1997 Wisconsin Act 254

192.35 (1) Any person who does any of the following shall wilfully take forfeit not less than$10 nor more than $50 and, in addition, be liable to the party injured for all damages resulting from the act or omission:

(a) Wilfully takes down, open or remove opens or removes any railroad fence, cattle guard or crossing or any portion thereof, or allow the same, in whole or in part.

(b) Allows a railroad fence, cattle guard or crossing to be taken down, opened or removed, or who, having .

(c) Having lawfully taken down bars or opened gates in such fences a railroad fence for the purpose of passing through the same, shall fence, does not immediately replace the bars or close the same gate, shall forfeit not less than ten nor more than fifty dollars, and in addition be liable to the party injured for all damages resulting from such act or omission; and any.

(2) Any person who shall ride, lead without the consent of the party owning or having control of the road rides, leads or drive drives any horse or other animal upon such a fenced road railroad right-of-way, or who shall ride, lead rides, leads or drive drives any horse or team lengthwise of an unfenced railroad track (, other than at the farm crossings or upon depot grounds or where the same track is laid along or across a public road highway or street), without the consent of the party owning or having control of such road shall, for every such offense each occurrence, forfeit not exceeding ten dollars, to such more than $10, to the party owning or having control of the railroad right-of-way, and shall also pay all damages which that shall be sustained by the party aggrieved party.

Note: Simplifies title, subdivides provision, replaces word form of numbers with digits, modernizes penalty provision, inserts “highway" consistent with s. 990.01 (12), and clarifies references.

254,78 Section 78 . 192.36 of the statutes is renumbered 192.36 (1) and amended to read:

192.36 (1) Whenever a railroad corporation shall fail fails to build or repair any fence, which the law requires it to erect, the owner or occupant of the land adjoining may, between the first day of April 1 and the first day of October 1, give notice in writing to such the railroad corporation to build, the fence within sixty 60 days, or repair the fence within thirty 30 days, such fence, after the service of such the notice. Such

(2) The notice under sub. (1) shall describe the land on which such the fence is required to be built or repaired, and service thereof. Service of the notice may be made by delivering the same notice to any station agent of said the railroad corporation.

(3) In case the railroad corporation shall fail fails to build or repair the fence within the required time aforesaid, then such, the owner or occupant of the adjoining land may build or repair the same; fence and may recover from such the railroad corporation the cost thereof of building or repairing with interest at one per cent the rate of 1% per month from the time such that the fence shall have been built or repaired.

Note: Subdivides provision, replaces word form of numbers with digits, adds specific references and replaces and deletes text for greater readability and conformity with current style.

254,79 Section 79 . 192.37 (1) of the statutes is amended to read:

192.37 (1) Whenever any corporation shall operate operates a railroad through enclosed lands and shall fail fails to construct the fences, farm crossings or cattle guards required by law, proper for the use of such the enclosed lands, the owner or occupant thereof of the lands may give notice in writing signed by the owner or occupant to such to the railroad corporation, to be served as a circuit court summons is served, to fence its road through the owner's or occupant's enclosed lands, describing the same, and of its failure to construct the necessary fences, farm crossings and cattle guards thereon on the owner's or occupant's enclosed lands.

(3) If such company a railroad corporation, after being so notified, neglect under this section, neglects for three 3 months to construct such the necessary fences, farm crossings and cattle guards on the lands described in the notice, it shall be liable to pay to such the owner or occupant ten dollars of the described lands $10 for each day after the expiration of said three the 3 months until so the necessary fences, farm crossings and cattle guards are constructed. But no No time between the first day of November 1 and the first day of April succeeding 1 shall be included in the three months aforesaid calculation of the 3-month period under this subsection.

Note: Subdivides provision, replaces word form of numbers with digits, adds specific references and replaces and reorders text for greater readability and conformity with current style. See also the next section of this bill.

254,80 Section 80 . 192.37 (2) of the statutes is created to read:

192.37 (2) The notice under sub. (1) shall meet all of the following requirements:

(a) It shall be in writing, signed by the owner or occupant of the enclosed lands.

(b) It shall contain a description of the owner's or occupant's enclosed lands.

(c) It shall be served in the manner provided for the service of summons in the circuit court.

Note: Moves related subject matter contained in the former first sentence of s. 192.37 (1) into a new subsection to improve readability. See the previous section of this bill

254,81 Section 81 . 192.53 (1) of the statutes is amended to read:

192.53 (1) After July 1, 1931, no Except as otherwise provided in this section, no building or loading platform shall be constructed or nor shall any addition to or reconstruction of a then an existing building or loading platform, not including excluding ordinary repairs necessary for maintenance, shall be made which that shall have a horizontal clearance of less than eight 8 feet six 6 inches between it and the center line of any railroad track. The same clearance shall be maintained between such the center line of the railroad track and any material used in and about the construction of any such building or loading platform.

Note: Deletes obsolete transition provision, replaces word form of numbers with digits and clarifies references.

254,82 Section 82 . 192.53 (2) (a) to (d) of the statutes are amended to read:

192.53 (2) (a) Such a A platform which that is not higher than four 4 inches above the top of the rail shall be not less than four 4 feet six 6 inches from the center line of the adjacent track;.

(b) Such a A platform which that is more than four 4 inches but not higher than eight 8 inches above the top of the rail shall be not less than five 5 feet one inch from the center line of the adjacent track;.

(c) Such a A platform which that is more than eight 8 inches but not higher than one foot nine 9 inches above the top of the rail shall be not less than six 6 feet from the center line of the adjacent track;.

(d) Such a A platform which that is higher than one foot nine 9 inches above the top of the rail of a main track shall be not less than eight 8 feet from the center line thereof of the main track.

Note: Replaces “may" with “shall" for internal consistency between the (intro.) and the following paragraphs, replaces word form of numbers with digits and deletes unnecessary language.

254,83 Section 83 . 192.53 (3) of the statutes is renumbered 192.53 (3) (a) and amended to read:

192.53 (3) (a) High Notwithstanding par. (b), high platforms in existence on July 1, 1949 for handling baggage, mail, express and freight to and from cars on other than main tracks, where an unobstructed working space at ground level is maintained on the opposite side of the track from such the platform, may be maintained with which have a face or edge at least 5 feet 8 inches from the center line of such track, but after July 1, 1949, no such which were in existence on July 1, 1949, may be maintained.

(b) No platform shall of the type described in par. (a) may be constructed which provides a clearance of less than 6 feet 4 inches between the face or edge thereof and the center line of any such track. No such platform shall be constructed or which is more than 5 feet above top of rail level.

Note: Subdivides provision and reorders and modernizes language for for improved readability and conformity with current style.

254,84 Section 84 . 192.53 (4) of the statutes is renumbered 192.53 (4) (a) amended to read:

192.53 (4) (a) Upon finding that any such structure that is subject to the provisions of this section will not imperil life or limb, and that the public interest requires or permits such the structure to be constructed or reconstructed otherwise than as permitted by the foregoing provisions of this section, the office may exempt such the structure from such provision. Such the provisions of this section.

(b) The office shall make the findings shall be made described in par. (a) only upon written application to it to exempt the construction or reconstruction of a structure from the requirements of this section, setting forth fully the grounds therefor, and shall be made only after public hearing, and the. The office's findings and order granting the exemption shall be in writing and shall contain complete provisions and requirements as to the horizontal clearance to be maintained in such the construction or reconstruction. Such The structure shall be constructed or reconstructed only in compliance with such the office's order.

Note: Subdivides provision and adds inserts specific references for improved readability and conformity with current style.

254,85 Section 85 . 192.53 (5) of the statutes is renumbered 192.53 (5) (a) (intro.) amended to read:

192.53 (5) (a) (intro.) Except as hereinbefore otherwise provided in this section and subject to the power of the office to make exceptions hereto to this section in a manner similar to the power given it in sub. (4), no railroad or shipper shall after May 28, 1943, place may do any of the following:

1. Place or construct, within 8 feet 6 inches of the center line of any railroad track, any retaining walls, fences, signs, stand pipes, conveyors, or any other like obstruction, except railroad bridges, switch stands, mail cranes, coal, ice and water stations, intertrack fences and signals and other necessary interlocking mechanisms, or permit

2. Permit,within 8 feet 6 inches of the center line of any railroad track, the accumulation of any rubbish, waste or material of any sort, except material used for repair or construction work by such the railroad company.

(b) The intent of this subsection is to afford proper clearance between railroad cars and obstructions and to promote the safety of railroad employes in switching cars.

Note: Deletes obsolete transition provision and subdivides provision and adds inserts specific references for improved readability and conformity with current style.

254,86 Section 86 . 194.01 (5) of the statutes is amended to read:

194.01 (5) The term “gross “ Gross weight", when applied to a motor vehicle used for the transportation of passengers, shall mean the actual weight of such the motor vehicle unloaded plus one hundred and fifty 150 pounds for each person capable of being seated in such the motor vehicle.

254,87 Section 87 . 195.13 of the statutes is amended to read:

195.13 Rebates and concessions, unlawful to accept. It shall be unlawful for any person, firm or corporation knowingly to accept or receive any rebate, concession or discrimination in respect to transportation of property wholly within this state, or for any service in connection therewith, whereby any such property shall, by any device whatsoever, be transported at a less rate than that named in the tariffs in force, or whereby any service or advantage is received other than is therein specified. Any person, firm or corporation violating the provisions of this section shall be fined not less than fifty dollars $50 nor more than one thousand dollars $1,000 for each offense.

254,88 Section 88 . 195.14 (2) of the statutes is renumbered 195.14 (2) (a) and amended to read:

195.14 (2) (a) Railroads may give free transportation free or at reduced rates therefor to any minister of the gospel, officers or agent of incorporated colleges, inmates of soldiers' homes, regular agents of charitable societies when traveling upon the business of the society only, destitute and homeless persons, railroad officers, attorneys, physicians, directors, employes or members of their families, or to former railroad employes or members of their families where such the employes have become disabled in the railway service, or are unable from physical disqualification to continue in the service, or to members of families of deceased railroad employes; and,

(b) Railroads may exchange passes with officers, attorneys, physicians or employes of other railroads and members of their families; but no. No person holding any public office or position under the laws of this state shall be given free transportation free or at reduced rates that are not open to the public, except that notaries public and regular employes of a railroad or other public utility who are candidates for or hold public office for which the annual compensation is not more than three hundred dollars $300 to whom no passes or privileges are extended beyond those which that are extended to other regular employes of such corporations may be granted free transportation free or at reduced rates for the transmission of any message or communication.

Note: Breaks up long sentence and replaces word form of number with digits.

254,89 Section 89 . 195.25 (2) of the statutes is amended to read:

195.25 (2) Any such railroad company violating this section shall forfeit not less than twenty-five dollars $25 nor more than one hundred dollars, and any $100. Any person who shall remove or destroy or cause the removal or destruction of such articles the medical supplies required under sub. (1) after the railroad company has supplied them shall be subject to the same penalty.

Note: Replaces word form of number with digits and inserts specific cross-reference.

254,90 Section 90 . 195.286 (6) of the statutes is amended to read:

195.286 (6) (title) Penalties relating to fences. Any person who removes, throws down, injures or defaces any sign required by this section shall, upon conviction, be fined not to exceed twenty-five dollars more than $25.

Note: Replaces word form of number with digits.

254,91 Section 91 . 195.286 (7) of the statutes is amended to read:

195.286 (7) (title) Penalties generally. Any person or corporation upon conviction for the violation of any of the provisions of this section, except sub. (6), shall be fined not less than ten dollars $10 nor more than fifty dollars $50 for each violation.

Note: Replaces word form of number with digits.

254,92 Section 92 . 195.37 (4) of the statutes is renumbered 195.37 (4) (a) and amended to read:

195.37 (4) (a) For recovery of In this subsection, “straight overcharges which mean charges overcharge" means a charge in excess of those applicable under the lawful tariffs on file with the office,.

(b) For recovery of a straight overcharge, neither this section nor s. 195.38 shall be deemed considered exclusive remedies. Complaints for the same recovery of a straight overcharge may be filed or actions begun within 3 years from the delivery of the shipment of property at destination, and not after, except that if a claim for the overcharge has been presented in writing to the carrier within the 3-year period, said the period shall be extended to include 6 months from the time that notice in writing is given by the carrier to the claimant of disallowance of the claim or any part thereof of the claim.

Note: Places definition in a separate paragraph and replaces language for greater readability and conformity with current style.

254,93 Section 93 . 195.37 (5) of the statutes is amended to read:

195.37 (5) Actions by carriers, limitation. Actions by carriers for the recovery of charges for the transportation of property between points in Wisconsin, or for any service in connection therewith, or for the storage of such property, or for any car service or demurrage charge, or any part thereof, shall be begun within three 3 years after the delivery of the shipment of property at destination with respect to which such the charge is made and not after.

Note: Replaces word form of number with digits.

254,94 Section 94 . 195.37 (6) of the statutes is amended to read:

195.37 (6) Limitation action, extended by carrier. If, on or before the expiration of said two-year the 2-year period of limitation under sub. (3) or of said three-year the 3-year period of limitation under sub. (4), a carrier shall begin commences an action for the recovery of charges in respect to the same transportation service, or without bringing action shall collect collects charges in respect of that service, said the periods of limitation under subs. (3) and (4) shall be extended to include ninety 90 days from the time such that the carrier's action is begun commenced or such the charges are collected by the carrier.

Note: Replaces word form of number with digits, inserts specific cross-references and replaces other language.

254,95 Section 95 . 196.16 (3) of the statutes is amended to read:

196.16 (3) This section does not limit any power of a municipal council governing body under s. 196.58.

Note: Replaces obsolete term with current terminology.

254,96 Section 96 . 196.85 (4) (d) of the statutes is amended to read:

196.85 (4) (d) If any bill against which objections have been filed shall is not be paid within ten 10 days after notice of a finding that such the objections have been overruled and disallowed by the commission has been mailed to the objector as herein provided in this subsection, the commission shall give notice of such the delinquency to the state treasurer and to the objector, in the manner provided in sub. (3). The state treasurer shall then proceed to collect the amount of said the delinquent bill as provided in sub. (3). If an amended bill is not paid within ten 10 days after a copy thereof of the amended bill is mailed to the objector by registered mail, the commission shall notify the state treasurer and the objector as in the case of delinquency in the payment of an original bill. The state treasurer shall then proceed to collect the amount of said the amended bill as provided in the case of an original bill.

254,97 Section 97 . 197.01 (4) of the statutes is renumbered 197.01 (4) (a) and amended to read:

197.01 (4) (a) Any municipality having that owns, or has secured a declaration of convenience and necessity to own, operate, manage or control, any plant or equipment for the production, transmission, delivery or furnishing of heat, light, water or power, or owning any such plant, may contract with any public utility lawfully engaged as such a public utility for a division of any of the foregoing service services in said the municipality, for a period not exceeding ten 10 years, with. The contract shall contain mutual covenants restricting and obligating operations by each party to service within the respective fields of division so contracted for, and within such fields the . The commission shall have the right to regulate the charges for, and quality of, service, notwithstanding anything provided in such the contract.

(b) Nothing in this section shall prevent the commission from terminating such a contract authorized under par. (a) and granting a certificate of convenience and necessity for a third 3rd or other utility, if in its the commission's judgment the public interest requires it.

Note: Subdivides provision, breaks up long sentence, replaces word form of number with digits, inserts specific cross-references and replaces other language.

254,98 Section 98 . 197.02 of the statutes is amended to read:

197.02 Action by municipalities to acquire utility. If the a municipality shall have has determined to acquire a plant operated under an indeterminate permit provided in s. 196.54 (2), by a vote of a majority of the electors, such the municipality shall bring an action in the circuit court against the public utility for an adjudication as to the necessity of such the taking by the municipality. Unless the parties waive a jury, the question as to the necessity of the taking of such the property by the municipality shall be submitted to a jury.

Note: Replaces language for greater readability and conformity with current style.

254,99 Section 99 . 197.03 of the statutes is amended to read:

197.03 Indeterminate permit; notice. If the a municipality shall have has determined to acquire an existing plant in the manner provided in s. 197.02, and the public utility owning such the plant shall have has consented to the taking over of such the plant by the municipality by acceptance of an indeterminate permit as provided herein in s. 196.54 (4), or, in case such the public utility shall has not have waived or consented to such the taking, if the a jury shall have acting under s. 197.02 has found that a necessity exists for the taking of such the plant, then the municipality shall give speedy notice to the public utility and to the commission of such the municipality's determination and of such the utility's consent or such the jury's finding to the public utility and to the commission.

Note: Inserts specific cross-references and replaces and reorders language for greater readability and conformity with current style.

254,100 Section 100 . 197.04 (1) of the statutes is renumbered 197.04 (1) (a) and amended to read:

197.04 (1) (a) Any municipality having determined to acquire an existing plant or any part of the equipment of a public utility may discontinue all proceedings to that end at any time within 90 days after the final determination of compensation by the commission, by a vote of the electors of the municipality as herein provided in pars. (b) and (c), or by a resolution to that effect by its municipal council, provided that such governing body. Except as provided in par. (c), the resolution shall not be of force and effect until become effective 90 days after its passage and publication.

(b) If within either of said the 90-day periods described in par. (a) a petition conforming to the requirements of s. 8.40 shall be is filed with the clerk of such the municipality, in a city of the first class and the petition has been signed by 5% and in all other municipalities of the electors of a 1st class city or by 10% of the electors thereof, of all other municipalities requesting that the question of discontinuing said the proceeding to acquire such the plant or equipment of the public utility be submitted to the electors, such of the municipality, the applicable question under par. (c) shall be submitted to the said electors at any general or regular municipal election that may be held not less than 30, and not more than 35, days from the date of the filing of the petition; and if. If no general election or regular municipal election is to be held within the stated periods, then the governing body of the municipality shall order the holding of a special election for the purpose of submitting the question to the electors in case the.