SF0017 - Railroad regulation-amendments.
2001 |
State of Wyoming |
01LSO-0110.E1 ENGROSSED |
SENATE FILE NO. SF0017
Railroad regulation-amendments.
Sponsored by: Senator(s) Barton and Geis and
Representative(s) Diercks, Eyre, Hageman and
Hines
A BILL
for
1 AN ACT relating to
railroads; amending provisions relating
2
to the regulation of railroads; amending times for
3
providing notices as specified; amending penalties;
4
clarifying provisions; amending archaic language; providing
5
definitions; amending the apportionment of costs for
6
railroad crossings as specified; and providing for an
7
effective date.
8
9 Be It Enacted by the Legislature of the State of Wyoming:
10
11 Section 1. W.S. 37-9-301, 37-9-302, 37-9-304 through
12 37-9-308, 37-10-101(b), 37-10-102(a),
37-10-103 and
13 37-10-104 are amended to read:
14
15 37-9-301. Fireguards.
16
Page 1
1 It
shall be the duty of every railroad corporation
2
operating its line of road, or any part of it, within this
3
state, upon its right-of-way upon each side of its roadbed,
4
to maintain annually an effective fireguard upon order of
5
and satisfactory to specifications set forth by the
6
department of transportation so as to prevent fire from
7
spreading to lands adjacent to said the right-of-way. The
8
fireguards need not be maintained within the limits of any
9
city or town, nor along that portion of the line of a
10 railroad where the desert or mountainous
character of the
11 adjoining land would render such
burning impractical or
12 unnecessary.
13
14 37-9-302. Fireguards; penalty.
15
16 (a) Any
railroad corporation failing to comply with
17 the provisions of the preceding section W.S.
37-9-301 shall
18 be liable to pay a penalty of one hundred dollars ($100.00) 19 one thousand dollars ($1,000.00) for each and
every mile,
20 or fractional mile, of such any
strips of land as it
21 neglects to treat as directed by the
department of
22 transportation upon either side of
the line of its road in
23 this state, in each and every year
as stated, the same 24 penalty to be collected in any proper action in
any court
Page 2
1 of
competent jurisdiction, in the name of the state of
2
Wyoming, and when collected it shall be paid into the
3
school fund of the county where the cause of action
4
accrued. The action shall be brought within one (1) year
5
next after it the violation of
W.S. 37-9-301 occurs.
6
7 (b) The penalty
imposed under subsection (a) of this
8 section applies to any railroad
corporation failing to
9 comply with W.S. 37-9-202.
10
11 37-9-304. Fences and cattle guards; generally.
12
13 (a) All railway
corporations, owning or operating a
14 line of railway within the state,
shall construct, maintain
15 and keep in repair on each side of
the track thereof, a
16 sufficient fence conforming to the provisions of W.S.
17 11-28-102, so connected with suitable cattle
guards at all
18 public road crossings as to prevent
stock from getting on
19 the railroad track of said the
corporation.,
and such fence 20
when of barb wire to consist of four (4) wires securely 21
fastened to posts set not more than thirty-two (32) feet 22
apart, with stays not more than ten (10) feet apart. Such
23 The
fence shall be constructed within nine (9) months after
24 the completion of any railroad track
or any part thereof;
Page 3
1 provided,
that railway corporations shall not be required
2
to construct and maintain a fence within the boundaries of
3
any incorporated city or town.
4
5 (b) Any corporation
failing to comply with this
6 section is subject to a fine of not
less than one hundred
7 dollars ($100.00) nor more than seven
hundred fifty dollars
8 ($750.00) for each day during which a
violation continues.
9 Each county in which there is a
failure to comply with this
10 section shall constitute a separate violation. This
11 penalty shall be prosecuted and collected pursuant to the
12 provisions of W.S. 37-9-302.
13
14 (c) No fine shall be assessed under subsection (b) of
15 this
section against a corporation that has on file with
16 the department of transportation an approved plan for fence
17 construction, reconstruction and maintenance so long as the
18 corporation is in full compliance with the terms and
19 conditions of the approved plan.
20
21 37-9-305. Fences and cattle guards;
liability for
22 damages.
23
Page 4
1 Any
corporation operating a railway and failing to fence
2
the same and to construct and maintain suitable cattle
3
guards as required by the preceding section W.S. 37-9-304,
4
shall be liable to the owner or owners of any livestock
5
killed or injured by reason of its failure to construct or
6
keep in repair such the fence or cattle guard in the manner
7
provided in the preceding section W.S. 37-9-304, for the
8
full amount of the damage sustained by the owner on account
9
thereof and to make a prima facie case for recovery, it
10 shall only be necessary for such the
owner to prove the
11 loss or injury to his property;
provided, that no
12 corporation operating a railroad
shall be liable for any
13 damage occasioned by the willful act
of the owner or of his
14 agent or employees or for stock
killed or injured on public
15 road crossings unless negligence on
the part of such the
16 corporation, its agents, servants or
employees can be
17 shown.
18
19 37-9-306. Injury to stock; definitions.
20
21 For the purpose of this act article
the terms "livestock"
22 and "stock" shall include
all classes of horses, asses,
23 mules, neat
cattle, sheep, and swine, buffalo,
beefalo,
24 llamas and other domesticated animals.
Page 5
1
2 37-9-307. Injury to stock; notice to
owner; procedure
3 if
owner unknown.
4
5 Any
such railroad
corporation injuring or killing any
6
livestock, by running any engine, car or cars, over or
7
against any such the livestock, shall within
ten (10) days 8
thereafter, immediately notify the owner or owners, of such 9
livestock, so killed or injured, of
the fact; provided, 10
that if the ownership of such stock so killed or injured, 11
is unknown, such corporation shall file in the office of 12
the county clerk of the county in which such livestock was 13
so killed or injured, a
brand inspector or the department
14 of transportation, giving a full description,
including the
15 number, classes and brands, of such the
livestock, naming
16 the locality where such the
stock was so killed or
17 injured.; and such corporation shall also cause a notice of 18
the injuring or killing of any such livestock to be 19
immediately posted up in a conspicuous place on the station 20
house or section house which is nearest to the place of 21
killing or injuring, which notice shall specify the date 22
and place of such injury or killing, the kind and number of 23
animals killed or injured, the color and brands or marks of 24
such animals, and the owner's name, if known. The carcass
Page 6
1 of any animal so killed shall not be buried until three (3) 2
days after the posting of such
notice. A copy of the notice 3
so posted shall, in all cases, be
immediately mailed by the 4
section foreman to the owner of such
animal, if such owner 5
be known to him, and this notice
shall be in addition to 6
that named in the first part of this
section. It shall be
7 the responsibility of the corporation
to retrieve the
8 animal injured or killed after
identification and
9 notification, and dispose of the
animal within ten (10)
10 days from the date of notification.
11
12 37-9-308. Injury to stock; owner to
make sworn
13 statement of value.
14
15 Any person or
persons owning any livestock which shall
be 16 is killed or injured, in the manner set forth in
the first 17
section of this act W.S.
37-9-307, within six (6) months 18 thirty (30) days after the
said person or
persons is, or 19
are, notified of the said
killing or injuring, as provided
20 in the
second section of this act W.S. 37-9-307,
shall
21 furnish within
sixty (60) days the corporation having so
22 killed or injured the livestock, through its nearest agent,
23 sworn evidence of the value of said the
livestock.
24
Page 7
1 37-10-101. Highway crossing protection
account
2 established;
purposes of account; use in connection with
3
federal funds.
4
5 (b) "Public highways" As used in W.S. 37-235.1 6
through 37-235.5 shall be defined this act:
7
8 (i) "Public
highways" means as specified in W.S.
9
31-12(k) 24-1-101, but shall not include private roads;
10
11 (ii) "This act" means W.S. 37-10-101 through
12 37-10-105.
13
14 37-10-102. Power to close or establish
crossings;
15 establishing priority for hazardous
crossing locations.
16
17 (a) The transportation
commission shall have the
18 power and authority to close or
establish crossings at
19 grade of public highways as
specified, or separations over
20 or under
the track or tracks of any railroad corporation or
21 street railway corporation in the
state of Wyoming.
22
Page 8
1 37-10-103. Apportionment of cost of
grade crossing
2 devices
and grade separation structures; between railroad
3
and state, county and city
government.
4
5 (a) With
respect to the installation of safety
6
devices or safety equipment at railroad-highway crossings,
7
under the direction of the affected railroad, it shall be
8
the duty of the transportation commission to apportion the
9
costs and expenses of installing or reconstructing such the
10 crossings and safety devices between
the railroads and the
11 department of transportation or the
county, city or other
12 governmental entity involved in
proportion to the
13 respective benefits to be derived,
and to make the
14 apportionment of the costs in
accordance with justice; but 15
that in allocating the cost and dividing it among the 16
parties involved, the commission shall limit the amount to 17
be charged against the railroad to a maximum of thirty-18
three and one-third percent (33 1/3%) of the cost of the 19
total project for installing or reconstructing such 20
crossings and safety devices state and federal rules and
21 regulations.
22
23 (b) With respect to the initial
installation of grade
24 separation structures at existing railroad public highway
Page 9
1 crossings,
a grade separation structure shall be installed
2 by the railroad at all new railroad
crossings of major
3 public roads or state highways. Other
public roads shall be
4 evaluated by the transportation
commission after
5 notification by the railroad of its
intent to cross the
6 highway. All installations shall be in
accordance with
7 state and federal rules and
regulations.
8
9 (c) With
respect to separation structures for roads
10 over or under railroads, the commission shall
first
11 determine that all federal sources
of funding have been
12 exhausted, and then apportion the
remaining costs and
13 expenses of the initial installation
of the grade
14 separation structures between the
railroad and the
15 department of transportation or the
county, city or other
16 governmental entity involved, the
apportionment to be based
17 upon the causes resulting in the
need for grade separation
18 structures in accordance with justice state and
federal
19 rules and regulations. None of the money in the
highway
20 crossing protection account shall be
used for payment of
21 grade separation structures.
22
Page 10
1 37-10-104. Apportionment of cost of
grade crossing
2 devices
and grade separation structures; administration of
3
highway crossing protection
account.
4
5 (a) The
transportation commission is charged with the
6
administration of the highway crossing protection program.
7
In order to compensate for the use of crossings by the
8
public generally, the commission shall also order that one-
9 half (1/2) of the part of the cost of installing,
10 reconstructing or improving signals
or devices as will not 11 be paid by the railroad
corporation, and the balance of the
12 costs will be divided between the state highway
crossing
13 protection account and the
department of transportation or
14 the city, town, county or other
political entity in which
15 the crossing is located in accordance with state and
16 federal rules and regulations. The commission
shall fix in
17 each case the amount to be paid from
the crossing
18 protection account and the amount to
be paid by the
19 department or by the city, town,
county or other political
20 entity.
21
22 (b) The railroads shall bear all
costs of maintaining
23 in good operating condition all such safety crossing
24 warning
devices.
Page 11
1
2 (c) The governmental agency or city, town, county or
3
other political entity having jurisdiction over the highway
4
and the separation structures
which crosses over or under
5
the railroad track or tracks, shall bear all cost of
6
maintenance of grade its own separation structures. The
7 railroad corporation shall bear all
costs of maintenance of
8 its own structures over or under a
public highway.
9 Maintenance of joint use structures
shall be by agreement
10 between the parties involved.
11
12 Section 2. W.S. 37-9-202 is renumbered as 37-9-311.
13
14 Section 3. This act is effective July 1, 2001.
15
16 (END)
Page 12