AB588: Bill Text

AB588, s. 22 Section 22. 191.19 (1) of the statutes is amended to read:

AB588,16,17 191.19 (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; and the office shall inspect the work. If the office finds that the railroad has been constructed in accordance with the approved specification and with the provisions of ch. 195 and is otherwise suitable and properly constructed so as to secure public safety in the operation thereof, the office shall enter an order authorizing its operation, which order shall be presumptive evidence of the sufficiency of such construction.

AB588, s. 23 Section 23. 191.19 (3) of the statutes is amended to read:

AB588,16,25 191.19 (3) If upon inspection the office shall deem that public safety requires the installation, operation and maintenance of some protective appliance at any grade crossing of railroad tracks the office may, before granting the order, after notice and hearing under s. 195.28, 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.

AB588, s. 24 Section 24. 192.005 of the statutes is created to read:

AB588,17,7 192.005 Scope of chapter. Each provision of this chapter applies only to the extent that it is not contrary to or inconsistent with 49 USC 10101 to 11908 and 20101 to 28302, 49 CFR 200 to 268, 700 to 850, and 1001 to 1332, or any other federal statute or regulation, or any order of the federal railroad administration, surface transportation board, or other federal agency or authority, or the constitution of the United States.

AB588, s. 25 Section 25. 192.14 of the statutes is repealed.

AB588, s. 26 Section 26. 192.145 of the statutes is created to read:

AB588,17,14 192.145 Railroad equipment and rolling stock. Every railroad shall operate and maintain its equipment and rolling stock in a reasonably adequate and safe manner consistent with federal law. The office may participate in federal equipment inspection programs, including the certification of office staff for equipment inspection under federal law.

AB588, s. 27 Section 27. 192.15, 192.18, 192.255, 192.266, 192.267 and 192.268 of the statutes are repealed.

AB588, s. 28 Section 28. 192.29 (title) of the statutes is amended to read:

AB588,17,19 192.29 (title) Train speed horns and crossing signs at street and highway crossings.

AB588, s. 29 Section 29. 192.29 (1) and (2) of the statutes are repealed.

AB588, s. 30 Section 30. 192.29 (3) (title) of the statutes is amended to read:

AB588,17,22 192.29 (3) (title) Bell to ring Horn to sound, municipal authority.

AB588, s. 31 Section 31. 192.29 (3) (a) of the statutes is amended to read:

AB588,18,3 192.29 (3) (a) No railroad train or locomotive shall run over any public traveled grade crossing within any city or village, except where gates are operated, or a flagman is stationed, unless the engine bell shall be rung continuously within 330 feet of the crossing and until the crossing is reached railroad train or locomotive horn is sounded in compliance with the requirements under federal law.

AB588, s. 32 Section 32. 192.29 (4) of the statutes is repealed.

AB588, s. 33 Section 33. 192.29 (5) of the statutes is amended to read:

AB588,18,13 192.29 (5) Danger Railroad-highway crossing 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 a highway-rail-grade crossing sign, commonly known as a crossbuck sign, that conforms with the manual on uniform traffic control devices adopted by the department under s. 84.02 (4) (e).

AB588, s. 34 Section 34. 192.292 of the statutes is repealed.

AB588, s. 35 Section 35. 192.295 of the statutes is amended to read:

AB588,18,21 192.295 Willful neglect of railroad employees. Any officer, agent, conductor, engineer or employee of any railroad company operating within this state who willfully neglects or omits to ring or cause to be rung the bell sound the horn on the engine of any train of cars or on an engine alone or to blow the whistle, as required by s. 192.29 (3) and (4), shall be imprisoned not more than 6 months or fined not exceeding forfeit $100.

AB588, s. 36 Section 36. 192.31 (1) of the statutes is renumbered 192.31 (1) (a) and amended to read:

AB588,19,2 192.31 (1) (a) 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; Telltales shall not be required except to the extent required under federal law and except that if as provides in par. (b).

AB588,19,12 (b) If the office 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, absence of a telltale would create an unreasonable risk of harm to the public or a railroad employee on a railroad not under the jurisdiction of the federal surface transportation board or federal railroad administration, the office may enter an order providing an exemption from this section. The exemption requiring the installation of a telltale. A telltale shall be ordered by the office only after public hearing according to the hearing procedure provided under sub. (4).

AB588, s. 37 Section 37. 192.31 (4) of the statutes is amended to read:

AB588,19,25 192.31 (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 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 held upon notice to all interested parties except that, if no objection is filed with the office within 20 days of the notice, the office may require the installation of a telltale without hearing. The findings and order granting exemption requiring the installation of a telltale 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.

AB588, s. 38 Section 38. 192.321 of the statutes is amended to read:

AB588,20,6 192.321 Getting on and off cars. Any person under the age of 17 years who shall get upon, attempt to get upon, cling to, jump or step from any railroad car or train while the same is in motion shall be punished by fine of forfeit not more than $20 nor less than $2, provided that this section shall not apply to the employees of any railway or express railroad company.

AB588, s. 39 Section 39. 192.324 of the statutes is repealed.

AB588, s. 40 Section 40. 192.33 (1) of the statutes is amended to read:

AB588,20,15 192.33 (1) Every Subject to s. 190.09, every corporation operating any railroad shall erect and maintain on both sides of its road railroad, depot grounds excepted, sufficient fences with openings or gates or bars therein, and suitable and convenient farm crossings for the use of the occupants of the lands adjoining and shall maintain cattle guards at all highway crossings, outside of municipalities, and connect their fences therewith. This section shall not apply to that part of the road railroad where sidetracks or switch tracks are used in cities of the first 1st class.

AB588, s. 41 Section 41. 192.42 and 192.52 of the statutes are repealed.

AB588, s. 42 Section 42. 192.53 (4) (b) of the statutes is amended to read:

AB588,21,2 192.53 (4) (b) The office 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 held upon notice to all interested parties except that, if no objection is filed with the office within 20 days of the notice, the office may authorize the exemption without hearing. The office'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 order.

AB588, s. 43 Section 43. 192.53 (6) of the statutes is amended to read:

AB588,21,7 192.53 (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 under this section, shall be fined forfeit not more than $100 or imprisoned for not more than 60 days or both.

AB588, s. 44 Section 44. 192.55 (6) of the statutes is amended to read:

AB588,21,11 192.55 (6) Any person violating s. 192.32 shall be punished by a fine of forfeit not less than $1 nor more than $50, or by imprisonment not exceeding 30 days, or by both such fine and imprisonment.

AB588, s. 45 Section 45. 192.55 (7) of the statutes is repealed.

AB588, s. 46 Section 46. Chapter 195 (title) of the statutes is amended to read:

AB588,21,14 CHAPTER 195

AB588,21,15 RAILROAD and water carrier REGULATION

AB588, s. 47 Section 47. 195.02 (3) of the statutes is amended to read:

AB588,21,24 195.02 (3) This chapter applies to the transportation of passengers and property between points within this state, and to the receiving, switching, delivering, storing and handling of such property, and to all water carrier charges connected therewith, and applies to all common carriers engaged in the transportation of passengers or property wholly by rail or partly by rail and partly by water, and to all common carriers of property wholly by water which operate between fixed end points, but shall not apply to transportation of property by water under contract as a private carrier.

AB588, s. 48 Section 48. 195.02 (4m) of the statutes is created to read:

AB588,22,6 195.02 (4m) Each provision of this chapter applies only to the extent that it is not contrary to or inconsistent with 49 USC 10101 to 11908 and 20101 to 28302, 49 CFR 200 to 268, 700 to 850, and 1001 to 1332, or any other federal statute or regulation, or any order of the federal railroad administration, surface transportation board, or other federal agency or authority, or the constitution of the United States.

AB588, s. 49 Section 49. 195.02 (5) of the statutes is amended to read:

AB588,22,14 195.02 (5) "Railroad" also " Water carrier" means and embraces a common carriers carrier of property by water which operate that operates between fixed end points, and all of the duties required of, and penalties imposed upon, any railroad or any agent or officer thereof shall, insofar as the same are applicable, be required of, and imposed upon, such common carriers of property by water but does not include a water carrier under common control with a railroad when transporting for continuous carriage or shipment.

AB588, s. 50 Section 50. 195.03 (7) of the statutes is amended to read:

AB588,22,21 195.03 (7) Study railroad and water carrier business, demand information. The office may inquire into the management of the business of all railroads and water carriers, and shall keep itself informed as to the manner in which the same is conducted, and may obtain from any railroad or water carrier all necessary information to enable the office to perform the duties and carry out the objects for which it is responsible.

AB588, s. 51 Section 51. 195.03 (8) of the statutes is amended to read:

AB588,23,6 195.03 (8) Questionnaires, answers compulsory. The office 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 railroad administration, federal surface transportation board, or other applicable federal agency or authority, and shall furnish the forms to railroads and water carriers, and every railroad and water carrier receiving the forms shall cause the forms to be properly completed and verified under oath by its proper officer and returned to the office within the time fixed by the office.

AB588, s. 52 Section 52. 195.03 (9) of the statutes is amended to read:

AB588,23,14 195.03 (9) Examine books and files of railroads and water carriers. The commissioner of railroads or any person employed by the office for that purpose shall, upon demand, have the right to inspect the books and papers of any railroad or water carrier and to examine under oath any officer, agent or employee of such railroad or water carrier in relation to its business and affairs; provided that any person other that the commissioner of railroads who makes such demand shall produce his or her authority under the hand and seal of the office.

AB588, s. 53 Section 53. 195.03 (10) of the statutes is amended to read:

AB588,23,20 195.03 (10) Production of records and files kept out of state. The office 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 or water carrier without the state, or verified copies in lieu thereof, if the office shall so order.

AB588, s. 54 Section 54. 195.03 (11) of the statutes is amended to read:

AB588,24,3 195.03 (11) Uniform system of accounting. The office may prescribe a uniform system of keeping and rendering accounts of all railroad and water carrier business transacted in this state, and the time within which railroads and water carriers shall adopt such system; provided that all forms of accounts which may be prescribed by the office shall conform to any applicable requirement under 49 USC 11141 to 11164 or 49 CFR 1201 and, as nearly as practicable, to similar forms prescribed by federal authority.

AB588, s. 55 Section 55. 195.03 (12) of the statutes is amended to read:

AB588,24,7 195.03 (12) Time for filing water carrier rate tariffs. The office shall fix the time for filing railroad water carrier schedules relative to the transportation of passengers and property and of any service in connection therewith.

AB588, s. 56 Section 56. 195.03 (13) of the statutes is amended to read:

AB588,24,10 195.03 (13) Schedule forms. The office may prescribe the forms for railroad water carrier schedules.

AB588, s. 57 Section 57. 195.03 (19) of the statutes is amended to read:

AB588,24,14 195.03 (19) Railroad water carrier structures. The office may order the repair or reconstruction of any inadequate or unsafe railroad track or water carrier structure.

AB588, s. 58 Section 58. 195.04 (1) of the statutes is amended to read:

AB588,24,24 195.04 (1) Upon complaint of any person, including any state agency or railroad water carrier, that any railroad water carrier rate, fare, charge, or classification or any regulation or practice whatever affecting the transportation of persons or property, or any service in connection therewith, is in any respect unreasonable or unjustly discriminatory or that any service is inadequate, the office may direct the department to investigate the complaint and shall set the complaint for hearing. The report of the department shall be presented to the office only at the hearing on the complaint, if hearing is requested and held. No order may be entered by the office without a public hearing.

AB588, s. 59 Section 59. 195.04 (1m) of the statutes is created to read:

AB588,25,7 195.04 (1m) Upon complaint of any person, including any state agency or railroad, regarding any railroad practice or activity over which the office has regulatory jurisdiction under this chapter or ch. 192, the office may direct the department to investigate the complaint and shall set the complaint for hearing. The report of the department shall be presented to the office only at the hearing on the complaint, if hearing is requested and held. No order may be entered by the office without a public hearing, except as otherwise provided in this chapter or ch. 192.

AB588, s. 60 Section 60. 195.04 (2) of the statutes is amended to read:

AB588,25,11 195.04 (2) The office shall, prior to such any hearing, notify the water carrier or railroad complained of that a complaint has been made, and 20 days after such notice has been given the office may proceed to set a time and place for a hearing.

AB588, s. 61 Section 61. 195.04 (3) of the statutes is amended to read:

AB588,25,16 195.04 (3) The office shall give the water carrier or railroad and the complainant 20 days' notice of the hearing and the matters to be considered and determined. Both the water carrier or railroad and the complainant shall be entitled to be heard and shall have process to enforce the attendance of witnesses.

AB588, s. 62 Section 62. 195.041 of the statutes is amended to read:

AB588,25,22 195.041 Separate rate hearings; absence of direct damage. The office may, when complaint is made of more than one water carrier rate or charge, order separate hearings thereon, and may consider and determine the several matters complained of separately and at such times as it may prescribe. No complaint shall at any time be dismissed because of the absence of direct damage to the complainant.

AB588, s. 63 Section 63. 195.042 of the statutes is amended to read:

AB588,26,4 195.042 Summary investigations. Whenever the office believes that any water carrier rate or charge may be unreasonable or unjustly discriminatory or that any service is inadequate or cannot be obtained or that an investigation of any matter relating to any water carrier or, if a matter under its jurisdiction, to any railroad should for any reason be made, it may investigate the matter or request the department to investigate the same with or without notice.

AB588, s. 64 Section 64. 195.043 of the statutes is amended to read:

AB588,26,12 195.043 Procedure after summary investigation. (1) If, after summary investigation by the department or the office, the office becomes satisfied that sufficient grounds exist to warrant a formal hearing being ordered as to the matters investigated, it shall set a time and place for a hearing. The office shall publish notice of any such investigation in its weekly calendar and the report of the department and all matters considered by the office with respect thereto shall be available for public inspection upon request.

AB588,26,19 (2) Notice of the time and place for such hearing shall be given to the water carrier or railroad, and to such other interested persons as the office deems necessary, as provided in s. 195.04, and thereafter proceedings shall be had and conducted in reference to the matter investigated in like manner as though complaint had been filed with the office relative to the matter investigated, and the same order or orders may be made in reference thereto as if such investigation had been made on complaint.

AB588, s. 65 Section 65. 195.05 (title) of the statutes is amended to read:

AB588,26,22 195.05 (title) Office; water carrier rates, regulations, service, procedure.

AB588, s. 66 Section 66. 195.05 (1) of the statutes is amended to read:

AB588,27,6 195.05 (1) Orders for rates and service. Whenever the office shall find that any existing water carrier rate, fare, charge, or classification, or any joint rate, or any regulation or practice affecting the transportation of persons or property, or any service in connection therewith is unreasonable or unjustly discriminatory or that any service is inadequate, it shall determine and by order fix a reasonable rate, fare, charge, classification, joint rate, regulation, practice or service to be imposed, observed and followed in the future, in lieu of that found to be unreasonable or unjustly discriminatory or inadequate.

AB588, s. 67 Section 67. 195.05 (3) of the statutes is amended to read:

AB588,27,12 195.05 (3) Rates not changed by railroad water carrier. All railroads water carriers to which the order applies shall make such changes in their schedule on file as may be necessary to make the same conform to said order, and no change shall thereafter be made by any railroad water carrier in any such rates, fares or charges, or in any joint rates except as provided in s. 195.08.

AB588, s. 68 Section 68. 195.05 (4) of the statutes is amended to read:

AB588,27,17 195.05 (4) Modification of orders. The office may by order at any time, upon notice to the railroad water carrier and after opportunity to be heard, rescind, alter or amend any order fixing any rate or rates, fares, charges or classification, or any other order made by the office.