FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 48.871 — WI Code / Chapter 48 / Section 48.871
Filing of recommendation by guardian.
Status: in_force

In the case of a recommendation by a guardian, the guardian shall file with its recommendation satisfactory evidence of its authority to file such recommendation relative to the adoption of the minor. In the case where the parents’ rights have been judicially terminated, this evidence shall be a certified copy of the order terminating their rights and appointing the guardian. In other cases of a guardian appointed by a court, this evidence shall be a certified copy of the order appointing it guardian. In the case of a guardian having the authority to consent or file its recommendation under an instrument other than a court order, valid under the laws of another state, that instrument shall serve as evidence of the authority to consent or file its recommendation.
Wis. Stat. § 909.03 — WI Code / Chapter 909 / Section 909.03
Subscribing witness’ testimony unnecessary.
Status: in_force

The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing.

History: Sup. Ct. Order, 59 Wis. 2d R1, R349 (1973).
Wis. Stat. § 632.725 — WI Code / Chapter 632 / Section 632.725
Standardization of health care billing and insurance claim forms.
Status: in_force

(1) Definition. In this section, “health care provider” has the meaning given in s. 146.81 (1) (a) to (p) .

(2) Rules for standardization of forms. The commissioner, in consultation with the department of health services, shall, by rule, do all of the following:

(a) Establish a standardized billing format for health care services and require that a health care provider that provides health care services in this state use, by July 1, 1993, the standardized format for all printed billing forms.

(b) Establish a standardized claim format for health care insurance benefits and require that an insurer that provides health care coverage to one or more residents of this state use, by July 1, 1993, the standardized format for all printed claim forms.

(c) Establish a standardized explanation of benefits format for health care insurance benefits and require that an insurer that provides health care coverage to one or more residents of this state use, by July 1, 1993, the standardized format for all printed forms that contain an explanation of benefits. The rule shall also require that benefits be explained in easily understood language.

(d) Establish a uniform statewide patient identification system in which each individual who receives health care services in this state is assigned an identification number. The standardized billing format established under par. (a) and the standardized claim format established under par. (b) shall provide for the designation of an individual’s patient identification number.

(3) Proposals for legislation. The commissioner shall develop proposals for legislation for the use of the patient identification system established under sub. (2) (d) and for the implementation of the proposed uses, including any proposals for safeguarding patient confidentiality.

History: 1991 a. 250 ; 1995 a. 27 s. 9126 (19) ; 2007 a. 20 s. 9121 (6) (a) ; 2009 a. 28 .
Wis. Stat. § 295.75 — WI Code / Chapter 295 / Section 295.75
Effect of other laws.
Status: in_force

(1) Except as provided in sub. (2) , if there is a conflict between a provision in this subchapter and a provision in ch. 23 , 29 , 30 , 31 , 160 , 169 , 281 , 283 , 285 , 289 , or 291 or in a rule promulgated under one of those chapters, the provision in this subchapter controls.

(2)

(a) If there is a conflict between a provision in this subchapter and a provision in s. 281.343 , the provision in s. 281.343 controls.

(b) If there is a conflict between a provision in this subchapter and a provision in s. 281.346 , the provision in s. 281.346 controls, except as provided in s. 295.57 (9) (a) .

History: 2013 a. 1 .
Wis. Stat. § 50.925 — WI Code / Chapter 50 / Section 50.925
Use of name or advertising prohibited.
Status: in_force

No entity that is not a hospice licensed under this subchapter or an applicant for a license or a provisional license under this subchapter may designate itself as a “hospice” or use the word “hospice” to represent or tend to represent the entity as a hospice or services provided by the entity as services provided by a hospice.

History: 1989 a. 199 .
Wis. Stat. § 221.0625 — WI Code / Chapter 221 / Section 221.0625
Loans to bank officials; penalty.
Status: in_force

(1) Loans to officers and directors. Except as otherwise provided in this subsection, a bank may not lend to any officer or director of the bank an amount that, when aggregated with the amount of all other extensions of credit to that person exceeds the higher of $25,000 or 5 percent of the bank’s capital, without prior approval of the bank’s board of directors. Prior approval of the bank’s board of directors is also required in all cases when a loan aggregated with all other extensions of credit to the officer or director exceeds $500,000. A bank’s board of directors may give prior approval to a line of credit to an officer or director, and prior approval by the bank’s board of directors is not required for each advance made to the officer or director pursuant to the preapproved line of credit.

(2) Penalty. An officer or director of a bank who, in violation of this section, directly or indirectly does any of the following is guilty of a Class F felony:

(a) Borrows or otherwise procures for personal use money, funds or property of the bank.

(b) Procures money, funds or property of the bank through use of personal credit or accommodation of another person.

(c) Procures money, funds or property of the bank by acceptance for discount at the bank of any note, bond or evidence of debt that he or she knows or has reason to know is worth less than the price at which it is accepted as an asset.

History: 1995 a. 336 ; 1997 a. 283 ; 2001 a. 109 .
Wis. Stat. § 85.105 — WI Code / Chapter 85 / Section 85.105
Sale of motor vehicle records.
Status: in_force

(1) Notwithstanding s. 343.24 (2m) , the department may contract with a person to periodically furnish that person with any records on computer tape or other electronic media that contain information from files of motor vehicle accidents or uniform traffic citations and that were produced for or developed by the department for purposes related to maintenance of the operating record file database. The department and the person desiring to contract with the department shall make a good faith effort to negotiate the purchase price for the records to be provided under this section.

(2) Beginning with contracts entered into, extended, modified or renewed on November 1, 2000, in providing information under this section that contains the personal identifiers, as defined in s. 85.103 (1) , of 10 or more individuals, the department may not include a personal identifier of any person who has made a designation under s. 85.103 (2) or (3) .

History: 1997 a. 27 s. 5504 , 5505 ; Stats. 1997 s. 85.105; 1999 a. 88 , 185 .
Wis. Stat. § 343.26 — WI Code / Chapter 343 / Section 343.26
License after cancellation.
Status: in_force

(1) Except as provided in sub. (2) , any person whose license has been canceled, whether the license has been canceled by the secretary or stands canceled as a matter of law, may apply for a new license at any time. Upon receipt of the application and all required fees, and after processing the application as provided in s. 343.165 , the department shall issue or refuse issuance of the license as upon an original application. The department may, but need not, require the applicant to submit to an examination as provided in s. 343.16 .

(2) If a person’s license has been canceled under s. 343.25 (2) or (3) , or canceled because of the person’s nonpayment of a fee, the person’s license may be reinstated as provided in s. 343.38 (3g) .

History: 1977 c. 29 s. 1654 (7) (a) , (c); 2007 a. 20 ; 2009 a. 103 .
Wis. Stat. § 324.32 — WI Code / Chapter 324 / Section 324.32
Expedited hearing.
Status: in_force

If a motion to grant custodial responsibility is filed under s. 324.31 (2) before a deploying parent deploys, the court shall conduct a hearing within 30 days of filing.

History: 2021 a. 161 .
Wis. Stat. § 799.44 — WI Code / Chapter 799 / Section 799.44
Order for judgment; writ of restitution.
Status: in_force

(1) Order for judgment. In an eviction action, if the court finds that the plaintiff is entitled to possession, the court shall immediately enter an order for judgment for the restitution of the premises to the plaintiff. If an additional cause of action is joined under s. 799.40 (2) and plaintiff prevails thereon, the court shall enter judgment for such other relief as the court orders. Judgment shall be entered accordingly as provided in s. 799.24 .

(2) Writ of restitution. At the time of ordering judgment for the restitution of premises, the court shall immediately order that a writ of restitution be issued, and the writ may be delivered to the sheriff for execution in accordance with s. 799.45 . No writ shall be executed if received by the sheriff more than 30 days after its issuance.

(3) Stay of writ of restitution. At the time of ordering judgment, upon application of the defendant with notice to the plaintiff, the court may, in cases where it determines hardship to exist, stay the issuance of the writ by a period not to exceed 30 days from the date of the order for judgment. Any such stay shall be conditioned upon the defendant paying all rent or other charges due and unpaid at the entry of judgment and upon the defendant paying the reasonable value of the occupancy of the premises, including reasonable charges, during the period of the stay upon such terms and at such times as the court directs. The court may further require the defendant, as a condition of such stay, to give a bond in such amount and with such sureties as the court directs, conditioned upon the defendant’s faithful performance of the conditions of the stay. Upon the failure of the defendant to perform any of the conditions of the stay, the plaintiff may file an affidavit executed by the plaintiff or attorney, stating the facts of such default, and the writ of restitution may forthwith be issued.

(4) Writ of restitution; form and contents. The writ of restitution shall be in the name of the court, sealed with its seal, signed by its clerk, directed to the sheriff of the county in which the real property is located, and in substantially the following form:

History: 1977 c. 449 s. 497 ; 1979 c. 32 ss. 66 , 92 (16) ; 1979 c. 176 ; Stats. 1979 s. 799.44; 1997 a. 250 ; 2013 a. 76 .
Wis. Stat. § 101.111 — WI Code / Chapter 101 / Section 101.111
Excavations; protection of adjoining property and buildings.
Status: in_force

(1) Definition. In this section “excavator” means any owner of an interest in land making or causing to be made an excavation.

(2) Cave-in prevention. Any excavator shall protect the excavation site in such a manner so as to prevent the soil of adjoining property from caving in or settling.

(3) Liability for underpinning and foundation extensions.

(a) If the excavation is made to a depth of 12 feet or less below grade, the excavator may not be held liable for the expense of any necessary underpinning or extension of the foundations of buildings on adjoining properties.

(b) If the excavation is made to a depth in excess of 12 feet below grade, the excavator shall be liable for the expense of any necessary underpinning or extension of the foundations of any adjoining buildings below the depth of 12 feet below grade. The owners of adjoining buildings shall be liable for the expense of any necessary underpinning or extension of the foundations of their buildings to the depth of 12 feet below grade.

(4) Notice. Unless waived by adjoining owners, at least 30 days prior to commencing the excavation the excavator shall notify, in writing, all owners of adjoining buildings of his or her intention to excavate. The notice shall state that adjoining buildings may require permanent protection. The owners of adjoining property shall have access to the excavation site for the purpose of protecting their buildings.

(5) Employees not liable. No worker who is an employee of an excavator may be held liable for his or her employer’s failure to comply with this section.

(6) Failure to comply; injunction. If any excavator fails to comply with this section, any aggrieved person may commence an action to obtain an order under ch. 813 directing such excavator to comply with this section and restraining the excavator from further violation thereof. If the aggrieved person prevails in the action, he or she shall be reimbursed for all his or her costs and disbursements together with such actual attorney fees as may be approved by the court.

History: 1977 c. 88 ; 2017 a. 365 .
Wis. Stat. § 33.455 — WI Code / Chapter 33 / Section 33.455
Section 33.455
Status: in_force

(b) The maintenance of property owned or maintained by a municipality, including public ways and shorelands.

(3) Adoption by county board.

(a) Subject to the requirements under s. 281.33 (3m) , the county board may adopt a minimum standard, an ordinance or a local regulation, or a modification to or rescission of an ordinance or a local regulation, as proposed by the board of commissioners under sub. (1) or (2) .

(b) Notwithstanding s. 30.77 (3) (a) , an ordinance, local regulation or minimum standard as adopted by the county board under this section shall apply to the county and to any municipality partially or totally within the county and shall supersede any less restrictive and conflicting provision of a minimum standard, ordinance or local regulation adopted by a municipality.

History: 1989 a. 324 ; 2013 a. 20 .
Wis. Stat. § 105.08 — WI Code / Chapter 105 / Section 105.08
Authority of department.
Status: in_force

The department has the power to supervise every employment agency as is necessary to adequately enforce and administer all laws and lawful orders designed to prevent fraud, misrepresentations, false statements, or other unauthorized acts of such employment agent.

History: 1973 c. 226 .
Wis. Stat. § 767.01 — WI Code / Chapter 767 / Section 767.01
Jurisdiction.
Status: in_force

(1) Generally. The circuit courts have jurisdiction of all actions affecting the family and have authority to do all acts and things necessary and proper in those actions and to carry their orders and judgments into execution as prescribed in this chapter. Except as provided in subs. (2) and (2m) , jurisdiction may be exercised as provided under ch. 801 .

(2) Paternity and child support. In an action to establish paternity or to establish or enforce a child support obligation, in regard to a child who is the subject of the action, a person is subject to the jurisdiction of the courts of this state as provided in s. 769.201 (1m) or 801.05 .

(2m) Child custody. All proceedings relating to the custody of children shall comply with the requirements of ch. 822 .

History: 1975 c. 39 ; 1977 c. 449 ; 1979 c. 32 s. 50 ; 1979 c. 196 , 352 ; Stats. 1979 s. 767.01; 1987 a. 27 ; 1993 a. 326 ; 2005 a. 443 ss. 10 to 13 ; 2009 a. 321 ; 2015 a. 82 s. 12 .
Wis. Stat. § 70.045 — WI Code / Chapter 70 / Section 70.045
Taxation district defined.
Status: in_force

Except as provided in s. 70.114 (1) (e) , in this chapter, “taxation district” means a town, village or city in which general property taxes are levied and collected.

History: 1989 a. 336 ; 1991 a. 39 s. 3714 .
Wis. Stat. § 49.161 — WI Code / Chapter 49 / Section 49.161
Wisconsin works; overpayments.
Status: in_force

(1) Trial employment match program jobs overpayments. Notwithstanding s. 49.96 , the department shall recover an overpayment of benefits paid under s. 49.148 (1) (a) from an individual who receives benefits paid under s. 49.148 (1) (a) . The value of the benefit liable for recovery under this subsection may not exceed the amount that the department paid in wage subsidies with respect to that participant while the participant was ineligible to participate. The department shall promulgate rules establishing policies and procedures for administrating this subsection.

(2) Community service jobs and transitional placements overpayments. Except as provided in sub. (3) , the department shall recover an overpayment of benefits paid under s. 49.148 (1) (b) or (c) from an individual who continues to receive benefits under s. 49.148 (1) (b) and (c) by reducing the amount of the individual’s benefit payment by no more than 10 percent.

(3) Overpayments caused by intentional program violations. If an overpayment under sub. (1) or (2) is the result of an intentional violation of ss. 49.141 to 49.161 or of rules promulgated by the department under those sections, the department shall recover the overpayment by deducting an amount from the benefits received under s. 49.148 (1) (a) , (b) or (c) , until the overpayment is recovered. The amount to be deducted each month may not exceed the following:

(a) For intentional program violations resulting in an overpayment that is less than $300, 10 percent of the amount of the monthly benefit payment.

(b) For intentional program violations resulting in an overpayment that is at least $300 but less than $1,000, $75.

(c) For intentional program violations resulting in an overpayment that is at least $1,000 but less than $2,500, $100.

(d) For intentional program violations resulting in an overpayment that is $2,500 or more, $200.

History: 1995 a. 289 ; 1997 a. 27 ; 1999 a. 9 ; 2013 a. 20 .
Wis. Stat. § 799.206 — WI Code / Chapter 799 / Section 799.206
Return date proceedings before court commissioner.
Status: in_force

(1) In counties establishing a circuit court commissioner position under s. 757.68 (5m) , all actions and proceedings commenced under this chapter shall be returnable before a circuit court commissioner appointed under s. 757.68 (1) and SCR chapter 75 . In any other county, a circuit court commissioner may conduct return date proceedings if delegated such authority under s. 757.69 (1) (d) .

(2) Judgment on failure to appear may be entered by the circuit court commissioner or the clerk upon the return date as provided in s. 799.22 .

(3) When all parties appear in person or by their attorneys on the return date in an eviction, garnishment, or replevin action and any party raises valid legal grounds for a contest, the matter shall be forthwith scheduled for a hearing, to be held as soon as possible before a judge and in the case of an eviction action, not more than 30 days after the return date.

(4) Except as provided in sub. (3) , the circuit court commissioner shall hear all matters using the procedures set forth in s. 799.207 .

History: 1977 c. 345 ; 1979 c. 32 ss. 66 , 92 (16) ; Stats. 1979 s. 799.206; 1987 a. 208 ; 2001 a. 61 ; 2013 a. 76 ; 2017 a. 317 .
Wis. Stat. § 181.0670 — WI Code / Chapter 181 / Section 181.0670
Limited liability of volunteers.
Status: in_force

(1) Definition. In this section, “volunteer” means an individual, other than an employee of the corporation, who provides services to or on behalf of the corporation without compensation.

(2) Limited liability. Except as provided in sub. (3) , a volunteer is not liable to any person for damages, settlements, fees, fines, penalties or other monetary liabilities arising from any act or omission as a volunteer, unless the person asserting liability proves that the act or omission constitutes any of the following:

(a) A violation of criminal law, unless the volunteer 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.

(b) Willful misconduct.

(c) If the volunteer is a director or officer of the corporation, an act or omission within the scope of the volunteer’s duties as a director or officer.

(d) An act or omission for which the volunteer received compensation or anything of substantial value instead of compensation.

(e) Negligence in the practice of a profession, trade or occupation that requires a credential, as defined in s. 440.01 (2) (a) , or other license, registration, certification, permit or approval, if the volunteer did not have the required credential, license, registration, certificate, permit or approval at the time of the negligent act or omission.

(3) Applicability.

(a) Except as provided in par. (b) , this section does not apply to any of the following:

1. A civil or criminal proceeding brought by or on behalf of any governmental unit, authority or agency.

2. A proceeding brought by any person for a violation of state or federal law if the proceeding is brought under an express private right of action created by state or federal statute.

3. Claims arising from the negligent operation by a volunteer of an automobile, truck, train, airplane or other vehicle for which an operator’s permit, license or insurance is required.

(b) Paragraph (a) 1. and 2. does not apply to a proceeding brought by or on behalf of a governmental unit, authority or agency in its capacity as a contractor.

History: 1997 a. 79 ; 2021 a. 258 .
Wis. Stat. § 345.08 — WI Code / Chapter 345 / Section 345.08
Suit to recover protested tax or fee.
Status: in_force

No suit shall be maintained in any court to restrain or delay the collection or payment of the taxes levied or the fees imposed or enacted in chs. 341 to 349 . The aggrieved taxpayer shall pay the tax or fee as and when due and, if paid under protest, may at any time within 90 days from the date of such payment sue the state in an action at law to recover the tax or fee so paid. If it is finally determined that such tax or fee or any part thereof was wrongfully collected for any reason, the secretary of administration shall pay from the transportation fund the amount of such tax or fee so adjudged to have been wrongfully collected. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as were made within the 90-day period preceding the commencement of the action. Such suits shall be commenced as provided in s. 775.01 .

History: 1977 c. 29 s. 1654 (1) ; 1979 c. 32 s. 92 (5) ; 2003 a. 33 .
Wis. Stat. § 409.622 — WI Code / Chapter 409 / Section 409.622
Effect of acceptance of collateral.
Status: in_force

(1) Effect of acceptance. A secured party’s acceptance of collateral in full or partial satisfaction of the obligation it secures:

(a) Discharges the obligation to the extent consented to by the debtor;

(b) Transfers to the secured party all of a debtor’s rights in the collateral;

(c) Discharges the security interest or agricultural lien that is the subject of the debtor’s consent and any subordinate security interest or other subordinate lien; and

(d) Terminates any other subordinate interest.

(2) Discharge of subordinate interest notwithstanding noncompliance. A subordinate interest is discharged or terminated under sub. (1) , even if the secured party fails to comply with this chapter.

History: 2001 a. 10 .
Wis. Stat. § 402.616 — WI Code / Chapter 402 / Section 402.616
Procedure on notice claiming excuse.
Status: in_force

(1) Where the buyer receives notification of a material or indefinite delay or an allocation justified under s. 402.615 the buyer may by written notification to the seller as to any delivery concerned, and where the prospective deficiency substantially impairs the value of the whole contract under s. 402.612 relating to breach of installment contracts, then also as to the whole:

(a) Terminate and thereby discharge any unexecuted portion of the contract; or

(b) Modify the contract by agreeing to take the buyer’s available quota in substitution.

(2) If after receipt of such notification from the seller the buyer fails so to modify the contract within a reasonable time not exceeding 30 days the contract lapses with respect to any deliveries affected.

History: 1991 a. 316 .