FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 961.51 — WI Code / Chapter 961 / Section 961.51
Powers of enforcement personnel.
Status: in_force

(1) Any officer or employee of the pharmacy examining board designated by the examining board may:

(a) Execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas and summonses issued under the authority of this state;

(b) Make arrests without warrant for any offense under this chapter committed in the officer’s or employee’s presence, or if the officer or employee has reasonable grounds to believe that the person to be arrested has committed or is committing a violation of this chapter which may constitute a felony; and

(c) Make seizures of property pursuant to this chapter.

(2) This section does not affect the responsibility of law enforcement officers and agencies to enforce this chapter, nor the authority granted the department of justice under s. 165.70 .

History: 1971 c. 219 ; 1985 a. 29 ; 1993 a. 482 ; 1995 a. 448 s. 293 ; Stats. 1995 s. 961.51.
Wis. Stat. § 322.0505 — WI Code / Chapter 322 / Section 322.0505
Article 50a — Defense of mental disease or defect.
Status: in_force

(1) The accused has an affirmative defense of mental disease or defect in a trial by court-martial if, at the time of the commission of the acts constituting the offense, the accused, as a result of a mental disease or defect, lacked substantial capacity either to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of the law. Mental disease or defect does not otherwise constitute a defense.

(2) The accused has the burden of proving the defense of mental disease or defect to a reasonable certainty by the greater weight of the credible evidence.

(3) Whenever lack of mental disease or defect of the accused with respect to an offense is properly at issue, the military judge shall instruct the members of the military court as to the defense of mental disease or defect under this section and charge them to find the accused any one of the following:

(a) Guilty.

(b) Not guilty.

(c) Not guilty by reason of mental disease or defect.

(4) Subsection (3) does not apply to a court-martial composed of a military judge only. In the case of a court-martial composed of a military judge only or a summary court-martial officer, whenever mental disease or defect of the accused with respect to an offense is properly at issue, the military judge or summary court-martial officer shall find the accused any one of the following:

(a) Guilty.

(b) Not guilty.

(c) Not guilty by reason of mental disease or defect.

(5) Notwithstanding the provisions of s. 322.052 , the accused shall be found not guilty by reason of mental disease or defect if any of the following apply:

(a) A majority of the members of the court-martial present at the time the vote is taken determines that the defense of mental disease or defect has been established.

(b) In the case of a court-martial composed of a military judge only or a summary court-martial officer, the military judge or summary court-martial officer determines that the defense of mental disease or defect has been established.

History: 2007 a. 200 ; 2009 a. 179 .
Wis. Stat. § 840.02 — WI Code / Chapter 840 / Section 840.02
Chapters applicable.
Status: in_force

Except as otherwise provided in chs. 840 to 846 , the general rules of practice and procedure in chs. 750 to 758 and 801 to 847 shall apply to actions and proceedings under chs. 840 to 846 .

History: 1973 c. 189 ; Sup. Ct. Order, 67 Wis. 2d 585, 767, 782 (1975); Stats. 1975 s. 840.02; 1979 c. 89 ; 1981 c. 314 .
Wis. Stat. § 238.046 — WI Code / Chapter 238 / Section 238.046
Private interest in public contract.
Status: in_force

(1) A member of the board or an employee of the corporation to whom the board delegates its authority to contract shall notify the corporation’s legal counsel or, if the corporation’s legal counsel is unavailable, the chief executive officer of the corporation if the member or employee has a direct or indirect, private, pecuniary interest in a contract that is being negotiated, bid for, or entered into with the corporation. If the corporation’s legal counsel or chief executive officer is notified under this section, he or she shall report the name of the individual from whom he or she received the notification and the contract in which the individual has a private, pecuniary interest to the board. A member or employee who notifies the corporation’s legal counsel or chief executive officer under this section is not authorized to participate in the member’s or employee’s capacity as a member of the board or an employee of the corporation in the making of the contract or to perform in regard to the contract some official function requiring the exercise of discretion on the member’s or employee’s part.

(2) An employee of the corporation shall notify the corporation’s legal counsel or, if the corporation’s legal counsel is unavailable, the chief executive officer of the corporation if the employee has a controlling interest in an entity that is negotiating, bidding for, or entering into a contract with the corporation. If the corporation’s legal counsel or chief executive officer is notified under this section, he or she shall report the name of the individual from whom he or she received the notification and the contract at issue to the board. The board shall prohibit the corporation from entering into any contract with an entity in which an employee of the corporation has a controlling interest.

History: 2013 a. 43 s. 1 ; 2013 a. 173 s. 32 .
Wis. Stat. § 551.611 — WI Code / Chapter 551 / Section 551.611
Service of process.
Status: in_force

(1) Signed consent to service of process. A consent to service of process complying with this section required by this chapter must be signed and filed in the form required by a rule or order under this chapter. A consent appointing the administrator the person’s agent for service of process in a noncriminal action or proceeding against the person, or the person’s successor or personal representative under this chapter or a rule adopted or order issued under this chapter after the consent is filed, has the same force and validity as if the service were made personally on the person filing the consent. A person that has filed a consent complying with this subsection in connection with a previous application for registration or notice filing need not file an additional consent.

(2) Conduct constituting appointment of agent for service. If a person, including a nonresident of this state, engages in an act, practice, or course of business prohibited or made actionable by this chapter or a rule adopted or order issued under this chapter and the person has not filed a consent to service of process under sub. (1) , the act, practice, or course of business constitutes the appointment of the administrator as the person’s agent for service of process in a noncriminal action or proceeding against the person or the person’s successor or personal representative.

(3) Procedure for service of process. Service under sub. (1) or (2) may be made by providing a copy of the process to the office of the administrator, but it is not effective unless all of the following apply:

(a) The plaintiff, which may be the administrator, promptly sends notice of the service and a copy of the process, return receipt requested, to the defendant or respondent at the address set forth in the consent to service of process or, if a consent to service of process has not been filed, at the last known address, or takes other reasonable steps to give notice.

(b) The plaintiff files an affidavit of compliance with this subsection in the action or proceeding on or before the return day of the process, if any, or within the time that the court, or the administrator in a proceeding before the administrator, allows.

(4) Service in administrative proceedings or civil actions by administrator. Service pursuant to sub. (3) may be used in a proceeding before the administrator or by the administrator in a civil action in which the administrator is the moving party.

(5) Opportunity to defend. If process is served under sub. (3) , the court, or the administrator in a proceeding before the administrator, shall order continuances as are necessary or appropriate to afford the defendant or respondent reasonable opportunity to defend.

History: 2007 a. 196 .
Wis. Stat. § 32.51 — WI Code / Chapter 32 / Section 32.51
Exercise of eminent domain.
Status: in_force

(1) Purposes. In addition to the powers granted under subch. I and subject to the limitations under s. 32.015 , any city may condemn or otherwise acquire property under this subchapter for:

(a) Any purpose stated in article XI, section 3a, of the constitution.

(b) Public alleys, grounds, harbors, libraries, museums, school sites, vehicle parking areas, airports, markets, hospitals, ward yards, bridges, viaducts, water systems and water mains.

(c) Constructing and maintaining sewers.

(d) Slum elimination.

(e) Low-income housing.

(f) Blighted area redevelopment.

(g) Any other municipal purposes.

(2) Levying assessments. Any city may levy assessments on property benefited to finance improvements under this subchapter.

History: 1983 a. 236 , 538 ; 1995 a. 378 ; 2017 a. 59 .
Wis. Stat. § 85.055 — WI Code / Chapter 85 / Section 85.055
Passenger railroad station improvements.
Status: in_force

(1) In this section, “local governmental unit” means a city, village, town or county or an agency or subdivision of a city, village, town or county.

(2) The department shall administer a passenger railroad station improvement grant program. From the appropriation under s. 20.395 (2) (ct) , the department shall award grants to local governmental units or private entities for the construction or rehabilitation of passenger railroad stations along existing or proposed rail passenger routes. The amount of a grant awarded under this section shall be limited to an amount equal to 33 percent of the cost of the project or $60,000, whichever is less.

(3) The department may not award a grant under this section to a public entity unless the governing body of the city, town, village or county has adopted a resolution supporting the proposed project.

History: 1999 a. 9 ; 2015 a. 197 s. 51 .
Wis. Stat. § 129.06 — WI Code / Chapter 129 / Section 129.06
Art dealer; duties.
Status: in_force

An art dealer who accepts a work of fine art, on a fee, commission or other compensation basis, on consignment from the artist who created the work of fine art may use or display the work of fine art or a photograph of the work of fine art or permit the use or display of the work of fine art or a photograph of the work of fine art only if:

(1) Notice is given to users or viewers that the work of fine art is the work of the artist; and

(2) The artist gives prior written consent to the particular use or display.

History: 1979 c. 61 .
Wis. Stat. § 811.23 — WI Code / Chapter 811 / Section 811.23
Judgment for plaintiff, how satisfied.
Status: in_force

When the plaintiff shall have recovered judgment in the action the sheriff or officer shall satisfy the same out of the property attached or received from any garnishee or otherwise, if sufficient therefor:

(1) By paying over to such plaintiff all money attached or received upon sales of property, or from any garnishee, or upon any debts or credits, or so much thereof as shall be necessary.

(2) By selling, under such execution as may be issued on such judgment, so much of the attached property, real or personal, as shall be necessary to satisfy the balance unpaid, according to the provisions regulating sales upon execution; except as provided in sub. (4) .

(3) If any of the attached property belonging to the defendant shall have passed out of the hands of the sheriff without having been sold or converted into money, the sheriff shall repossess the attached property, and for that purpose shall have all the authority which the sheriff had to seize the property under the writ of attachment; and any person who shall willfully conceal or withhold the attached property from the sheriff shall be liable to double damages at the suit of the party injured.

(4) Until the judgment against the defendant shall be paid the sheriff may proceed to collect the evidences of debt that may have been seized or attached by virtue of the writ of attachment or that may have been delivered up by any person summoned as garnishee, and to prosecute any bond the sheriff may have taken in the course of the proceedings, and apply the proceeds thereof to the payment of the judgment and costs. When the judgment and all costs of the proceedings shall have been paid, the sheriff, upon reasonable demand, shall deliver over to the defendant the residue of the property attached or that may have been received from any garnishee, or the proceeds thereof.

History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 811.23; 1993 a. 486 .
Wis. Stat. § 186.071 — WI Code / Chapter 186 / Section 186.071
Oath of office.
Status: in_force

(1) Oath. Every director, officer, committee member and employee shall sign an oath of office. The oath shall require the director, officer, committee member and employee to do all of the following:

(a) Keep confidential the financial affairs of credit union members, unless state and federal laws, security requirements or sound lending practices permit disclosure.

(b) Keep confidential the records and accounts of the credit union and the deliberations of the board of directors unless state or federal law permits disclosure.

(c) Familiarize themselves with the credit union laws, bylaws, rules and policies.

(d) Avoid initiating or participating in any insider dealings using credit union funds or the credit union’s power or authority.

(e) Avoid initiating or participating in any action that may present to that person a personal conflict of interest.

(2) Removal for violation. If an individual refuses to sign the oath of office or knowingly and willfully violates the oath of office, the board shall remove that individual as a director, officer or committee member or shall direct that the individual be terminated as an employee.

History: 1995 a. 151 ; 1997 a. 152 ; 2015 a. 304 .
Wis. Stat. § 940.01 — WI Code / Chapter 940 / Section 940.01
First-degree intentional homicide.
Status: in_force

(1) Offenses.

(a) Except as provided in sub. (2) , whoever causes the death of another human being with intent to kill that person or another is guilty of a Class A felony.

(b) Except as provided in sub. (2) , whoever causes the death of an unborn child with intent to kill that unborn child, kill the woman who is pregnant with that unborn child or kill another is guilty of a Class A felony.

(2) Mitigating circumstances. The following are affirmative defenses to prosecution under this section which mitigate the offense to 2nd-degree intentional homicide under s. 940.05 :

(a) Adequate provocation. Death was caused under the influence of adequate provocation as defined in s. 939.44 .

(b) Unnecessary defensive force. Death was caused because the actor believed he or she or another was in imminent danger of death or great bodily harm and that the force used was necessary to defend the endangered person, if either belief was unreasonable.

(c) Prevention of felony. Death was caused because the actor believed that the force used was necessary in the exercise of the privilege to prevent or terminate the commission of a felony, if that belief was unreasonable.

(d) Coercion; necessity. Death was caused in the exercise of a privilege under s. 939.45 (1) .

(3) Burden of proof. When the existence of an affirmative defense under sub. (2) has been placed in issue by the trial evidence, the state must prove beyond a reasonable doubt that the facts constituting the defense did not exist in order to sustain a finding of guilt under sub. (1) .

History: 1987 a. 399 ; 1997 a. 295 .
Wis. Stat. § 60.20 — WI Code / Chapter 60 / Section 60.20
Town board.
Status: in_force

(1) Membership. The town board consists of the supervisors of the town. The board shall be designated “Town Board of ....”.

(2) Quorum. Two supervisors constitute a quorum of a 3-member town board, 3 supervisors constitute a quorum of a 4-member or 5-member town board, and 4 supervisors constitute a quorum of a 7-member town board under s. 60.21 (3) .

(3) Meetings. Meetings of the town board may be held in the town or in any other town, city or village in the same county or in an adjoining county, subject to subch. V of ch. 19 .

History: 1983 a. 532 ; 1991 a. 39 ; 2005 a. 312 .
Wis. Stat. § 51.043 — WI Code / Chapter 51 / Section 51.043
Crisis hostels.
Status: in_force

(1) Definitions. In this section:

(a) “Crisis hostel” means a mental health stabilization program with a maximum of 15 beds that provides crisis stabilization services to an adult individual to prevent or de-escalate the individual’s mental health crisis and avoid admission of the individual to a more restrictive setting.

(b) “Crisis stabilization services” means optional emergency mental health services that provide short-term, intensive, community-based services to avoid the need for inpatient hospitalization.

(2) Certification required; exemption.

(a) Except as provided in par. (b) , no person may operate a crisis hostel without a certification from the department.

(b) If a county has, by March 31, 2024, established a crisis hostel and operates the crisis hostel pursuant only to certification under ch. DHS 34 , Wis. Adm. Code, where individuals whose anticipated length-of-stay is longer than 23 hours due to needs outside of crisis stabilization, and crisis stabilization services are provided in a distinct and separate area from where an individual may spend the night, the county may continue to provide crisis stabilization services without obtaining additional residential licensure and is not required to receive a certification under this section. Needs outside of crisis stabilization may include housing insecurity or stability issues necessitating coordination of transportation, advocacy, and housing assistance.

(c) The department may not limit the number of certifications it issues to operate a crisis hostel.

(d) The department shall establish application fees and biennial certification fees.

(e) A crisis hostel operated under par. (a) or (b) is not subject to facility regulation under ch. 50 .

(3) Admissions.

(a) An individual 18 years of age or older may be admitted to a crisis hostel to receive crisis stabilization services.

(b) Crisis stabilization services may only be provided at a crisis hostel on a voluntary basis to individuals who are 18 years of age or older. Crisis hostel staff may not admit an individual who is transported to the hostel involuntarily for emergency detention under s. 51.15 .

(4) Rules. The department shall promulgate rules to implement this section.

History: 2023 a. 249 .
Wis. Stat. § 234.17 — WI Code / Chapter 234 / Section 234.17
Repayment to general fund.
Status: in_force

(1) The authority shall repay the amounts appropriated under s. 20.143 (1) (a) , 1971 stats., to the general fund from that portion of the authority’s surplus, if any, as is determined by agreement between the authority and the secretary of administration.

(2) By July 31, 2005, July 31, 2006, and July 31, 2007, the authority shall pay into the state treasury an amount equal to the cost to the state of the tax exemption under ss. 71.05 (1) (c) 1m. , 71.26 (1m) (em) , and 71.45 (1t) (em) in the previous taxable year, as determined jointly by the secretary of administration and the authority.

History: 1971 c. 287 ; 1975 c. 39 ; 1977 c. 418 ; 2003 a. 85 .
Wis. Stat. § 346.44 — WI Code / Chapter 346 / Section 346.44
All vehicles to stop at signal indicating approach of train.
Status: in_force

(1) The operator of a vehicle shall not drive on or across a railroad crossing under any of the following circumstances:

(a) While any traffic officer or railroad employee signals to stop;

(b) While any warning device signals to stop, except that if the operator of the vehicle after stopping and investigating finds that no railroad train or railroad track equipment is approaching the operator may proceed.

(c) If any crossbuck sign specified under s. 192.29 (5) (a) is maintained at the crossing, while any railroad train or railroad track equipment occupies the crossing or approaches so closely to the crossing as to constitute a hazard of collision.

(2) The operator of a vehicle shall not drive through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.

History: 1991 a. 316 ; 2005 a. 95 ; 2011 a. 101 .
Wis. Stat. § 705.29 — WI Code / Chapter 705 / Section 705.29
Nontestamentary transfer on death.
Status: in_force

(1) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and ss. 705.21 to 705.30 and is not testamentary.

(2) Sections 705.21 to 705.30 do not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this state.

History: 1989 a. 331 .
Wis. Stat. § 302.34 — WI Code / Chapter 302 / Section 302.34
Use of jail of another county.
Status: in_force

Courts, judges and officers of any county having no jail and no cooperative agreement under s. 302.44 may sentence, commit or deliver any person to the jail of any other county as if that jail existed in their own county. The sheriff of the other county shall receive and keep the prisoner in all respects as if committed from his or her county. The cost of the keep shall be paid by the county from which the prisoner was sentenced, committed or delivered.

History: 1983 a. 110 ; 1989 a. 31 s. 1649 ; Stats. 1989 s. 302.34.
Wis. Stat. § 181.11001 — WI Code / Chapter 181 / Section 181.11001
Relationship of subchapter to other laws.
Status: in_force

(1) This subchapter does not authorize an act prohibited by, and does not affect the application or requirements of, law other than this subchapter.

(2) A transaction effected under this subchapter may not create or impair a right, duty, or obligation of a person under the law of this state, other than this subchapter, relating to a change in control, takeover, business combination, control-share acquisition, or similar transaction involving a domestic constituent, acquired, or converting entity.

History: 2021 a. 258 .
Wis. Stat. § 440.81 — WI Code / Chapter 440 / Section 440.81
Records.
Status: in_force

(1) A crematory authority shall maintain a permanent record of each cremation at its place of business consisting of the name of the decedent, the date of the cremation, and a description of the manner in which the cremated remains are disposed.

(2) A crematory authority shall maintain as permanent records the documentation specified in s. 440.78 (1) and copies of receipts under ss. 440.77 (1) and 440.79 .

History: 2005 a. 31 .
Wis. Stat. § 46.001 — WI Code / Chapter 46 / Section 46.001
Purposes of chapter.
Status: in_force

The purposes of this chapter are to conserve human resources in Wisconsin; to prevent dependency, mental illness, developmental disability, mental infirmity, and other forms of social maladjustment by a continuous attack on causes; to provide effective aid and services to all persons in need of that aid and those services and to assist those persons to achieve or regain self-dependence at the earliest possible date; to avoid duplication and waste of effort and money on the part of public and private agencies; and to coordinate and integrate a social welfare program.

History: 1977 c. 354 ; 1983 a. 447 ; 1989 a. 31 ; 1995 a. 27 ; 1997 a. 292 ; 2007 a. 20 .