Bill Text: OH SB116 | 2009-2010 | 128th General Assembly | Comm Sub
Bill Title: To authorize the Public Utilities Commission to hear complaints regarding a railroad's failure to properly sustain certain areas near its tracks and to authorize forfeiture for noncompliance and to update certain provisions of law governing railroads.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2010-03-09 - Passed 3rd Consideration House [SB116 Detail]
Download: Ohio-2009-SB116-Comm_Sub.html
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Senator Buehrer
Cosponsors:
Senators Goodman, Patton, Miller, D., Sawyer, Cates, Faber, Gibbs, Harris, Hughes, Miller, R., Morano, Schiavoni, Seitz, Turner, Wagoner, Wilson, Fedor, Kearney, Smith
To amend sections 4905.54, 4905.57, 4907.23, | 1 |
4907.472, 4909.28, 4909.29, 4955.21, 4955.36, and | 2 |
5561.16; to enact new section 4955.22 and section | 3 |
4907.081; and to repeal section 4955.22 of the | 4 |
Revised Code to authorize the Public Utilities | 5 |
Commission to hear complaints regarding a | 6 |
railroad's failure to properly sustain certain | 7 |
areas near its tracks and to authorize forfeiture | 8 |
for noncompliance and to update certain provisions | 9 |
of law governing railroads. | 10 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4905.54, 4905.57, 4907.23, 4907.472, | 11 |
4909.28, 4909.29, 4955.21, 4955.36, and 5561.16 be amended and new | 12 |
section 4955.22 and section 4907.081 of the Revised Code be | 13 |
enacted to read as follows: | 14 |
Sec. 4905.54. (A) Every public utility or railroad and every | 15 |
officer of a public utility or railroad shall comply with every | 16 |
order, direction, and requirement of the public utilities | 17 |
commission made under authority of this chapter and Chapters | 18 |
4901., 4903., 4907., 4909., 4921., and 4923. of the Revised Code, | 19 |
so long as they remain in force. Except as otherwise specifically | 20 |
provided in sections 4905.83, 4905.95, 4919.99, 4921.99, and | 21 |
4923.99 of the Revised Code, the public utilities commission may | 22 |
assess | 23 |
(1) A forfeiture of not more than ten thousand dollars for | 24 |
each violation or failure against a public utility or railroad | 25 |
that violates a provision of those chapters or that after due | 26 |
notice fails to comply with an order, direction, or requirement of | 27 |
the commission that was officially promulgated; | 28 |
(2) A forfeiture of not more than two thousand five hundred | 29 |
dollars for each violation or failure against a public utility or | 30 |
railroad that violates section 4955.20, 4955.21, 4955.36, or | 31 |
5561.16 of the Revised Code or that after due notice fails to | 32 |
comply with an order, direction, or requirement of the commission | 33 |
that was officially promulgated. | 34 |
(B) Each day's continuance of the violation or failure under | 35 |
this section is a separate offense. | 36 |
(C) All forfeitures collected under this section shall be | 37 |
credited to the general revenue fund, except as follows: | 38 |
(1) Other than a forfeiture collected as provided in division | 39 |
(C)(2) of this section, each forfeiture collected for violating | 40 |
sections 4955.20, 4955.21, 4955.36, and 5561.16 of the Revised | 41 |
Code shall be credited to the grade crossing protection fund | 42 |
created by section 4907.472 of the Revised Code. | 43 |
(2) In the case of a violation of section 5561.16 of the | 44 |
Revised Code related to a state highway or extension thereof, the | 45 |
forfeiture shall be credited to the general revenue fund. | 46 |
Sec. 4905.57. Except as otherwise specifically provided in | 47 |
sections 4905.83, 4905.96, 4919.99, 4921.99, and 4923.99 of the | 48 |
Revised Code, actions to recover forfeitures provided for in this | 49 |
chapter and Chapters 4901., 4903., 4907., 4909., 4921., and 4923. | 50 |
of the Revised Code shall be prosecuted in the name of the state | 51 |
and may be brought in the court of common pleas of any county in | 52 |
which the public utility or railroad is located. Such actions | 53 |
shall be commenced and prosecuted by the attorney general | 54 |
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commission. Moneys recovered by such actions shall be deposited in | 56 |
the state treasury to the credit of the general revenue fund, | 57 |
except as follows: | 58 |
(A) Other than moneys recovered as provided in division (B) | 59 |
of this section, the moneys recovered for violating sections | 60 |
4955.20, 4955.21, 4955.36, and 5561.16 of the Revised Code shall | 61 |
be credited to the grade crossing protection fund created by | 62 |
section 4907.472 of the Revised Code. | 63 |
(B) In the case of a violation of section 5561.16 of the | 64 |
Revised Code related to a state highway or extension thereof, all | 65 |
moneys recovered by an action under this section shall be | 66 |
deposited to the credit of the general revenue fund. | 67 |
Sec. 4907.081. If a complaint is filed pursuant to sections | 68 |
4905.04 and 4907.08 of the Revised Code with the public utilities | 69 |
commission alleging a railroad's violation of section 4955.20 or | 70 |
4955.36 of the Revised Code, the staff of the commission shall | 71 |
contact the railroad and may meet to review the complaint. | 72 |
Sec. 4907.23. Whenever an accident attended with loss of | 73 |
human life occurs within this state upon the line of any railroad, | 74 |
or on the depot grounds or yards of any railroad, such railroad | 75 |
shall give immediate notice of such accident to the public | 76 |
utilities commission. | 77 |
In case of such accident, the commission, if it deems the | 78 |
public interest requires it, shall cause an investigation to be | 79 |
made forthwith, which shall be held in the locality of the | 80 |
accident, unless for greater convenience of those concerned, the | 81 |
commission orders such investigation held at some other place. | 82 |
Such investigation may be adjourned from place to place as is | 83 |
necessary and convenient. The commission shall give reasonable | 84 |
notice to an officer, division engineer, roadmaster, or
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investigation. | 87 |
The cost of such investigation shall be certified by the | 88 |
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the state as other expenses. The commission shall keep a record or | 90 |
file of the proceedings and evidence. | 91 |
Sec. 4907.472. (A) There is hereby created in the state | 92 |
treasury the grade crossing protection fund for the purpose of | 93 |
paying: | 94 |
(1) The public share of the cost of reducing hazards at | 95 |
public highway-railway crossings at any location where a railway | 96 |
and a public highway intersect each other at a common grade, when | 97 |
such protection is ordered by the public utilities commission | 98 |
pursuant to section 4907.47, 4907.471, or 4907.49 of the Revised | 99 |
Code; | 100 |
(2) The costs incurred by the commission in administering | 101 |
sections 4907.47 to 4907.476 of the Revised Code. | 102 |
(B) Moneys for the fund shall be provided from forfeitures | 103 |
assessed pursuant to section 4905.54 of the Revised Code, the | 104 |
motor fuel tax levied under section 5735.05 of the Revised Code, | 105 |
and any federal funds apportioned and allocated to the state for | 106 |
the reduction of hazards at railroad grade crossings. One hundred | 107 |
thousand dollars shall be transferred to the fund each month as | 108 |
provided for in section 5735.23 of the Revised Code, and may be | 109 |
expended by the commission to pay the public share of the costs | 110 |
for reducing hazards at railway crossings with highways, roads, or | 111 |
streets on the state, county, township, or municipal highway and | 112 |
street systems and the costs incurred by the commission in | 113 |
administering sections 4907.47 to 4907.476 of the Revised Code, | 114 |
provided that not more than ten per cent of the amounts thus | 115 |
transferred each fiscal year may be used for paying such | 116 |
administrative costs that fiscal year. | 117 |
Sec. 4909.28. If, upon an investigation under Chapters | 118 |
4901., 4903., 4905., 4907., 4909., 4921., and 4923. | 119 |
the Revised Code, the public utilities commission finds that any | 120 |
existing rate, fare, charge, or classification, any joint rate, or | 121 |
any regulation or practice affecting the transportation of persons | 122 |
or property, or service in connection therewith, is unreasonable | 123 |
or unjustly discriminatory, or that any service is inadequate, it | 124 |
shall determine and by order fix a reasonable rate, fare, charge, | 125 |
classification, joint rate, regulation, practice, or service to be | 126 |
imposed, observed, and followed in the future, in place of that so | 127 |
found to be unreasonable, unjustly discriminatory, or inadequate. | 128 |
A certified copy of each such order shall be delivered to an | 129 |
officer, division engineer, roadmaster, or | 130 |
supervisor of the railroad affected, and such order shall of its | 131 |
own force take effect and become operative thirty days after | 132 |
service. | 133 |
All railroads to which such order applies shall make such | 134 |
changes in their schedules on file as are necessary to conform to | 135 |
such order, and no change shall thereafter be made by any railroad | 136 |
in any such rate, fare, or charge, or in any joint rate, without | 137 |
the approval of the commission. | 138 |
Sec. 4909.29. Certified copies of all orders, other than | 139 |
those referred to in section 4909.28 of the Revised Code, of the | 140 |
public utilities commission shall be delivered to an officer, | 141 |
division engineer, roadmaster, or | 142 |
of each railroad affected thereby, and shall take effect within | 143 |
such time thereafter as the commission prescribes. | 144 |
Sec. 4955.21. The officers having charge of a public | 145 |
highway, street, or alley intersected by a railroad shall serve a | 146 |
written notice upon the nearest
| 147 |
division engineer, roadmaster, or track supervisor having charge | 148 |
of that portion of the railroad where such intersection occurs | 149 |
that the crossing, approach, or sidewalk described in section | 150 |
4955.20 of the Revised Code must be built or repaired, setting | 151 |
forth its kind and extent and the time and manner of constructing | 152 |
it, as ordered by the legislative authority of the municipal | 153 |
corporation or board of township trustees. | 154 |
A railroad company so notified must comply with such notice | 155 |
within a period of thirty days after receiving it. On failure to | 156 |
do so, the board or legislative authority may | 157 |
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pursuant to sections 4905.04 and 4907.08 of the Revised Code. | 162 |
Sec. 4955.22. If, pursuant to section 4907.08 of the Revised | 163 |
Code, the public utilities commission determines that the company | 164 |
or person having control or management of a railroad is in | 165 |
violation of section 4955.20, 4955.21, 4955.36, or 5561.16 of the | 166 |
Revised Code, the commission may order compliance. With respect to | 167 |
a railroad's violation of section 4955.20 of the Revised Code, the | 168 |
commission's order shall require the railroad to complete the | 169 |
necessary construction, repair, or maintenance not later than | 170 |
forty-five calendar days after the date the railroad receives the | 171 |
commission's order, unless the railroad can show good cause as to | 172 |
why it cannot comply with that time period. | 173 |
Sec. 4955.36. Every railroad company shall destroy or remove | 174 |
plants, trees, brush, or other obstructive vegetation upon its | 175 |
right-of-way at each intersection with a public road or highway, | 176 |
for a distance of six hundred feet or a reasonably safe distance | 177 |
from the roadway of such public road or highway as shall be | 178 |
determined by the public utilities commission. | 179 |
When any railroad company fails to destroy or remove such | 180 |
vegetation after ten-day written notice served on its local agent, | 181 |
the | 182 |
trustees, or legislative authority of a municipal corporation, in | 183 |
which the intersection is located, having the care of such road or | 184 |
highway, | 185 |
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pursuant to sections 4905.04 and 4907.08 of the Revised Code. | 197 |
Sec. 5561.16. Any person, firm, or corporation operating a | 198 |
railroad for the transportation of passengers, freight, or | 199 |
express, crossing at grade any street or road, shall construct, | 200 |
reconstruct, improve, maintain, and repair that portion of the | 201 |
highway at such crossing and lying between the outside ends of the | 202 |
ties, and also that portion lying between the tracks, in the case | 203 |
of two or more tracks, and the cost and expense of this | 204 |
construction, reconstruction, improvement, maintenance, or repair | 205 |
shall be borne by said individual, firm, or corporation. Such | 206 |
construction, reconstruction, improvement, maintenance, or repair | 207 |
shall be done in accordance with plans, profiles, and | 208 |
specifications first approved by the director of transportation, | 209 |
in case of state highways or extensions thereof, or by the county | 210 |
engineer, in case of county and township roads or extensions | 211 |
thereof. | 212 |
Such individual, firm, or corporation, upon being notified by | 213 |
the director, in case of state highways or extensions thereof, or | 214 |
the engineer, in case of county or township roads or extensions | 215 |
thereof, that | 216 |
is necessary that such individual, firm, or corporation make such | 217 |
improvement, and being informed of the character thereof in a | 218 |
general way, shall, within thirty days from receiving such notice, | 219 |
which shall be served by the sheriff in the same manner as summons | 220 |
in civil action, prepare and submit to the director or engineer | 221 |
for | 222 |
improvement. The director or engineer may approve such plans and | 223 |
specifications as submitted, or | 224 |
change such plans and specifications and approve them as changed. | 225 |
Within thirty days after the approval of such plans by the | 226 |
director or engineer, such individual, firm, or corporation shall | 227 |
proceed to make such improvement, in accordance with the plans and | 228 |
specifications approved, and complete it in a reasonable time. | 229 |
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is improved where a street, interurban, or other railroad or | 258 |
railway lies within the improved portion of the roadway, | 259 |
individual, firm, or corporation operating the railroad shall | 260 |
change the railroad or railway grade | 261 |
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provided for in the grant or franchise by virtue of which such | 263 |
railroad or railway operates on or occupies said highway. Costs of | 264 |
such change shall be paid by the | 265 |
corporation under the law or by the terms of its franchise or | 266 |
grant | 267 |
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The director, engineer, or other proper authority may file a | 275 |
complaint with the public utilities commission pursuant to | 276 |
sections 4905.04 and 4907.08 of the Revised Code for any failure | 277 |
to comply with this section. | 278 |
Section 2. That existing sections 4905.54, 4905.57, 4907.23, | 279 |
4907.472, 4909.28, 4909.29, 4955.21, 4955.36, and 5561.16 and | 280 |
section 4955.22 of the Revised Code are hereby repealed. | 281 |