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.
AB971, s. 79
4Section
79. 192.37 (1) of the statutes is amended to read:
AB971,45,125
192.37
(1) Whenever any corporation
shall operate operates a railroad through
6enclosed lands and
shall fail fails to construct the fences, farm crossings or cattle
7guards required by law, proper for the use of
such
the enclosed lands, the owner or
8occupant
thereof of the lands may give notice
in writing signed by the owner or
9occupant to such to the railroad corporation
, to be served as a circuit court summons
10is served, to fence its road through the owner's or occupant's enclosed lands,
11describing the same, and of its failure to construct the necessary
fences, farm
12crossings and cattle guards
thereon on the owner's or occupant's enclosed lands.
AB971,45,20
13(3) If
such company a railroad corporation, after being
so notified
, neglect 14under this section, neglects for
three 3 months to construct
such the necessary fences,
15farm crossings and cattle guards
on the lands described in the notice, it shall be liable
16to pay to
such the owner or occupant
ten dollars of the described lands $10 for each
17day after the expiration of
said three the 3 months until
so the necessary fences, farm
18crossings and cattle guards are constructed.
But no No time between
the first day
19of November
1 and
the first day of April
succeeding 1 shall be included in the
three
20months 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.
AB971, s. 80
21Section
80. 192.37 (2) of the statutes is created to read:
AB971,46,2
1192.37
(2) The notice under sub. (1) shall meet all of the following
2requirements:
AB971,46,33
(a) It shall be in writing, signed by the owner or occupant of the enclosed lands.
AB971,46,44
(b) It shall contain a description of the owner's or occupant's enclosed lands.
AB971,46,65
(c) It shall be served in the manner provided for the service of summons in the
6circuit 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
AB971, s. 81
7Section
81. 192.53 (1) of the statutes is amended to read:
AB971,46,158
192.53
(1) After July 1, 1931, no
Except as otherwise provided in this section,
9no building or loading platform shall be constructed
or nor shall any addition to or
10reconstruction of
a then an existing building or loading platform,
not including 11excluding ordinary repairs necessary for maintenance,
shall be made
which that 12shall have a horizontal clearance of less than
eight
8 feet
six 6 inches between it and
13the center line of any railroad track. The same clearance shall be maintained
14between
such the center line of the railroad track and any material used in and about
15the construction of any such building or loading platform.
Note: Deletes obsolete transition provision, replaces word form of numbers with
digits and clarifies references.
AB971, s. 82
16Section
82. 192.53 (2) (a) to (d) of the statutes are amended to read:
AB971,46,1917
192.53
(2) (a)
Such a A platform
which that is not higher than
four 4 inches
18above the top of the rail shall be not less than
four
4 feet
six 6 inches from the center
19line of the adjacent track
;.
AB971,46,2220
(b)
Such a A platform
which that is more than
four 4 inches but not higher than
21eight 8 inches above the top of the rail shall be not less than
five 5 feet one inch from
22the center line of the adjacent track
;.
AB971,47,3
1(c)
Such a A platform
which that is more than
eight
8 inches but not higher than
2one foot
nine 9 inches above the top of the rail shall be not less than
six 6 feet from
3the center line of the adjacent track
;.
AB971,47,64
(d)
Such a A platform
which that is higher than one foot
nine 9 inches above
5the top of the rail of a main track shall be not less than
eight 8 feet from the center
6line
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.
AB971, s. 83
7Section
83. 192.53 (3) of the statutes is renumbered 192.53 (3) (a) and amended
8to read:
AB971,47,159
192.53
(3) (a)
High Notwithstanding par. (b), high platforms
in existence on
10July 1, 1949 for handling baggage, mail, express and freight to and from cars on other
11than main tracks, where an unobstructed working space at ground level is
12maintained on the opposite side of
the track from
such the platform,
may be
13maintained with which have a face or edge
at least 5 feet 8 inches from
the center
14line of such track,
but after July 1, 1949, no such
which were in existence on July 1,
151949, may be maintained.
AB971,47,19
16(b) No platform
shall of the type described in par. (a) may be constructed which
17provides a clearance of less than 6 feet 4 inches between the face or edge thereof and
18the center line of any such track
. No such platform shall be constructed or which is
19more 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.
AB971, s. 84
20Section
84. 192.53 (4) of the statutes is renumbered 192.53 (4) (a) amended to
21read:
AB971,48,5
1192.53
(4) (a) Upon finding that any
such structure
that is subject to the
2provisions of this section will not imperil life or limb, and that the public interest
3requires or permits
such the structure to be constructed or reconstructed otherwise
4than as permitted by the
foregoing provisions of this section, the office may exempt
5such the structure from
such provision. Such the provisions of this section.
AB971,48,13
6(b) The office shall make the findings shall be made described in par. (a) only
7upon written application
to it to exempt the construction or reconstruction of a
8structure from the requirements of this section, setting forth fully the grounds
9therefor
, and
shall be made only after public hearing
, and the. The office's findings
10and order granting
the exemption shall be in writing and shall contain complete
11provisions and requirements as to the horizontal clearance to be maintained in
such 12the construction or reconstruction.
Such The structure shall be constructed or
13reconstructed 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.
AB971, s. 85
14Section
85. 192.53 (5) of the statutes is renumbered 192.53 (5) (a) (intro.)
15amended to read:
AB971,48,1916
192.53
(5) (a) (intro.) Except as
hereinbefore otherwise provided in this section
17and subject to the power of the office to make exceptions
hereto to this section in a
18manner similar to the power given it in sub. (4), no railroad or shipper
shall after May
1928, 1943, place may do any of the following:
AB971,49,2
201. Place or construct, within 8 feet 6 inches of the center line of any railroad
21track, any retaining walls, fences, signs, stand pipes, conveyors, or any other like
22obstruction, except railroad bridges, switch stands, mail cranes, coal, ice and water
1stations, intertrack fences and signals and other necessary interlocking
2mechanisms
, or permit
AB971,49,5
32. Permit,within 8 feet 6 inches of the center line of any railroad track, the
4accumulation of any rubbish, waste or material of any sort, except material used for
5repair or construction work by
such the railroad company.
AB971,49,8
6(b) The intent of this subsection is to afford proper clearance between railroad
7cars and obstructions and to promote the safety of railroad employes in switching
8cars.