AB971: Bill Text

AB971, s. 52 Section 52. 190.015 of the statutes is renumbered 190.015 (1) and amended to read:

AB971,32,4 190.015 (1) The stock, property, affairs and business of every such railroad corporation shall be managed by directors who shall be chosen by the stockholders from among their number, at such the time and place as shall be provided by the articles of organization or the bylaws, and shall.

AB971,32,12 (2) The trustees shall hold office for the term provided therein by the articles or bylaws and until their respective successors are chosen. The directors may be divided into three 3 classes, each of which shall be composed, as nearly as may be possible, of one-third of the directors; the. The term of office of the first class to shall expire in one year, of the second 2nd in two 2 years, and of the third 3rd in three 3 years. At each annual election thereafter, a number of directors shall be elected for three 3 years equal to the number whose term of office shall then expire; all. All other vacancies to shall be filled in accordance with the bylaws.

AB971,32,17 (3) The directors shall choose one of their number president and such other officers as the corporate articles and bylaws require, for such the term as shall be prescribed thereby; and by the articles or bylaws. The directors may fill any vacancy in their board, happening after any regular annual election, until the next succeeding 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 Section 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 Section 54. 190.02 (9) (b) of the statutes is renumbered 190.025 (1) and amended to read:

AB971,33,9 190.025 (1) (title) Railroad property acquired under mortgage or trust deed. In case of a sale of any interest in railroad property by virtue of any such trust deed or mortgage under s. 190.02 (9), the purchasers and their associates, successors and assigns shall thereafter have, exercise and enjoy all rights, privileges, grants, franchises, immunities and advantages mentioned in such instruments the trust deed or mortgage which were possessed by such the corporation that executed that instrument, so far as the same those rights, privileges, grants, franchises, immunities and advantages relate or appertain to that portion or line of road purchased at such that sale, as fully and absolutely in all respects as such the corporation that executed that instrument might have done if such the sale had not taken 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 Section 55. 190.02 (9) (c) of the statutes is renumbered 190.025 (2) (a) (intro.) and amended to read:

AB971,33,12 190.025 (2) (a) (intro.) Any This subsection applies to any of the following:

AB971,33,15 1. A railroad corporation organized to and which shall acquire, directly or by mesne conveyances, the property of another railroad corporation sold in judicial proceedings, or any.

AB971,33,19 2. A railroad corporation reorganized under the federal bankruptcy act which corporation, under a plan of reorganization as confirmed by the act, shall have been authorized to put into effect and carry out said the plan of reorganization, or any a new railroad corporation which shall be organized for the like purpose ,.

AB971,34,12 (b) A railroad corporation that is subject to this subsection shall have all powers by law conferred by law upon railroad corporations, and. The railroad corporation may issue, sell, pledge or otherwise dispose of its evidences of debt at such times, in such amounts, for such considerations and upon such terms and conditions as the board of directors of said the corporation shall determine, and as shall be authorized by the office, or the interstate commerce commission in the case of a railroad corporation organized for the purpose of acquiring a railroad engaged in interstate commerce, or any existing railroad corporation reorganized under the act and acquiring railroad property used in interstate commerce, by the interstate commerce commission, as the case may be, issue, sell, pledge or otherwise dispose of its. The evidences of debt, which may be convertible, at the option of the holder, into stock, and shares of stock, which. The shares may have such a nominal or par value or, if the same be shares are shares of common stock, be without nominal or par value, and. The shares may be of such classes, with such rights and voting powers as may be expressed in its the corporation's articles or any amendment thereto. In the case of a

AB971,34,25 (c) 1. A railroad corporation reorganized as aforesaid, the filing with the department of financial institutions of under the federal bankruptcy act may elect to file a certified copy of the plan of reorganization as confirmed by the federal bankruptcy act, if it shall so elect, with the department of financial institutions. The filing of the plan shall accomplish and evidence the amendment of its charter or articles of incorporation without the necessity for any other or further action, corporate or otherwise, with respect thereto. Such. A reorganized railroad corporation shall thereupon, upon filing the plan of reorganization, have all powers necessary to put into effect and carry out such the plan of reorganization in all respects but such filing of the plan of reorganization shall not preclude such existing corporation from amending its charter or articles in the manner now provided by law. The fees for filing such the copy of the plan of reorganization shall be the same as prescribed 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 Section 56. 190.02 (11) of the statutes is renumbered 190.02 (11) (a) and amended to read:

AB971,35,5 190.02 (11) (a) Any railroad company may To own and operate motor vehicles for the purpose of transporting persons and property upon the public highways, for hire, subject to ch. 194; and may also.

AB971,35,7 (b) To own and operate equipment for, and engage in, aerial transportation. Any railroad company may

AB971,35,10 (c) To purchase and own the capital stock and securities of corporations organized for, or engaged in, the business businesses specified in this subsection pars. (a) and (b).

Note: Subdivides provision and modifies language for sentence agreement with s. 190.02 (intro.).

AB971, s. 57 Section 57. 190.02 (12) (title) of the statutes is renumbered 190.025 (3) (title).

AB971, s. 58 Section 58. 190.02 (12) of the statutes is renumbered 190.025 (3) (a) and amended to read:

AB971,35,19 190.025 (3) (a) Any railroad corporation, organized and existing under the laws of this state or existing by consolidation of different railroad corporations under the laws of this state and any other state, and which, that owns more than 50% of the capital stock of another corporation, the capital stock of which it is authorized to own, is authorized by action of its board of directors to guarantee the payment of the principal and interest of bonds or other obligations of the other corporation.

AB971,36,11 (b) Any railroad corporation, organized and existing under the laws of this state or existing by consolidation of different railroad corporations under the laws of this state and any other state, that owns singly or with other railroad corporations more than fifty per cent 50% of the capital stock of another corporation, the capital stock of which it is authorized to own, is authorized by action of its board of directors to guarantee the payment of the principal and interest of bonds or other obligations of such the other corporation, the capital stock of which is so owned by it, and to join with such the other railroad corporations in guaranteeing the payment of principal and interest of bonds or other obligations of such the other corporation, more than fifty per cent of the capital stock of which is owned by it and such other railroad corporations.

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 Section 59. 190.025 (title) of the statutes is created to read:

AB971,36,13 190.025 (title) Powers of railroads; special cases.

AB971, s. 60 Section 60. 190.025 (2) (title) and (c) 2. of the statutes are created to read:

AB971,36,16 190.025 (2) (title) Railroads acquired through judicial proceedings and reorganized railroads.

AB971,36,19 (c) 2. Filing the plan of reorganization under subd. 1. shall not preclude the reorganized corporation from amending its charter or articles in the manner provided by law.

Note: Repositions material from s. 190.025 (2) (c) 2. for more logical placement.

AB971, s. 61 Section 61. 190.051 (1) of the statutes is renumbered 190.05 (1) (a) and amended to read:

AB971,37,6 190.051 (1) (a) Any railroad corporation may extend its road from any point named in its charter or articles of organization, or may build branch roads from any point on its line or from any point on the line of any other road connected or to be connected with its road, the use of which other road between such points and the connection with its own road such the railroad corporation shall have has secured for a term of not less than ten 10 years.

AB971,37,16 (b) Before making such an extension or building any such a branch road such under par. (a), the railroad corporation shall, by resolution of its directors, to be entered in the record of its proceedings, designate the route of such the proposed extension or branch, and file, for record, a copy of such the record, certified by the president and secretary, with the department of financial institutions. Thereupon such Upon filing the record with the department of financial institutions, the railroad corporation shall have all of the rights and privileges to make such the extension or build such the branch and receive aid thereto which it that the railroad corporation would have had if it had been authorized in its charter or articles of organization.

Note: Replaces word form of numbers with digits and adds specific references for greater readability and conformity with current style.

AB971, s. 62 Section 62. 190.051 (2) of the statutes is amended to read:

AB971,37,20 190.051 (2) The requirements of this section shall not apply to permanent branches or extensions not exceeding five 5 miles in length nor to temporary branches or extensions not exceeding ten 10 miles in length.

Note: Replaces word form of numbers with digits.

AB971, s. 63 Section 63. 190.09 of the statutes is amended to read:

AB971,38,2 190.09 Railroad cattle pass, abandonment. No railroad corporation shall close or obstruct any cattle pass or opening which shall have that has been used as a passageway for livestock across its right-of-way for a period of five 5 years without having first secured the consent in writing of the abutting landowners.

Note: Replaces word form of numbers with digits.

AB971, s. 64 Section 64. 190.15 of the statutes is amended to read:

AB971,38,18 190.15 Right-of-way through public lands. The commissioners of public lands may sell and convey to any railroad corporation, for such the compensation and upon such the terms as they that the commissioners may fix, a strip of land one hundred 100 feet wide, or more, if needed, through lands owned by the state which that the commissioners have power to sell, and across which a railroad has been or shall be located or constructed, but such. The railroad corporation shall, as soon as the route of its road shall be is definitely fixed, deposit in the office of the commissioners of public lands, a plat exhibiting all such of the affected public lands and the location of such the route through the same and affected public lands. The railroad corporation shall have no right to take or use any such of the affected public lands prior to depositing such the plat. Every deed or patent for any such lands conveyed to a railroad corporation under this section shall contain an express reservation unto the state of the title of such the lands conveyed except as to the use of the same lands by such the railroad corporation or its successors or assigns for railroad 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 Section 65. 191.02 of the statutes is amended to read:

AB971,38,22 191.02 Application for certificate of necessity. Application for such a certificate required by s. 191.01 shall be made within six 6 months from and after the publication 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 Section 66. 191.13 (6) of the statutes is amended to read:

AB971,39,7 191.13 (6) Any person who shall falsely represent represents that such a temporary railroad is other than a temporary railroad shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail, fined not more than $500 or imprisoned for not exceeding six more than 6 months, or by both such fine and imprisonment, 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 Section 67. 192.255 (1) of the statutes is amended to read:

AB971,39,11 192.255 (1) No person shall act or be engaged to act as a conductor on a railroad freight or passenger train in this state without having for at least three years 3 years' prior 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 Section 68. 192.255 (2) of the statutes is amended to read:

AB971,39,15 192.255 (2) No person shall act or be engaged to act as a flagman on a railroad train in this state without having for at least two years prior thereto served or worked 2 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 Section 69. 192.255 (5) of the statutes is amended to read:

AB971,40,4 192.255 (5) The provisions of this section as to brakeman brakemen shall not apply unless there are available at the terminal from which the train is starting brakemen who meet the requirements of this section and who are not assigned to regular runs nor shall the provisions of this section apply to any railroad company within the state nor the receiver or lessee thereof, whose line of railroad is less than thirty 30 miles in length nor shall anything herein contained relieve any railroad company 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 Section 70. 192.255 (6) of the statutes is amended to read:

AB971,40,11 192.255 (6) Any person who shall violate violates any of the provisions of this section shall be deemed guilty of a misdemeanor and shall upon conviction be punished by a fine of fined not less than $25 nor more than one hundred dollars nor less than twenty-five dollars or confined in the county jail $100 or imprisoned for not exceeding ninety more than 90 days , or by both such fine and imprisonment 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. 71 Section 71. 192.27 (2) of the statutes is amended to read:

AB971,40,16 192.27 (2) Any railroad corporation neglecting or refusing to comply with the provisions of this section shall be liable to a forfeiture of forfeit not less than twenty-five dollars $25 nor more than one hundred dollars $100 for each offense, and each. Each day that the violation continues shall constitute a separate offense.

Note: Replaces word form of numbers with digits.

AB971, s. 72 Section 72. 192.29 (3) (a) of the statutes is amended to read:

AB971,40,21 192.29 (3) (a) No railroad train or locomotive shall run over any public traveled grade crossing within any city or village, except where gates are operated, or a flagman is stationed, unless the engine bell shall be rung continuously within twenty rods 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 Section 73. 192.32 (1) of the statutes is renumbered 192.32 (1) (intro.) and amended to read:

AB971,41,6 192.32 (1) (intro.) No person, other than a licensee or, authorized newspaper reporters reporter or those person connected with or employed upon the railroad, shall may walk, loiter or be upon or along the track of any railroad. The provisions of this subsection shall not be construed to do any of the following:

AB971,41,8 (a) To interfere with the lawful use of a public road or highway by any person, or to.

AB971,41,10 (b) To prevent any person from driving across any railroad from one part of the that person's land to another part thereof, or.

AB971,41,12 (c) To prevent any person from walking directly across the tracks or right-of-way of any railroad; or.

AB971,41,17 (d) To interfere with the use of the right-of-way or track by any person when occasioned by or in connection with, either directly or indirectly, the shipping, loading or unloading of freight, seeking employment, the investigation or securing of evidence with respect to any accident or wreck, or in conducting or transacting any other business for or with said the railroad; or.

AB971,41,19 (e) To interfere with the entry of any employe during or on account of labor disputes 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 Section 74. 192.33 (1), (2) and (3) of the statutes are amended to read:

AB971,42,4 192.33 (1) Every corporation operating any railroad shall erect and maintain on both sides of its road (, depot grounds excepted), sufficient fences with openings or gates or bars therein, and suitable and convenient farm crossings for the use of the occupants of the lands adjoining and shall maintain cattle guards at all highway crossings (,outside of municipalities ), and connect their fences therewith. This section shall not apply to that part of the road where sidetracks or switch tracks are used in cities of the first class.

AB971,42,15 (2) All roads shall be so fenced fences and such cattle guards required under sub. (1) shall be made within one month from the time of commencing to operate the same railroad right-of-way, so far as operated. Until such the required fences and cattle guards shall be are made, every the railroad corporation owning or operating any such road the right-of-way shall be liable for all damages done to domestic animals, or persons thereon on the right-of-way, occasioned in any manner, in whole or in part, by the want of such the required fences or cattle guards; but after such. After the required fences and cattle guards shall have been are constructed such the railroad conformations liability shall not extend to damages occasioned in part by contributory negligence, nor to defects existing without negligence on the part of the corporation or its agents.

AB971,42,18 (3) The sufficiency of fences shall be determined according to ch. 90; but nothing herein in this section shall render any fence insufficient which was a legal or sufficient fence when built.

Note: Modernizes language, replaces parentheses, inserts cross-references and shortens sentence.

AB971, s. 75 Section 75. 192.34 of the statutes is amended to read:

AB971,43,5 192.34 Fences; complaint of insufficient; hearing; order. Upon complaint by the owner or occupant of any land contiguous to the right-of-way of any railroad that the railroad company operating such the line has failed to construct or keep in good repair such fences as the law requires along its right-of-way opposite to such the complainant's land as required under s. 192.33, the office shall proceed thereon on the complaint in the manner provided in s. 195.04. If it shall appear that the complaint is well founded, the office may order and direct the railroad company to repair such the complained of fences so that the same shall fences will be sufficient or to construct legal fences.

Note: Modernizes language and inserts cross-references.

AB971, s. 76 Section 76. 192.35 (title) of the statutes is amended to read:

AB971,43,8 192.35 (title) Fences; interference with, etc., Interference with fences; trespassers on track.

AB971, s. 77 Section 77. 192.35 of the statutes is renumbered 192.35 (1) and amended to read: