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:
AB971,55,3
17197.03 Indeterminate permit; notice. If
the a municipality
shall have has 18determined to acquire an existing plant in the manner provided in s. 197.02, and the
19public utility owning
such the plant
shall have has consented to the taking over of
20such the plant by the municipality by acceptance of an indeterminate permit as
21provided
herein in s. 196.54 (4), or, in case
such the public utility
shall has not
have 22waived or consented to
such the taking, if
the a jury
shall have acting under s. 197.02
23has found that a necessity exists for the taking of
such the plant,
then the
1municipality shall give speedy notice
to the public utility and to the commission of
2such the municipality's determination and of
such the utility's consent or
such the
3jury's finding
to the public utility and to the commission.
Note: Inserts specific cross-references and replaces and reorders language for
greater readability and conformity with current style.
AB971, s. 100
4Section
100. 197.04 (1) of the statutes is renumbered 197.04 (1) (a) and
5amended to read:
AB971,55,126
197.04
(1) (a) Any municipality having determined to acquire an existing plant
7or any part of the equipment of a public utility may discontinue all proceedings to
8that end at any time within 90 days after the final determination of compensation
9by the commission, by a vote of the electors
of the municipality as
herein provided
10in pars. (b) and (c), or by a resolution to that effect by its
municipal council, provided
11that such governing body. Except as provided in par. (c), the resolution shall
not be
12of force and effect until become effective 90 days after its passage and publication.
AB971,56,2
13(b) If within either of
said the 90-day periods
described in par. (a) a petition
14conforming to the requirements of s. 8.40
shall be
is filed with the clerk of
such the 15municipality
, in a city of the first class and the petition has been signed by 5%
and
16in all other municipalities of the electors of a 1st class city or by 10% of the electors
17thereof, of all other municipalities requesting that the question of discontinuing
said 18the proceeding to acquire
such the plant or equipment
of the public utility be
19submitted to the electors
, such of the municipality, the applicable question
under par.
20(c) shall be submitted to the
said electors at any general or regular municipal election
21that may be held not less than 30, and not more than 35, days from the date of the
22filing of the petition
; and if. If no general election or regular municipal election is to
23be held within the stated periods,
then the governing body of the municipality shall
1order the holding of a special election for the purpose of submitting
the question to
2the electors
in case the.
AB971,56,6
3(c) 1. If a petition is filed
under par. (b) before the adoption of
such a resolution
4the question whether said as described in par. (a), the question submitted to the
5electors shall be whether the proceedings
to acquire an existing plant or any part of
6the equipment of a public utility shall be discontinued
, and in case the.
AB971,56,12
72. If a petition is filed
under par. (b) after the adoption of
said a resolution
as
8described in par. (a), the question
submitted to the electors shall be whether the
9aforesaid resolution shall remain in effect and its adoption
of the resolution shall be
10ratified
, and such. A resolution
adopted prior to the submission of a petition shall
11not
have force or effect become effective unless a majority of the electors voting on
12such the question shall be in favor
thereof of the question.
AB971, s. 101
13Section
101. 197.04 (2) of the statutes is amended to read:
AB971,56,2514
197.04
(2) The
municipal council
governing body of the municipality may
15provide for
the notice
of, the manner of holding s
uch election and, the method of
16voting
thereon and of on, the method of making returns
thereof of, and the
method
17of canvassing and determining
of the result
thereof; provided, that notice of, the
18election required under sub. (1). Notice of the
submission of the question
19contemplated herein election to the electors shall be given by a brief notice of that
20fact once a week for
three 3 weeks in some newspaper of general circulation
21published in the municipality
, and if there be no such
. If no newspaper
then of
22general circulation is published in the municipality, publication may be made in any
23newspaper of general circulation in the county seat of the county
wherein in which 24the municipality is located. The notice of holding any special election shall be
25incorporated as a part of the
aforesaid notice
given under this subsection.
AB971, s. 102
1Section
102. 197.04 (3) of the statutes is amended to read:
AB971,57,42
197.04
(3) Upon
the discontinuance of
the proceedings
to acquire an existing
3plant or any part of the equipment of a public utility by the municipality no
4subsequent proceedings shall be instituted within 2 years thereafter.
Note: Replaces obsolete term, "municipal council" with current terminology,
subdivides provision, breaks up long sentence, replaces word form of number with digits,
inserts specific cross-references and references and replaces other language.
AB971, s. 103
5Section
103. 197.05 (1) and (2) of the statutes are amended to read:
AB971,57,156
197.05
(1) The Upon receipt of the notice under s. 197.03, the commission shall
7thereupon set a time and place for a public hearing upon the matters of the just
8compensation to be paid for the property of
such
the public utility,
wheresoever 9wherever situated, actually used and useful for the convenience of the public, and of
10all other terms and conditions of the purchase
, and. The commission shall give
to the
11interested municipality and
the public utility
interested, not less than 30 days' notice
12of the time and place
such at which the hearing will be held, and
such the matters
13to be considered and determined
, and
at the
hearing. The municipality shall publish
14in the county in which
such the public utility is located a class 3 notice, under ch. 985,
15of the hearing.