FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 812.17 — WI Code / Chapter 812 / Section 812.17
Impleader.
Status: in_force

When the answer of the garnishee discloses that any 3rd person claims the debt or property in the garnishee’s hands and the name and residence of such claimant the court may order that such claimant be impleaded as a defendant in the garnishment action and that notice thereof, setting forth the facts, with a copy of such order and answer be served upon the 3rd-person claimant, and that after such service is made the garnishee may pay or deliver to the officer or the clerk such debt or property and have a receipt therefor, which shall be a complete discharge from all liability for the amount so paid or property so delivered. Such notice shall be served as required for service of a summons. Upon such service being made such claimant shall be deemed a defendant in the garnishee action, and within 20 days shall answer setting forth the claimant’s claim or any defense that the garnishee might have made.

History: Sup. Ct. Order, 67 Wis. 2d 585, 759 (1975); Stats. 1975 s. 812.17; 1993 a. 486 ; 2007 a. 97 .
Wis. Stat. § 814.75 — WI Code / Chapter 814 / Section 814.75
Court-imposed surcharges.
Status: in_force

The following surcharges shall be imposed by the court, in addition to the fine or forfeiture and costs and fees imposed under this chapter, if applicable:

(1d) The bisphenol A surcharge under s. 100.335 .

(1g) The commercial fish protection surcharge under s. 29.984 .

(1j) The child pornography surcharge under s. 973.042 .

(1m) The consumer information surcharge under s. 100.261 .

(2) The court support services surcharge under s. 814.85 .

(3) The crime laboratories and drug law enforcement surcharge under s. 165.755 .

(5) The crime victim and witness surcharge under s. 973.045 .

(6) The delinquency victim and witness surcharge under s. 938.34 (8d) (a) .

(7) The deoxyribonucleic acid analysis surcharge under s. 973.046 (1r) .

(8) The domestic abuse surcharge under s. 971.37 (1m) (c) 1. or 973.055 .

(8m) The global positioning system tracking surcharge under s. 971.37 (1m) (c) 1. or 973.057 .

(8r) The crime prevention funding board surcharge under s. 973.0455 .

(9) The driver improvement surcharge under s. 346.655 .

(9g) The safe ride program surcharge under s. 346.657 .

(9m) The ignition interlock surcharge under s. 343.301 (5) .

(10) The drug abuse program improvement surcharge under s. 961.41 (5) .

(11) The drug offender diversion surcharge under s. 973.043 .

(12) The environmental surcharge under s. 299.93 .

(12n) The fishing net removal surcharge under s. 29.991 .

(13) The fishing shelter removal surcharge under s. 29.985 .

(13m) The Great Lakes resource surcharge under s. 29.9905 .

(14) The jail surcharge under s. 302.46 (1) .

(15) The justice information system surcharge under s. 814.86 (1) .

(16) The natural resources surcharge under s. 29.987 or 169.46 (1) .

(17) The natural resources restitution surcharge under s. 29.989 or 169.46 (2) .

(18) The penalty surcharge under s. 757.05 .

(19) The railroad crossing improvement surcharge under s. 346.177 , 346.495 , or 346.65 (4r) .

(20) The restitution surcharge under s. 973.06 (1) (g) or 973.20 (11) (a) .

(21) The snowmobile registration restitution surcharge under s. 350.115 .

(22) The special prosecution clerks surcharge under s. 814.86 (1m) .

(22m) The supplemental food enforcement surcharge under s. 253.06 (4) (c) .

(23) The truck driver education surcharge under s. 349.04 .

(24) The uninsured employer surcharge under s. 102.85 (4) .

(24m) The work injury supplemental benefit fund surcharge under s. 102.35 (1) .

(25) The weapons surcharge under s. 167.31 (5) .

(26) The wild animal protection surcharge under s. 29.983 .

(27) The wildlife violator compact surcharge under s. 29.99 .

History: 2003 a. 139 ; 2005 a. 25 , 172 , 282 , 288 ; 2005 a. 433 ss. 11 to 12 ; 2007 a. 20 , 84 , 97 ; 2009 a. 28 , 100 , 145 ; 2011 a. 266 ; 2013 a. 20 ; 2015 a. 55 .
Wis. Stat. § 616.06 — WI Code / Chapter 616 / Section 616.06
Continuation of existing school benefit plans.
Status: in_force

A plan directed by schools or school authorities in this state, which was organized under s. 185.991 , 1977 stats., prior to May 11, 1980 and is operating on a nonprofit basis without capital stock, may continue to operate under this subchapter, if its purpose is exclusively to provide benefits for accidental injury to or accidental death of pupils attending the school.

History: 1979 c. 261 .
Wis. Stat. § 895.449 — WI Code / Chapter 895 / Section 895.449
Action for loss caused by failure to pay for gasoline or diesel fuel.
Status: in_force

(1) In this section:

(a) “Association” means a membership organization whose membership is composed of retail businesses that sell gasoline or diesel fuel.

(b) “Fuel retailer” means a person who suffers a loss as the result of a violation of s. 943.21 (1m) (d) .

(c) “Vehicle owner” means a person who holds the legal title of the vehicle that received gasoline or diesel fuel involved in a violation of s. 943.21 (1m) (d) .

(2) Any fuel retailer has a cause of action against a vehicle owner whose vehicle was involved in a violation of s. 943.21 (1m) (d) . The fuel retailer may provide an association with an affidavit specifying the time and date that the violation occurred, the registration plate number of the vehicle that received the gasoline or diesel fuel, and the retail value of gasoline or diesel fuel involved in the violation.

(3) Upon receipt by an association of an affidavit under sub. (2) , that association may obtain from the department of transportation, based on the registration plate number of the motor vehicle that received the gasoline or diesel fuel in violation of s. 943.21 (1m) (d) , identifying information regarding the owner of that motor vehicle and may forward the identifying information to the person who provided the affidavit under sub. (2) .

(4) The fuel retailer may send a letter by 1st class mail to the vehicle owner at the address obtained under sub. (3) , requesting payment of the amount owed for the unpaid gasoline or diesel fuel, plus a service fee that does not exceed $30. The letter shall include the time and date of the violation, the registration plate number of the vehicle that received the gasoline or diesel fuel, and a statement that if the vehicle owner fails to pay the amount demanded within 30 days of receipt of the letter, the fuel retailer may commence a court action to collect that amount. If a vehicle owner fails to make the payment owed within 30 days of his or her receipt of the letter, the fuel retailer may commence an action in circuit court to collect the amount demanded.

(5) If the fuel retailer prevails in an action brought under this section, the fuel retailer shall be entitled to the amount of the loss incurred, the $30 service fee, and court costs.

History: 2011 a. 186 .
Wis. Stat. § 15.193 — WI Code / Chapter 15 / Section 15.193
Same; specified divisions.
Status: in_force

(1) Office of the inspector general. There is created in the department of health services an office of the inspector general.

History: 2013 a. 20 .
Wis. Stat. § 403.118 — WI Code / Chapter 403 / Section 403.118
Statute of limitations.
Status: in_force

(1) Except as provided in sub. (5) , an action to enforce the obligation of a party to pay a note payable at a definite time shall be commenced within 6 years after the due date or dates stated in the note or, if a due date is accelerated, within 6 years after the accelerated due date.

(2) Except as provided in sub. (4) or (5) , if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note shall be commenced within 6 years after the demand. If no demand for payment is made to the maker, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of 10 years.

(3) Except as provided in sub. (4) , an action to enforce the obligation of a party to an unaccepted draft to pay the draft shall be commenced within 3 years after dishonor of the draft or 10 years after the date of the draft, whichever period expires first.

(4) An action to enforce the obligation of the acceptor of a certified check or the issuer of a teller’s check, cashier’s check or traveler’s check shall be commenced within 3 years after demand for payment is made to the acceptor or issuer, as the case may be.

(5) An action to enforce the obligation of a party to a certificate of deposit to pay the instrument shall be commenced within 6 years after demand for payment is made to the maker, but if the instrument states a due date and the maker is not required to pay before that date, the 6-year period begins when a demand for payment is in effect and the due date has passed.

(6) An action to enforce the obligation of a party to pay an accepted draft, other than a certified check, shall be commenced within 6 years after the due date or dates stated in the draft or acceptance if the obligation of the acceptor is payable at a definite time or shall be commenced within 6 years after the date of the acceptance if the obligation of the acceptor is payable on demand.

(7) Unless governed by other law regarding claims for indemnity or contribution, an action for conversion of an instrument, for money had and received, or like action based on conversion, an action for breach of warranty or an action to enforce an obligation, duty or right arising under this chapter and not governed by this section shall be commenced within 3 years after the cause of action accrues.

History: 1995 a. 449 .
Wis. Stat. § 322.113 — WI Code / Chapter 322 / Section 322.113
Article 113 — Misbehavior of sentinel.
Status: in_force

Any sentinel or look-out who is found drunk or sleeping upon his or her post or leaves it before being regularly relieved, shall be punished, if the offense is committed in time of war, by confinement of not more than 10 years or other punishment as a court-martial may direct, but if the offense is committed at any other time, by punishment as a court-martial may direct.

History: 2007 a. 200 .
Wis. Stat. § 347.47 — WI Code / Chapter 347 / Section 347.47
Drawbars, trailer hitches and mobile home couplings.
Status: in_force

(1) No person shall operate a vehicle towing or drawing another vehicle or vehicles on a highway if the drawbar or other connection between any 2 vehicles exceeds 12 feet in length.

(2) No person shall operate a motor vehicle drawing a trailer, semitrailer, recreational vehicle, or mobile home upon a highway unless the hitch and coupling attaching the trailer, semitrailer, recreational vehicle, or mobile home to the vehicle by which it is drawn is of such construction as to cause such trailer, semitrailer, recreational vehicle, or mobile home to follow in direct line with the propelling vehicle without dangerous side swing or wobble. The hitch and coupling, the surface to which they are attached, and the connections, shall be of sufficient strength to prevent failure under all conditions of operation. The hitch is that part of the connecting mechanism, including the coupling platform and its attaching members or weldments, which is attached to the towing vehicle. The coupling is that part of the connecting mechanism, including the coupling and its attaching members or weldments, which is attached to the trailer, recreational vehicle, or mobile home and by which connection is made to the hitch. If a device is used between the trailer proper and the coupling such as a pole, such device shall also meet the requirements of this section.

(3) In addition to the hitch and coupling specified in sub. (2) , every towed vehicle shall be coupled to the towing vehicle by means of safety chains, leveling bars or cables. This requirement does not apply to a semitrailer having a connecting device composed of a 5th wheel and kingpin assembly, nor to a pole or pipe dolly. The safety chains, leveling bars or cables shall have only the necessary slack to permit proper turning and safety chains or cables shall be so connected to the towed and towing vehicle to prevent the drawbar from dropping to the ground if the hitch or coupling disengages. Two separate lengths of safety chain, leveling bars or cable shall be required on all trailers and mobile homes; however, the department may authorize use of such other appropriate equipment or methods approved by nationally recognized organizations which recommend safety standards for motor vehicles.

(4) Trailer, semitrailer, recreational vehicle, and mobile home couplings and the safety chains, leveling bars or cables shall be of such minimum strength, design and type as established by published rule of the department.

History: 1971 c. 88 ; 1977 c. 29 s. 1654 (7) (e) ; 1979 c. 34 ; 2007 a. 11 .
Wis. Stat. § 20.909 — WI Code / Chapter 20 / Section 20.909
Abandoned, lost or escheated property.
Status: in_force

(1) Lost or abandoned property. Except as provided in s. 170.12 , any personal property lost or abandoned in any building or on any lands belonging to the state and unclaimed for a period of 60 days may be returned to the person finding the same or may be sold at private or public sale by the state agency having charge of the place where such personal property is found. All receipts from such sales, after deducting the necessary expenses of keeping such property and selling the same, shall be paid promptly into the state treasury and credited to the school fund.

(2) Escheated property. The secretary of revenue may sell either at public or private sale any personal property turned over to the secretary as an escheat. The proceeds of any such sale shall become a part of the school fund, and shall be subject to refund as specified by the provision of law pursuant to which the property escheated.

History: 1991 a. 206 , 316 ; 2013 a. 20 .
Wis. Stat. § 101.589 — WI Code / Chapter 101 / Section 101.589
Extended time periods; exceptions.
Status: in_force

(1) If an employer has not obtained the information required to be provided under ss. 101.583 (2) (a) and 101.585 (1) at the time of a request made under s. 101.583 (2) (a) or 101.585 (1) , the employer shall provide the information within 30 days after the request, exclusive of weekends and legal holidays.

(2) If a toxic substance was present in the workplace at any time on or after December 1, 1982, but is not present in the workplace when a request is made under s. 101.583 (2) (a) , the employer shall provide the information within 30 days after the request, exclusive of weekends and legal holidays.

(3) An employer who has requested from the manufacturer or supplier of a toxic substance or from the supplier of an infectious agent any information required to be provided under s. 101.583 (2) (a) or 101.585 (1) , but who has not received and does not already have that information, is not required to provide the information but shall notify any requesting employee or employee representative that the employer has requested, has not received and does not otherwise have the information.

History: 1981 c. 364 ; 1981 c. 391 s. 210 .
Wis. Stat. § 139.02 — WI Code / Chapter 139 / Section 139.02
Fermented malt beverages tax.
Status: in_force

(1) Tax imposed; rate; limitation. An occupational tax is imposed upon the removal for consumption or sale or selling of fermented malt beverages at the rate of $2 per barrel of 31 gallons and at a proportionate rate for any other quantity or fractional parts thereof. Not more than one occupational tax shall be required to be paid on any one container of fermented malt beverages.

(2) Tax credit to eligible producers.

(a) Each eligible producer shall receive a credit in the amount of 50 percent of the tax paid or payable by the producer under this section in any given calendar year on the first 50,000 barrels taxed under this section in that year.

(b) In this section “eligible producer” means any producer of fermented malt beverages, whether or not located in this state, producing less than 300,000 barrels of fermented malt beverages in the calendar year for which credit under par. (a) is claimed. In determining the number of barrels, all brands or labels of a producer shall be combined. All facilities for the production of fermented malt beverages owned or controlled by the same person shall be deemed a single producer.

History: 1973 c. 256 ; 1977 c. 203 .
Wis. Stat. § 181.0840 — WI Code / Chapter 181 / Section 181.0840
Officers.
Status: in_force

(1) Principal officers. Unless otherwise provided in the articles of incorporation or bylaws, a corporation shall have a president, a secretary, a treasurer and such other officers as are appointed by the board.

(2) Assistant officers. A duly appointed officer may appoint one or more officers or assistant officers if authorized by the bylaws or the board.

(3) Multiple offices. The same individual may simultaneously hold more than one office in a corporation.

History: 1997 a. 79 .
Wis. Stat. § 66.0711 — WI Code / Chapter 66 / Section 66.0711
Discount on cash payments for public improvements.
Status: in_force

(1) In this section:

(a) “Local governmental unit” has the meaning given in s. 66.0713 (1) (c) .

(b) “Public improvement” has the meaning given in s. 66.0713 (1) (d) .

(2) Every bid received for any public improvement which is not to be paid wholly in cash shall contain a provision that all payments made in cash by the local governmental unit as provided by contract or made on special assessments are subject to a specified rate of discount. The treasurer of the local governmental unit shall issue a receipt for every payment made on any special assessment, stating the date and amount of the cash payment, the discount and the total credit including the discount on a specified special assessment. The treasurer shall on the same day deliver a duplicate of the receipt to the clerk, who shall credit the specified assessments accordingly. All moneys so received shall be paid to the contractor as provided by the contract.

History: 1999 a. 150 ss. 202 , 507 , 508 .
Wis. Stat. § 87.305 — WI Code / Chapter 87 / Section 87.305
Use of certain facilities on St. Feriole island.
Status: in_force

(1) Department approval. Notwithstanding s. 87.30 or any rule promulgated, order issued or ordinance adopted under that section, the department shall authorize the connection of a sanitary sewer line from the sewerage treatment plant in the city of Prairie du Chien and connection of the public water system of the city of Prairie du Chien to the railroad depot and the Dousman hotel on St. Feriole island and shall authorize historic use of the Dousman hotel as a hotel, as defined under s. 97.01 (7) , if all of the following conditions are met:

(a) The department approves the developer’s plans and specifications for floodproofing the railroad depot and the Dousman hotel.

(b) The department approves the city of Prairie du Chien’s flood warning system and emergency evacuation plan and the city of Prairie du Chien agrees to test the evacuation plan at least once each year.

(c) The department informs the U.S. army corps of engineers, the department of transportation, the division of emergency management and the state historical society of its intention to authorize connection of sewer service and a water system to the railroad depot and the Dousman hotel and occupancy of the hotel and either:

1. Those agencies do not object within 30 days after receiving a copy of the notice; or

2. Any objections of those agencies are resolved in negotiations between those agencies, the city of Prairie du Chien and the developer.

(d) The state historic preservation officer reviews the developer’s plans for preservation or rehabilitation of the Dousman hotel and certifies that the preservation or rehabilitation will be consistent with the standards used by the U.S. secretary of the interior to certify rehabilitations under 26 USC 47 (c) (2).

(2) Revocation of approval. The department may revoke the approval granted under sub. (1) if any of the following occur:

(a) A floodproofing and flood warning system are not constructed substantially as designed in the plans and specifications approved by the department under sub. (1) (a) .

(b) The owner or operator of the railroad depot and the Dousman hotel fails to maintain the floodproofing system substantially as designed in the plans and specifications approved by the department under sub. (1) (a) .

(c) The city of Prairie du Chien fails to maintain the flood warning system and to test the emergency evacuation plan at least once each year.

(d) The state historic preservation officer determines that the preservation or rehabilitation of the Dousman hotel is not consistent with the standards used by the U.S. secretary of the interior to certify rehabilitations under 26 USC 47 (c) (2).

History: 1987 a. 282 ; 1993 a. 27 ; 1995 a. 27 , 247 , 378 ; 1997 a. 252 ; 2015 a. 55 .
Wis. Stat. § 322.012 — WI Code / Chapter 322 / Section 322.012
Article 12 — Confinement with enemy prisoners prohibited.
Status: in_force

No member of a state military force may be placed in confinement in immediate physical association with enemy prisoners or other foreign nationals not members of the armed forces.

History: 2007 a. 200 .
Wis. Stat. § 221.0627 — WI Code / Chapter 221 / Section 221.0627
Mandatory indemnification.
Status: in_force

(1) When successful in defense of a proceeding. A bank shall indemnify a director or officer, to the extent that he or she has been successful on the merits or otherwise in the defense of a proceeding, for all reasonable expenses incurred in the proceeding if the director or officer was a party because he or she is a director or officer.

(2) When unsuccessful in defense of a proceeding.

(a) In cases not included under sub. (1) , a bank shall indemnify a director or officer against liability incurred by the director or officer in a proceeding to which the director or officer was a party because he or she is a director or officer, unless liability was incurred because the director or officer breached or failed to perform a duty that he or she owes to the bank and the breach or failure to perform constitutes any of the following:

1. A willful failure to deal fairly with the bank or its shareholders in connection with a matter in which the director or officer has a material conflict of interest.

2. A violation of a criminal law, unless the director or officer had reasonable cause to believe that his or her conduct was lawful or had no reasonable cause to believe that his or her conduct was unlawful.

3. A transaction from which the director or officer derived an improper personal profit.

4. Willful misconduct.

(b) Determination of whether indemnification is required under this subsection shall be made under s. 221.0631 .

(c) The termination of a proceeding by judgment, order, settlement or conviction, or upon a plea of no contest or an equivalent plea, does not, by itself, create a presumption that indemnification of the director or officer is not required under this subsection.

(3) How indemnification may be sought. A director or officer who seeks indemnification under this section shall make a written request to the bank.

(4) Limits on mandatory indemnification.

(a) Indemnification under this section is not required to the extent limited by the articles of incorporation under s. 221.0628 .

(b) Indemnification under this section is not required if the director or officer has previously received indemnification or allowance of expenses from any person, including the bank, in connection with the same proceeding.

(c) Indemnification under this section is not required to the extent expressly prohibited by other provisions of this chapter, ch. 220 or applicable federal law or in connection with an administrative proceeding or action instituted under ch. 220 which results in a final order against the officer or director under s. 220.04 (4) , (9) or (10) .

History: 1995 a. 336 .