SB44: Bill Text

SB44,872,2 192.324 Railroad bridges to be safe for employees. Whenever a complaint is lodged with the office department by any person to the effect that a railroad bridge because of its style of construction does not have walks or railings and for that reason is dangerous to the life and limb of railroad employees and the safety of such employees requires the alteration so as to provide for such walks and railings of such bridge, the office department shall give notice to the party in interest, other than the complainant, of the filing of the complaint and furnish such party with a copy thereof, and order a hearing thereon, in the manner provided for hearings in s. 195.31. The office under s. 85.013 (3) and ch. 227 by the division of hearings and appeals. The department may proceed in a similar manner in the absence of a complaint when, in the opinion of the office department, the safety of railroad employees requires the alteration of a railroad bridge. After the hearing, the office division of hearings and appeals shall determine what alteration, if any, of such bridge, shall be made. The expense of such alteration shall be borne by the railroad company.

SB44, s. 2183 Section 2183. 192.327 (3) of the statutes is amended to read:

SB44,872,6 192.327 (3) The office department shall make and enforce reasonable rules relating to motor vehicles used to transport workers to and from their places of employment or during the course of their employment.

SB44, s. 2184 Section 2184. 192.327 (4) of the statutes is repealed.

SB44, s. 2185 Section 2185. 192.327 (5) of the statutes is repealed.

SB44, s. 2186 Section 2186. 192.327 (6) of the statutes is amended to read:

SB44,872,13 192.327 (6) The office department may, in enforcing the rules, inspect any motor vehicle used to transport workers to and from their places of employment or during the course of their employment. Upon request of the office, the department shall direct its traffic officers to assist the office in those inspections.

SB44, s. 2187 Section 2187. 192.327 (7) of the statutes is amended to read:

SB44,872,19 192.327 (7) Whenever the office department finds that a motor vehicle used to transport workers to and from their places of employment or during the course of their employment violates any provision of the rules, the office department shall make, enter and serve upon the owner of the motor vehicle such order as may be necessary to protect the safety of workers transported in the motor vehicle.

SB44, s. 2188 Section 2188. 192.33 (5) of the statutes is amended to read:

SB44,872,23 192.33 (5) The maintenance of cattle guards may be omitted by the railroad company with the written consent of the office department specifying the particular crossings.

SB44, s. 2189 Section 2189. 192.34 of the statutes is amended to read:

SB44,873,10 192.34 Fences; complaint of insufficient; hearing; order. Upon complaint to the division of hearings and appeals by the owner or occupant of any land contiguous to the right-of-way of any railroad that the railroad company operating the line has failed to construct or keep in good repair fences along its right-of-way opposite to the complainant's land as required under s. 192.33, the office division of hearings and appeals shall proceed on the complaint in the manner provided in s. 195.04 under 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 the complained of fences so that the fences will be sufficient or to construct legal fences.

SB44, s. 2190 Section 2190. 192.47 of the statutes is amended to read:

SB44,874,4 192.47 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.

SB44, s. 2191 Section 2191. 192.52 (3) of the statutes is amended to read:

SB44,874,12 192.52 (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.

SB44, s. 2192 Section 2192. 192.52 (4) of the statutes is amended to read:

SB44,874,18 192.52 (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.

SB44, s. 2193 Section 2193. 192.52 (5) of the statutes is amended to read:

SB44,875,4 192.52 (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 employees 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 employees of such railroad.

SB44, s. 2194 Section 2194. 192.53 (4) (a) of the statutes is amended to read:

SB44,875,10 192.53 (4) (a) Upon finding that any structure that is subject to the provisions of this section will not imperil life or limb, and that the public interest requires or permits the structure to be constructed or reconstructed otherwise than as permitted by the provisions of this section, the office department may exempt the structure from the provisions of this section.

SB44, s. 2195 Section 2195. 192.53 (4) (b) of the statutes is amended to read:

SB44,875,19 192.53 (4) (b) The office department shall make the findings described in par. (a) only upon written application to it to exempt the construction or reconstruction of a structure from the requirements of this section, setting forth fully the grounds therefor, and only after public hearing. The office's department's findings and order granting the exemption shall be in writing and shall contain complete provisions and requirements as to the horizontal clearance to be maintained in the construction or reconstruction. The structure shall be constructed or reconstructed only in compliance with the office's department's order.

SB44, s. 2196 Section 2196. 192.53 (5) (a) (intro.) of the statutes is amended to read:

SB44,875,24 192.53 (5) (a) (intro.) Except as otherwise provided in this section and subject to the power of the office department to make exceptions to this section in a manner similar to the power given it in sub. (4), no railroad or shipper may do any of the following:

SB44, s. 2197 Section 2197. 192.53 (6) of the statutes is amended to read:

SB44,876,4 192.53 (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.

SB44, s. 2198 Section 2198. 192.55 (5) of the statutes is repealed.

SB44, s. 2199 Section 2199. 192.56 (1) of the statutes is amended to read:

SB44,876,11 192.56 (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.

SB44, s. 2200 Section 2200. 192.56 (2) of the statutes is amended to read:

SB44,876,19 192.56 (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).

SB44, s. 2201 Section 2201. 192.56 (3) of the statutes is amended to read:

SB44,876,23 192.56 (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.

SB44, s. 2202 Section 2202. 192.56 (5) of the statutes is amended to read:

SB44,877,4 192.56 (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.

SB44, s. 2203 Section 2203. 192.56 (6) of the statutes is amended to read:

SB44,877,17 192.56 (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).

SB44, s. 2204 Section 2204. 194.51 of the statutes is amended to read:

SB44,878,6 194.51 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 pay out of the transportation fund 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.

SB44, s. 2205 Section 2205. 195.001 (1r) of the statutes is created to read:

SB44,878,9 195.001 (1r) "Division of hearings and appeals" means the division of hearings and appeals in the department of administration.

SB44, s. 2206 Section 2206. 195.001 (2) of the statutes is repealed.

SB44, s. 2207 Section 2207. 195.001 (3) of the statutes is created to read:

SB44,878,12 195.001 (3) "Secretary" means the secretary of transportation.

SB44, s. 2208 Section 2208. 195.03 (title) of the statutes is amended to read:

SB44,878,15 195.03 (title) Office Department; powers and duties, general enumeration.

SB44, s. 2209 Section 2209. 195.03 (1) of the statutes is amended to read:

SB44,878,19 195.03 (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.

SB44, s. 2210 Section 2210. 195.03 (2) of the statutes is amended to read:

SB44,878,23 195.03 (2) 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.

SB44, s. 2211 Section 2211. 195.03 (7) of the statutes is amended to read:

SB44,879,5 195.03 (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.

SB44, s. 2212 Section 2212. 195.03 (8) of the statutes is amended to read:

SB44,879,14 195.03 (8) Questionnaires, answers compulsory. The office department shall prepare forms 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 federal surface transportation board, and shall furnish the forms to railroads, and every railroad receiving the forms shall cause the forms to be properly completed and verified under oath by its proper officer and returned to the office department within the time fixed by the office department.

SB44, s. 2213 Section 2213. 195.03 (9) of the statutes is amended to read:

SB44,879,22 195.03 (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 employee 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.

SB44, s. 2214 Section 2214. 195.03 (10) of the statutes is amended to read:

SB44,880,4 195.03 (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.

SB44, s. 2215 Section 2215. 195.03 (11) of the statutes is amended to read:

SB44,880,11 195.03 (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.

SB44, s. 2216 Section 2216. 195.03 (12) of the statutes is repealed.

SB44, s. 2217 Section 2217. 195.03 (13) of the statutes is repealed.

SB44, s. 2218 Section 2218. 195.03 (14) of the statutes is repealed.

SB44, s. 2219 Section 2219. 195.03 (15) of the statutes is repealed.

SB44, s. 2220 Section 2220. 195.03 (16) of the statutes is repealed.

SB44, s. 2221 Section 2221. 195.03 (17) of the statutes is amended to read:

SB44,880,21 195.03 (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.

SB44, s. 2222 Section 2222. 195.03 (18) of the statutes is amended to read:

SB44,880,25 195.03 (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.

SB44, s. 2223 Section 2223. 195.03 (19) of the statutes is amended to read:

SB44,881,3 195.03 (19) Railroad structures. The office department may order the repair or reconstruction of any inadequate or unsafe railroad track or structure.

SB44, s. 2224 Section 2224. 195.03 (25) of the statutes is amended to read:

SB44,881,7 195.03 (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.

SB44, s. 2225 Section 2225. 195.03 (28) of the statutes is amended to read:

SB44,881,11 195.03 (28) Legal Actions. The office may sue and be sued in that name, and department may confer with or participate in any proceedings before any regulatory agency of any other state or of the federal government.

SB44, s. 2226 Section 2226. 195.03 (29) of the statutes is amended to read:

SB44,881,17 195.03 (29) Train privileges. The employees 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.

SB44, s. 2227 Section 2227. 195.03 (30) (a) of the statutes is amended to read:

SB44,881,21 195.03 (30) (a) The office department shall give testimony at the hearing under s. 350.138 (4) (b), or shall submit a written report for introduction into the hearing record, on the factors stated in s. 350.138 (4) (d) 1., 2., 3., and 4.

SB44, s. 2228 Section 2228. 195.03 (30) (b) of the statutes is amended to read:

SB44,882,2 195.03 (30) (b) The office department shall give the department of natural resources the office's department's opinion on whether the snowmobile crossing should be closed or removed in testimony at the hearing under s. 350.1395 (2) (b) 2. or in a written report for introduction into the hearing record.

SB44, s. 2229 Section 2229. 195.04 of the statutes is repealed.

SB44, s. 2230 Section 2230. 195.041 of the statutes is repealed.

SB44, s. 2231 Section 2231. 195.042 of the statutes is repealed.

SB44, s. 2232 Section 2232. 195.043 of the statutes is repealed.

SB44, s. 2233 Section 2233. 195.044 of the statutes is repealed.