FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 402.718 — WI Code / Chapter 402 / Section 402.718
Liquidation or limitation of damages; deposits.
Status: in_force

(1) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A term fixing unreasonably large liquidated damages is void as a penalty.

(2) Where the seller justifiably withholds delivery of goods because of the buyer’s breach, the buyer is entitled to restitution of any amount by which the sum of the buyer’s payments exceeds:

(a) The amount to which the seller is entitled by virtue of terms liquidating the seller’s damages in accordance with sub. (1) ; or

(b) In the absence of such terms, 20 percent of the value of the total performance for which the buyer is obligated under the contract or $500, whichever is smaller.

(3) The buyer’s right to restitution under sub. (2) is subject to offset to the extent that the seller establishes:

(a) A right to recover damages under this chapter other than sub. (1) ; and

(b) The amount or value of any benefits received by the buyer directly or indirectly by reason of the contract.

(4) Where a seller has received payment in goods their reasonable value or the proceeds of their resale shall be treated as payments for the purpose of sub. (2) ; but if the seller has notice of the buyer’s breach before reselling goods received in part performance, the seller’s resale is subject to the conditions laid down in s. 402.706 on resale by an aggrieved seller.

History: 1991 a. 316 ; 2009 a. 177 .
Wis. Stat. § 786.54 — WI Code / Chapter 786 / Section 786.54
Liability for neglect.
Status: in_force

If there is any neglect or misconduct in the proceedings of the guardian in relation to a sale, by which any person interested in the estate is damaged, the aggrieved party may recover in an action on the bond of the guardian or otherwise.

History: 1979 c. 32 s. 63 ; Stats. 1979 s. 786.54.
Wis. Stat. § 404.407 — WI Code / Chapter 404 / Section 404.407
Payer bank’s right to subrogation on improper payment.
Status: in_force

If a payer bank has paid an item over the order of the drawer or maker to stop payment, or after an account has been closed, or otherwise under circumstances giving a basis for objection by the drawer or maker, to prevent unjust enrichment and only to the extent necessary to prevent loss to the bank by reason of its payment of the item, the payer bank is subrogated to the rights of all of the following:

(1) Any holder in due course on the item against the drawer or maker.

(2) The payee or any other holder of the item against the drawer or maker either on the item or under the transaction out of which the item arose.

(3) The drawer or maker against the payee or any other holder of the item with respect to the transaction out of which the item arose.

History: 1995 a. 449 .
Wis. Stat. § 975.16 — WI Code / Chapter 975 / Section 975.16
Appeal from judgment of committing court.
Status: in_force

(1) If, under this chapter the court affirms an order of the department, the person whose liberty is involved may appeal to the proper appellate court for a reversal or modification of the order. The appeal shall be taken as provided by law for appeals to said court from the judgment of an inferior court.

(2) At the hearing of an appeal the appellate court may base its judgment upon the record, or it may upon its own motion or at the request of either the appellant or the department refer the matter back for the taking of additional evidence.

(3) The appellate court may confirm the order of the lower court, or modify it, or reverse it and order the appellant to be discharged.

(4) Pending appeal the appellant shall remain under the control of the department.
Wis. Stat. § 895.4802 — WI Code / Chapter 895 / Section 895.4802
Civil liability exemption; hazardous materials.
Status: in_force

(1) In this section:

(a) “Discharge” has the meaning given under s. 292.01 (3) .

(b) “Hazardous substance” has the meaning given under s. 299.01 (6) .

(c) “Hazardous substance prediction” means any declaration or estimate of the likely spread or impact of an actual discharge of a hazardous substance that is based on meteorological, mathematical, computer or similar models.

(d) “Hazardous substance predictor” means any person who makes a hazardous substance prediction pursuant to a contract or agreement with a public agency or pursuant to a contract or agreement with a person who possesses or controls hazardous substances for the purpose of assisting that person in supplying a public agency with a hazardous substance prediction in the event of an actual discharge of a hazardous substance.

(2) Any person is immune from civil liability for his or her good faith acts or omissions related to assistance or advice which the person provides relating to an emergency or a potential emergency regarding either of the following:

(a) Mitigating or attempting to mitigate the effects of an actual or threatened discharge of a hazardous substance.

(b) Preventing or cleaning up or attempting to prevent or clean up an actual or threatened discharge of a hazardous substance.

(3) The immunity under sub. (2) does not extend to any person:

(a) Whose act or omission causes in whole or in part the actual or threatened discharge and who would otherwise be liable for the act or omission;

(b) Who would be liable for the discharge under chs. 281 to 285 or 289 to 299 or any rule promulgated or permit or order issued under chs. 281 to 285 or 289 to 299 ;

(c) Whose act or omission constitutes gross negligence or involves reckless, wanton or intentional misconduct; or

(d) Who receives or expects to receive compensation, other than reimbursement for out-of-pocket expenses, for rendering the advice and assistance.

(4)

(a) Any hazardous substance predictor or any person who provides the technology to enable hazardous substance predictions to be made is immune from civil liability for his or her good faith acts or omissions in making that prediction or providing that technology.

(b) The good faith of any hazardous substance predictor or any person who provides the technology to make a prediction is presumed in any civil action. Any person who asserts that the acts or omissions under par. (a) were not made in good faith has the burden of proving that assertion by clear and convincing evidence.

(c) The immunity under par. (a) does not extend to any person described under sub. (3) (a) , (b) , or (c) .

History: 2005 a. 155 ss. 45 , 47 ; 2005 a. 347 s. 55 .
Wis. Stat. § 115.343 — WI Code / Chapter 115 / Section 115.343
Wisconsin school day milk program.
Status: in_force

(1) The department shall establish a school day milk program. A public, private, or tribal school participating in the program shall offer each eligible child one half-pint of Wisconsin-produced whole milk, 2 percent milk, 1.5 percent milk, one percent milk, 0.5 percent milk, skim milk or chocolate milk on each day in which school is in session. If a child is allergic to milk or has metabolic disorders or other conditions which prohibit him or her from drinking milk, the child shall be offered juice as a substitute. Any school that participates in the program is encouraged to consider bids from local milk suppliers. The school shall keep all information related to the identity of the pupils who receive a beverage under the program confidential. In this subsection, “Wisconsin-produced” means that all or part of the raw milk used by the milk processor was produced in this state. In this section, “public, private, or tribal school” includes a charter school under s. 118.40 (2r) or (2x) , the program under s. 115.52 , the center under s. 115.525 , or a residential care center for children and youth, as defined in s. 115.76 (14g) .

(2) A child who is enrolled in a school in prekindergarten classes to grade 5 is eligible to receive a beverage specified in sub. (1) if all of the following apply:

(a) The child does not receive the beverage through the federal special milk program under 42 USC 1772 (b).

(b) The child meets the income eligibility standard for a free or reduced-price lunch in the federal school lunch program under 42 USC 1758 (b) (1).

(c) The child does not receive the beverage during the school’s breakfast or lunch period.

(3) The department shall pay each participating school the full cost of beverages under sub. (1) served to children eligible under sub. (2) in the prior school year from the appropriation under s. 20.255 (2) (cp) .

(4) If the appropriation under s. 20.255 (2) (cp) in any fiscal year is insufficient to pay the full amount of aid under this section, state aid payments shall be prorated among the schools entitled to such aid.

(5) The department shall maintain a count of the number of children who are served beverages under this section.

History: 1987 a. 27 , 399 ; 1991 a. 39 ; 2001 a. 16 ; 2009 a. 302 ; 2015 a. 55 ; 2019 a. 9 .
Wis. Stat. § 943.12 — WI Code / Chapter 943 / Section 943.12
Possession of burglarious tools.
Status: in_force

Whoever has in personal possession any device or instrumentality intended, designed or adapted for use in breaking into any depository designed for the safekeeping of any valuables or into any building or room, with intent to use such device or instrumentality to break into a depository, building or room, and to steal therefrom, is guilty of a Class I felony.

History: 1977 c. 173 ; 2001 a. 109 .
Wis. Stat. § 220.10 — WI Code / Chapter 220 / Section 220.10
Books and accounts; division’s control.
Status: in_force

Whenever it appears to the division that any bank does not keep books and accounts in such manner as to enable the division to readily ascertain the true condition of such bank, the division may require the officers of such bank to open and keep such books or accounts as the division prescribes for the purpose of keeping accurate and convenient records of the transactions and accounts of such bank. Any bank that refuses or neglects to open and keep such books or accounts as the division prescribes shall be subject to a penalty of $10 for each day it neglects and fails to open and keep such prescribed books and accounts.

History: 1991 a. 316 ; 1995 a. 27 .
Wis. Stat. § 342.08 — WI Code / Chapter 342 / Section 342.08
Department to examine records.
Status: in_force

The department shall check the application for a certificate of title against records of stolen vehicles:

(1) Before issuing a certificate of title for a vehicle last previously registered in another jurisdiction.

(2) Upon receipt of an application for a certificate of title showing a transfer of ownership of a vehicle.

History: 1973 c. 169 ; 1977 c. 29 s. 1654 (7) (a) ; 1987 a. 349 ; 2003 a. 184 .
Wis. Stat. § 39.285 — WI Code / Chapter 39 / Section 39.285
Board review of proposed formulae; minimum and maximum grant amounts.
Status: in_force

(1)

(a) By March 1 of each year, the board shall approve, modify, or disapprove any proposed formula for the awarding of grants for the next fiscal year submitted under sub. (2) or (3) or s. 36.11 (6) (c) or 38.04 (7m) .

(b) If the board determines during a fiscal year that any formula approved under par. (a) during the prior fiscal year needs to be modified during the fiscal year in order to expend the entire amount appropriated for grants to students under s. 39.30 or 39.435 , except s. 39.435 (2) or (5) , in that fiscal year, the board shall submit the modified formula to the joint committee on finance. If the cochairpersons of the committee do not notify the board that the committee has scheduled a meeting for the purpose of reviewing the modified formula within 14 working days after the date of the submittal, the modified formula may be implemented as proposed by the board. If, within 14 working days after the date of the submittal, the cochairpersons of the committee notify the board that the committee has scheduled a meeting for the purpose of reviewing the modified formula, the modified formula may be implemented only upon approval of the committee.

(2) By February 10 of each year, the Wisconsin Association of Independent Colleges and Universities shall develop and submit to the board for its review under sub. (1) a proposed formula for the awarding of grants under s. 39.30 for the next fiscal year to students enrolled at private institutions of higher education.

(3) By February 10 of each year, each tribally controlled college in this state is requested to develop and submit to the board for its review under sub. (1) a proposed formula for the awarding of grants under s. 39.435 , except for grants awarded under s. 39.435 (2) or (5) , for the next fiscal year to students enrolled at that tribally controlled college.

(4) By March 1 of each year, the board shall establish a minimum and maximum amount for grants awarded for the next fiscal year under ss. 39.30 and 39.435 , except for grants awarded under s. 39.435 (2) or (5) . The board shall integrate the minimum and maximum grant amounts into the formula for awarding grants.

History: 1995 a. 27 ; 1997 a. 27 ; 1999 a. 9 ; 2017 a. 59 ; 2023 a. 80 ; 2025 a. 129 .
Wis. Stat. § 342.25 — WI Code / Chapter 342 / Section 342.25
Suspension or revocation of certificate.
Status: in_force

(1) The department shall suspend or revoke a certificate of title if it finds any of the following:

(a) The certificate of title was fraudulently procured, erroneously issued or prohibited by law.

(b) The vehicle has been scrapped, dismantled or destroyed.

(c) A transfer of title is set aside by a court of record by order or judgment.

(d) The vehicle’s odometer has been subjected to tampering and return of the certificate of title to the department is considered necessary to make a notation of that information on the certificate.

(2) Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.

(3) When the department suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the department.

(4) The department may seize and impound any certificate of title which has been suspended or revoked.

History: 1977 c. 29 s. 1654 (7) (a) ; 1993 a. 159 .
Wis. Stat. § 906.01 — WI Code / Chapter 906 / Section 906.01
General rule of competency.
Status: in_force

Every person is competent to be a witness except as otherwise provided in these rules.

History: Sup. Ct. Order, 59 Wis. 2d R1, R157 (1973); Sup. Ct. Order No. 16-01 , 2017 WI 13, 373 Wis. 2d xiii.
Wis. Stat. § 402.319 — WI Code / Chapter 402 / Section 402.319
F.O.B. and F.A.S. terms.
Status: in_force

(1) Unless otherwise agreed the term F.O.B. (which means “free on board”) at a named place, even though used only in connection with the stated price, is a delivery term under which:

(a) When the term is F.O.B. the place of shipment, the seller must at that place ship the goods in the manner provided in s. 402.504 and bear the expense and risk of putting them into the possession of the carrier; or

(b) When the term is F.O.B. the place of destination, the seller must at the seller’s expense and risk transport the goods to that place and there tender delivery of them in the manner provided in s. 402.503 ;

(c) When under either par. (a) or (b) the term is also F.O.B. vessel, car or other vehicle, the seller must in addition at the seller’s expense and risk load the goods on board. If the term is F.O.B. vessel the buyer must name the vessel and in an appropriate case the seller must comply with s. 402.323 on the form of bill of lading.

(2) Unless otherwise agreed the term F.A.S. vessel (which means “free alongside”) at a named port, even though used only in connection with the stated price, is a delivery term under which the seller must:

(a) At the seller’s expense and risk deliver the goods alongside the vessel in the manner usual in that port or on a dock designated and provided by the buyer; and

(b) Obtain and tender a receipt for the goods in exchange for which the carrier is under a duty to issue a bill of lading.

(3) Unless otherwise agreed in any case falling within sub. (1) (a) or (c) or (2) the buyer must seasonably give any needed instructions for making delivery, including when the term is F.A.S. or F.O.B. the loading berth of the vessel and in an appropriate case its name and sailing date. The seller may treat the failure of needed instructions as a failure of cooperation under s. 402.311 . The seller may also at the seller’s option move the goods in any reasonable manner preparatory to delivery or shipment.

(4) Under the term F.O.B. vessel or F.A.S. unless otherwise agreed the buyer must make payment against tender of the required documents and the seller may not tender nor the buyer demand delivery of the goods in substitution for the documents.

History: 1991 a. 316 .
Wis. Stat. § 104.08 — WI Code / Chapter 104 / Section 104.08
Apprentices.
Status: in_force

(1m) In this section:

(a) “Trade” means an occupation involving physical labor and characterized by mechanical skill and training such as render a period of instruction reasonably necessary.

(b) “Trade industry” means an industry involving physical labor and characterized by mechanical skill and training such as render a period of instruction reasonably necessary.

(2m) Any person working in a trade industry for which a minimum wage has been established for minors, and who has no trade, shall be employed under an apprentice contract under s. 106.01 .

(3)

(a) The department shall investigate, determine, and declare what occupations and industries are included within a “trade” or a “trade industry.”

(b) The department may make exceptions to the operation of sub. (2m) when conditions make its application unreasonable.

History: 2005 a. 12 ; 2009 a. 291 ; 2015 a. 55 .
Wis. Stat. § 86.195 — WI Code / Chapter 86 / Section 86.195
Section 86.195
Status: in_force

(10) Compliance with federal law.

(a) Subsections (2) to (8) are adapted from and in substantial conformity with the federal standards promulgated by the U.S. secretary of transportation under 23 USC 109 (d), 131 (f) and 315 as codified in 23 CFR 655.301 to 655.310 (1980) .

(b) If, after November 1, 1982, the federal standards become more restrictive, the department shall submit proposed legislation to the appropriate standing committees of the legislature, as designated by the presiding officer of each house to bring this section into compliance with the federal standards. The department may promulgate an emergency administrative rule under s. 227.24 which supersedes this section until such time as the legislature acts on the legislation submitted under this paragraph or until the expiration of the effective period of the rule under s. 227.24 (1) (c) or (2) , whichever comes first.

History: 1981 c. 362 , 391 ; 1985 a. 29 ; 1985 a. 182 s. 57 ; 1987 a. 137 ; 1987 a. 403 s. 256 ; 1989 a. 98 , 315 ; 1991 a. 265 , 269 , 315 ; 1993 a. 16 , 237 , 246 ; 1997 a. 124 , 237 ; 1999 a. 9 ; 2005 a. 63 , 136 , 309 ; 2007 a. 55 ; 2009 a. 2 , 28 , 153 ; 2013 a. 20 ; 2015 a. 360 ; 2021 a. 244 .
Wis. Stat. § 815.31 — WI Code / Chapter 815 / Section 815.31
Notice of sale of realty; manner; adjournment.
Status: in_force

(1) The time and place of holding any sale of real estate on execution shall be publicly advertised by posting a written notice describing the real estate to be sold with reasonable certainty in one public place in the town or municipality where such real estate is to be sold and, if the county where such real estate is to be sold maintains a website, by posting a notice on the website, at least 3 weeks prior to the date of sale; and also in one public place of the town or municipality in which the real estate is situated, if it is not in the town or municipality where the sale is to be held and, if the county where such real estate is situated maintains a website, also posting a notice on the website. If the town or municipality where such real estate is situated or is to be sold maintains a website, the town or municipality may also post a notice on its website.

(2) A copy of the notice of sale shall be printed each week for 3 successive weeks in a newspaper of the county prior to the date of sale.

(3) If there be no newspaper published in the county and the premises are not occupied by any person against whom the execution is issued or by some person holding as tenant or purchaser under the person against whom the execution is issued, such notice shall be so published in a paper printed at Madison.

(4) The court, or a judge, upon application of the party issuing the execution shall direct, by order, the newspaper in which the publication of the notice is to be made.

(5) If at the time appointed for any such sale the sheriff considers it in the interest of all persons concerned, the sheriff may adjourn the sale from time to time, not exceeding in all 3 months. In case of such adjournment public notice thereof shall be given at the time and place fixed for the sale. If the adjournment shall be for more than one day further notice shall be given by posting or publishing the same, or both, as the time and circumstances may admit.

(6) Every sale shall be at auction between 9 o’clock in the forenoon and 5 o’clock in the afternoon.

History: 1973 c. 189 ; Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.31; 1993 a. 486 ; 2009 a. 325 ; 2011 a. 136 ; 2017 a. 365 s. 112 .
Wis. Stat. § 168.22 — WI Code / Chapter 168 / Section 168.22
Storage tanks.
Status: in_force

(1) Except as provided under subs. (2) to (5) , every person who constructs, owns or controls a tank for the storage, handling or use of liquid that is flammable or combustible or a federally regulated hazardous substance shall comply with the standards adopted under s. 168.23 .

(2) This subchapter does not apply to storage tanks which require a hazardous waste license under s. 291.25 .

(3) This subchapter does not apply to storage tanks which are installed above ground level and which are less than 5,000 gallons in capacity.

(4) Any rules promulgated under s. 168.23 requiring an owner to test the ability of a storage tank, connected piping or ancillary equipment to prevent an inadvertent release of a stored substance do not apply to storage tanks that satisfy all of the following:

(a) Are installed before October 29, 1999.

(b) Have a capacity of less than 1,100 gallons.

(c) Are used to store heating oil for residential, consumptive use on the premises where stored.

(5) This subchapter does not apply to a pressurized natural gas pipeline system regulated under 49 CFR 192 and 193 .

History: 2013 a. 20 ss. 1608 to 1614 ; Stats. 2013 s. 168.22.