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.
AB971,57,22
16(2) The commission shall, by order, fix and determine and certify to the
17municipal council governing body of the municipality, to the public utility and to any
18bondholder, mortgagee, lienor or any other person having or claiming to have any
19interest in
such the public utility appearing
upon such at the hearing, just
20compensation to be paid for the taking of the property of
such the public utility
21actually used and useful for the convenience of the public and all other terms and all
22conditions of purchase
which it that the commission shall ascertain to be reasonable.
AB971, s. 104
1Section
104. 197.05 (3) of the statutes is renumbered 197.05 (3) (a) and
2amended to read:
AB971,58,113
197.05
(3) (a) The compensation and other terms and the conditions of
4purchase
thus certified by the commission
under sub. (2) shall constitute the
5compensation and terms and conditions to be paid, followed and observed in the
6purchase of
such the plant from
such the public utility. Upon the filing of
such
7certificate the order issued under sub. (2) with the clerk of
such the municipality the
8absolute title of the property taken shall vest in
such the municipality
, and, as. As 9to any
such property
to be taken that is located outside of Wisconsin, the circuit court
10is vested with power to require
such the public utility company to convey the
same 11property to the municipality.
AB971,58,15
12(b) Municipalities in adjoining states
which that have determined to acquire
13a public utility, part of which is located in Wisconsin, are authorized to acquire and
14to hold and operate any part of
such the public utility located in Wisconsin, provided
, 15such the adjoining state gives a similar power to Wisconsin municipalities.
Note: The reference to "certificate" is changed to "order" for internal consistency.
Replaces obsolete term "municipal council" with current terminology, breaks up long
sentences and subdivision, inserts specific cross-references and references and replaces
other language.
AB971, s. 105
16Section
105. 198.01 (3m) of the statutes is created to read:
AB971,58,1817
198.01
(3m) "County clerk" means the clerk of the county containing the
18largest number of voters within a district or proposed district.
Note: Moves the definition of "county clerk" from s. 198.03 (1) to clarify the
meaning of the term throughout the chapter.
AB971, s. 106
19Section
106. 198.02 of the statutes is amended to read:
AB971,59,8
20198.02 District, creation, powers. A municipal power district may be
21created as provided in this chapter and when so created shall be considered a
1municipal corporation and may exercise the powers
herein granted
in this chapter.
2Any
two 2 or more municipalities, whether contiguous or otherwise or in the same
3or different counties, may organize and incorporate as a municipal power district
,
4but no. No municipality
shall may be divided in the formation of
such a
municipal
5power district,
nor shall any and no municipality
shall be included
therein in a
6municipal power district unless approved by a majority of the votes cast
thereon in
7that municipality at an election
under s. 198.06 on
such the proposition
of whether
8a district should be created.
Note: Breaks up long sentences, replaces word form of number with digits, inserts
specific cross-references and references and replaces other language.
AB971, s. 107
9Section
107. 198.025 of the statutes is amended to read:
AB971,59,13
10198.025 Plan for district. It shall be the duty of the
public service commission
11upon request of the governing body of any city, village or town to work out with
such 12the municipality, or with any group of municipalities interested with it in the
13creation of a municipal power district, a feasible working plan for a proposed district.
Note: Section 198.01 (3) defines "commission" to mean the public service
commission.
AB971, s. 108
14Section
108. 198.03 (title), (1) and (2) of the statutes are amended to read:
AB971,59,15
15198.03 (title)
Procedure for organizing district; initiation.
AB971,60,2
16(1) Initial resolution. The governing bodies of one-half or more of the
17municipalities proposed to be included in the district shall first pass resolutions,
18declaring that public interest or necessity demands the creation and maintenance
19of a municipal power district to be known as "the
.... (giving the name) municipal
20power district".
Such The resolutions shall name the municipalities to be included
21in the proposed district. Certified copies of
such
the resolutions shall
next be
22presented to the county clerk
of the county containing the largest number of voters
1within the proposed district, requesting
said the county clerk to call an election
2without delay for determining whether
such the district shall be created.
AB971,60,10
3(2) Petition in lieu of resolution. In lieu of the resolutions provided for by
4sub. (1), a petition may be presented to the county clerk
of said county signed by at
5least
ten per cent 10% of the voters in
said the proposed district.
Such The petition
6shall declare that, in the opinion of the petitioners, public interest or necessity
7demands the creation and maintenance of a municipal power district. The petition
8may be on separate sheets of paper, but each sheet shall contain the affidavit of the
9person who circulated the
same sheet, certifying that each name signed
thereto on
10that sheet is the true signature of the person whose name it purports to be.
Note: Clarifies title, replaces word form of number with digits, inserts specific
references and replaces other language.
AB971, s. 109
11Section
109. 198.04 of the statutes is amended to read:
AB971,60,19
12198.04 (title)
Second Procedure for organizing district; 2nd step. (1) 13Notice to commission. Upon receipt of the certified copies of
the resolutions
adopted
14under s. 198.03 (1) or the petition
mentioned
in presented under s. 198.03
,such (2),
15the county clerk shall
forthwith immediately notify the
public service commission in
16writing that the municipalities filing
said the resolutions or those named in
said the 17petition as constituting the proposed power district had petitioned the county clerk
18to call an election without delay for determining whether
such the district should be
19created.
AB971,61,3
20(2) Report of commission. Within
ninety 90 days after receipt of
said the notice
21of the county clerk
under sub. (1), the
public service commission shall file
in writing 22with
said the county clerk its
written recommendations as to the feasibility or
23nonfeasibility of the proposed district with reasons
therefor for the commission's
1recommendations. Certified copies of
such
the commission's recommendations shall
2at the same time be filed by the commission with the clerk of each municipality
3included within
said the proposed district.
AB971,61,7
4(3) Election called. Upon receipt of
such the commission's recommendations
5of the commission, or upon expiration of the
ninety day 90-day period referred to in
6sub. (2),
said the county clerk shall call without delay an election within the proposed
7district for the purpose of determining whether the proposed district shall be created.
Note: Section 198.01 (3) defines "commission" to mean the public service
commission. Clarifies title, replaces word form of number with digits, inserts specific
references and cross-references and replaces other language.
AB971, s. 110
8Section
110. 198.05 of the statutes is amended to read:
AB971,61,15
9198.05 Subdistricts, boundaries. Every petition or resolution provided for
10in s. 198.03 shall divide the proposed district into
five 5 subdistricts, giving each a
11number, except as provided in s. 198.07 (3). In the event that the boundaries of the
12district as originally proposed are changed at the election, provided for by s. 198.06,
13and approved by the commission pursuant to s. 198.06 (5), the commission shall
14make
such adjustments in the boundaries of the subdistricts
as may be that are 15necessary to comply with s. 198.07.
Note: Replaces word form of number with digits.
AB971, s. 111
16Section
111. 198.06 (5) of the statutes is renumbered 198.06 (5) (a) and
17amended to read:
AB971,61,2218
198.06
(5) (a) The board of canvassers shall cause a certified copy of the order
19declaring the result of the election to be filed in the office of the secretary of state.
20A certified copy of the order shall also be filed with the clerk of each municipality
21included in the district, with the county clerk, and with the
public service 22commission.
In case
AB971,62,13
1(b) If the district as finally constituted comprises a smaller area than originally
2proposed
, because of the failure of one or more municipalities to approve the district
3at the election,
then, within 10 days following the filing under par. (a) with the
4commission, the commission shall
, within 10 days following the filing of the order
5under par. (a) with the commission, file its approval or disapproval of the district as
6created by the election with the secretary of state, the clerk of each municipality
7included in the district and the county clerk.
In such case, from and after If the
8commission approves, upon the filing
by the commission of the approval the creation
9and incorporation of the district shall be
deemed
considered complete
, or. If the
10commission disapproves, the district shall be
deemed considered dissolved
, as the.
11Except as provided in par. (c), the approval or disapproval of the commission shall
12determine, and in the case of municipal water districts created under s. 198.22, be
13final.
AB971,62,18
14(c) In the case of municipal water districts created under s. 198.22, the approval
15or disapproval of the commission shall be final unless objection
thereto to the
16commission's decision is made to the
public service commission by one or more of the
17governing bodies of the municipalities which would otherwise be included in the
18district.
AB971,62,22
19(d) If a district has been approved by all
of the municipalities within the district
20as proposed, the creation and incorporation of the district shall be
deemed considered 21complete
from and after upon the filing of the result of the election with the secretary
22of state by the board of canvassers.
Note: Subdivides provision, breaks up long sentences, inserts specific references,
and replaces, reorders and simplifies language for greater readability and conformity
with current style.
AB971, s. 112
23Section
112. 198.06 (6) of the statutes is amended to read:
AB971,63,10
1198.06
(6) Expenses of election, payment. All amounts properly incurred and
2actually expended by any municipality
or the clerk thereof in publishing notices of
3any
primary or election, in employing persons to conduct the election or in
4performing other duties imposed upon the municipality or upon the clerk
thereof of
5the municipality by any provision of this chapter shall be paid as other similar
6expenses of the municipality are paid and shall be a charge in favor of the
7municipality against the district to be repaid, together with interest thereon at the
8rate of 6% per year, upon the presentation of proper vouchers
therefor for the charges 9by the clerk of the municipality to the district, when and as the district has funds
10available for that purpose.
Note: Inserts specific references and deletes unnecessary phrase. Deletes
"primary" as that term is not used elsewhere in ch. 198.