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.
Note: Deletes obsolete transition provision and subdivides provision and adds
inserts specific references for improved readability and conformity with current style.
AB971, s. 86
9Section
86. 194.01 (5) of the statutes is amended to read:
AB971,49,1310
194.01
(5) The term "gross "
Gross weight"
, when applied to a motor vehicle
11used for the transportation of passengers
, shall mean the actual weight of
such the 12motor vehicle unloaded plus
one hundred and fifty
150 pounds for each person
13capable of being seated in
such the motor vehicle.
AB971, s. 87
14Section
87. 195.13 of the statutes is amended to read:
AB971,49,23
15195.13 Rebates and concessions, unlawful to accept. It shall be unlawful
16for any person, firm or corporation knowingly to accept or receive any rebate,
17concession or discrimination in respect to transportation of property wholly within
18this state, or for any service in connection therewith, whereby any such property
19shall, by any device whatsoever, be transported at a less rate than that named in the
20tariffs in force, or whereby any service or advantage is received other than is therein
21specified. Any person, firm or corporation violating the provisions of this section
22shall be fined not less than
fifty dollars $50 nor more than
one thousand dollars 23$1,000 for each offense.
AB971, s. 88
1Section
88. 195.14 (2) of the statutes is renumbered 195.14 (2) (a) and amended
2to read:
AB971,50,113
195.14
(2) (a) Railroads may give
free transportation
free or
at reduced rates
4therefor to any minister of the gospel, officers or agent of incorporated colleges,
5inmates of soldiers' homes, regular agents of charitable societies when traveling
6upon the business of the society only, destitute and homeless persons, railroad
7officers, attorneys, physicians, directors, employes or members of their families, or
8to former railroad employes or members of their families where
such the employes
9have become disabled in the railway service, or are unable from physical
10disqualification to continue in the service, or to members of families of deceased
11railroad employes
; and,
AB971,50,21
12(b) Railroads may exchange passes with officers, attorneys, physicians or
13employes of other railroads and members of their families
; but no. No person holding
14any public office or position under the laws of this state shall be given
free 15transportation
free or
at reduced rates
that are not open to the public, except that
16notaries public and regular employes of a railroad or other public utility who are
17candidates for or hold public office for which the annual compensation is not more
18than
three hundred dollars $300 to whom no passes or privileges are extended
19beyond those
which that are extended to other regular employes of such corporations
20may be granted
free transportation
free or
at reduced rates for the transmission of
21any message or communication.
Note: Breaks up long sentence and replaces word form of number with digits.
AB971, s. 89
22Section
89. 195.25 (2) of the statutes is amended to read:
AB971,51,323
195.25
(2) Any
such railroad
company violating this section shall forfeit not
24less than
twenty-five dollars $25 nor more than
one hundred dollars, and any $100.
1Any person who shall remove or destroy or cause the removal or destruction of
such
2articles the medical supplies required under sub. (1) after the railroad company has
3supplied them shall be subject to the same penalty.
Note: Replaces word form of number with digits and inserts specific
cross-reference.
AB971, s. 90
4Section
90. 195.286 (6) of the statutes is amended to read:
AB971,51,75
195.286
(6) (title)
Penalties relating to fences. Any person who removes,
6throws down, injures or defaces any sign required by this section shall, upon
7conviction, be fined not
to exceed twenty-five dollars
more than $25.
Note: Replaces word form of number with digits.
AB971, s. 91
8Section
91. 195.286 (7) of the statutes is amended to read:
AB971,51,129
195.286
(7) (title)
Penalties generally. Any person or corporation upon
10conviction for the violation of any of the provisions of this section, except sub. (6),
11shall be fined not less than
ten dollars $10 nor more than
fifty dollars $50 for each
12violation.
Note: Replaces word form of number with digits.
AB971, s. 92
13Section
92. 195.37 (4) of the statutes is renumbered 195.37 (4) (a) and
amended
14to read:
AB971,51,1715
195.37
(4) (a)
For recovery of In this subsection, "straight
overcharges which
16mean charges overcharge" means a charge in excess of those applicable under the
17lawful tariffs on file with the office
,.
AB971,52,3
18(b) For recovery of a straight overcharge, neither this section nor s. 195.38 shall
19be
deemed considered exclusive remedies. Complaints for the
same recovery of a
20straight overcharge may be filed or actions begun within 3 years from the delivery
21of the shipment of property at destination, and not after, except that if a claim for the
22overcharge has been presented in writing to the carrier within the 3-year period,
1said the period shall be extended to include 6 months from the time
that notice in
2writing is given by the carrier to the claimant of disallowance of the claim or any part
3thereof of the claim.
Note: Places definition in a separate paragraph and replaces language for greater
readability and conformity with current style.
AB971, s. 93
4Section
93. 195.37 (5) of the statutes is amended to read:
AB971,52,105
195.37
(5) Actions by carriers, limitation. Actions by carriers for the recovery
6of charges for the transportation of property between points in Wisconsin, or for any
7service in connection therewith, or for the storage of such property, or for any car
8service or demurrage charge, or any part thereof, shall be begun within
three 3 years
9after the delivery of the shipment of property at destination with respect to which
10such the charge is made and not after.
Note: Replaces word form of number with digits.
AB971, s. 94
11Section
94. 195.37 (6) of the statutes is amended to read:
AB971,52,1912
195.37
(6) Limitation action, extended by carrier. If
, on or before the
13expiration of
said two-year the 2-year period of limitation
under sub. (3) or of
said
14three-year the 3-year period of limitation
under sub. (4), a carrier
shall begin 15commences an action for the recovery of charges in respect to the same
16transportation service, or without bringing action
shall collect collects charges in
17respect of that service,
said the periods of limitation
under subs. (3) and (4) shall be
18extended to include
ninety 90 days from the time
such that the carrier's action is
19begun 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.
AB971, s. 95
20Section
95. 196.16 (3) of the statutes is amended to read:
AB971,53,2
1196.16
(3) This section does not limit any power of a municipal
council 2governing body under s. 196.58.
Note: Replaces obsolete term with current terminology.
AB971, s. 96
3Section
96. 196.85 (4) (d) of the statutes is amended to read:
AB971,53,154
196.85
(4) (d) If any bill against which objections have been filed
shall is not
5be paid within
ten 10 days after notice of a finding that
such the objections have been
6overruled and disallowed by the commission has been mailed to the objector as
7herein provided
in this subsection, the commission shall give notice of
such the 8delinquency to the state treasurer and to the objector, in the manner provided in sub.
9(3). The state treasurer shall then proceed to collect the amount of
said the
10delinquent bill as provided in sub. (3). If an amended bill is not paid within
ten 10 11days after a copy
thereof of the amended bill is mailed to the objector by registered
12mail, the commission shall notify the state treasurer and the objector as in the case
13of delinquency in the payment of an original bill. The state treasurer shall then
14proceed to collect the amount of
said the amended bill as provided in the case of an
15original bill.
AB971, s. 97
16Section
97. 197.01 (4) of the statutes is renumbered 197.01 (4) (a) and amended
17to read:
AB971,54,318
197.01
(4) (a) Any municipality
having
that owns, or has secured a declaration
19of convenience and necessity to own, operate, manage or control
, any plant or
20equipment for the production, transmission, delivery or furnishing of heat, light,
21water or power,
or owning any such plant, may contract with any public utility
22lawfully engaged as
such a public utility for a division of any of the foregoing
service 23services in
said the municipality, for a period not exceeding
ten 10 years
, with. The
24contract shall contain mutual covenants restricting and obligating operations by
1each party to service within the respective fields of division so contracted for
, and
2within such fields the. The commission shall have the right to regulate the charges
3for, and quality of, service, notwithstanding anything provided in
such the contract.
AB971,54,7
4(b) Nothing in this section shall prevent the commission from terminating
such 5a contract
authorized under par. (a) and granting a certificate of convenience and
6necessity for a
third 3rd or other utility, if in
its the commission's judgment the public
7interest requires it.
Note: Subdivides provision, breaks up long sentence, replaces word form of
number with digits, inserts specific cross-references and replaces other language.
AB971, s. 98
8Section
98. 197.02 of the statutes is amended to read:
AB971,54,15
9197.02 Action by municipalities to acquire utility. If
the a municipality
10shall have has determined to acquire a plant operated under an indeterminate
11permit provided in s. 196.54 (2), by a vote of a majority of the electors,
such the 12municipality shall bring an action in the circuit court against the public utility for
13an adjudication as to the necessity of
such the taking by the municipality. Unless the
14parties waive a jury, the question as to the necessity of the taking of
such the property
15by the municipality shall be submitted to a jury.
Note: Replaces language for greater readability and conformity with current style.
AB971, s. 99
16Section
99. 197.03 of the statutes is amended to read: