with the office department. Each police officer shall, when on duty, wear a shield furnished by the company bearing the words "Railroad Police" and the name of the company. These police officers may arrest, with or without warrant, any person who in their presence commits upon the premises of the company or in or about its cars, depots, depot grounds, yards, buildings or other structures any offense against the laws of this state or the ordinances of any town, city or village, and shall also have the authority of sheriffs in regard to the arrest or apprehension of these offenders in or about the premises or appurtenances. In case of the arrest, by a railroad police officer, of any person without warrant the officer shall immediately take the offender before a judge having jurisdiction and make complaint against the offender. Every railway company shall be responsible for the acts of its police officers.

AB150, s. 5122 Section 5122. 192.52 (3) of the statutes is amended to read:

AB150,1711,17 192.52 (3) No railroad company operating in this state shall remove its shops from the place where the same are now located to any other point within or without this state or permanently close any shops in this state without first having secured the consent and permission of the office an order for such removal from the division of hearings and appeals, after due notice and public hearing, and in all other respects as provided for hearings in ch. 195 227. The office division of hearings and appeals shall render its decision within 30 days after such hearing.

AB150, s. 5123 Section 5123. 192.52 (4) of the statutes is amended to read:

AB150,1711,23 192.52 (4) No railroad company operating in this state shall remove or transfer its terminals or permanently close any terminals in this state without the permission or consent of the office an order for such removal, transfer or closing from the division of hearings and appeals after due hearing had on the matter, in compliance with ch. 195 227.

AB150, s. 5124 Section 5124. 192.52 (5) of the statutes is amended to read:

AB150,1712,10 192.52 (5) Before any railroad company operating in this state shall make any removal or transfer of shops or terminals or abandons the same, it shall file notice of intention so to do with the office division of hearings and appeals, and the office division of hearings and appeals shall have the power to investigate whether such proposed removal, transfer or abandonment, as the case may be, is in the public interest and is not unreasonable or unfair as to the employes of such railroad company. No such removal or transfer shall be made during such investigation, or thereafter, if the office division of hearings and appeals finds such removal, transfer or abandonment is not in the public interest or is unreasonable or unfair as to the employes of such railroad.

AB150, s. 5125 Section 5125. 192.53 (4) of the statutes is amended to read:

AB150,1712,21 192.53 (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 the foregoing provisions of this section, 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, and the findings and order granting exemption shall be in writing and shall contain complete provisions and requirements as to the horizontal clearance to be maintained in such construction or reconstruction. Such structure shall be constructed or reconstructed only in compliance with such order.

AB150, s. 5126 Section 5126. 192.53 (5) of the statutes is amended to read:

AB150,1713,9 192.53 (5) Except as hereinbefore provided in this section and subject to the power of the office department to make exceptions hereto in a manner similar to the power given it in sub. (4), no railroad or shipper shall after May 28, 1943, place or construct, within 8 feet 6 inches of the center line of any railroad track, any retaining walls, fences, signs, stand pipes, conveyors, or any other like obstruction, except railroad bridges, switch stands, mail cranes, coal, ice and water stations, intertrack fences and signals and other necessary interlocking mechanisms, or permit, within 8 feet 6 inches of the center line of any railroad track, the accumulation of any rubbish, waste or material of any sort, except material used for repair or construction work by such railroad company. The intent of this subsection is to afford proper clearance between railroad cars and obstructions and to promote the safety of railroad employes in switching cars.

AB150, s. 5127 Section 5127. 192.53 (6) of the statutes is amended to read:

AB150,1713,14 192.53 (6) Any railroad or shipper to which this section applies, who violates any provision of this section or who fails, neglects or refuses to obey any lawful order made by the office department under this section, shall be fined not more than $100 or imprisoned for not more than 60 days or both.

AB150, s. 5128 Section 5128. 192.55 (5) of the statutes is repealed.

AB150, s. 5129 Section 5129. 192.56 (1) of the statutes is amended to read:

AB150,1713,21 192.56 (1) It is unlawful for any railroad company owning or operating any railroad in whole or in part in this state, to abandon any station in any town, village or city on its line of railroad, within this state, or to remove the depot therefrom, or to withdraw agency service therefrom, without first obtaining from the office division of hearings and appeals an order authorizing such action.

AB150, s. 5130 Section 5130. 192.56 (2) of the statutes is amended to read:

AB150,1714,4 192.56 (2) At a station where 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, and if the office division of hearings and appeals finds that the application is sufficient presumptively to justify the order prayed for, it shall enter an order fixing the time and place of hearing on the application, which time shall not be less than 20 days after the posting provided for in sub. (3).

AB150, s. 5131 Section 5131. 192.56 (3) of the statutes is amended to read:

AB150,1714,8 192.56 (3) Notice of the time and place of the hearing and of the purpose thereof shall be given, by the office division of hearings and appeals, by posting the notice in 5 conspicuous places in the town or village.

AB150, s. 5132 Section 5132. 192.56 (5) of the statutes is amended to read:

AB150,1714,13 192.56 (5) The hearing shall be held as other hearings before the office division of hearings and appeals are held as far as applicable. The office division of hearings and appeals may dismiss the application or may grant it in whole or in part and under such conditions as it may deem equitable.

AB150, s. 5133 Section 5133. 192.56 (6) of the statutes is amended to read:

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.