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:
AB971,40,417
192.255
(5) The provisions of this section as to
brakeman brakemen shall not
18apply unless there are available at the terminal from which the train is starting
19brakemen who meet the requirements of this section and who are not assigned to
1regular runs nor shall the provisions of this section apply to any railroad company
2within the state nor the receiver or lessee thereof, whose line of railroad is less than
3thirty 30 miles in length nor shall anything herein contained relieve any railroad
4company from the negligence of any of its employes.
Note: Replaces word form of numbers with digits and corrects spelling. The gender
specific "brakemen" is retained due to lack of an accepted alternative.
AB971, s. 70
5Section
70. 192.255 (6) of the statutes is amended to read:
AB971,40,116
192.255
(6) Any person who s
hall violate violates any of the provisions of this
7section shall be
deemed guilty of a misdemeanor and shall upon conviction be 8punished by a fine of fined not
less than $25 nor more than
one hundred dollars nor
9less than twenty-five dollars or confined in the county jail $100 or imprisoned for not
10exceeding ninety more than 90 days
, or
by both
such fine and imprisonment in the
11discretion 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. 71
12Section
71. 192.27 (2) of the statutes is amended to read:
AB971,40,1613
192.27
(2) Any railroad corporation neglecting or refusing to comply with the
14provisions of this section shall
be liable to a forfeiture of forfeit not less than
15t
wenty-five dollars $25 nor more than
one hundred dollars $100 for each offense
, and
16each. Each day
that the violation continues shall constitute a separate offense.
Note: Replaces word form of numbers with digits.
AB971, s. 72
17Section
72. 192.29 (3) (a) of the statutes is amended to read:
AB971,40,2118
192.29
(3) (a) No railroad train or locomotive shall run over any public traveled
19grade crossing within any city or village, except where gates are operated, or a
20flagman is stationed, unless the engine bell shall be rung continuously within
twenty 21rods 330 feet of
the crossing and until
such the crossing
shall be is reached.
Note: Replaces word form numbers with digits and clarifies reference.
AB971, s. 73
1Section
73. 192.32 (1) of the statutes is renumbered 192.32 (1) (intro.) and
2amended to read:
AB971,41,63
192.32
(1) (intro.) No person, other than a licensee
or, authorized newspaper
4reporters reporter or
those person connected with or employed upon the railroad,
5shall may walk, loiter or be upon or along the track of any railroad. The provisions
6of this subsection shall not be construed to
do any of the following:
AB971,41,8
7(a) To interfere with the lawful use of a public
road or highway by any person
,
8or to.
AB971,41,10
9(b) To prevent any person from driving across any railroad from one part of
the 10that person's land to another part thereof
, or.
AB971,41,12
11(c) To prevent any person from walking directly across the tracks or
12right-of-way of any railroad
; or.
AB971,41,17
13(d) To interfere with the use of the right-of-way or track by any person
when
14occasioned by or in connection with, either directly or indirectly, the shipping,
15loading or unloading of freight, seeking employment, the investigation or securing
16of evidence with respect to any accident or wreck
, or in conducting or transacting any
17other business for or with
said the railroad
; or.
AB971,41,19
18(e) To interfere with the entry of any employe during or on account of labor
19disputes by employes.
Note: Subdivides provision, changes plural nouns to singular for sentence
agreement and deletes "road" consistent with the definition of highway at s. 990.01 (12).
AB971, s. 74
20Section
74. 192.33 (1), (2) and (3) of the statutes are amended to read:
AB971,42,421
192.33
(1) Every corporation operating any railroad shall erect and maintain
22on both sides of its road
(, depot grounds excepted
), sufficient fences with openings
23or gates or bars therein, and suitable and convenient farm crossings for the use of
1the occupants of the lands adjoining and shall maintain cattle guards at all highway
2crossings
(,outside of municipalities
), and connect their fences therewith. This
3section shall not apply to that part of the road where sidetracks or switch tracks are
4used in cities of the first class.
AB971,42,15
5(2) All
roads shall be so fenced
fences and
such cattle guards
required under
6sub. (1) shall be made within one month from the time of commencing to operate the
7same railroad right-of-way, so far as operated. Until
such the required fences and
8cattle guards
shall be are made,
every the railroad corporation owning or operating
9any such road the right-of-way shall be liable for all damages done to domestic
10animals, or persons
thereon on the right-of-way, occasioned in any manner, in whole
11or in part, by the want of
such the required fences or cattle guards
; but after such.
12After the required fences and cattle guards
shall have been are constructed
such
the
13railroad conformations liability shall not extend to damages occasioned in part by
14contributory negligence, nor to defects existing without negligence on the part of the
15corporation or its agents.
AB971,42,18
16(3) The sufficiency of fences shall be determined according to ch. 90; but
17nothing
herein in this section shall render any fence insufficient which was a legal
18or sufficient fence when built.
Note: Modernizes language, replaces parentheses, inserts cross-references and
shortens sentence.
AB971, s. 75
19Section
75. 192.34 of the statutes is amended to read:
AB971,43,5
20192.34 Fences; complaint of insufficient; hearing; order. Upon
21complaint by the owner or occupant of any land contiguous to the right-of-way of any
22railroad that the railroad company operating
such
the line has failed to construct or
23keep in good repair
such fences
as the law requires along its right-of-way opposite
1to
such the complainant's land
as required under s. 192.33, the office shall proceed
2thereon on the complaint in the manner provided in s. 195.04. If it shall appear that
3the complaint is well founded
, the office may order and direct the railroad company
4to repair
such the complained of fences so that the
same shall fences will be sufficient
5or to construct legal fences.
Note: Modernizes language and inserts cross-references.
AB971, s. 76
6Section
76. 192.35 (title) of the statutes is amended to read:
AB971,43,8
7192.35 (title)
Fences; interference with, etc., Interference with fences;
8trespassers on track.
AB971, s. 77
9Section
77. 192.35 of the statutes is renumbered 192.35 (1) and amended to
10read:
AB971,43,1311
192.35
(1) Any person who
does any of the following shall
wilfully take forfeit
12not less than$10 nor more than $50 and, in addition, be liable to the party injured
13for all damages resulting from the act or omission:
AB971,43,15
14(a) Wilfully takes down,
open or remove opens or removes any railroad fence,
15cattle guard or crossing
or any portion thereof, or allow the same, in whole or in part.
AB971,43,17
16(b) Allows a railroad fence, cattle guard or crossing to be taken down, opened
17or removed
, or who, having.
AB971,43,22
18(c) Having lawfully taken down bars or opened gates in
such fences a railroad 19fence for the purpose of passing through the
same, shall fence, does not immediately
20replace
the bars or close the
same
gate, shall forfeit not less than ten nor more than
21fifty dollars, and in addition be liable to the party injured for all damages resulting
22from such act or omission; and any.
AB971,44,8
23(2) Any person who
shall ride, lead without the consent of the party owning or
24having control of the road rides, leads or
drive
drives any horse or other animal upon
1such a fenced
road railroad right-of-way, or who
shall ride, lead rides, leads or
drive 2drives any horse or team lengthwise of an unfenced railroad track
(, other than at the
3farm crossings or upon depot grounds or where the
same
track is laid along or across
4a public
road highway or street), without the consent of the party owning or having
5control of such road shall, for
every such offense
each occurrence, forfeit not
6exceeding ten dollars, to such more than $10, to the party
owning or having control
7of the railroad right-of-way, and shall also pay all damages
which that shall be
8sustained 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.
AB971, s. 78
9Section
78. 192.36 of the statutes is renumbered 192.36 (1) and amended to
10read:
AB971,44,1611
192.36
(1) Whenever a railroad corporation
shall fail fails to build or repair any
12fence, which the law requires it to erect, the owner or occupant of the land adjoining
13may, between
the first day of April
1 and
the first day of October
1, give notice in
14writing to
such the railroad corporation to build
, the fence within
sixty 60 days
, or
15repair
the fence within
thirty 30 days,
such fence, after
the service of
such the notice.
16Such
AB971,44,20
17(2) The notice
under sub. (1) shall describe the land on which
such the fence
18is required to be built or repaired
, and service thereof
. Service of the notice may be
19made by delivering the
same notice to any station agent of
said the railroad 20corporation.
AB971,45,3
21(3) In case the
railroad corporation
shall fail fails to build or repair the fence
22within the
required time
aforesaid,
then such, the owner or occupant
of the adjoining
23land may build or repair the
same; fence and
may recover from
such the railroad
1corporation the cost
thereof of building or repairing with interest at
one per cent the
2rate of 1% per month from the time
such that the fence shall have been built or
3repaired.
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.