FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 63.40 — WI Code / Chapter 63 / Section 63.40
Special expert class.
Status: in_force

(1) There is hereby created a new division of the classified service to be known as the special expert class. The board of city service commissioners shall place in this class all positions of a technical, scientific, or professional character, together with all positions where the qualifications are peculiar to the service in any department of the city government, and may in addition thereto temporarily classify as of the special expert class positions where the service is new and experimental in character.

(2) The provisions of ss. 63.18 to 63.53 now governing selections, appointments, promotions, reinstatements, removals, transfers or other changes, shall apply to the special expert class, except as may be otherwise provided in this section.

(3) For the filling of positions in the special expert class the appointing officer shall be free to suggest names of persons for consideration in examination together with all other applicants and all other persons whose names have been suggested to the board of city service commissioners, and the board shall inquire into the fitness of persons so nominated and may notify such persons and any other suitable person to participate in the examination.

(4) Previous to an examination to fill a position in the special expert class, the board of city service commissioners may provide in its published announcement that the resulting eligible list shall expire as soon as an appointment has been made therefrom, providing the appointing officer so desires. When an appointing officer makes objection in writing to names of persons in the special expert class, certified from an eligible list not especially appropriate for the position or group of positions in question, such certification shall be invalid.

(5) The appointing officer shall in all cases be consulted as to qualifications and requirements, examination standards, and procedure for filling positions in the special expert class.

(6) In filling positions in the special expert class the board of city service commissioners shall select a board of one or more experts to conduct the examination when requested in writing to do so by an appointing officer.

(7) Whenever the board of city service commissioners or the officer having the power of appointment shall deem it advisable in the interests of the service, no qualifications as to residence or citizenship shall be imposed in the examination for a position in the special expert class. Any restrictions contained in any law, or in any charter of any city of the first class inconsistent with this provision shall not be applicable in such case.

History: 1979 c. 89 .
Wis. Stat. § 974.01 — WI Code / Chapter 974 / Section 974.01
Misdemeanor appeals.
Status: in_force

(1) Appeals in misdemeanor cases are to the court of appeals.

(2) In lieu of a transcript on appeal, the oral proceedings may be presented in an agreed statement signed by all the parties to the appeal. This shall be a condensed statement in narrative form of all of the portions of the oral proceedings as are necessary to determination of the question on appeal.

History: 1971 c. 298 ; Sup. Ct. Order, 67 Wis. 2d 585, 784 (1975); 1977 c. 187 .
Wis. Stat. § 322.093 — WI Code / Chapter 322 / Section 322.093
Article 93 — Cruelty and maltreatment.
Status: in_force

Any person who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his or her orders shall be punished as a court-martial may direct.

History: 2007 a. 200 .
Wis. Stat. § 322.038 — WI Code / Chapter 322 / Section 322.038
Article 38 — Duties of trial counsel and defense counsel.
Status: in_force

(1) The trial counsel of a general or special court-martial shall be an attorney licensed to practice in this state and shall prosecute in the name of the state, and shall, under the direction of the court, prepare the record of the proceedings.

(2)

(a) The accused has the right to be represented in defense before a general or special court-martial or at an investigation under s. 322.032 .

(b) The accused may be represented by civilian counsel at the provision and expense of the accused.

(c) The accused may be represented by any of the following:

1. Military counsel detailed under s. 322.027 .

2. Military counsel of the accused’s own selection if that counsel is reasonably available as determined under par. (g) .

(d) If the accused is represented by civilian counsel, military counsel detailed or selected under par. (c) shall act as associate counsel unless excused by the military judge at the request of the accused.

(e) Except as provided under par. (f) , if the accused is represented by military counsel of his or her own selection under par. (c) 2. , any military counsel detailed under par. (c) 1. shall be excused.

(f) The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under s. 322.027 to detail counsel, in that person’s sole discretion may do any of the following:

1. Detail additional military counsel as assistant defense counsel.

2. If the accused is represented by military counsel of the accused’s own selection under par. (c) 2. , approve a request from the accused that military counsel detailed under par. (c) 1. act as associate defense counsel.

(g) The senior force judge advocate of the same force of which the accused is a member, shall determine whether the military counsel selected by an accused is reasonably available.

(3) In any court-martial proceeding resulting in a conviction, the defense counsel may do any of the following:

(a) Forward for attachment to the record of proceedings a brief of matters as counsel determines should be considered in behalf of the accused on review, including any objection to the contents of the record which counsel considers appropriate.

(b) Assist the accused in the submission of any matter under s. 322.060 .

(c) Take other action authorized by this code.

History: 2007 a. 200 ; 2009 a. 179 .
Wis. Stat. § 233.42 — WI Code / Chapter 233 / Section 233.42
Subject to ch. 150.
Status: in_force

The University of Wisconsin Hospitals and Clinics is subject to ch. 150 .

History: 1977 c. 29 ; 1977 c. 418 s. 924 (50) ; 1977 c. 477 s. 206 ; 1995 a. 27 s. 4203 ; Stats. 1995 s. 233.42.
Wis. Stat. § 6.855 — WI Code / Chapter 6 / Section 6.855
Alternate absentee ballot site.
Status: in_force

(1) The governing body of a municipality may elect to designate a site other than the office of the municipal clerk or board of election commissioners as the location from which electors of the municipality may request and vote absentee ballots and to which voted absentee ballots shall be returned by electors for any election. The designated site shall be located as near as practicable to the office of the municipal clerk or board of election commissioners and no site may be designated that affords an advantage to any political party. An election by a governing body to designate an alternate site under this section shall be made no fewer than 14 days prior to the time that absentee ballots are available for the primary under s. 7.15 (1) (cm) , if a primary is scheduled to be held, or at least 14 days prior to the time that absentee ballots are available for the election under s. 7.15 (1) (cm) , if a primary is not scheduled to be held, and shall remain in effect until at least the day after the election. If the governing body of a municipality makes an election under this section, no function related to voting and return of absentee ballots that is to be conducted at the alternate site may be conducted in the office of the municipal clerk or board of election commissioners.

(2) The municipal clerk or board of election commissioners shall prominently display a notice of the designation of the alternate site selected under sub. (1) in the office of the municipal clerk or board of election commissioners beginning on the date that the site is designated under sub. (1) and continuing through the period that absentee ballots are available for the election and for any primary under s. 7.15 (1) (cm) . If the municipal clerk or board of election commissioners maintains a website on the Internet, the clerk or board of election commissioners shall post a notice of the designation of the alternate site selected under sub. (1) on the website during the same period that notice is displayed in the office of the clerk or board of election commissioners.

(3) An alternate site under sub. (1) shall be staffed by the municipal clerk or the executive director of the board of election commissioners, or employees of the clerk or the board of election commissioners.

(4) An alternate site under sub. (1) shall be accessible to all individuals with disabilities.

(5) A governing body may designate more than one alternate site under sub. (1) .

History: 2005 a. 451 ; 2017 a. 365 s. 112 ; 2017 a. 369 .
Wis. Stat. § 851.055 — WI Code / Chapter 851 / Section 851.055
Deferred marital property.
Status: in_force

“Deferred marital property” means any property that satisfies all of the following:

(1) Is not classified by ch. 766 .

(1m) Is not classified as individual property or marital property under a valid marital property agreement, unless the marital property agreement provides otherwise.

(2) Was acquired while the spouses were married.

(3) Would have been classified as marital property under ch. 766 if the property had been acquired when ch. 766 applied.

History: 1985 a. 37 ; 1987 a. 393 ; 1997 a. 188 ; 2005 a. 216 .
Wis. Stat. § 865.13 — WI Code / Chapter 865 / Section 865.13
Personal representative may pay claims.
Status: in_force

The personal representative may pay in good faith just demands against the estate, whether filed as a claim or not, on or before the deadline for filing a claim under s. 859.01 , or at any time with the consent of the heirs or beneficiaries affected by the payment. In paying a claim the personal representative may deduct any counterclaim which the estate has against the claimant. Any claim filed shall be allowed or disallowed according to ch. 859 .

History: 1973 c. 39 ; 1975 c. 331 ; 1989 a. 96 .
Wis. Stat. § 119.9004 — WI Code / Chapter 119 / Section 119.9004
Opportunity schools and partnership program.
Status: in_force

(1) Legal entity.

(a) There is created within the school district operating under this chapter a opportunity schools and partnership program under the management and control of the commissioner. The commissioner shall exercise the powers, duties, and functions prescribed to the commissioner by law independently of the board and under the supervision of the county executive. Budgeting, program coordination, and related management functions for the schools transferred to the opportunity schools and partnership program shall be performed by the commissioner.

(b) The opportunity schools and partnership program comprises individual eligible schools transferred by the commissioner under s. 119.9002 (2) .

(2) Exit from opportunity schools and partnership program. Subject to sub. (3) (a) , the commissioner may transfer a school out of the opportunity schools and partnership program if the commissioner determines that the school has been placed in a performance category of “meets expectations” or higher on the 3 preceding consecutive accountability reports published for the school under s. 115.385 (1) . Any of the following may apply to a school transferred out of the program under this subsection:

(a) Subject to sub. (3) (b) , the commissioner may return operation and general management of the school to the board.

(b) The commissioner may transfer operation and management of the school to a person to operate the school under s. 118.40 as a charter school that is not an instrumentality of the school district, as determined under s. 118.40 (7) .

(c) The commissioner may transfer operation and general management of the school to the governing body of a private school.

(3) Opportunity schools and partnership program; limitations.

(a) A school transferred to the program under this subchapter may not be transferred out of the program under this subchapter for 5 consecutive school years.

(b) The commissioner may not return operation and general management of a school that has been transferred to the opportunity schools and partnership program to the board if either of the following applies:

1. The school remains an eligible school.

2. The school district operating under this chapter has been assigned the performance category of “fails to meet expectations” on the 3 most recent accountability reports published under s. 115.385 (1) .

History: 2015 a. 55 ; 2019 a. 185 .
Wis. Stat. § 289.35 — WI Code / Chapter 289 / Section 289.35
Shoreland and floodplain zoning.
Status: in_force

Solid waste facilities are prohibited within areas under the jurisdiction of shoreland and floodplain zoning regulations adopted under ss. 59.692 , 61.351 , 61.353 , 62.231 , 62.233 , 87.30 , and 281.31 , except that the department may issue permits authorizing facilities in such areas. If the department issues a permit under this section, the permit shall specify the location, height, and size of the solid waste facility authorized under the permit.

History: 1981 c. 374 s. 148 ; 1983 a. 416 s. 19 ; 1995 a. 201 ; 1995 a. 227 s. 638 ; Stats. 1995 s. 289.35; 2013 a. 1 , 80 .
Wis. Stat. § 54.876 — WI Code / Chapter 54 / Section 54.876
Care of custodial property.
Status: in_force

(1) A custodian shall:

(a) Take control of custodial property;

(b) Register or record title to custodial property if appropriate; and

(c) Collect, hold, manage, invest and reinvest custodial property.

(2) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian’s discretion and without liability to the minor or the minor’s estate, may retain any custodial property received from a transferor.

(3) A custodian may invest in or pay premiums on life insurance or endowment policies on:

(a) The life of the minor only if the minor or the minor’s estate is the sole beneficiary; or

(b) The life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor’s estate or the custodian in the capacity of custodian, is the irrevocable beneficiary.

(4) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor’s interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: “as a custodian for .... (name of minor) under the Wisconsin Uniform Transfers to Minors Act”.

(5) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor’s tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of 14 years.

History: 1987 a. 191 ; 2005 a. 387 s. 538 ; Stats. 2005 s. 54.876.
Wis. Stat. § 82.18 — WI Code / Chapter 82 / Section 82.18
Width of highways.
Status: in_force

Except as otherwise provided in this chapter, highways laid out under this chapter shall be laid out at least 66 feet wide unless, in the town board’s discretion, that width is impractical. If the town board determines that a 66-foot width is impractical, the width shall be determined by the town board but shall be at least 49.5 feet in width. When no width is specified in the highway order, the highway shall be 66 feet wide.

History: 1999 a. 97 ; 2003 a. 214 s. 43 ; Stats. 2003 s. 82.18.
Wis. Stat. § 780.10 — WI Code / Chapter 780 / Section 780.10
Findings and judgment; execution.
Status: in_force

In all actions under this chapter, unless the defendant or someone in the defendant’s behalf shall have given the undertaking prescribed in s. 780.09 , the court or jury who shall try the same or make an assessment of damages therein shall find whether or not such debt or damages are due for or accrued or arose out of or upon any of the causes mentioned in s. 780.01 , and specify such cause and the date when the same became due or accrued in the verdict or finding. If such court or jury shall find that such debt or damages are for any of the causes specified in s. 780.01 and that the defendant is liable to the plaintiff therefor then the court shall render judgment accordingly, and that the amount of such debt or damages so found, together with the costs, charges and disbursements, are a lien upon such ship, boat or vessel to the extent of the interest of the defendant therein at the time the same became due or accrued or at any time thereafter, and the execution issued thereon may, in addition to the directions contained in other executions against the property of a defendant, direct that such interest of the defendant in such ship, boat or vessel, its tackle, apparel and furniture be sold to satisfy such judgment, and the same shall be sold accordingly; but if the court or jury shall find that the amount due the plaintiff for such debt or damages is not for any of the causes mentioned in s. 780.01 or if the defendant shall have given such undertaking the plaintiff shall only be entitled to judgment as in other civil actions.

History: 1979 c. 32 ss. 58 , 92 (10) ; 1979 c. 176 ; Stats. 1979 s. 780.10; 1981 c. 390 s. 252 ; 1989 a. 359 .
Wis. Stat. § 938.224 — WI Code / Chapter 938 / Section 938.224
Contracts with department for juvenile detention facility services.
Status: in_force

(1) Uses of facilities. The county board of supervisors of a county may contract with the department of corrections for the use of a juvenile correctional facility operated by that department for the holding of juveniles who meet the criteria under s. 48.208 , 938.17 (1) , 938.183 (1m) (a) , or 938.208 or who are subject to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f) , a sanction under s. 938.355 (6) (d) 1. , or short-term detention under s. 938.355 (6d) or 938.534 (1) .

(2) Contract requirements. A contract under sub. (1) shall require all of the following:

(a) That the county may use a juvenile correctional facility for holding a juvenile under sub. (1) only if any of the following criteria are met:

1. There is no county-operated juvenile detention facility approved by the department of corrections within 40 miles of the county seat of the county.

2. There is no bed space available in a county-operated juvenile detention facility approved by the department of corrections within 40 miles of the county seat of the county.

(b) That the county may use a juvenile correctional facility for holding a juvenile under sub. (1) only if the department of corrections approves that use based on the availability of beds in the juvenile correctional facility and on the programming needs of the juvenile.

(3) Additional requirements. In addition to the requirements under sub. (2) , a contract under sub. (1) shall include all of the following:

(a) The per person daily rate to be paid by the county for holding a juvenile under sub. (1) and the charges to be paid by the county for any extraordinary medical and dental expenses and any programming provided for the juvenile by the department of corrections.

(b) Any other matters that are necessary and appropriate concerning the obligations, responsibilities, and rights of the contracting county and the department of corrections.

(4) Supervision and control of juveniles. A juvenile held in custody under sub. (1) is under the supervision and control of the department of corrections and is subject to the rules and discipline of that department.

History: 1997 a. 27 ; 2005 a. 344 ; 2007 a. 97 ; 2015 a. 55 .
Wis. Stat. § 408.404 — WI Code / Chapter 408 / Section 408.404
Wrongful registration.
Status: in_force

(1) Except as otherwise provided in s. 408.406 , an issuer is liable for wrongful registration of transfer if the issuer has registered a transfer of a security to a person not entitled to it, and the transfer was registered:

(a) Pursuant to an ineffective endorsement or instruction;

(b) After a demand that the issuer not register transfer became effective under s. 408.403 (1) and the issuer did not comply with s. 408.403 (2) ;

(c) After the issuer had been served with an injunction, restraining order, or other legal process enjoining it from registering the transfer, issued by a court of competent jurisdiction, and the issuer had a reasonable opportunity to act on the injunction, restraining order or other legal process; or

(d) By an issuer acting in collusion with the wrongdoer.

(2) An issuer that is liable for wrongful registration of transfer under sub. (1) on demand shall provide the person entitled to the security with a like certificated or uncertificated security, and any payments or distributions that the person did not receive as a result of the wrongful registration. If an overissue would result, the issuer’s liability to provide the person with a like security is governed by s. 408.210 .

(3) Except as otherwise provided in sub. (1) or in a law relating to the collection of taxes, an issuer is not liable to an owner or other person suffering loss as a result of the registration of a transfer of a security if registration was made pursuant to an effective endorsement or instruction.

History: 1997 a. 297 .
Wis. Stat. § 322.006 — WI Code / Chapter 322 / Section 322.006
Article 6 — Judge advocates.
Status: in_force

(1) The senior force judge advocate in each of the state’s military forces or that judge advocate’s delegates shall make frequent inspections in the field in supervision of the administration of military justice in that force.

(2) Convening authorities shall at all times communicate directly with their judge advocates in matters relating to the administration of military justice. The judge advocate of any command is entitled to communicate directly with the judge advocate of a superior or subordinate command, or with the state judge advocate.

(3) No person who has acted as member, military judge, trial counsel, defense counsel, or investigating officer, or who has been a witness, in any case may later act as a judge advocate to any reviewing authority upon the same case.

History: 2007 a. 200 ; 2009 a. 179 .
Wis. Stat. § 425.110 — WI Code / Chapter 425 / Section 425.110
No discharge from employment for garnishment.
Status: in_force

(1) No employer shall discharge an employee because a merchant has subjected or attempted to subject unpaid earnings of the employee to garnishment or like proceedings directed to the employer for the purpose of paying a judgment arising from a consumer credit transaction.

(2) If an employer violates this section, an employee shall recover back wages and be reinstated, if the employee files an action for such relief within 90 days of the employee’s discharge.

History: 1971 c. 239 .
Wis. Stat. § 891.28 — WI Code / Chapter 891 / Section 891.28
Area of towns and counties.
Status: in_force

Whenever the total area of towns or counties shall be in question, townships not returned as fractional by the surveys under which the public lands were sold by the United States, shall be held to be 6 miles square; and townships returned as fractional shall be held to contain the areas shown by such surveys or the plats thereof.