To amend sections 4905.54, 4905.57, 4907.23, 4909.28, 4909.29, 4955.21, 4955.36, and 5561.16; to enact new section 4955.22; and to repeal section 4955.22 of the Revised Code 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.

Section 1. That sections 4905.54, 4905.57, 4907.23, 4909.28, 4909.29, 4955.21, 4955.36, and 5561.16 be amended and new section 4955.22 of the Revised Code be enacted to read as follows:

Sec. 4905.54. (A) Every public utility or railroad and every officer of a public utility or railroad shall comply with every order, direction, and requirement of the public utilities commission made under authority of this chapter and Chapters 4901., 4903., 4907., 4909., 4921., and 4923. of the Revised Code, so long as they remain in force. Except as otherwise specifically provided in sections 4905.83, 4905.95, 4919.99, 4921.99, and 4923.99 of the Revised Code, the public utilities commission may assess a forfeiture of not more than ten thousand dollars for each violation or failure against a public utility or railroad that violates does any of the following:

(1) Violates a provision of those chapters or that after due notice fails;

(2) Violates section 4955.20, 4955.21, 4955.36, or 5561.16 of the Revised Code;

(3) Fails to comply, after due notice, with an order, direction, or requirement of the commission that was officially promulgated. Each day's continuance of the violation or failure is a separate offense. All

(B) All forfeitures collected under this section shall be credited to the general revenue fund, except that, of each forfeiture collected for violating sections 4955.20, 4955.21, 4955.36, and 5561.16 of the Revised Code, half shall be credited to the general revenue fund and the other half shall be credited to the general fund of the municipal corporation, township, or county most directly affected by the violation. However, the entire forfeiture shall be credited to the general revenue fund in the case of a violation of section 5561.16 of the Revised Code related to a state highway or extension thereof.

Sec. 4905.57.  Except as otherwise specifically provided in sections 4905.83, 4905.96, 4919.99, 4921.99, and 4923.99 of the Revised Code, actions to recover forfeitures provided for in this chapter and Chapters 4901., 4903., 4907., 4909., 4921., and 4923. of the Revised Code shall be prosecuted in the name of the state and may be brought in the court of common pleas of any county in which the public utility or railroad is located. Such actions shall be commenced and prosecuted by the attorney general when he is directed to do so by upon the request of the public utilities commission. Moneys recovered by such actions shall be deposited in the state treasury to the credit of the general revenue fund, except that, of the moneys recovered for violating sections 4955.20, 4955.21, 4955.36, and 5561.16 of the Revised Code, half shall be credited to the general revenue fund in the state treasury and the other half shall be credited to the general fund of the municipal corporation, township, or county most directly affected by the violation. However, all moneys recovered by an action under this section shall be deposited to the credit of the general revenue fund in the case of a violation of section 5561.16 of the Revised Code related to a state highway or extension thereof.

Sec. 4907.23.  Whenever an accident attended with loss of human life occurs within this state upon the line of any railroad, or on the depot grounds or yards of any railroad, such railroad shall give immediate notice of such accident to the public utilities commission.

In case of such accident, the commission, if it deems the public interest requires it, shall cause an investigation to be made forthwith, which shall be held in the locality of the accident, unless for greater convenience of those concerned, the commission orders such investigation held at some other place. Such investigation may be adjourned from place to place as is necessary and convenient. The commission shall give reasonable notice to an officer, division engineer, roadmaster, or station agent track supervisor of the company of the time and place of the investigation.

The cost of such investigation shall be certified by the chairman chairperson of the commission, and audited and paid by the state as other expenses. The commission shall keep a record or file of the proceedings and evidence.

Sec. 4909.28.  If, upon an investigation under Chapters 4901., 4903., 4905., 4907., 4909., 4921., and 4923., and 4925. of the Revised Code, the public utilities commission finds that any existing rate, fare, charge, or classification, any joint rate, or any regulation or practice affecting the transportation of persons or property, or 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 place of that so found to be unreasonable, unjustly discriminatory, or inadequate. A certified copy of each such order shall be delivered to an officer, division engineer, roadmaster, or station agent track supervisor of the railroad affected, and such order shall of its own force take effect and become operative thirty days after service.

All railroads to which such order applies shall make such changes in their schedules on file as are necessary to conform to such order, and no change shall thereafter be made by any railroad in any such rate, fare, or charge, or in any joint rate, without the approval of the commission.

Sec. 4909.29.  Certified copies of all orders, other than those referred to in section 4909.28 of the Revised Code, of the public utilities commission shall be delivered to an officer, division engineer, roadmaster, or station agent track supervisor of each railroad affected thereby, and shall take effect within such time thereafter as the commission prescribes.

Sec. 4955.21.  The officers having charge of a public highway, street, or alley intersected by a railroad shall serve a written notice upon the nearest station agent or section foreman division engineer, roadmaster, or track supervisor having charge of that portion of the railroad where such intersection occurs that the crossing, approach, or sidewalk described in section 4955.20 of the Revised Code must be built or repaired, setting forth its kind and extent and the time and manner of constructing it, as ordered by the legislative authority of the municipal corporation or board of township trustees.

A railroad company so notified must comply with such notice within a period of thirty days after receiving it. On failure to do so, the board or legislative authority may cause such crossing, approach, or sidewalk to be constructed or repaired as ordered, and recover the cost of so doing with interest in a civil action against the railroad company in the name of the board or municipal corporation file a complaint with the public utilities commission pursuant to sections 4905.04 and 4907.08 of the Revised Code.

Sec. 4955.22. If, pursuant to section 4907.08 of the Revised Code, the public utilities commission determines that the company or person having control or management of a railroad is in violation of section 4955.20, 4955.21, 4955.36, or 5561.16 of the Revised Code, the commission may order compliance.

Sec. 4955.36.  Every railroad company shall destroy or remove plants, trees, brush, or other obstructive vegetation upon its right-of-way at each intersection with a public road or highway, for a distance of six hundred feet or a reasonably safe distance from the roadway of such public road or highway as shall be determined by the public utilities commission.

When any railroad company fails to destroy or remove such vegetation after ten-day written notice served on its local agent, the commission, board of county commissioners, board of township trustees, or legislative authority of a municipal corporation, in which the intersection is located, having the care of such road or highway, shall remove such plants, trees, brush, or other obstructive vegetation and shall recover the cost of removal from the responsible railroad company. If the company fails to pay the amount demanded within thirty days, after such company has been notified by certified mail at the address to which tax bills are sent, the commission, board of county commissioners, board of township trustees, or legislative authority of a municipal corporation shall certify the amount demanded to the county auditor of the county in which the work was performed to be collected as other taxes and assessments and upon collection shall be credited to the general fund of the public body causing said work to be performed may file a complaint with the commission pursuant to sections 4905.04 and 4907.08 of the Revised Code.

Sec. 5561.16.  Any person, firm, or corporation operating a railroad for the transportation of passengers, freight, or express, crossing at grade any street or road, shall construct, reconstruct, improve, maintain, and repair that portion of the highway at such crossing and lying between the outside ends of the ties, and also that portion lying between the tracks, in the case of two or more tracks, and the cost and expense of this construction, reconstruction, improvement, maintenance, or repair shall be borne by said individual, firm, or corporation. Such construction, reconstruction, improvement, maintenance, or repair shall be done in accordance with plans, profiles, and specifications first approved by the director of transportation, in case of state highways or extensions thereof, or by the county engineer, in case of county and township roads or extensions thereof.

Such individual, firm, or corporation, upon being notified by the director, in case of state highways or extensions thereof, or the engineer, in case of county or township roads or extensions thereof, that he the director or engineer has determined that it is necessary that such individual, firm, or corporation make such improvement, and being informed of the character thereof in a general way, shall, within thirty days from receiving such notice, which shall be served by the sheriff in the same manner as summons in civil action, prepare and submit to the director or engineer for his approval, detailed plans and specifications covering such improvement. The director or engineer may approve such plans and specifications as submitted, or he the director or engineer may change such plans and specifications and approve them as changed. Within thirty days after the approval of such plans by the director or engineer, such individual, firm, or corporation shall proceed to make such improvement, in accordance with the plans and specifications approved, and complete it in a reasonable time.

If such individual, firm, or corporation does not, within the time limited, prepare and submit for approval such plans and specifications, or proceed to make such improvement, or, having proceeded to make such improvement within the time limited, fail to complete the same within a reasonable time, or proceed to make such improvement not in accordance with the plans and specifications so approved, the director or engineer may enter upon and make such improvement in accordance with the plans and specifications so approved, or if plans and specifications have not been submitted and approved, then in accordance with plans and specifications prepared by the director or engineer.

The costs of making such improvement, including engineering and inspection, by the director or engineer, shall, in the first instance, be paid by the director or county out of any appropriation of the department of transportation or county available for the construction, reconstruction, improvement, maintenance, or repair of highways.

Upon the completion of such improvement, the director or engineer shall certify the amount of the costs, including engineering and inspection of such improvement, to the attorney general or prosecuting attorney, for collection by civil action. The director or engineer, in such certificate to the attorney general or prosecuting attorney, may set out the amount of the payments and the time of making the various payments as set out, as deemed reasonable by the director or engineer.

The prosecuting attorney or attorney general shall proceed to collect such costs and expenses, in accordance with the certificate of the director or engineer. Whenever a road or street is improved where a street, interurban, or other railroad or railway lies within the improved portion of the roadway, such the individual, firm, or corporation operating the railroad shall change the railroad or railway grade shall, in all respects, be changed to meet the approval of the engineer, unless otherwise provided for in the grant or franchise by virtue of which such railroad or railway operates on or occupies said highway. Costs of such change shall be paid by the company, individual, firm, or corporation under the law or by the terms of its franchise or grant, shall be a lien upon the property of such company, and the proper authorities may provide for the payment of the amount chargeable against said company, under the law or by the terms of its franchise or grant, in installments as in the case of other property owners. Such installments shall bear interest as in other cases, and the board of county commissioners or other authorities may issue bonds in anticipation of the collection of such installments.

The director, engineer, or other proper authority may file a complaint with the public utilities commission pursuant to sections 4905.04 and 4907.08 of the Revised Code for any failure to comply with this section.

Section 2. That existing sections 4905.54, 4905.57, 4907.23, 4909.28, 4909.29, 4955.21, 4955.36, and 5561.16 and section 4955.22 of the Revised Code are hereby repealed.