FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 28.01 — WI Code / Chapter 28 / Section 28.01
§ 28.01. Forestry supervision.
Status: in_force

The department shall execute all matters pertaining to forestry within the jurisdiction of the state, direct the management of state forests, collect data relative to forest use and conditions and advance the cause of forestry within the state.
Wis. Stat. § 701.0502 — WI Code / Chapter 701 / Section 701.0502
Spendthrift provision.
Status: in_force

(1) A spendthrift provision is valid only if any of the following applies:

(a) The beneficiary is a person other than the settlor and is not treated as the settlor under s. 701.0505 (2) .

(b) The trust is a trust for an individual with a disability.

(2) Subject to sub. (1) , a term of a trust providing that the interest of a beneficiary is held subject to a spendthrift trust, or words of similar import, restrains both a voluntary and involuntary transfer of the beneficiary’s interest.

(3) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in this subchapter, a creditor or assignee of the beneficiary may not attach, garnish, execute on, or otherwise reach the interest or a distribution by the trustee before its receipt by the beneficiary.

(4) Real property or tangible personal property that is owned by the trust but that is made available for a beneficiary’s occupancy or use in accordance with the trustee’s authority under the trust instrument may not be considered to have been distributed by the trustee or received by the beneficiary for purposes of allowing a creditor or assignee of the beneficiary to reach the property.

History: 2013 a. 92 .
Wis. Stat. § 16.415 — WI Code / Chapter 16 / Section 16.415
Certification of payrolls.
Status: in_force

(1) Neither the secretary nor any other fiscal officer of this state may draw, sign, or issue, or authorize the drawing, signing, or issuing of any warrant on any disbursing officer of the state to pay any compensation to any person in the classified service of the state unless an estimate, payroll, or account for such compensation, containing the names of every person to be paid, bears the certificate of the appointing authority that each person named in the estimate, payroll, or account has been appointed, employed, or subject to any other personnel transaction in accordance with, and that the pay for the person has been established in accordance with, the law, compensation plan, or applicable collective bargaining agreement, and applicable rules of the administrator of the division of personnel management in the department and the director of the bureau of merit recruitment and selection in the department then in effect.

(2) Any person entitled to be certified as described in sub. (1) , as having been appointed or employed in pursuance of law and of the rules pursuant thereto, and refused such certificate, may maintain an action of mandamus to compel the appointing authority to issue such certificate.

(3) Any sums paid contrary to this section may be recovered from any appointing authority making such appointments in contravention of law or of the rules promulgated pursuant thereto, or from any appointing authority signing or countersigning or authorizing the signing or countersigning of any warrant for the payment of the same, or from the sureties on the official bond of any such appointing authority, in an action in the circuit court for any county within the state, maintained by the administrator of the division of personnel management in the department, or by a citizen resident therein, who is assessed for, and liable to pay, or within one year before the commencement of the action has paid, a state, city or county tax within this state. All moneys recovered in any action brought under this section when collected, shall be paid into the state treasury except that if a citizen taxpayer is plaintiff in any such action he or she shall be entitled to receive for personal use the taxable cost of such action and 5 percent of the amount recovered as attorney fees.

History: 1971 c. 270 ss. 67 , 68 ; 1973 c. 12 ; 1977 c. 196 ss. 63 , 65 , 130 (5) , 131 ; 1977 c. 272 s. 98 ; 1977 c. 273 ; 1983 a. 27 ; 1985 a. 332 s. 251 (1) ; 1989 a. 31 ; 2003 a. 33 ss. 169 to 171 , 9160 ; 2003 a. 320 ; 2015 a. 55 .
Wis. Stat. § 66.0423 — WI Code / Chapter 66 / Section 66.0423
Transient merchants.
Status: in_force

(1) In this section:

(a) “Sale of merchandise” includes a sale in which the personal services rendered upon or in connection with the merchandise constitutes the greatest part of value for the price received, but does not include a farm auction sale conducted by or for a resident farmer of personal property used on the farm or the sale of produce or other perishable products at retail or wholesale by a resident of this state.

(b) “Transient merchant” means a person who engages in the sale of merchandise at any place in this state temporarily and who does not intend to become and does not become a permanent merchant of that place.

(2) Cities and villages, and towns not subject to an ordinance enacted under s. 59.55 (4) , may, by ordinance, regulate the retail sales, other than auction sales, made by transient merchants and provide penalties for violations of those ordinances.

History: 1989 a. 301 , 359 ; 1999 a. 150 ss. 110 , 250 , 251 ; Stats. 1999 s. 66.0423.
Wis. Stat. § 440.79 — WI Code / Chapter 440 / Section 440.79
Deliveries of cremated remains.
Status: in_force

A crematory authority may deliver cremated remains to another person only by making the delivery in person or by using a delivery service that has a system for tracking the delivery. The crematory authority shall obtain a signed receipt from the person to whom the cremated remains are delivered. The crematory authority shall ensure that the receipt includes all of the following:

(1) The name of the decedent.

(2) The date and time that the cremated remains were delivered.

(3) The name and signature of the person to whom the cremated remains were delivered and the name of the funeral establishment or other business entity, if any, with which the person is affiliated.

(4) The name and signature of the person who delivered the cremated remains on behalf of the crematory authority.

History: 2005 a. 31 , 254 .
Wis. Stat. § 867.07 — WI Code / Chapter 867 / Section 867.07
Grounds for appointment of special administrator.
Status: in_force

Whenever it appears by petition to the court that a person has died and the court would have jurisdiction for the administration of the person’s estate, the court may appoint a special administrator if it appears that:

(1) There is no estate to be administered and an act should be performed on the part of the decedent, the performance of which affects or is of importance to the petitioner or any other person.

(2) The final judgment of distribution in the estate has been entered and an act remains unperformed in the estate, or that unadministered assets have been found or may be found belonging to the estate.

(3) The estate can be settled under s. 867.01 or 867.02 .

(4) It is necessary to conserve or administer the estate of a decedent before letters can be issued to a personal representative.

(5) Circumstances provided for in s. 867.05 (5) and (6) exist.

(6) A cause of action exists for or against the decedent or the decedent’s estate and that it is necessary that some act be performed before letters can be issued to a personal representative.

(7) Other circumstances exist which in the discretion of the court require the appointment of a special administrator.

History: 1971 c. 307 s. 118 ; 1977 c. 449 ; 1987 a. 27 s. 3202 (47) (a) ; 1993 a. 486 .
Wis. Stat. § 70.84 — WI Code / Chapter 70 / Section 70.84
Inequalities may be corrected in subsequent year.
Status: in_force

If any such reassessment cannot be completed in time to take the place of the original assessment made in such district for said year, the clerk of the district shall levy and apportion the taxes for that year upon the basis of the original assessment roll, and when the reassessment is completed the inequalities in the taxes levied under the original assessment shall be remedied and compensated in the levy and apportionment of taxes in such district next following the completion of said reassessment in the following manner: Each tract of real estate, and, as to personal property assessments made before January 1, 2024, each taxpayer, whose tax shall be determined by such reassessment to have been relatively too high, shall be credited a sum equal to the amount of taxes charged on the original assessment in excess of the amount which would have been charged had such reassessment been made in time; and each tract of real estate, and, as to personal property assessments made before January 1, 2024, each taxpayer, whose tax shall be determined by such reassessment to have been relatively too low, shall be charged, in addition to all other taxes, a sum equal to the difference between the amount of taxes charged upon such unequal original assessment and the amount which would have been charged had such reassessment been made in time. The department of revenue, or its authorized agent, shall at any time have access to all assessment and tax rolls herein referred to for the purpose of assisting the local clerk and in order that the results of the reassessment may be carried into effect.

History: 2023 a. 12 .
Wis. Stat. § 770.12 — WI Code / Chapter 770 / Section 770.12
Terminating a domestic partnership.
Status: in_force

(1)

(a) A domestic partner may terminate the domestic partnership by filing a completed notice of termination of domestic partnership form with the county clerk who issued the declaration of domestic partnership and paying the fee under s. 770.17 . The notice must be signed by one or both domestic partners and notarized.

(b) If the notice under par. (a) is signed by only one of the domestic partners, that individual must also file with the county clerk an affidavit stating either of the following:

1. That the other domestic partner has been served in writing, in the manner provided under s. 801.11 , that a notice of termination of domestic partnership is being filed with the county clerk.

2. That the domestic partner seeking termination has been unable to locate the other domestic partner after making reasonable efforts and that notice to the other domestic partner has been made by publication as provided in sub. (2) .

(2) If a domestic partner who is seeking to terminate the domestic partnership is unable to find the other domestic partner after making reasonable efforts, the domestic partner seeking termination may provide notice by publication in a newspaper of general circulation in the county in which the residence most recently shared by the domestic partners is located. The notice need not be published more than one time.

(3) Upon receiving a completed, signed, and notarized notice of termination of domestic partnership, the affidavit under sub. (1) (b) if required, and the fee under s. 770.17 , the county clerk shall issue to the domestic partner filing the notice of termination a certificate of termination of domestic partnership. The domestic partner shall submit the record of termination of domestic partnership to the register of deeds of the county in which the declaration of domestic partnership is recorded. The register of deeds shall record the record and forward the original to the state registrar of vital records.

(4)

(a) Except as provided in par. (b) , the termination of a domestic partnership is effective 90 days after the certificate of termination of domestic partnership is recorded under sub. (3) .

(b) If a party to a domestic partnership enters into a marriage that is recognized as valid in this state, the domestic partnership is automatically terminated on the date of the marriage.

History: 2009 a. 28 ; 2017 a. 334 .
Wis. Stat. § 139.092 — WI Code / Chapter 139 / Section 139.092
Audits; additional assessments; refunds.
Status: in_force

Sections 71.74 (1) , (2) , (10) , (11) , (13) and (14) , 71.75 (2) , (4) to (7) and (10) , 71.77 and 71.80 (12) as they apply to the taxes under ch. 71 apply to the taxes under this subchapter, except that the period during which notice of an additional assessment shall be given begins on the due date of the report under this subchapter.

History: 1985 a. 120 ; 1987 a. 399 ; 1991 a. 39 ; 1993 a. 205 ; 1995 a. 408 .
Wis. Stat. § 145.09 — WI Code / Chapter 145 / Section 145.09
State comity.
Status: in_force

(1m) Any person may be accepted for examination for the appropriate classification of license without submitting evidence required under s. 145.07 , if:

(a) The person holds a current license under the laws of any other state, or under the ordinances of any city, town or village, having license provisions governing plumbers that the department determines are equivalent to the requirements of this chapter; or

(b) The person has practical experience in plumbing in another state that the department determines is equivalent to the experience required under this chapter.

(2m) The department shall accept for a journeyman plumber’s examination a person to whom all of the following apply:

(a) The person completed a plumbing apprenticeship under s. 106.025 or under the laws of any other state.

(b) The person passed a journeyman plumber’s examination in any other state.

(c) The person has practiced for at least 5 years under a journeyman plumber’s license or equivalent license issued by another state having licensure provisions governing plumbers that the department determines are substantially similar to the requirements under this chapter and the rules promulgated under this chapter, and the person has not been the subject of any disciplinary actions related to that license or any other equivalent license.

History: 1981 c. 60 ; 2017 a. 59 .
Wis. Stat. § 172.015 — WI Code / Chapter 172 / Section 172.015
Livestock on highways; penalty.
Status: in_force

No livestock shall run at large on a highway at any time except to go from one farm parcel to another. If the owner or keeper of livestock knowingly permits livestock to run at large on a highway, except when going from one farm parcel to another, and after notice by any peace officer fails to remove the livestock from the highway, the owner or keeper may be fined not more than $200.

History: 1993 a. 482 ; 1997 a. 254 .
Wis. Stat. § 150.84 — WI Code / Chapter 150 / Section 150.84
Definitions.
Status: in_force

In this subchapter:

(1) “Cooperative agreement” means an agreement between 2 health care providers or among more than 2 health care providers for the sharing, allocation or referral of patients; or the sharing or allocation of personnel, instructional programs, support services and facilities, medical, diagnostic or laboratory facilities or procedures or other services customarily offered by health care providers.

(2) “Health care facility” means a facility, as defined in s. 647.01 (4) , or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center or other place licensed or approved by the department under s. 49.70 , 49.71 , 49.72 , 50.02 , 50.03 , 50.35 , 51.08 or 51.09 or a facility under s. 45.50 , 51.05 , 51.06 , 233.40 , 233.41 , 233.42 or 252.10 .

(3) “Health care provider” means any person licensed, registered, permitted or certified by the department or by the department of safety and professional services to provide health care services in this state.

(4) “Health maintenance organization” has the meaning given in s. 609.01 (2) .

(5) “Preferred provider plan” has the meaning given in s. 609.01 (4) .

History: 1991 a. 250 ; 1993 a. 27 ; 1995 a. 27 ; 1997 a. 35 ; 1999 a. 9 ; 2005 a. 22 ; 2011 a. 32 .
Wis. Stat. § 342.09 — WI Code / Chapter 342 / Section 342.09
When department to issue certificate and to whom; maintenance of records.
Status: in_force

(1)

(a) The department shall maintain a record of each application for certificate of title received by it and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue and, except as provided in par. (b) , deliver a certificate to the owner of the vehicle.

(b) If there is a perfected security interest in a vehicle, the department shall deliver the certificate of title to the secured party having the primary perfected security interest in the vehicle.

(2) The department shall maintain a record of all applications and all certificates of title issued by it:

(a) According to title number.

(b) According to engine or identification number.

(c) Alphabetically, according to name of owner.

(d) In any other manner which the department determines to be desirable.

(3) The department shall charge a fee of not less than $2 for conducting a file search of vehicle title records.

(4)

(a) The department may maintain any certificate of title or other information required to be maintained under this section in an automated format and may consider any record maintained in an automated format under this paragraph to be the original and controlling record, notwithstanding the existence of any printed version of the same record.

(b) Records maintained by the department under this section are the official vehicle title records.

History: 1977 c. 29 s. 1654 (7) (a) ; 1979 c. 221 ; 1989 a. 31 ; 2009 a. 28 ; 2011 a. 32 .
Wis. Stat. § 632.66 — WI Code / Chapter 632 / Section 632.66
Annuity contracts without life contingencies.
Status: in_force

(1) The commissioner may by rule authorize insurers to issue annuity contracts which are without life contingencies. If the commissioner authorizes insurers to issue annuity contracts without life contingencies, the commissioner shall promulgate rules regulating those contracts.

(2)

(a) In this subsection, “funding agreement” means an annuity without life contingencies that is an agreement for an insurer to accept and accumulate funds and to make one or more payments at future dates in fixed or variable amounts, or both, that are not based on mortality or morbidity contingencies.

(b) A domestic insurer that holds a valid certificate of authority to transact the business of life insurance and annuities in this state may issue a funding agreement if all of the following conditions are met:

1. The domestic insurer’s board of directors, or an authorized committee of the board, approves the domestic insurer’s plan relating to funding agreements.

2. The commissioner determines that the issuance of funding agreements by the domestic insurer is not adverse to the interests of the policyholders of the domestic insurer, except that no determination from the commissioner is required if the domestic insurer has more than $200 billion in admitted assets. In making a determination under this subdivision, the commissioner shall consider the domestic insurer’s specific policy objective and strategies, investment and risk management guidelines, and aggregate maximum limits on the funding agreement business.

3. No amounts may be guaranteed or credited under the funding agreement except upon reasonable assumptions as to investment income and expenses and on a basis equitable to all holders of a given class of the funding agreement.

4. The domestic insurer complies with the form filing requirements under s. 631.20 with respect to the funding agreement.

(c) The issuance or delivery of a funding agreement by an insurer in this state shall constitute doing an insurance business herein.

(d) A domestic insurer may offer funding agreements directly through the domestic insurer and is not required to use licensed intermediaries when marketing funding agreements.

(e) Amounts paid to the domestic insurer, and proceeds applied under optional modes of settlement, under funding agreements may be allocated to one or more separate accounts pursuant to s. 611.24 .

(f) Notwithstanding ch. 551 , the commissioner has sole authority to regulate the issuance and sale of funding agreements, including the persons selling funding agreements on behalf of insurers.

(g) Notwithstanding s. 601.465 (1m) and subch. II of ch. 19 , any materials submitted to the commissioner pursuant to an approval under par. (b) 2. or pursuant to a request from the commissioner related to a funding agreement shall be held confidential pursuant to s. 601.465 (1n) .

(h) The commissioner may promulgate rules as necessary for the implementation of this subsection.

History: 1987 a. 247 ; 2021 a. 114 .
Wis. Stat. § 23.195 — WI Code / Chapter 23 / Section 23.195
Monona terrace project in Madison.
Status: in_force

(1) Beginning in fiscal year 1993-94 and ending in fiscal year 1995-96, from the appropriation under s. 20.866 (2) (tz) , the department shall set aside $1,000,000 in each fiscal year to be expended for the Frank Lloyd Wright Monona terrace project in the city of Madison to be expended as follows:

(a) The amount of $370,000 for a bicycle path that is part of the project.

(b) The amount of $2,630,000 for the following purposes:

1. Construction of a pedestrian bridge improving access to Lake Monona from the downtown area of the city.

2. Construction and development of a terrace and park in conjunction with the parking facility at the state office building located at 1 West Wilson Street authorized under 1991 Wisconsin Act 269 , section 9108 (1) (a) .

3. Other park or recreational construction and development associated with the project.

(2) The moneys expended from the appropriation under s. 20.866 (2) (tz) for the purposes specified in sub. (1) (b) 1. to 3. shall be limited to no more than 50 percent of the cost of the project that is for these purposes.

(4) If all of the money set aside under this section is not expended before July 1, 1998, the moneys set aside but not expended shall be treated by the department in the manner provided in s. 23.0915 (2g) .

History: 1991 a. 269 ; 1995 a. 27 .
Wis. Stat. § 448.86 — WI Code / Chapter 448 / Section 448.86
Issuance of certificate; expiration and renewal.
Status: in_force

(1) The department shall issue a certificate to each individual who is certified under this subchapter.

(2) The renewal dates for certificates granted under this subchapter, other than temporary certificates granted under s. 448.80 , are specified under s. 440.08 (2) (a) . Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a) .

History: 1993 a. 443 ; 1997 a. 175 ; 2007 a. 20 .
Wis. Stat. § 448.535 — WI Code / Chapter 448 / Section 448.535
Licensure of physical therapist assistants.
Status: in_force

(1) The examining board shall grant a license as a physical therapist assistant to a person who does all of the following:

(a) Submits an application for the license to the department on a form provided by the department.

(b) Pays the fee specified in s. 440.05 (1) .

(c) Subject to ss. 111.321 , 111.322 , and 111.335 , submits evidence satisfactory to the examining board that the applicant does not have an arrest or conviction record.

(d) Submits evidence satisfactory to the examining board that the applicant is a graduate of a physical therapist assistant educational program accredited by an agency that is approved by the examining board.

(e) Passes an examination under s. 448.54 .

(2) The examining board may waive a requirement under sub. (1) (d) or (e) , or both, for an applicant who establishes to the satisfaction of the examining board that he or she is licensed as a physical therapist assistant by another licensing jurisdiction in the United States. The examining board shall promulgate rules for granting a waiver under this subsection. The rules may require an applicant to satisfy additional requirements as a condition for granting a waiver.

History: 2001 a. 70 ; 2009 a. 149 .