SB439,3,42 195.03 (30) (a) The office shall give testimony at the hearing under s. 350.138
3(4) (b), or shall submit a written report for introduction into the hearing record, on
4the factors stated in s. 350.138 (4) (d) 1., 2., 3. and 4.

SB439,3,96 195.03 (30) (b) The office shall give the department of natural resources its
7opinion on whether the snowmobile crossing should be closed or removed in
8testimony at the hearing under s. 350.1395 (2) (b) 2. or in a written report for
9introduction into the hearing record.

SB439,3,13 11195.307 Snowmobile rail crossings. Sections 195.28, 195.285, 195.286 and
12195.29 do not apply to snowmobile rail crossings for which a permit is issued under
13s. 350.138.

SB439,4,8

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1350.137 (1) The department, after having consulted with the snowmobile
2recreational council each rail authority, as defined in s. 350.138 (1) (b), in this state,
3that has furnished the department with the information required under s. 350.138
4(2m), an established snowmobile association that represents snowmobile clubs, as
5defined in s. 350.138 (1) (e), in this state and the office of the commissioner of
6railroads, shall promulgate rules to establish uniform maintenance standards and
7uniform design and construction standards for snowmobile rail crossings under ss.
8350.138 and 350.139.

SB439,4,1310 350.137 (2) (a) Preclude the use of a proposed site for a snowmobile rail crossing
11because the site would be unsafe due to poor visibility of the proposed snowmobile
12rail crossing from the cab of a railroad engine an approaching train from the position
13of a snowmobile operator who is stopped on the approach to the proposed crossing.

SB439,4,2516 350.138 (2) Permit required. No person may construct a snowmobile rail
17crossing that is not located on a railroad crossing of a public highway or street unless
18the person is a snowmobile organization and has a permit approved issued under this
19section. No person may maintain a snowmobile rail crossing that is not located on
20a railroad crossing of a public highway or street unless the person is a snowmobile
21organization and either the person has a permit approved issued under this section
22or the snowmobile rail crossing is an established snowmobile rail crossing. In order
23to obtain a permit required under this section, a snowmobile organization shall apply
24to the department. A separate permit is required for each snowmobile rail crossing
25subject to this section.

SB439,5,82 350.138 (2m) Designation of agents. Each rail authority with rail lines in this
3state shall furnish the department with the name and address of an agent who is
4authorized on behalf of the rail authority to receive copies of snowmobile crossing
5permit applications filed with the department. A rail authority that has rail lines
6in this state on the effective date of this subsection .... [revisor inserts date], shall
7furnish this information to the department within 30 days of the effective date of this
8subsection .... [revisor inserts date].

SB439,5,2110 350.138 (3) Contents of Procedures for permit application. An application
11submitted under sub. (2) shall include adequate descriptions and drawings showing
12the proposed location of the snowmobile rail crossing, the design of the snowmobile
13rail crossing and the location of snowmobile trails that connect with the snowmobile
14rail crossing. The department shall, upon receipt of an application submitted under
15sub. (2), send a copy of the application to the agent designated under sub. (2m) for
16the applicable rail authority and shall, immediately thereafter, send notice to the
17applicant that a copy of the application was sent to the designated agent. The notice
18to the applicant must include the name and address of the designated agent to whom
19the department sent a copy of the application. The department may reject an
20application within 15 days after it is submitted if the application is incomplete or is
21not sufficiently detailed to determine whether to approve or deny the application.

SB439,6,524 350.138 (4) (a) (intro.) The Except as provided under par. (e), the department
25shall approve or deny an application submitted under sub. (2) within 60 days after

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1receiving a complete and sufficiently detailed application. The department may
2deny an application only within 90 days after sending a copy of the application to the
3rail authority's designated agent under sub. (3) if the department determines that
4the proposed snowmobile rail crossing does not comply with the rules promulgated
5under s. 350.137. all of the following conditions have been met:

SB439,6,107 350.138 (4) (a) 1. Within 30 days after the date that the department sent a copy
8of the application to the applicable rail authority, the applicant contacted the
9applicable rail authority in writing to discuss the advisability and feasibility of the
10proposed rail crossing.

SB439,6,1211 2. The applicant furnished the department with a copy of the writing by which
12the applicant contacted the applicable rail authority under subd. 1.

SB439,6,1613 3. The rail authority did not file an objection with the department to the
14application within 60 days after receiving notice under sub. (3) or did not object,
15within that period, to a modification of the application as agreed to by the rail
16authority and the applicant.

SB439,6,1717 4. The application complies with the rules promulgated under s. 350.137.

SB439,6,2219 350.138 (4) (b) The department shall hold a hearing on the application if the
20conditions under par. (a) 1. and 4. are met, if the rail authority files with the
21department an objection to the application within 60 days after receiving notice
22under sub. (3) and the objection contains all of the following:

SB439,6,2523 1. A statement that after discussing the advisability and feasibility of the
24proposed rail crossing with the applicant in good faith, the rail authority opposes the
25application.

SB439,7,1

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12. A statement of the basis for the rail authority's objection.

SB439,7,63 350.138 (4) (c) The department shall give notice of any hearing scheduled
4under par. (b) to the applicant, the applicable rail authority and to the office of the
5commissioner of railroads. The hearing shall be a contested case hearing under ch.
6227. The department's order is a final order subject to judicial review under ch. 227.

SB439,7,128 350.138 (4) (d) The department shall issue a permit to the applicant after a
9hearing under par. (b), and after giving substantial weight to the testimony or report
10given under s. 195.03 (30), if the department finds that the proposed snowmobile
11crossing is advisable and feasible. In making its finding, the department shall
12consider, but not be limited to, all of the following factors:

SB439,7,1413 1. Whether the proposed snowmobile rail crossing could pose a substantial
14danger to public safety.

SB439,7,1615 2. Whether a snowmobile rail crossing that is located near the proposed
16snowmobile rail crossing provides an adequate crossing for snowmobiles.

SB439,7,1817 3. Whether the proposed snowmobile rail crossing would have a substantial
18adverse effect on railroad operations.

SB439,7,2019 4. Whether the proposed snowmobile rail crossing conforms with the
20requirements of the rules promulgated under s. 350.137.

SB439,7,2422 350.138 (4) (e) If the department issues a permit to an applicant under this
23section, the rail authority shall construct that portion of the snowmobile rail crossing
24that is on the track and that portion that extends outward 4 feet from each outer rail.

SB439,8,83 350.138 (5) (a) The department may charge an initial application fee not to
4exceed $150 for the costs of reviewing a permit application under sub. (4). Neither
5a rail authority nor the department may charge any other fee or amount for the
6construction or use of a snowmobile rail crossing or for the use of the right-of-way
7for the crossing. If the department charges the fee, the applicant must include the
8fee with the permit application.

SB439,8,1410 350.138 (5) (b) Except as provided under par. (c), if the department issues a
11permit to an applicant under this section, the applicant shall pay the rail authority
12$1,500 within 30 days after the date on which the permit is issued, to compensate the
13rail authority for the the cost of constructing the snowmobile rail crossing and to pay
14for the use of the snowmobile rail crossing by snowmobile operators.

SB439,8,1916 350.138 (5) (c) Biennially, beginning January 1, 2002, the department shall
17adjust the fee under par. (b) by a percentage that is equal to the percentage change
18in the U.S. consumer price index for all urban consumers, U.S. city average for the
1924-month period ending on December 31 of the previous calendar year.

SB439,9,1621 350.138 (6) Liability insurance. The department shall require a snowmobile
22organization to maintain in effect liability insurance to indemnify the applicable rail
23authority for damages resulting from the design, construction or, maintenance,
24existence or use of a snowmobile rail crossing for which a permit is approved issued
25under this section, except that the department shall not require the snowmobile

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1organization to maintain in effect liability insurance to indemnify the applicable rail
2authority for injuries sustained by a person engaged in a recreational activity, if the
3rail authority would be immune from liability for those injuries under s. 895.52.
4Regardless of the number of snowmobile rail crossings that the snowmobile
5organization maintains under this section and s. 350.139, the amount of the liability
6insurance that is required to be maintained under this subsection shall be at least
7$1,000,000 $2,000,000 for each snowmobile organization. Beginning on January 1,
81997, this minimum amount shall increase to $2,000,000. The snowmobile
9organization shall designate the applicable rail authority as a named insured on the
10policy. Any liability insurance that is required under this subsection for the purpose
11of indemnifying a rail authority that is a rail transit body shall also indemnify the
12owners and operators of any railroad using the tracks of the rail transit body.
13Annually, beginning on the first day of the 3rd month beginning after the effective
14date of this subsection .... [revisor inserts date], each snowmobile organization that
15is required to maintain liability insurance under this subsection shall furnish proof
16of that insurance to the applicable rail authority and to the department.

SB439,9,1818 350.138 (8) (title) Terms Revocation of permits.

SB439,9,2522 350.138 (8) The department may revoke or refuse to renew a permit that it
23previously approved only issued if the department determines that the snowmobile
24rail crossing is not constructed or maintained in compliance with the rules
25promulgated under s. 350.137, the. The department must revoke a permit that it

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1issued if the snowmobile organization does not maintain any liability insurance that
2is required under sub. (6) or the snowmobile rail crossing is not maintained for use
3by snowmobiles for at least 5 winters in any 10-year period. The 10-year period for
4purposes of this paragraph subsection shall begin on the first December 15 following
5the date of the issuance of the permit.

SB439,10,117 350.138 (9) Inspection authorized. The department or the office of the
8commissioner of railroads may inspect the site of a proposed or snowmobile rail
9crossing or the site of a snowmobile rail crossing for which a permit has been issued
10to determine whether there are grounds to refuse to issue a permit under sub. (4) or
11to revoke a permit under sub. (8) (b).

SB439,10,1513 350.139 (1) (a) "Established snowmobile rail crossing" means a snowmobile rail
14crossing that has been used by snowmobiles, or maintained by a snowmobile
15organization for use by snowmobiles, for at least 5 winters of the last 10 years.

SB439,10,2017 350.139 (3) Charges prohibited. Neither the department nor a rail authority
18may charge a fee or any other amount for the use of an established snowmobile rail
19crossing or for the use of a right-of-way for the established snowmobile rail crossing,
20unless otherwise agreed upon by the rail authority and a snowmobile organization.

SB439,10,2222 350.139 (4) (title) Requirements Use and maintenance requirements.

SB439,11,3

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1350.139 (4) (intro.) The department shall require a snowmobile organization
2that uses or maintains any part of an established snowmobile rail crossing to do all
3of the following:

SB439,11,85 350.139 (4) (a) Maintain that portion of the established snowmobile rail
6crossing in conformance with the rules promulgated under s. 350.137 that is outside
7of the portion of the snowmobile rail crossing that extends outward 4 feet from each
8outer rail.

SB439,12,410 350.139 (4) (b) Maintain in effect liability insurance to indemnify the
11applicable rail authority for damages resulting from the design, construction or,
12maintenance, existence or use of the established snowmobile rail crossing, except
13that the department shall not require the snowmobile organization to maintain in
14effect liability insurance to indemnify the applicable rail authority for injuries
15sustained by a person engaged in a recreation activity, if the rail authority would be
16immune from liability for those injuries under s. 895.52. Regardless of the number
17of established snowmobile rail crossings and snowmobile rail crossings under s.
18350.138 that each snowmobile organization maintains, the amount of the liability
19insurance that is required to be maintained under this paragraph shall be at least
20$1,000,000 $2,000,000 for each snowmobile organization. Beginning on January 1,
211997, this minimum amount shall increase to $2,000,000. The snowmobile
22organization shall designate the applicable rail authority as a named insured on the
23policy. Any liability insurance that is required under this paragraph for the purpose
24of indemnifying a rail authority that is a rail transit body shall also indemnify the
25owners and operators of any railroad using the tracks of the rail transit body.

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1Annually, beginning on the first day of the 3rd month beginning after the effective
2date of this paragraph .... [revisor inserts date], each snowmobile organization that
3is required to maintain liability insurance under this paragraph shall furnish proof
4of that insurance to the applicable rail authority and to the department.

SB439,12,96 350.139 (5) Inspection authorized. The department or the office of the
7commissioner of railroads may inspect an established snowmobile rail crossing to
8determine whether the snowmobile organization maintaining the crossing is in
9compliance with the requirements imposed under sub. (4).

SB439,12,12 11350.1395 (title) Snowmobile rail crossings; closing and removal; review
12of rail authorities; insurance rules.

SB439,12,2415 350.1395 (2) (a) Except as provided in par. (b), no A rail authority may close
16or remove a snowmobile rail crossing subject to a permit under s. 350.138 or an
17established snowmobile rail crossing if it enters into a written agreement with the
18snowmobile organization under which the snowmobile organization agrees to allow
19the rail authority to close or remove the snowmobile rail crossing. Each rail authority
20that enters into a written agreement with a snowmobile organization that holds a
21permit under s. 350.138 or that maintains an established snowmobile rail crossing
22under s. 350.139 to close or remove a snowmobile rail crossing shall notify the
23department of the agreement and that the snowmobile rail crossing has been closed
24or removed.

SB439,13,113 350.1395 (2) (b) 1. A rail authority may petition the department to review any
4failure of a snowmobile organization to comply with any requirements imposed
5under s. 350.138 or 350.139 (4), and to issue an order authorizing authorize the rail
6authority to close or remove an established a snowmobile rail crossing. The
7department shall decide the matter after notice and hearing. The order issued by the
8department is a final order of the department subject to judicial review under ch. 227.
9The rail authority may file a petition under this subdivision without requesting or
10obtaining a written agreement from the snowmobile organization to close or remove
11the snowmobile rail crossing.

SB439,13,1713 350.1395 (2) (b) 2. The department shall hold a hearing on a petition filed under
14subd. 1. after giving notice of the hearing to the rail authority, snowmobile
15organization and the office of the commissioner of railroads. The hearing shall be a
16contested case hearing under ch. 227. The department's order shall be a final order
17subject to judicial review under ch. 227.

SB439,13,2319 350.1395 (2) (b) 3. The department shall grant a rail authority's petition under
20subd. 2. to close or remove a snowmobile rail crossing if, after a hearing under subd.
212., and after giving substantial weight to the office of the commissioner of railroads'
22testimony or report given under s. 195.03 (30) (b), the department finds that any of
23the following apply:

SB439,13,2524 a. The snowmobile rail crossing has not been maintained for use for at least 5
25winters in the 10 years preceding the year in which the petition was filed.

SB439,14,1

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1b. The snowmobile rail crossing poses a substantial danger to public safety.

SB439,14,42 c. Another snowmobile rail crossing is located near the snowmobile rail
3crossing that is the subject of the petition and the other snowmobile rail crossing
4provides a crossing for snowmobiles that is adequate and accessible.

SB439,14,65 d. The snowmobile rail crossing has a substantial adverse effect on the
6operations of the rail authority.

SB439,14,188 350.1395 (3) Review of actions of rail authority. A snowmobile organization
9may request the department to review any failure of the rail authority , and the rail
10authority may request the department to review any failure of a snowmobile
11organization, to comply with s. 350.138 or, 350.139 or, this section or rules
12promulgated under these sections or s. 350.137. The department shall decide the
13matter after notice and a contested case hearing. If the department finds that the
14rail authority or snowmobile organization failed to comply with s. 350.138, 350.139,
15this section or rules promulgated under these sections or s. 350.137, the department
16shall issue an order directing the rail authority or snowmobile organization to take
17appropriate action in order to comply with this that section. The order issued by the
18department is a final order of the department subject to judicial review under ch. 227.

SB439,15,220 350.1395 (4) (b) No rule may be promulgated The department may not
21promulgate a rule under this subsection without approval of the rule by the public
22service commission first consulting with each rail authority in this state, that has
23furnished the department with the information required under s. 350.138 (2m), an

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1established snowmobile association that represents snowmobile clubs, as defined in
2s. 350.138 (1) (e), in this state and the office of the commissioner of railroads.