Note: Replaces word form of numbers with digits and inserts specific references.
AB971, s. 45
4Section
45. 188.01 of the statutes is amended to read:
AB971,28,17
5188.01 (title)
May elect Election of trustees. The members of any grand
6lodge or division or of any subordinate lodge or division acting under the authority
7of any grand lodge or division of Free Masons, Odd Fellows, Hermann's Sons, or Sons
8of Temperance, Grand Army of the Republic, or of the State Grange, or any
9subordinate grange of the order of Patrons of Husbandry acting under the authority
10of a state or national grange, or of the State Woman's Christian Temperance Union,
11or any county, district or local Woman's Christian Temperance Union, or of any other
12society constituted in a manner generally similar to either of the foregoing, whether
13acting under the jurisdiction of a grand lodge or division or not, may assemble at their
14usual place of meeting and, in pursuance of the rules of their society, elect not less
15than
three 3 nor more than
nine 9 of their number trustees to take care of the
16property, real and personal, belonging
thereto to the society and transact all the
17business relative to the investment and disposal
thereof of the society's property.
Note: Replaces word form of numbers with digits and inserts specific references.
AB971, s. 46
18Section
46. 188.02 of the statutes is renumbered 188.02 (intro.) and amended
19to read:
AB971,28,21
20188.02 Powers of trustees. (intro.)
Such The trustees
may of a society that
21is subject to this chapter:
AB971,28,23
22(1) May have a common seal
and alter the same that may be altered at
the
23trustee's pleasure
, and for all purposes for which they are authorized to act shall.
AB971,29,2
1(2) Shall be
deemed considered a corporation
, and in
for all purposes for which
2they are authorized to act.
AB971,29,9
3(3) In pursuance of the rules and regulations of
such the society and in
4conformity with the rules and regulations of the grand lodge, division or society from
5which they derive their charter
, may take possession of, manage, control, purchase,
6lease, receive, recover, hold, sell, convey, mortgage, demise and improve all
of the
7property thereof or necessary therefor, real and personal, including all burial places
8belonging
thereto, to the society, and may erect and keep in repair all buildings
9necessary therefor
, and may.
AB971,29,13
10(4) May sue and be sued in all matters pertaining to
such the property and the
11debts, claims, demands and liabilities
thereof of the society, and the name in which
12they shall sue or be sued shall be
, "The trustees of ....
" (
insert name
of the grand lodge,
13lodge, division, grange or society of which they are trustees)
".
Note: Subdivides provision and inserts specific references.
AB971, s. 47
14Section
47. 188.03 of the statutes is amended to read:
AB971,29,20
15188.03 In whom property to vest. All
of the real and personal property that
16shall have been conveyed by devise, gift, grant, purchase or otherwise to any
such 17society
that is subject to this chapter or to any person as trustee for the use
thereof 18of the society shall vest in
such
the society's trustees and their successors in office
19as fully as if originally conveyed to them, and shall be held by them and by their
20successors in trust for
such the society in the manner aforesaid.
Note: Inserts specific references.
AB971, s. 48
21Section
48. 188.04 of the statutes is renumbered 188.04 (1) and amended to
22read:
AB971,30,5
1188.04
(1) Such The trustees
of a society that is subject to this chapter shall
2be elected annually at
such the time and place and in
such the manner
as shall be 3prescribed by the rules or bylaws of
such the society
, and they. The trustees shall
4severally hold their offices for one year and until their successors are elected
; but any
5such.
AB971,30,11
6(2) Any society, at the first or any subsequent election, may classify
such its 7trustees so that the term of office
of for one-third of them shall expire each year
; and
8when. When so classified
, the term of office of the trustees thereafter elected shall
9be
three 3 years and until their successors are elected. Any
such trustee may be
10removed in accordance with the rules or bylaws of
such
the society, and all vacancies
11may be filled for the residue of the term.
AB971,30,14
12(3) Any
two of such 2 trustees may call a meeting
thereof of the society, and a
13majority of them being convened may transact any business authorized to be done
14by them.
AB971,30,18
15(4) Whenever any subordinate grange of the Patrons of Husbandry shall from
16any cause cease to exist
, the trustees then in office shall immediately sell the
17property
thereof of the grange and divide the proceeds proportionally among its
18members.
Note: Subdivides provision, replaces word form of numbers with digits and adds
specific references.
AB971, s. 49
19Section
49. 188.05 of the statutes is amended to read:
AB971,31,3
20188.05 Council of granges. Any members of subordinate granges of the
21Patrons of Husbandry, not less than
five 5, located in any county or in adjoining
22counties may unite and be known and designated by some especial name as a council
23of granges of the Patrons of Husbandry, and may, as such, elect trustees as provided
1in this chapter
, who. The trustees shall have all
of the powers and privileges in
2respect to the property of
such the council of granges
which that are
conferred by this
3chapter
conferred upon the trustees of a subordinate grange.
Note: Replaces word form of numbers with digits and other language for greater
readability and conformity with current style.
AB971, s. 50
4Section
50. 190.01 (1) (intro.) of the statutes is amended to read:
AB971,31,75
190.01
(1) (intro.) Any number of persons, not less than
five 5, may form a
6corporation for the purpose of constructing, maintaining and operating a railroad for
7public use by making articles of organization in which shall be stated:
Note: Replaces word form of numbers with digits.
AB971, s. 51
8Section
51. 190.01 (1) (e) of the statutes is amended to read:
AB971,31,119
190.01
(1) (e) The names and residences of the directors of the corporation who
10shall manage its affairs for the first year and until others are chosen in their places,
11and who shall not be less than
five; and each such person 5.
AB971,31,18
12(1m) Each director shall subscribe
thereto the person's his or her name, place
13of residence and the number of shares of stock the person agrees to take in
such the 14corporation
. There to the articles of organization. An affidavit of at least 3 of the
15named directors shall be annexed to
such the articles
an affidavit of at least three
16of the directors therein named certifying that the signatures
thereto are genuine and
17that it is intended in good faith to construct or maintain and operate the railroad
18therein mentioned
in the articles of organization.
Note: Subdivides provision, replaces word form of numbers with digits adds
specific references, reorders text for greater readability and conformity with current
style.
AB971, s. 52
19Section
52. 190.015 of the statutes is renumbered 190.015 (1) and amended to
20read:
AB971,32,4
1190.015
(1) The stock, property, affairs and business of every
such railroad
2corporation shall be managed by directors who shall be chosen by the stockholders
3from among their number, at
such the time and place
as shall be provided by the
4articles of organization or the bylaws
, and shall.
AB971,32,12
5(2) The trustees shall hold
office for the term provided
therein by the articles
6or bylaws and until their respective successors are chosen. The directors may be
7divided into
three 3 classes, each of which shall be composed, as nearly as may be
8possible, of one-third of the directors
; the. The term of office of the first class
to shall 9expire in one year,
of the
second
2nd in
two 2 years, and
of the
third 3rd in
three 3 10years. At each annual election thereafter
, a number of directors shall be elected for
11three 3 years equal to the number whose term of office shall then expire
; all. All other
12vacancies
to shall be filled in accordance with the bylaws.
AB971,32,17
13(3) The directors shall choose one of their number president and such other
14officers as the corporate articles and bylaws require, for
such the term
as shall be 15prescribed
thereby; and by the articles or bylaws. The directors may fill any vacancy
16in their board, happening after any regular annual election, until the next
17succeeding election.
Note: Subdivides provision, replaces word form of numbers with digits and adds
specific references for greater readability and conformity with current style.
AB971, s. 53
18Section
53. 190.02 (9) (a) of the statutes is renumbered 190.02 (9).
Note: The remaining paragraphs under s. 190.02 (9) are renumbered to be s.
190.025 (1) and (2) by the next 2 sections of this bill.
AB971, s. 54
19Section
54. 190.02 (9) (b) of the statutes is renumbered 190.025 (1) and
20amended to read:
AB971,33,921
190.025
(1) (title)
Railroad property acquired under mortgage or trust deed. 22In case of
a sale
of any interest in railroad property by virtue of any
such trust deed
1or mortgage
under s. 190.02 (9), the purchasers and their associates, successors and
2assigns shall
thereafter have, exercise and enjoy all rights, privileges, grants,
3franchises, immunities and advantages mentioned in
such instruments the trust
4deed or mortgage which were possessed by
such
the corporation
that executed that
5instrument, so far as
the same those rights, privileges, grants, franchises,
6immunities and advantages relate or appertain to that portion or line of road
7purchased at
such that sale, as fully and absolutely in all respects as
such the 8corporation
that executed that instrument might have done if
such the sale had not
9taken place.
Note: Section 190.02 (intro.) indicates that that section grants the included powers
to all railroad corporations. This provision is renumbered out of s. 190.02 because it does
not apply to all railroad corporations. Specific references are added for greater
readability and conformity with current style. See also the creation of s. 190.025 (title).
AB971, s. 55
10Section
55. 190.02 (9) (c) of the statutes is renumbered 190.025 (2) (a) (intro.)
11and amended to read:
AB971,33,1212
190.025
(2) (a) (intro.)
Any This subsection applies to any of the following:
AB971,33,15
131. A railroad corporation organized to and which shall acquire, directly or by
14mesne conveyances, the property of another railroad corporation sold in judicial
15proceedings
, or any.
AB971,33,19
162. A railroad corporation reorganized under the federal bankruptcy act which
17corporation, under a plan of reorganization as confirmed by the act, shall have been
18authorized to put into effect and carry out
said
the plan
of reorganization, or
any a 19new railroad corporation which shall be organized for the like purpose
,.
AB971,34,12
20(b) A railroad corporation that is subject to this subsection shall have all powers
21by law conferred
by law upon railroad corporations
, and. The railroad corporation 22may
issue, sell, pledge or otherwise dispose of its evidences of debt at such times, in
23such amounts, for such considerations and upon such terms and conditions as the
1board of directors of
said the corporation shall determine, and as shall be authorized
2by the office, or
the interstate commerce commission in the case of a railroad
3corporation organized for the purpose of acquiring a railroad engaged in interstate
4commerce, or any existing railroad corporation reorganized under the act and
5acquiring railroad property used in interstate commerce
, by the interstate commerce
6commission, as the case may be, issue, sell, pledge or otherwise dispose of its. The 7evidences of debt
, which may be convertible, at the option of the holder, into stock,
8and shares of stock
, which. The shares may have
such a nominal or par value or
, if
9the
same be shares are shares of common stock, be without nominal or par value
, and.
10The shares may be of such classes, with such rights and voting powers as may be
11expressed in
its the corporation's articles or any amendment thereto.
In the case of
12a
AB971,34,25
13(c) 1. A railroad corporation reorganized
as aforesaid, the filing with the
14department of financial institutions of under the federal bankruptcy act may elect
15to file a certified copy of the plan of reorganization as confirmed by the federal
16bankruptcy act
, if it shall so elect, with the department of financial institutions. The
17filing of the plan shall accomplish and evidence the amendment of its charter or
18articles of incorporation without the necessity for any other or further action,
19corporate or otherwise
, with respect thereto. Such. A reorganized railroad
20corporation shall
thereupon, upon filing the plan of reorganization, have all powers
21necessary to put into effect and carry out
such the plan of reorganization in all
22respects
but such filing of the plan of reorganization shall not preclude such existing
23corporation from amending its charter or articles in the manner now provided by law.
24The fees for filing
such the copy of
the plan of reorganization shall be the same as
25prescribed in s. 190.01 (3).
Note: Section 190.02 (intro.) indicates that that section grants the included powers
to all railroad corporations. This provision is renumbered out of s. 190.02 because it
confers powers that do not apply to all railroad corporations. The provision is subdivided,
specific references are added and text reordered for improved readability and conformity
with current style. See also the creation of s. 190.025 (title), the creation of s. 190.025 (2)
(title) and the creation of s. 190.025 (2) (c) 1. by this bill.
AB971, s. 56
1Section
56. 190.02 (11) of the statutes is renumbered 190.02 (11) (a) and
2amended to read:
AB971,35,53
190.02
(11) (a)
Any railroad company may To own and operate motor vehicles
4for the purpose of transporting persons and property upon the public highways, for
5hire, subject to ch. 194
; and may also.
AB971,35,7
6(b) To own and operate equipment for, and engage in, aerial transportation.
7Any railroad company may
AB971,35,10
8(c) To purchase and own the capital stock and securities of corporations
9organized for, or engaged in, the
business businesses specified in
this subsection 10pars. (a) and (b).
Note: Subdivides provision and modifies language for sentence agreement with s.
190.02 (intro.).
AB971, s. 57
11Section
57. 190.02 (12) (title) of the statutes is renumbered 190.025 (3) (title).
AB971, s. 58
12Section
58. 190.02 (12) of the statutes is renumbered 190.025 (3) (a) and
13amended to read:
AB971,35,1914
190.025
(3) (a) Any railroad corporation
, organized and existing under the laws
15of this state or existing by consolidation of different railroad corporations under the
16laws of this state and any other state
, and which, that owns more than 50% of the
17capital stock of another corporation, the capital stock of which it is authorized to own,
18is authorized by action of its board of directors to guarantee the payment of the
19principal and interest of bonds or other obligations of the other corporation.
AB971,36,11
1(b) Any railroad corporation, organized and existing under the laws of this state
2or existing by consolidation of different railroad corporations under the laws of this
3state and any other state, that owns
singly or with other railroad corporations more
4than
fifty per cent 50% of the capital stock of another corporation, the capital stock
5of which it is authorized to own, is authorized by action of its board of directors to
6guarantee the payment of the principal and interest of bonds or other obligations of
7such the other corporation,
the capital stock of which is so owned by it, and to join
8with
such the other railroad corporations in guaranteeing the payment of principal
9and interest of bonds or other obligations of
such
the other corporation
, more than
10fifty per cent of the capital stock of which is owned by it and such other railroad
11corporations.
Note: Section 190.02 (intro.) indicates that that section grants the included powers
to all railroad corporations. This provision is renumbered out of s. 190.02 because it
confers powers that do not apply to all railroad corporations. Deletes redundant phrase,
replaces word form of numbers with digits and adds specific references for greater
readability and conformity with current style.
AB971, s. 59
12Section
59. 190.025 (title) of the statutes is created to read:
AB971,36,13
13190.025 (title)
Powers of railroads; special cases.
AB971, s. 60
14Section
60. 190.025 (2) (title) and (c) 2. of the statutes are created to read:
AB971,36,1615
190.025
(2) (title)
Railroads acquired through judicial proceedings and
16reorganized railroads.
AB971,36,1917
(c) 2. Filing the plan of reorganization under subd. 1. shall not preclude the
18reorganized corporation from amending its charter or articles in the manner
19provided by law.
Note: Repositions material from s. 190.025 (2) (c) 2. for more logical placement.
AB971, s. 61
20Section
61. 190.051 (1) of the statutes is renumbered 190.05 (1) (a) and
21amended to read:
AB971,37,6
1190.051
(1) (a) Any railroad corporation may extend its road from any point
2named in its charter or articles of organization, or may build branch roads from any
3point on its line or from any point on the line of any other road connected or to be
4connected with its road, the use of which other road between such points and the
5connection with its own road
such the railroad corporation
shall have has secured for
6a term of not less than
ten 10 years.
AB971,37,16
7(b) Before making
such an extension or building
any such a branch road
such
8under par. (a), the railroad corporation shall, by resolution of its directors, to be
9entered in the record of its proceedings, designate the route of
such the proposed
10extension or branch, and file, for record, a copy of
such the record, certified by the
11president and secretary, with the department of financial institutions.
Thereupon 12such Upon filing the record with the department of financial institutions, the
13railroad corporation shall have all
of the rights and privileges to make
such the 14extension or build
such the branch and receive aid thereto
which it that the railroad
15corporation would have had if it had been authorized in its charter or articles of
16organization.
Note: Replaces word form of numbers with digits and adds specific references for
greater readability and conformity with current style.
AB971, s. 62
17Section
62. 190.051 (2) of the statutes is amended to read:
AB971,37,2018
190.051
(2) The requirements of this section shall not apply to permanent
19branches or extensions not exceeding
five 5 miles in length nor to temporary
20branches or extensions not exceeding
ten 10 miles in length.
Note: Replaces word form of numbers with digits.
AB971, s. 63
21Section
63. 190.09 of the statutes is amended to read:
AB971,38,2
22190.09 Railroad cattle pass, abandonment. No railroad corporation shall
23close or obstruct any cattle pass or opening
which shall have that has been used as
1a passageway for livestock across its right-of-way for a period of
five 5 years without
2having first secured the consent in writing of the abutting landowners.
Note: Replaces word form of numbers with digits.
AB971, s. 64
3Section
64. 190.15 of the statutes is amended to read:
AB971,38,18
4190.15 Right-of-way through public lands. The commissioners of public
5lands may sell and convey to any railroad corporation
, for
such the compensation and
6upon
such the terms
as they that the commissioners may fix, a strip of land
one
7hundred 100 feet wide, or more, if needed, through lands owned by the state
which 8that the commissioners have power to sell, and across which a railroad has been or
9shall be located or constructed
, but such. The railroad corporation shall, as soon as
10the route of its road
shall be is definitely fixed, deposit in the office of the
11commissioners of public lands
, a plat exhibiting all
such of the affected public lands
12and the location of
such the route through the
same and affected public lands. The
13railroad corporation shall have no right to take or use any
such of the affected public 14lands prior to depositing
such the plat. Every deed or patent for any
such lands
15conveyed to a railroad corporation under this section shall contain an express
16reservation unto the state of the title of
such the lands
conveyed except as to the use
17of the
same lands by
such the railroad corporation or its successors or assigns for
18railroad purposes.
Note: Breaks up long sentence, replaces word form of numbers with digits and adds
specific references for greater readability and conformity with current style.
AB971, s. 65
19Section
65. 191.02 of the statutes is amended to read:
AB971,38,22
20191.02 Application for certificate of necessity. Application for
such a 21certificate
required by s. 191.01 shall be made within
six 6 months
from and after the
22publication of
its the railroad corporation's corporate articles.
Note: Replaces word form of numbers with digits, deletes redundant phrase and
adds specific references and cross-references for greater readability and conformity with
current style.
AB971, s. 66
1Section
66. 191.13 (6) of the statutes is amended to read:
AB971,39,72
191.13
(6) Any person who
shall falsely
represent represents that
such a
3temporary railroad is other than a temporary railroad shall be
deemed guilty of a
4misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding
5five hundred dollars, or by imprisonment in the county jail, fined not more than $500
6or imprisoned for not
exceeding six more than 6 months
, or
by both
such fine and
7imprisonment, in the discretion of the court.
Note: Replaces word form of numbers with digits and modifies penalty language
for greater readability and conformity with current style.
AB971, s. 67
8Section
67. 192.255 (1) of the statutes is amended to read:
AB971,39,119
192.255
(1) No person shall act or be engaged to act as a conductor on a railroad
10freight or passenger train in this state without having
for at least
three years 3 years' 11prior thereto served or worked in the capacity of
experience as a railroad brakeman.
Note: Replaces word form of numbers with digits and simplifies sentence for
greater readability and conformity with current style.
AB971, s. 68
12Section
68. 192.255 (2) of the statutes is amended to read:
AB971,39,1513
192.255
(2) No person shall act or be engaged to act as a flagman on a railroad
14train in this state without having
for at least
two years prior thereto served or worked 152 years' experience as a brakeman on a freight train or passenger train.
Note: Replaces word form of numbers with digits and simplifies sentence for
greater readability and conformity with current style.
AB971, s. 69
16Section
69. 192.255 (5) of the statutes is amended to read: