SB44: Bill Text

SB44,863,16 191.10 (3) Refusal of certificate; renewal of application. If the office shall determine that the proposed railroad is not a necessity or is not required by public convenience, the office shall by order refuse to grant a certificate, department denies the application for a certificate, the department shall issue an order refusing the certificate and stating the reasons for the refusal. The application may be renewed after 2 years from the date of the refusal, but not sooner.

SB44, s. 2159 Section 2159. 191.11 of the statutes is amended to read:

SB44,863,24 191.11 Revocation of certificate. If any railroad company after obtaining a certificate that public convenience and a necessity require authorizing the construction of the whole or part of its railroad fails to begin construction within one year from the date of the certificate, or having begun such construction, fails to prosecute the same, the office department may inquire into the reasons for such failure and may revoke the certificate, if the office department finds, after notice and hearing, that such failure is unreasonable.

SB44, s. 2160 Section 2160. 191.13 (2) of the statutes is amended to read:

SB44,864,11 191.13 (2) No railroad corporation shall exercise such power until it has obtained from the office department a certificate that public convenience and necessity require authorizing the construction of the temporary railroad, and the certificate shall constitute the license to the company to build its proposed temporary railroad. The certificate shall specify the length of time the railroad may be maintained and operated, and may be renewed from time to time upon application by the railroad company. At the expiration of the time specified in the certificate, or any renewal thereof, the railroad company shall discontinue, dismantle and remove the temporary railroad; and may prior to the expiration of such time, upon order of the office department, and after a hearing, upon notice to all parties interested and good cause shown, discontinue, dismantle and remove the railroad.

SB44, s. 2161 Section 2161. 191.16 of the statutes is amended to read:

SB44,864,23 191.16 Construction items submitted to office department. Upon receiving the certificate of public convenience and necessity authorizing construction, the applicant shall before commencing construction submit to the office department a condensed specification of the character of construction that the applicant proposes to install, showing the kind, quality and weight of the rail proposed to be used, the mode of construction, character, quality, and strength of all bridges, culverts and viaducts, the abutments and approaches proposed to be built, the grade of and proposed method of draining the roadbed, and the kind of power to be used and the plant and appliances to be employed in power production, and such other facts relating to the construction of the proposed railroad as the office department requires.

SB44, s. 2162 Section 2162. 191.17 of the statutes is amended to read:

SB44,865,10 191.17 Public safety; investigation; approval of plans. Upon receiving the specification required by s. 191.16, the office department shall examine the same and shall hear the applicant in support thereof, shall suggest and require modifications of the specification if the public safety so demands, eliminating so far as may be practicable, consistent with reasonable cost, all grade crossings of public highways, shall inspect the route of the proposed railroad if deemed desirable, and shall otherwise investigate and determine that the proposed construction will be adequate for securing public safety in the operation of the railroad, and thereupon the office department shall enter an order approving the specification and authorizing the construction of the railroad in accordance therewith.

SB44, s. 2163 Section 2163. 191.19 (1) of the statutes is amended to read:

SB44,865,19 191.19 (1) Upon the completion of the construction of any railroad under the approved specification, the company shall, before operating the same for public service, report to the office department; and the office department shall inspect the work. If the office department finds that the railroad has been constructed in accordance with the approved specification and is otherwise suitable and properly constructed so as to secure public safety in the operation thereof, the office department shall enter an order authorizing its operation, which order shall be presumptive evidence of the sufficiency of such construction.

SB44, s. 2164 Section 2164. 191.19 (3) of the statutes is amended to read:

SB44,866,2 191.19 (3) If upon inspection the office department shall deem that public safety requires the installation, operation and maintenance of some protective appliance at any grade crossing of railroad tracks the office department may, before granting the order, after notice and hearing, require the installation, operation and maintenance of suitable protective appliances, and shall apportion the expense of constructing, maintaining and operating such protective appliances among the owners of the tracks.

SB44, s. 2165 Section 2165. 191.20 of the statutes is amended to read:

SB44,866,14 191.20 Railroad routes; right to alter. Every railroad company may, by the vote of two-thirds of its directors, alter or change the route of its railroad, by making and filing with the office of the commissioner of railroads department and the department of financial institutions and also by recording in the office of the register of deeds of the county or counties where the alteration or change is to be made, a surveyed map and certificate of the alteration or change. The alteration or change may not deviate from the original route for a greater distance than one mile at any point. No city or village may be left off the railroad by the change of route. The original end points of the railroad, or the route in any city or village, shall not be changed without the approval of the office of the commissioner of railroads department of transportation after notice to the municipality.

SB44, s. 2166 Section 2166. 191.21 of the statutes is amended to read:

SB44,866,19 191.21 Notices in counties without newspapers. If no newspaper is published in any county in which a railroad is proposed to be located, the publications required by this chapter may be made in such manner and at such places as the office department shall designate.

SB44, s. 2167 Section 2167. 192.001 (1r) of the statutes is created to read:

SB44,866,22 192.001 (1r) "Division of hearings and appeals" means the division of hearings and appeals in the department of administration.

SB44, s. 2168 Section 2168. 192.001 (2) of the statutes is repealed.

SB44, s. 2169 Section 2169. 192.14 (10) of the statutes is amended to read:

SB44,867,6 192.14 (10) If in any particular case any temporary exemption from any requirement of this section is deemed necessary by a carrier, the office department shall consider the application of the carrier for temporary exemption and may grant the exemption when accompanied by a full statement of the conditions existing and the reasons for the exemption. Any exemption so granted will be limited to the particular case specified and shall be limited to a stated period of time.

SB44, s. 2170 Section 2170. 192.14 (12) of the statutes is amended to read:

SB44,867,9 192.14 (12) The office department may after public hearing make rules and establish the standards deemed necessary to carry out the purposes of this section.

SB44, s. 2171 Section 2171. 192.15 (14) of the statutes is amended to read:

SB44,867,16 192.15 (14) If in any particular case any exemption from any requirement of this section is deemed necessary by a carrier, the office department shall consider the application of the carrier for exemption and may grant the exemption when accompanied by a full statement of the conditions existing and the reasons for the exemption. Any exemption so granted shall be limited to the particular case specified and shall be limited to a stated period of time.

SB44, s. 2172 Section 2172. 192.25 (3) (a) of the statutes is amended to read:

SB44,867,20 192.25 (3) (a) The office department, by rule, may grant an exception to sub. (2) if the office department determines that the exception will not endanger the life or property of any person.

SB44, s. 2173 Section 2173. 192.27 (1) of the statutes is amended to read:

SB44,868,5 192.27 (1) When the track of a railway corporation crosses the track of any other railway corporation at grade, or when their tracks and right-of-way are adjacent, except in counties having a population of at least 150,000, the corporations shall, within 60 days after a written request of the office department or the council or board of the city, town or village within which the tracks so cross or are adjacent, make a track connection within such town, city or village to afford reasonable and proper facilities for the interchange of traffic between their respective lines for forwarding and delivering freight, and the expense thereof shall be borne equally by those corporations, unless otherwise ordered by the office department.

SB44, s. 2174 Section 2174. 192.29 (1) of the statutes is amended to read:

SB44,869,12 192.29 (1) Setting maximum speed. Upon petition to the office department by the governing body of any city or village or by any railroad corporation alleging that any railroad crossing of one or more public highways or streets in the city or village is dangerous to human life and that public safety requires a designation of the maximum speed of a train over such crossing or crossings, or that an order previously made by the office department or, prior to the effective date of this subsection .... [revisor inserts date], by the office of the commissioner of transportation under ch. 195, 1991 stats., or the office of the commissioner of railroads under ch. 195, 2001 stats., should be modified, the office department shall give notice to the parties in interest and order a hearing thereon in the manner provided by s. 195.04 under ch. 227. If after the hearing the office shall determine department determines that the crossing or crossings described in the petition are dangerous to human life, it may by order determine what maximum speed of a train over the crossing is reasonably required by public safety and is consistent with the public need for adequate and expeditious passenger and freight service by railroad, having due regard for other orders entered by the office department, or, prior to the effective date of this subsection .... [revisor inserts date], by the office of the commissioner of transportation or the office of the commissioner of railroads, and to practical railroad operating conditions. Where the office department has designated the maximum speed of any train or trains over such crossing or crossings, or, prior to the effective date of this subsection .... [revisor inserts date], the office of the commissioner of transportation or the office of the commissioner of railroads has designated the maximum speed of any train or trains over such crossing or crossings and the designation remains unmodified by the department, the rate of speed shall be the lawful maximum speed at which any train affected by the order can be operated over the public highway or street crossing, until changed by subsequent order of the office department. Every railroad corporation violating any order entered under this subsection shall for every violation forfeit not less than $10 nor more than $100. The jurisdiction over train speeds hereby vested in the office department shall be exclusive, but any order entered by the office department hereunder shall be subject to judicial review in the manner provided by ch. 227.

SB44, s. 2175 Section 2175. 192.29 (2) of the statutes is amended to read:

SB44,869,16 192.29 (2) Arterial stop signs. In any proceeding under sub. (1) or under s. 195.28, the office department may by order require that the state or municipality install at any crossing involved in such proceeding an official stop sign.

SB44, s. 2176 Section 2176. 192.29 (4) of the statutes is amended to read:

SB44,869,24 192.29 (4) Highways, whistle, horn, bell. No railroad train or locomotive shall run over any public traveled grade highway crossing outside of the limits of municipalities unless the whistle or horn shall be blown 1,320 feet from such crossing and the engine bell rung continuously from thence until the crossing be reached. But the office department may order that the ringing of the bell or the blowing of the whistle, or horn, or both, as required by this subsection shall be omitted at any crossing.

SB44, s. 2177 Section 2177. 192.29 (5) of the statutes is amended to read:

SB44,870,7 192.29 (5) Danger Warning signs. Wherever its track crosses a public highway or street, every railroad corporation shall maintain on each side of the track and near such crossing a large signboard with the following inscription, painted in large letters: "Railroad Crossing," in such manner as to be visible to approaching traffic on the highway or street at least 100 feet distant railroad crossing sign. The sign shall be constructed and erected as provided in the manual adopted by the department under s. 84.02 (4) (e).

SB44, s. 2178 Section 2178. 192.31 (1) of the statutes is amended to read:

SB44,870,17 192.31 (1) Every railroad corporation shall maintain suitable telltales wherever any overhead structure or any part thereof is less than 23 feet above the top of rail; except that if the office department finds that the installation of a telltale at any particular place would be impracticable or would result in an increased hazard to either the public or an employee and that either or both such factors outweigh the safety benefit which would result from the installation of a telltale, the office department may enter an order providing an exemption from this section. The exemption shall be ordered by the office department only after public hearing under sub. (4).

SB44, s. 2179 Section 2179. 192.31 (2) of the statutes is amended to read:

SB44,870,20 192.31 (2) The office department may determine the materials for and the construction and placing of such telltales.

SB44, s. 2180 Section 2180. 192.31 (4) of the statutes is amended to read:

SB44,871,5 192.31 (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 sub. (3), 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. The findings and order granting exemption shall be in writing and contain complete provisions and requirements as to the vertical clearance to be maintained in such construction or reconstruction. Such structure shall be constructed or reconstructed only in compliance with such order.

SB44, s. 2181 Section 2181. 192.31 (5) of the statutes is amended to read:

SB44,871,11 192.31 (5) Prior to July 1, in each year every corporation operating a railroad within the state shall file with the office department a verified statement showing the location of every such bridge or other structure over any of its tracks at a height of less than 23 feet above the top of rail, together with a statement showing whether or not the provisions of this section have been fully complied with.

SB44, s. 2182 Section 2182. 192.324 of the statutes is amended to read:

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.