11. Authorizing OCR to direct DOT to investigate complaints that railroad
charges for the transportation of property or for any related service, including
storage charges, are erroneous, illegal, unusual, or exorbitant, and to hold a hearing,
determine what would have been a reasonable rate or charge, and order a refund.
12. Allowing a person who ships property by railroad to, within 3 years after
the delivery of the property, submit to OCR expense bills or receipts showing charges
paid for the transportation so that DOT may examine them to determine the
correctness of weights, rates, and charges indicated on the bills or receipts and, if
OCR finds any weights, rates, or charges to be incorrect, authorizing OCR to order
the railroad in error to refund any over or excessive charges paid.
Current law imposes specific requirements on the issuance of securities by
public service corporations, which are defined to include railroads. OCR is
authorized to control the issuance of, and impose special restrictions on, railroad
corporation securities, including stock and debt instruments. OCR must approve
issuance of railroad securities, may determine their number, character, purpose, and
issuing value, and may impose other restrictions. The ICCTA repealed federal
authority previously granted to the ICC to approve railroad issuance of securities
and assumption of liabilities, although exclusive federal authority still exists with
respect to certain transactions, including mergers and acquisitions, between
railroads. This bill excludes railroads from the definition of public service
corporation for these purposes, while retaining water carriers in the definition,
thereby eliminating these specific requirements as applied to railroads.
The bill repeals the following provisions of current state law related to
regulation of railroad construction and facilities, which might be found to be
inconsistent with, and therefore preempted by, federal law, but retains these
provisions to the extent they also apply to water carriers:
1. Prohibiting a railroad from abandoning a station, removing a depot, or
withdrawing agency service without obtaining approval from OCR.
2. Imposing requirements related to, and providing OCR authority over,
industrial spur tracks. However, the bill retains OCR's authority to order removal
of tracks that have been abandoned but physically remain in place.
3. Requiring railroads to keep and maintain adequate and suitable depots,
buildings, switches, and sidetracks for freight transported by the railroads.
4. Requiring railroads to provide and maintain adequate passenger depots
meeting certain standards for amenities, comfort, and hours of service.
5. Requiring multiple railroads operating in the same municipality to attempt
to maintain joint passenger depots, and giving OCR authority to order railroads to
construct, maintain, and operate union passenger depots.
6. Requiring railroads to provide reasonable facilities for the interchange of
passenger and freight traffic, and to transfer or switch without unreasonable delay
or discrimination freight or cars, between their respective lines.
7. Providing that, whenever a railroad proposes to cross or join its track with
another railroad track, OCR must determine, after a hearing, whether the surface
road of the proposed track is to be above, below or at grade of any tracks proposed
to be crossed, and requiring OCR to fix the proportion of the expense of the crossing
or joining to be paid, respectively, by the owners of the tracks.
8. Requiring every railroad to transport grain at current rates to an elevator,
warehouse, or mill under specified circumstances.
9. Requiring railroads to allow siting of certain facilities for elevators or
warehouses associated with the transportation of property by railroad, and
providing OCR authority over siting, rates, and operations of these elevator and
warehouse facilities.
10. Requiring railroads to, when possible and under certain conditions,
furnish, without discriminating between shippers or places, suitable cars for the
transportation of freight.
11. Requiring OCR to gather certain cost data related to railroad construction
and railroad equipment and include the information in a report.
The bill also makes substantive modifications to modernize current law in the
following ways:
1. The bill eliminates obsolete provisions related to a railroad's authority to
move a highway in constructing a railroad over or across a highway.
2. Current law imposes certain specifications related to wires strung over
railroads prior to August 1, 1949, and requires wires strung over any railroad on or
after August 1, 1949 to be strung in such a way as to meet requirements of the
Wisconsin state electrical code. The bill provides that these requirements do not
apply to the extent they are inconsistent with federal law.
3. The bill repeals provisions relating to railroad authority with respect to
certain railroad lands.
The bill repeals the following provisions of current state law related to railroad
safety, which might be found to be inconsistent with, and therefore preempted by,
federal law, but retains these provisions to the extent they also apply to water
carriers:
1. Providing for OCR review of petitions asserting that a railroad-highway
crossing is dangerous to human life and that public safety requires setting a
maximum train speed at the crossing, and for OCR's authority to hold a hearing and
order a maximum train speed for the crossing.
2. Requiring railroad trains or locomotives to sound the whistle or horn within
specified distances of railroad-highway grade crossings but retaining such
requirements with respect to ringing the engine bell.
3. Imposing requirements related to the qualifications of railroad conductors
and flagmen.
4. Imposing equipment and safety requirements for cabooses.
5. Imposing lighting requirements for track cars operated at night, visibility
marking requirements for engines and cars built in this state, and windshield and
canopy requirements for track cars operated in this state.
6. Requiring railroads to maintain suitable telltales (arrangements of long
strips of rope, wire, or other material hanging from a bar over railroad tracks to warn
of an upcoming low overhead structure) wherever any part of an overhead structure
is less than 23 feet above the top of a rail, except where OCR authorizes an exception.
However, the bill requires telltales to the extent required under federal law and
authorizes OCR, if it finds that the absence of a telltale would create an unreasonable
risk of harm to the public or a railroad employee on a railroad not under the federal
jurisdiction to order the installation of a telltale.
7. Requiring railroads to report to OCR all collisions, derailments, or other
accidents resulting in injury to persons, equipment, or tracks, and authorizing OCR
to issue rules concerning the reporting of accidents and, if public interests require,
cause an investigation of any accident. However, the bill requires railroads to submit
to OCR a copy of any accident or injury report provided by the railroad to the
applicable federal authority.
The bill also makes substantive modifications to modernize current law in the
following ways:
1. The bill prohibits any person (not just a person under the age of 17, as
provided under current law), other than a railroad employee, from getting on or off
a moving railroad car or train.
2. Under current law, a railroad must allow a specified amount of horizontal
clearance, which varies depending on the circumstances, between any building or
platform and the tracks. OCR may exempt any building or platform if it finds that
such an exemption is in the public interest and will not imperil life or limb. The bill
allows OCR to provide such an exemption without a hearing if no objection is made
after notice is given.
3. The bill repeals an exception to the general prohibition against walking on
railroad tracks for a person who walks directly across the tracks.
The bill changes penalties for the following offenses from imposition of a fine
(a criminal penalty) or incarceration or both to imposition of a forfeiture (a civil
penalty):
1. Getting on or off a moving railroad car or train.
2. Horizontal clearance violations by a railroad.
3. Trespassing on a railroad.
4. Receiving a rebate, concession, or discrimination with respect to water
carrier transportation of property or any related service under which the property
is transported at a rate less than the tariff rate.
5. Certain offenses related to the furnishing, installation, placement, and
maintenance of advance warning signs near railroad-highway grade crossings.
However, the bill does not change the penalty for damaging or interfering with these
signs.
6. Willfully failing to sound an engine bell at a grade crossing.
The bill makes additional modifications to current state law in the following
ways:
1. Under current law, "railroad" is defined to include common carriers of
property by water which operate between fixed end points. Rather than include a
common carrier of property by water within the definition of a railroad, the bill
removes a water carrier from this definition and defines a "water carrier" to mean
a common carrier of property by water that operates between fixed end points, but
not including a water carrier under common control with a railroad when
transporting property for continuous carriage or shipment.
2. Under current law, no member of the PSC (to which OCR is attached) may
have a financial interest in a railroad or public utility. Also, the commissioner of
railroads may not have a financial interest in a railroad. This bill also prohibits any
member of the PSC or the commissioner of railroads from having a financial interest
in a water carrier.
3. The bill provides for OCR, in various circumstances where under current law
OCR requests DOT to conduct an investigation, to investigate the matter itself and
eliminates DOT's duty to investigate at OCR's request.
4. Current law provides that state laws apply to railroads in interstate
commerce only to the extent permitted by the federal constitution and federal laws.
The bill clarifies that all state laws relating to railroads apply only to the extent they
are not contrary to or inconsistent with any federal statute or regulation, or order of
an applicable federal agency, or the federal constitution.
5. The bill provides for application of certain current law provisions relating
to removing, relocating, or closing repair and maintenance shops or terminals to all
railroads, not just steam railroads.
6. The bill eliminates DOT authority to request OCR to hold hearings and
advise on railroad-related plans, policies, and programs and to request certain OCR
review of DOT determinations.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB657, s. 1
1Section
1. 15.79 of the statutes is amended to read:
SB657,7,9
215.79 Public service commission; creation. There is created a public
3service commission. No member of the commission may have a financial interest in
4a railroad
, water carrier, or public utility. If any member voluntarily becomes so
5interested, the member's office shall become vacant. If the member involuntarily
6becomes so interested, the member's office shall become vacant unless the member
7divests himself or herself of the interest within a reasonable time. No commissioner
8may serve on or under any committee of a political party. Each commissioner shall
9hold office until a successor is appointed and qualified.
SB657, s. 2
10Section
2. 15.795 (1) of the statutes is amended to read:
SB657,8,211
15.795
(1) Office of the commissioner of railroads. There is created an office
12of the commissioner of railroads which is attached to the public service commission
13under s. 15.03, provided that s. 85.02 (1) does not apply to the office of the
14commissioner of railroads. The commissioner of railroads shall have expertise in
15railroad issues and may not have a financial interest in a railroad, as defined in s.
16195.02 (1)
, or a water carrier, as defined in s. 195.02 (5). The commissioner may not
1serve on or under any committee of a political party. The commissioner shall hold
2office until a successor is appointed and qualified.
SB657, s. 3
3Section
3. 20.155 (2) of the statutes is amended to read:
SB657,8,94
20.155
(2) Office of the commissioner of railroads. (g)
Railroad and water
5carrier regulation and general program operations. The amounts in the schedule for
6railroad
and water carrier regulation under chs. 189 to 192 and 195 and general
7program operations of the office of the commissioner of railroads. Ninety percent of
8all moneys received by the office under s. 195.60 or 201.10 (3) shall be credited to this
9appropriation.
SB657,8,1210
(m)
Railroad and water carrier regulation; federal funds. All moneys received
11from the federal government for the regulation of railroads
and water carriers, for
12such purposes.
SB657, s. 4
13Section
4. 25.40 (1) (f) 1. of the statutes is amended to read:
SB657,8,1614
25.40
(1) (f) 1. Moneys received from the federal government, for the regulation
15of railroads
and water carriers, that are deposited in the general fund and credited
16to the appropriation under s. 20.155 (2) (m).
SB657, s. 5
17Section
5. 85.01 (5) of the statutes is amended to read:
SB657,8,2218
85.01
(5) "Railroad" means
a railroad as defined in s. 192.15 (2) (e), a railroad
19as defined in s. 195.02 (1) and any company, association, corporation or person
20managing, maintaining, operating or in possession of a railroad in whole or in part
21within this state whether as owner, contractor, lessee, mortgagee, trustee, assignee
22or receiver.
SB657, s. 6
23Section
6. 85.08 (4m) (e) 5. of the statutes is amended to read:
SB657,9,724
85.08
(4m) (e) 5. An application for a loan under this paragraph may not be
25made if an abandonment or discontinuance application is pending on the line or
1portion of line, or the line or portion of line on which the rail property improvements
2are located has been designated by the railroad to the
interstate commerce
3commission federal surface transportation board on its system diagram map as
4anticipated to be the subject of an abandonment or discontinuance application
5within a 3-year period following the date of the application or the date on which the
6loan is scheduled, unless the secretary determines that this restriction may be
7waived for a particular application.
SB657, s. 7
8Section
7. 85.09 (3) (a) of the statutes is amended to read:
SB657,9,119
85.09
(3) (a) A certificate or approval of abandonment has been issued by the
10interstate commerce commission federal surface transportation board or federal
11court or any other federal or state agency having jurisdiction over the rail property.
SB657, s. 8
12Section
8. 182.018 (4) of the statutes is created to read:
SB657,9,1413
182.018
(4) This section applies only to the extent that it is not contrary to or
14inconsistent with federal law.
SB657, s. 9
15Section
9. 189.02 (5) and (6) of the statutes are repealed.
SB657, s. 10
16Section
10. 190.005 of the statutes is created to read:
SB657,9,19
17190.005 Scope of chapter. Each provision of this chapter applies only to the
18extent that it is not contrary to or inconsistent with federal law or the constitution
19of the United States.
SB657, s. 11
20Section
11. 190.02 (5) of the statutes is amended to read:
SB657,9,2521
190.02
(5) Cross highways, streets, streams; highway bridges. To construct its
22railroad across, over, under, along or upon any stream, watercourse, street, highway,
23road or canal
; to carry any highway, street or road which it shall intersect over or
24under its tracks as may be most expedient for the public good; to change the course
25and direction of any highway, street or road when made necessary or desirable by the
1construction of the railroad and acquire land necessary therefor; provided, such
2highway or road be not so changed from its original course more than six rods, nor
3its distance thereby lengthened more than five rods; and provided, further, that
4every, subject to the limitation that any bridge erected over any highway or street
5shall leave a clear passageway at least
twenty 20 feet wide or
two 2 passageways,
6each not less than
fourteen 14 feet in width
, and subject to any other limitation on
7such construction provided by law.
SB657, s. 12
8Section
12. 190.025 (2) (b) of the statutes is amended to read:
SB657,10,229
190.025
(2) (b) A railroad corporation that is subject to this subsection shall
10have all powers conferred by law upon railroad corporations. The railroad
11corporation may issue, sell, pledge or otherwise dispose of its evidences of debt, at
12such times, in such amounts, for such considerations and upon such terms and
13conditions as the board of directors of the corporation shall determine, and as shall
14be authorized by the office, or the
interstate commerce commission federal surface
15transportation board in the case of a railroad corporation organized for the purpose
16of acquiring a railroad engaged in interstate commerce, or any existing railroad
17corporation reorganized under the act and acquiring railroad property used in
18interstate commerce. The evidences of debt may be convertible, at the option of the
19holder, into stock, and shares of stock. The shares may have a nominal or par value
20or, if the shares are shares of common stock, be without nominal or par value. The
21shares may be of such classes, with such rights and voting powers as may be
22expressed in the corporation's articles or any amendment thereto.
SB657, s. 13
23Section
13. 190.16 (1), (3) and (4) of the statutes are repealed.
SB657, s. 14
24Section
14. 190.16 (2) of the statutes is amended to read:
SB657,11,6
1190.16
(2) Municipal consent. No
such spur tracks shall be constructed across,
2or upon any street, road or alley, within any city, village or town, until application
3therefor shall have been made to and acted upon by such city, village or town. The
4city may prescribe any reasonable terms and conditions for the construction of any
5such spur track.
Construction of spur tracks across or upon any street, road, or alley
6is subject to the provisions of ch. 195.
SB657, s. 15
7Section
15. 190.16 (5) of the statutes is amended to read:
SB657,11,168
190.16
(5) Removal, when. Except where a spur track was constructed prior
9to June 16, 1925, at the expense of the railroad company, no spur track shall be
10removed, dismantled or otherwise rendered unfit for service except upon order of 11When a spur track has been abandoned, as defined in s. 85.09, the office
made, after
12hearing held upon notice to all parties interested
, and for good cause shown
; provided 13may order the removal of the track except that
, if no objection has been filed with the
14office within 20 days from the original
publication of such notice, the office may
15without hearing authorize
such spur track removed, dismantled or otherwise
16rendered unfit for service the removal of the track.
SB657, s. 16
17Section
16. 191.17 of the statutes is amended to read:
SB657,12,2
18191.17 Public safety; investigation; approval of plans. Upon receiving
19the specification required by s. 191.16, the office shall examine the same and shall
20hear the applicant in support thereof, shall suggest and require modifications of the
21specification if the public safety so demands, eliminating so far as may be
22practicable, consistent with reasonable cost, all grade crossings of public highways,
23shall inspect the route of the proposed railroad if deemed desirable, and shall
24otherwise investigate and determine that the proposed construction will be adequate
25for securing public safety in the operation of the railroad, and thereupon the office
1shall enter an order approving the specification and authorizing the construction of
2the railroad in accordance therewith
and with the provisions of ch. 195.
SB657, s. 17
3Section
17. 191.19 (1) of the statutes is amended to read:
SB657,12,114
191.19
(1) Upon the completion of the construction of any railroad under the
5approved specification, the company shall, before operating the same for public
6service, report to the office; and the office shall inspect the work. If the office finds
7that the railroad has been constructed in accordance with the approved specification
8and with the provisions of ch. 195 and is otherwise suitable and properly constructed
9so as to secure public safety in the operation thereof, the office shall enter an order
10authorizing its operation, which order shall be presumptive evidence of the
11sufficiency of such construction.
SB657, s. 18
12Section
18. 191.19 (3) of the statutes is amended to read:
SB657,12,1913
191.19
(3) If upon inspection the office shall deem that public safety requires
14the installation, operation and maintenance of some protective appliance at any
15grade crossing of railroad tracks the office may, before granting the order, after notice
16and hearing
under s. 195.28, require the installation, operation and maintenance of
17suitable protective appliances, and shall apportion the expense of constructing,
18maintaining and operating such protective appliances among the owners of the
19tracks.
SB657, s. 19
20Section
19. 192.005 of the statutes is created to read:
SB657,12,23
21192.005 Scope of chapter. Each provision of this chapter applies only to the
22extent that it is not contrary to or inconsistent with federal law or the constitution
23of the United States.
SB657, s. 20
24Section
20. 192.14 of the statutes is repealed.
SB657, s. 21
1Section
21. 192.18, 192.255, 192.266, 192.267 and 192.268 of the statutes are
2repealed.
SB657, s. 22
3Section
22. 192.29 (title) of the statutes is amended to read:
