AB150, s. 5178 23Section 5178. 195.14 of the statutes is repealed.
AB150, s. 5179 24Section 5179. 195.15 of the statutes is repealed.
AB150, s. 5180 25Section 5180. 195.16 of the statutes is repealed.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1Section 5181. 195.17 of the statutes is repealed.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.
AB150, s. 5196 7Section 5196. 195.286 (5) of the statutes is amended to read:
AB150,1728,118 195.286 (5) Other signs prohibited. No other sign of the general size or
9appearance of the signs provided for in this section shall be placed or permitted upon
10any highway, nor any sign between such advance signs except signs or signals now
11required by law or permitted by the office for protection at railway crossings
.
AB150, s. 5197 12Section 5197. 195.286 (8) of the statutes is amended to read:
AB150,1728,1613 195.286 (8) Prosecutions. The district attorney shall prosecute any person
14violating this section, or begin and maintain any civil action necessary for its
15enforcement upon the demand of any county highway commissioner, or the
16department, or the office.
AB150, s. 5198 17Section 5198. 195.29 (1) of the statutes is amended to read:
AB150,1729,2118 195.29 (1) (title) Petition, hearing, Public safety; order. Upon If, upon its own
19initiative or upon
petition by the common council or board of any city, village, town
20or county within or bordering upon which a highway or street crosses a railroad, or
21a highway or street is proposed to be laid out across a railroad, or a public highway
22bridge across a railroad is required to connect existing streets or highways, or upon
23petition by any railroad whose track crosses or is about to cross, or is crossed or about
24to be crossed by a street or highway, or upon petition by the department, in cases
25where provision has been made for the improvement of the highway adjacent to such

1crossing under any state aid or federal aid law, the department determines that
2public safety requires an alteration in such crossing, its approaches, the method of
3crossing, the location of the highway or crossing, or the closing of the crossing, and
4the substitution of another therefor at grade or not at grade, or the removal of
5obstructions to the view at such crossing, the relocation of the highway, or requires
6the determination of the manner of making such new crossing, or of making the
7proposed improvement or promoting the public safety or public convenience through
8any other reasonable method, and praying that the same may be ordered, the office
9shall give notice to the parties in interest and proceed to investigate the same and
10to order a hearing thereon in the manner provided by s. 195.04. The office shall
11determine
the department may issue an appropriate order without a public hearing.
12The department shall make its determination on the basis of investigation and the
13criteria relating to the requirements of public safety promulgated under sub. (9). The
14order shall state
what, if anything, shall be done to promote the public safety and the
15means by which it shall be accomplished, whether by the relocation of the highway,
16the alteration in such crossing, approaches, mode of crossing, location of highway
17crossing, closing of highway crossing, with or without the substitution of another
18therefor, the construction of a public highway bridge, the removal of obstructions to
19sight at crossing, or by the use of other reasonable methods, and by whom the same
20shall be made, and in case of new crossings the advisability of allowing such crossings
21to be established and manner of making them.
AB150, s. 5199 22Section 5199. 195.29 (2) of the statutes is amended to read:
AB150,1730,623 195.29 (2) Apportionment of expense. The office department shall fix the
24proportion of the cost and expense of alterations, removals and new crossings, or any
25other work ordered, including the damages to any person whose land is taken, and

1the special damages which the owner of any land adjoining the public street or
2highway shall sustain by reason of a change in the grade of such street or highway,
3or by reason of the removal of obstructions to view at such crossings, to be paid or
4borne by the railroad companies and the municipalities in interest. In fixing such
5proportion, the office department may order such cost and expense so apportioned
6to be paid by the parties against which the apportionment shall be made.
AB150, s. 5200 7Section 5200. 195.29 (3) of the statutes is amended to read:
AB150,1730,198 195.29 (3) Restoration of spur tracks. Whenever the office department shall
9have ordered a separation of the grade of a railway from the grade of a street or
10highway, it may, if safe and practicable and if a necessity exists therefor, order the
11alteration, restoration and connection of any track serving an industry. Demand for
12such restoration shall be in writing and filed with the office department within 90
13days after the date of the order for the separation of grades, and any such track for
14which no such demand shall have been made shall be deemed abandoned. If the
15office department shall order the alteration, restoration and connection of any such
16track, it shall by its order apportion the cost thereof between the owner of the
17industry served and the railway company, in such proportion as to the office
18department may seem just and equitable; and the office department shall in its order
19prescribe the terms and conditions for securing the payment of such cost.
AB150, s. 5201 20Section 5201. 195.29 (4) of the statutes is amended to read:
AB150,1731,2121 195.29 (4) Grade separation in Milwaukee county. The office department may
22upon petition of any town, city or village, or upon its own motion, when the interests
23of the public demand it and it is found practicable so to do, establish the grade of the
24tracks of any railroad, or of all the railroads throughout any county having a
25population of 500,000 or more, or any part thereof, and the grades of the streets or

1highways, or any of them, where they cross such railroad track or tracks, in
2anticipation of the future separation of grades of the railroad tracks from the grades
3of such streets or highways. The office department, before making any such order,
4shall mail notice to the railroad company or companies affected, the owners or
5occupants of any building abutting on that part of the railroad the grade of which is
6to be established, all 1st class cities in the county, and if the grades to be established
7are outside the 1st class city, the towns, cities or villages in which such grades are
8to be established, of the filing of such petition or that the office department
9contemplates establishing such grades, and fixing a time at which the 1st class cities
10and such other towns, cities or villages and the railroad company or companies
11affected thereby and any other person or corporation interested therein may be
12heard. The grades so established under this subsection shall be described by
13reference to a base or datum line to be established by the office department, from
14which all elevations and the height of all grades shall be measured, and the grades
15so established shall be such that when brought to the established grade the railroad
16tracks will cross the streets and highways above or below the same. Such order shall
17not necessarily require a present change in grade but the office department may at
18any time order the railroad track or tracks and the street and highways brought to
19the grade established or any street or highways closed by the order, in accordance
20with sub. (1), and may, at the time of making the order, apportion the cost of
21separating the grades as provided in sub. (2).
AB150, s. 5202 22Section 5202. 195.29 (5) of the statutes is amended to read:
AB150,1732,1723 195.29 (5) Elimination of grade crossings, costs. Upon If, upon its own
24initiative or upon
petition of the department, or of the common council or board of
25any city, village, town or county, alleging that one or more of them have undertaken

1or propose to undertake to relocate or improve an existing highway or to construct
2a new highway in such manner as to eliminate a highway grade crossing with any
3railroad or so as to permanently divert a material portion of the highway traffic from
4a highway grade crossing with any railroad, the office shall issue notice of
5investigation and hearing, as provided in s. 195.04. If upon such hearing the office

6department finds that the public safety will be promoted by the highway relocation,
7improvement or new construction, the office department shall order the old crossings
8closed and new crossings opened as are deemed necessary for public safety. The
9department may issue an appropriate order without a public hearing.
The order
10shall require the railroad company or companies to pay to the interested
11municipality or municipalities such sum as the office department finds to be an
12equitable portion of the cost of the highway relocation, improvement or new
13construction, if the work is performed by the municipalities; or to the state treasurer
14if the work is performed by the state; or to the proper county treasurer if the work
15is performed by the county. The sum shall be added to the joint fund available for
16the improvement and may be expended in like manner as the other portions of the
17fund.
AB150, s. 5203 18Section 5203. 195.29 (6) of the statutes is amended to read:
AB150,1733,1819 195.29 (6) View at crossings; trees and brush near crossings; forfeiture.
20Every railroad shall keep its right-of-way clear of brush or trees for a distance of not
21less than 330 feet in each direction from the center of its intersection at grade with
22any public highway, and for such further distance as is necessary to provide an
23adequate view of approaching trains, from the highway. Every municipality shall
24keep the public highways within its jurisdiction clear of brush and shall adequately
25trim all trees within 330 feet of the center of any railroad highway grade crossing.

1Every person or corporation owning or occupying any land adjacent to any railroad
2highway grade crossing shall keep all brush cut and adequately trim all trees on the
3land within the triangles bounded on 2 sides by the railway and the highway, and on
4the 3rd side by a line connecting points on the center lines of the railway and the
5highway, 330 feet from the intersection of the center lines. The office department,
6upon its own motion, or upon any complaint to the effect that any work required by
7this subsection has not been performed, after due notice and hearing, may order the
8corporation, municipality or person at fault to perform the work; provided, however,
9that if the physical conditions at any crossing are such that the performance of the
10required work will not materially improve the view for highway traffic, or, if
11unreasonable loss would be caused thereby, the office department may excuse the
12party in interest from performing the same. The office department may also order
13the cutting of brush and the trimming of trees at private farm crossings as may be
14necessary and reasonable. If any person shall violate any provision of this section,
15or shall fail, neglect or refuse to obey any order made by the office department or the
16division of hearings and appeals
under this section, or any judgment or decree made
17by any court upon such an order, for every such violation, failure or refusal such
18person shall forfeit not less than $25 nor more than $150.
AB150, s. 5204 19Section 5204. 195.29 (7) of the statutes is amended to read:
AB150,1733,2320 195.29 (7) Structure requirements. Whenever the office department shall
21order the construction or reconstruction of a crossing not at grade, it may direct that
22the structure required shall be of such character and constructed of such materials
23as it shall deem appropriate to the situation and necessary for the public interest.
AB150, s. 5205 24Section 5205. 195.29 (9) of the statutes is created to read:
AB150,1734,4
1195.29 (9) Rules. The department shall promulgate a rule establishing criteria
2for determining the requirements of public safety with respect to railroad highway
3crossings under this section. The rule shall include criteria for apportioning
4expenses under this section.
AB150, s. 5206 5Section 5206. 195.29 (10) of the statutes is created to read:
AB150,1734,96 195.29 (10) Review of department orders. If a petitioner, railroad or any
7interested party objects to an order under this section within 20 days after the date
8that the order is issued, the department shall refer the order to the division of
9hearings and appeals for review as provided in s. 195.325.
AB150, s. 5207 10Section 5207. 195.295 of the statutes is created to read:
AB150,1735,2 11195.295 Highway crossings; public warning. Notwithstanding s. 195.28,
12195.285, 195.286, 195.29 or 195.30, the department shall monitor and investigate all
13railroad highway grade crossings in this state, and determine, by order, rule or
14otherwise, for each crossing whether any warning devices, advance warning signs
15or other warning measures shall be required to protect and promote public safety.
16The department may make a determination under this section without a hearing.
17Any device, sign or other measure, installed or maintained at a crossing, that
18conforms to a determination of the department under this section or, if no such
19determination has been made, that was approved by the office of the commissioner
20of transportation under ch. 195, 1991 stats., or the office of the commissioner of
21railroads under ch. 195, 1993 stats., before the effective date of this section ....
22[revisor inserts date], whether by order or otherwise, shall be considered adequate
23and appropriate warning for the crossing. If a railroad or interested party objects
24to an order under this section within 20 days after the date that the order is issued,

1the department shall refer the order to the division of hearings and appeals for
2review as provided in s. 195.325.
AB150, s. 5208 3Section 5208. 195.30 (1) of the statutes is amended to read:
AB150,1735,224 195.30 (1) Upon a petition by the common council of any city, or the board of
5any village, town or county within which a railroad crosses another railroad at grade,
6or by any such railroad, that public safety requires an alteration in the crossing or
7the installation of protective appliances, the office shall give notice to the parties in
8interest, and proceed to investigate the same and may order a hearing on the matter.
9The office shall determine what alteration in such crossing, if any, shall
or on its own
10motion, the department may investigate the matter and determine what alteration
11in the crossing, if any, is necessary. The department shall make its determination
12on the basis of the criteria for public safety requirements promulgated as rules under
13ss. 84.05 and 195.28. The department may issue an order, with or without a hearing,
14specifying an alteration to
be made, and by whom made and maintained, or what
15protective appliances shall be installed, operated and maintained at the crossing and
16by whom installed, operated and maintained. The office department's order shall fix
17the proportion of the cost and expense of such change in grade and maintenance of
18the crossing or of the installation, operation and maintenance of the safety appliance
19which shall be paid by the railroad companies, respectively. If an interested party
20objects to the order and requests a hearing within 20 days after the date on which
21the order is issued, the department shall refer the matter to the division of hearings
22and appeals for review as provided in s. 195.325.
AB150, s. 5209 23Section 5209. 195.305 of the statutes is amended to read:
AB150,1736,6 24195.305 Railroad crossings; grade; expense. Whenever a railroad
25proposes to cross, intersect, join or unite its track with another railroad track, the

1surface road of the proposed track shall be above, below or at grade of the tracks
2proposed to be crossed as the office division of hearings and appeals determines after
3hearing the parties upon reasonable notice. In its determination, the office division
4of hearings and appeals
shall fix the proportion of the expense of originally
5constructing, operating, and maintaining such crossing, intersecting, joining or
6uniting which shall be paid by the owners of the tracks respectively.
AB150, s. 5210 7Section 5210. 195.31 of the statutes is amended to read:
AB150,1737,16 8195.31 Bridges made safe. Whenever a complaint is lodged with the office
9department by the common council of any city, the village board of any village, a
10member of a town board, or a supervisor of highways, or by 5 or more electors and
11taxpayers in any town, or 5 or more electors of the county in which such bridge is
12located, and who are users of such bridge or railway, to the effect that a bridge erected
13over a stream intersecting a public highway or highways upon which a railway is
14constructed and operated, is unsafe and dangerous to travelers over such highway
15or highways or bridge or railroad, and that public safety requires the alteration, the
16repair or reconstruction of such bridge, or the substitution of another bridge therefor,
17it shall be the duty of the office to give notice to the party or parties in interest, other
18than the petitioners, of the filing of such complaint, and to furnish a copy of the
19complaint to the party or parties in interest other than the petitioners, and to order
20a hearing thereon, in the manner provided for hearings in ss. 195.04 to 195.043. The
21office
the department shall investigate the matter. The department may proceed in
22a similar manner in the absence of a petition when, in the opinion of the office
23department, public safety requires the alteration, repair or reconstruction of a bridge
24or the substitution of another bridge for the bridge in question. After the hearing,
25the office
The department shall determine what alteration or repair or

1reconstruction of such bridge, and the approaches thereto, shall be made, or if it shall
2determine
determines that public safety requires the substitution of a new bridge,
3it shall determine the character, manner of construction and location of such bridge
4and the approaches thereto. The office department shall fix the proportion of the cost
5and expense of such alteration, repair, reconstruction or substitution of a new bridge,
6including the damage to any person whose land is taken, and the special damage
7which the owner of any land adjoining the approaches to said bridge shall sustain
8by reason of the alteration, repair, reconstruction or substitution of a new bridge,
to
9be paid by the railroad company and the city, village or town in interest. The
10department may issue appropriate orders incorporating its determinations and may
11proceed without a hearing on the matter. The department shall make its
12determinations on the basis of investigation and criteria for bridge safety
13promulgated by rule. If a petitioner or interested party objects to an order under this
14section within 20 days after the date that the order is issued, the department shall
15refer the order to the division of hearings and appeals for review as provided in s.
16195.325.
AB150, s. 5211 17Section 5211. 195.32 of the statutes is amended to read:
AB150,1738,9 18195.32 Safety gates on drawbridges. Whenever a complaint is filed with the
19office department to the effect that any drawbridge is not equipped with gates or
20other safety devices, the office department may notify the proper party or parties in
21interest of the complaint, and may proceed to investigate the complaint and to hold
22a hearing on the matter in the manner provided for hearings in ss. 195.04 to 195.043

23matter. If after the investigation the office department determines that public safety
24requires the erection and maintenance of gates or other safety devices at the points
25mentioned in the complaint, it may order the county, city, village, town, corporation

1or person whose duty it is to maintain such bridge to erect and maintain at such
2points such gates or other safety devices as the office department prescribes. The
3office department may conduct the investigations, hold the hearings and make the
4orders provided for in this section upon its own motion in the same manner and with
5the same effect as though a complaint were filed. The department shall make its
6determination on the basis of the investigation and criteria for drawbridge safety
7promulgated by rule. If an interested party objects to an order under this section
8within 20 days after the date that the order is issued, the department shall refer the
9order to the division of hearings and appeals for review.
AB150, s. 5212 10Section 5212. 195.325 of the statutes is created to read:
AB150,1738,16 11195.325 Review of department orders on crossings and bridges. If an
12order of the department under s. 195.28, 195.285, 195.29, 195.295, 195.30, 195.31 or
13195.32 is referred to the division of hearings and appeals for review, the division of
14hearings and appeals shall review the order under s. 85.013 (3) in light of the
15application of the criteria relating to the matter promulgated as rules by the
16department.
AB150, s. 5213 17Section 5213. 195.33 of the statutes is repealed.
AB150, s. 5214 18Section 5214. 195.34 of the statutes is amended to read:
AB150,1738,23 19195.34 Reports of accidents, investigation. Every railroad shall report to
20the office department all collisions, derailments or other accidents resulting in injury
21to persons, equipment or roadway arising from its operation. The office department
22may issue rules concerning the reporting of accidents and may also, if public
23interests require, cause an investigation of any accident.
AB150, s. 5215 24Section 5215. 195.36 of the statutes is amended to read:
AB150,1739,10
1195.36 General penalty upon railroads. If any railroad shall violate any
2provision of this chapter, or shall do any act herein prohibited, or shall fail or refuse
3to perform any duty enjoined upon it, for which a penalty has not been provided, or
4shall fail, neglect or refuse to obey any lawful requirement or order made by the office
5department or division of hearings and appeals, or any judgment or decree made by
6any court upon its application, for every such violation, failure or refusal in respect
7to any matter prescribed by this chapter such railroad shall forfeit not less than $100
8nor more than $10,000. The act, omission or failure of any officer, agent or other
9person employed by any railroad, acting within the scope of his or her employment,
10shall be deemed to be the act, omission or failure of such railroad.
AB150, s. 5216 11Section 5216. 195.37 of the statutes is repealed.
AB150, s. 5217 12Section 5217. 195.38 of the statutes is repealed.
AB150, s. 5218 13Section 5218. 195.45 (1) of the statutes is amended to read:
AB150,1739,1814 195.45 (1) No person shall operate as a common carrier of passengers or
15property by water except in accordance with the terms and conditions of a certificate
16of public convenience and necessity issued by the office. The office shall issue any
17certificate upon a finding that the service proposed to be performed is in the public
18interest and required by public convenience and necessity
department.
AB150, s. 5219 19Section 5219. 195.45 (2) of the statutes is amended to read:
AB150,1739,2220 195.45 (2) Application for the certificate shall be made on forms furnished by
21the office department and shall contain such information as the office department
22requires.
AB150, s. 5220 23Section 5220. 195.45 (4) of the statutes is amended to read:
AB150,1739,2524 195.45 (4) The office department may promulgate rules for the operation of this
25section.
AB150, s. 5221
1Section 5221. 195.50 (1) of the statutes is amended to read:
AB150,1740,142 195.50 (1) Any officer, agent or employe of any railroad who fails to fill out and
3return any forms required by this chapter, or fails to answer any question therein,
4or knowingly gives a false answer to any such question, or evades the answer to any
5such question where the fact inquired of is within his or her knowledge, or who, upon
6proper demand, fails to exhibit to the office or department or division of hearings and
7appeals
or any person authorized to examine the same, any book, paper, account,
8record or memoranda of such railroad which is in the possession or under control of
9the officer, agent or employe, or who fails to properly use and keep the system of
10accounting prescribed by the office department, or who refuses to do any act or thing
11in connection with such system of accounting when so directed by the office or its
12department, the division of hearings and appeals or their authorized
13representatives, shall forfeit not less than $100 nor more than $1,000 for each
14offense.
AB150, s. 5222 15Section 5222. 195.60 (title) of the statutes is amended to read:
AB150,1740,16 16195.60 (title) Payment of office department expenses by railroads.
AB150, s. 5223 17Section 5223. 195.60 (1) of the statutes is amended to read:
AB150,1741,1818 195.60 (1) Whenever the office department in a proceeding upon its own
19motion, on complaint, or upon an application to it deems it necessary in order to carry
20out the duties imposed upon it by law to investigate the books, accounts, practices
21and activities of, or make appraisals of the property of any railroad or to render any
22engineering or accounting services to any railroad, the railroad shall pay the
23expenses attributable to such investigation, appraisal or service. The office
24department shall ascertain such expenses, including all expenses incurred by the
25department at the request or direction of the office
and shall render a bill therefor,

1by mail, to the railroad, either at the conclusion of the investigation, appraisal or
2services, or during its progress. The bill shall constitute notice of assessment and
3demand of payment thereof. The railroad shall, within 30 days after the mailing
4thereof, pay to the office department the amount of the special expense for which it
5is billed. Ninety percent of the payment shall be credited to the appropriation
6account under s. 20.155 (2) (g).
The total amount, in any one calendar year, for which
7any railroad becomes liable, by reason of costs incurred by the office department
8within such calendar year, shall not exceed four-fifths of one percent of its gross
9operating revenues derived from intrastate operations in the last preceding calendar
10year. Where, under this subsection, costs are incurred within any calendar year,
11which are in excess of four-fifths of one percent of such gross operating revenues, the
12excess costs shall not be chargeable as part of the remainder under sub. (2) but shall
13be paid out of the general appropriation to the office department. Nothing in this
14subsection shall prevent the office department from rendering bills in one calendar
15year for costs incurred within a previous year. For the purpose of calculating the
16costs of investigations, appraisals and other services under this subsection, 90% of
17the costs determined shall be costs of the office department and 10% of the costs
18determined shall be costs of state government operations.
AB150, s. 5224 19Section 5224. 195.60 (2) of the statutes is amended to read:
AB150,1742,1220 195.60 (2) The office department shall annually, within 90 days after the close
21of each fiscal year, ascertain the total of its expenditures during such year which are
22reasonably attributable to the performance of its duties relating to railroads. For
23purposes of such calculation, 90% of the expenditures so determined shall be
24expenditures of the office department and 10% of the expenditures so determined
25shall be expenditures for state government operations. The office department shall

1deduct therefrom all amounts chargeable to railroads under sub. (1) and s. 184.10 (3).
2A sum equal to the remainder plus 10% of the remainder shall be assessed by the
3office department to the several railroads in proportion to their respective gross
4operating revenues during the last calendar year, derived from intrastate
5operations. Such assessment shall be paid within 30 days after the bill has been
6mailed to the several railroads, which bill shall constitute notice of assessment and
7demand of payment thereof. The total amount which may be assessed to the
8railroads under authority of this subsection shall not exceed one percent of the total
9gross operating revenues of such railroads, during such calendar year, derived from
10intrastate operations. Ninety percent of the payment shall be credited to the
11appropriation account under s. 20.155 (2) (g).
The railroads shall furnish such
12financial information as the office department requires.
AB150, s. 5225 13Section 5225. 195.60 (3) of the statutes is amended to read:
AB150,1743,214 195.60 (3) If any railroad against which a bill has been rendered under sub. (1)
15or (2) within 30 days after the rendering of such bill neglects or refuses to pay the
16same or fails to file objections to the bill with the office division of hearings and
17appeals
, the office department shall transmit to the state treasurer a certified copy
18of the bill, together with notice of neglect or refusal to pay the bill, and on the same
19day the office department shall mail to the railroad against which the bill has been
20rendered a copy of the notice which it has transmitted to the state treasurer. Within
2110 days after the receipt of such notice and certified copy of such bill, the state
22treasurer shall levy the amount stated on such bill to be due, with interest, by
23distress and sale of any goods and chattels, including stocks, securities, bank
24accounts, evidences of debt, and accounts receivable belonging to such delinquent
25railroad. Such levy by distress and sale shall be governed by the provisions of s.

174.10, 1985 stats., except that it shall be made by the state treasurer and that said
2goods and chattels anywhere within the state may be levied upon.
AB150, s. 5226 3Section 5226. 195.60 (4) (a) of the statutes is amended to read:
Loading...
Loading...