FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 800.05 — WI Code / Chapter 800 / Section 800.05
Substitution or disqualification of municipal judge.
Status: in_force

(1) A defendant may file a written request for a substitution of a new judge for the municipal judge assigned to the trial of that case. The written request shall be filed not later than 7 days after the initial appearance in person or by an attorney. The municipal judge against whom a request has been filed may set initial bail and accept a plea of not guilty.

(3) Upon receipt of the written request under sub. (1) , the original judge shall have no further jurisdiction in the case except as provided in sub. (1) and except to determine if the request was made timely and in proper form. Upon such a determination, or if no determination is made within 7 days, the court shall transfer the matter to the chief judge of the judicial administrative district for the determination and reassignment of the action as necessary. If the request is determined to be proper, the case shall be transferred as provided in s. 751.03 (2) . Upon transfer, the municipal judge shall immediately transmit to the appropriate judge all the records in the action. Upon receipt of the records, the new judge shall specify the court’s location in which the case will be heard and shall consider any objection to the proposed location in making the determination. In all such cases, the parties shall remain the same, the prosecutor of the transferring court shall be responsible for prosecution before the new judge, and the judgment, if any, shall be payable to the transferring court.

(4)

(a) If a new judge is assigned to the trial of the action, and the defendant has not exercised the right to substitute an assigned judge, a written request for the substitution of the new judge may be filed within 7 days after the giving of actual notice or sending of the notice of assignment to the defendant or the defendant’s attorney. If the notice occurs within 48 hours of the trial, or if there has been no notification, the defendant may make an oral or written request for substitution prior to the commencement of the proceedings.

(b) If upon an appeal from a judgment or order or upon a writ of error the appellate court orders a new trial or reverses or modifies the judgment or order in a manner such that further proceedings in the municipal court are necessary, the person charged with a violation may file a request under sub. (1) within 20 days after the entry of the judgment or decision of the appellate court whether or not another request was filed prior to the time the appeal or writ of error was taken.

(5) If the municipal judge disqualifies himself or herself under s. 757.19 or SCR 60.04 , the case shall be transferred under sub. (3) .

History: 1977 c. 305 , 447 ; 1977 c. 449 s. 496 ; 1979 c. 32 ss. 68 , 92 (17) ; Stats. 1979 s. 800.05; 1987 a. 151 ; 2009 a. 402 ; 2019 a. 70 .
Wis. Stat. § 94.715 — WI Code / Chapter 94 / Section 94.715
Pest management for schools.
Status: in_force

(1) Definition. In this section, “pesticide” has the meaning given in s. 94.67 (25) , except that “pesticide” does not include a germicide, sanitizer, or disinfectant.

(2) Requirements for school boards. A school board shall do all of the following:

(dm) Authorize pesticide application in a school or on school grounds to be conducted only by persons who are certified in the applicable pesticide use categories under s. 94.705 .

(g) Post notice of each pesticide application in a school or on school grounds at the time of the application and for at least 72 hours following the application.

History: 2001 a. 16 ; 2021 a. 238 ss. 44 , 45 .
Wis. Stat. § 221.0322 — WI Code / Chapter 221 / Section 221.0322
Additional banking authority.
Status: in_force

(1) Other permitted activities or powers. Subject to any regulatory approval required by law and subject to sub. (2) and s. 221.0315 (2) , a bank, directly or through a subsidiary of the bank, may undertake any activity, exercise any power or offer any financially related product or service in this state that any other provider of financial products or services may undertake, exercise or provide or that the division finds to be financially related.

(2) Division rules. The activities, powers, products and services that may be undertaken, exercised or offered by banks under sub. (1) are limited to those specified by rule of the division and, with respect to loans under s. 221.0321 (1) and investments under s. 221.0321 (2) , are subject to the limitations set forth in s. 221.0321 . The division may direct any bank to cease any activity, the exercise of any power or the offering of any product or service authorized by rule under this subsection. Among the factors that the division may consider in so directing a bank are the bank’s capital, assets, management and liquidity ratio, and capital ratio.

History: 1995 a. 336 .
Wis. Stat. § 408.505 — WI Code / Chapter 408 / Section 408.505
Duty of securities intermediary with respect to payments and distributions.
Status: in_force

(1) A securities intermediary shall take action to obtain a payment or distribution made by the issuer of a financial asset. A securities intermediary satisfies the duty if:

(a) The securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary; or

(b) In the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to attempt to obtain the payment or distribution.

(2) A securities intermediary is obligated to its entitlement holder for a payment or distribution made by the issuer of a financial asset if the payment or distribution is received by the securities intermediary.

History: 1997 a. 297 .
Wis. Stat. § 125.66 — WI Code / Chapter 125 / Section 125.66
Sale without license; failure to obtain permit; penalties.
Status: in_force

(1) No person may sell, or possess with intent to sell, intoxicating liquor unless that person holds the appropriate license or permit. Whoever violates this subsection may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

(2) The issuance of any current permit or special tax stamp of the federal government to any person, authorizing or permitting the person to sell intoxicating liquor, shall be prima facie evidence in any prosecution for violation of this section that the person was engaged in selling intoxicating liquor.

(3) Any person manufacturing or rectifying intoxicating liquor without holding appropriate permits under this chapter, or any person who sells such liquor, is guilty of a Class F felony.

(4) Notwithstanding sub. (1) and s. 125.04 (1) , a “Class A” licensee who sells intoxicating liquor to a “Class B” licensee for resale may be fined not more than $100.

History: 1981 c. 79 ; 1989 a. 253 ; 1995 a. 27 ; 1997 a. 283 ; 2001 a. 109 .
Wis. Stat. § 865.02 — WI Code / Chapter 865 / Section 865.02
Use of informal administration.
Status: in_force

(1) Informal administration may be used:

(a) Where the decedent died testate and:

1. The will does not prohibit the use of informal administration;

2. The will names a personal representative who accepts such appointment;

3. Bond is furnished if required under s. 865.07 as provided under s. 856.25 ; and

4. The probate registrar may appoint a guardian ad litem, and shall have the authority, for such purpose, granted to the court by, and shall proceed pursuant to s. 879.23 .

(b) Where the decedent died intestate or the requirements of par. (a) 2. and 3. are not satisfied and:

1. All interested persons request or consent in writing to informal administration and to the appointment of the same person as personal representative. A guardian or guardian ad litem may consent on behalf of an interested person who is a minor or is an individual adjudicated incompetent. The probate registrar may appoint a guardian ad litem, and shall have the authority, for such purpose, granted to the court by, and shall proceed pursuant to s. 879.23 .

2. Bond is furnished if required under s. 865.07 as provided under s. 856.25 .

(2) Where the will of the decedent expressly prohibits informal administration it shall not be used.

History: 1973 c. 39 ; 1975 c. 331 ; 2005 a. 387 .
Wis. Stat. § 423.302 — WI Code / Chapter 423 / Section 423.302
Remedies and penalty.
Status: in_force

In addition to any other remedy provided by law, a customer who has been induced to consummate a consumer credit transaction as a result of advertising in violation of s. 423.301 shall be entitled to a recovery from the merchant in accordance with s. 425.305 .

History: 1971 c. 239 .
Wis. Stat. § 347.435 — WI Code / Chapter 347 / Section 347.435
Vehicle monitoring and feedback.
Status: in_force

Notwithstanding s. 346.88 , a person may operate a vehicle that has a device mounted to the front windshield if all of the following apply:

(1) The device is designed to monitor the vehicle and provide feedback to the operator for the purpose of safety or improving vehicle operation.

(2) The device is mounted directly above, behind, or below the mirror required in s. 347.40 (1) or, if no mirror is present, at the location where the mirror would typically be mounted.

(3) The device is mounted in a manner consistent with applicable federal requirements if the vehicle is a commercial motor vehicle as defined in 49 CFR 390.5 .

History: 2015 a. 160 .
Wis. Stat. § 97.73 — WI Code / Chapter 97 / Section 97.73
Injunction.
Status: in_force

In addition to penalties applicable to this chapter, the department may apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating provisions of this chapter and rules or orders issued under this chapter.

History: 1971 c. 156 s. 10 ; Stats. 1971 s. 97.73; 1983 a. 261 .
Wis. Stat. § 778.135 — WI Code / Chapter 778 / Section 778.135
Campaign finance, lobbying, and ethics forfeitures; how recovered.
Status: in_force

Notwithstanding s. 778.13 , whenever any action or proposed action by the elections commission under s. 5.05 (1) (c) or the ethics commission under s. 19.49 (1) (b) is settled as a result of agreement between the parties without approval of the court, the moneys accruing to the state on account of such settlement shall be paid to the commission and deposited with the secretary of administration.

History: 1977 c. 427 ; 1979 c. 32 ss. 56 , 92 (8) ; Stats. 1979 s. 778.135; 1999 a. 182 ; 2003 a. 33 ; 2007 a. 1 ; 2015 a. 118 .
Wis. Stat. § 881.03 — WI Code / Chapter 881 / Section 881.03
Jurisdiction of court.
Status: in_force

Nothing contained in this chapter shall be construed to affect the power or jurisdiction of any court of the state of Wisconsin in respect to trusts and trustees, nor as restricting the power of a court of proper jurisdiction to permit a fiduciary to deviate from the terms of any will, agreement or other instrument relating to the acquisition, investment, reinvestment, exchange, retention, sale or management of fiduciary property.

History: 1971 c. 41 s. 8 ; Stats. 1971 s. 881.03.
Wis. Stat. § 449.02 — WI Code / Chapter 449 / Section 449.02
Licenses; exemptions.
Status: in_force

(1) No person shall practice optometry within the meaning of this chapter without a license to do so and a valid certificate of registration issued by the examining board, except that a dispensing optician need not be so licensed for the practice of optical dispensing.

(2) This section shall not apply to physicians and surgeons duly licensed as such in Wisconsin nor shall this section apply to the sale of spectacles containing simple lenses of a plus power only at an established place of business incidental to other business conducted therein, without advertising other than price marking on the spectacles, if no attempt is made to test the eyes. The term “simple lens” shall not include bifocals.

(3) This section does not apply to a person who practices optometry under the supervision of an optometrist licensed under this chapter. The examining board shall promulgate rules specifying the conditions for supervision required under this subsection.

History: 2005 a. 297 .
Wis. Stat. § 940.44 — WI Code / Chapter 940 / Section 940.44
Intimidation of victims; misdemeanor.
Status: in_force

Except as provided in s. 940.45 , whoever knowingly and maliciously prevents or dissuades, or who attempts to so prevent or dissuade, another person who has been the victim of any crime or who is acting on behalf of the victim from doing any of the following is guilty of a Class A misdemeanor:

(1) Making any report of the victimization to any peace officer or state, local or federal law enforcement or prosecuting agency, or to any judge.

(2) Causing a complaint, indictment, or information to be sought or prosecuted, or assisting in the prosecution thereof.

(3) Arresting or causing or seeking the arrest of any person in connection with the victimization.

History: 1981 c. 118 ; 2015 a. 14 .
Wis. Stat. § 813.17 — WI Code / Chapter 813 / Section 813.17
Receiver; payment of employees’ wages.
Status: in_force

Whenever a receiver shall be appointed to manage or close up any business, the receiver shall immediately report to the court the amount due the employees in such business; and said court shall order the receiver to pay out of the first receipts of said business, after the payment of costs, debts due the United States or this state, taxes and assessments and the current expenses of carrying on or closing said business, the wages, including pension, welfare and vacation benefits, of such employees earned during the last 3 months of employment and within one year prior to the receiver’s appointment.

History: 1971 c. 63 ; Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.17; 1993 a. 486 .
Wis. Stat. § 565.05 — WI Code / Chapter 565 / Section 565.05
Conflicts of interest.
Status: in_force

(1) No employee in the lottery division of the department or the secretary, deputy secretary, or assistant deputy secretary of revenue may do any of the following:

(a) Except as provided in sub. (1m) , have a direct or indirect interest in, or be employed by, any vendor while serving as an employee in the lottery division of the department or as secretary, deputy secretary, or assistant deputy secretary of revenue for 2 years following the person’s termination of service.

(b) Have a direct or indirect interest in or be employed by a business which has entered into a retailer contract under s. 565.10 .

(d) Accept or agree to accept money or any other thing of value from any vendor, retailer or person who has submitted a bid, proposal or application to be a vendor or retailer.

(1m) A former employee of the lottery division of the department may be employed by a vendor at any time following the termination of the employee’s employment with the lottery division of the department if the department has entered into a contract with the vendor to perform services that were previously performed by employees of the lottery division of the department. An employee of the lottery division of the department may discuss future employment with a vendor while the vendor is attempting to enter into a major procurement contract with the department relating to the lottery only if the employee has the prior written consent of the administrator. This subsection does not apply to the administrator, deputy administrator, or any bureau director in the lottery division of the department.

(2) A vendor selected to provide management consultation services described under s. 565.01 (4c) (a) or (b) may not do any of the following:

(a) Submit a bid or competitive sealed proposal with respect to those goods or services.

(b) Have any ownership interest in or any partners, members or shareholders who have any ownership interest in any vendor that is under contract to supply or that submits a bid or competitive sealed proposal to supply those goods or services.

History: 1987 a. 119 ; 1989 a. 99 ; 1991 a. 269 ; 1993 a. 112 ; 1995 a. 27 ; 1997 a. 27 , 237 ; 2013 a. 20 ; 2015 a. 55 .
Wis. Stat. § 822.23 — WI Code / Chapter 822 / Section 822.23
Jurisdiction to modify determination.
Status: in_force

Except as provided in s. 822.24 , a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under s. 822.21 (1) (a) or (b) and one of the following applies:

(1) The court of the other state determines that it no longer has exclusive, continuing jurisdiction under s. 822.22 or that a court of this state would be a more convenient forum under s. 822.27 .

(2) A court of this state or a court of the other state determines that the child, the child’s parents, and all persons acting as parents do not presently reside in the other state.

History: 2005 a. 130 .
Wis. Stat. § 170.11 — WI Code / Chapter 170 / Section 170.11
Penalty for neglect.
Status: in_force

Except as provided in s. 170.12 , if the finder of lost money or goods having a value of $3 or more fails to give notice of the found money or goods or otherwise to comply with the provisions of ss. 170.07 to 170.10 , the finder shall be liable for the full value of the money or goods, one-half to the use of the town and the other half to the person who sues for the full value, and shall also be responsible to the owner for the money or goods.

History: 1991 a. 206 .
Wis. Stat. § 322.101 — WI Code / Chapter 322 / Section 322.101
Article 101 — Improper use of countersign.
Status: in_force

Any person who in time of war discloses the parole or countersign to any person not entitled to receive it or who gives to another, who is entitled to receive and use the parole or countersign, a different parole or countersign from that which, to his or her knowledge, he or she was authorized and required to give, shall be punished as a court-martial may direct.

History: 2007 a. 200 .
Wis. Stat. § 48.485 — WI Code / Chapter 48 / Section 48.485
Transfer of Indian children to department for adoption.
Status: in_force

(1) If the department accepts guardianship or legal custody or both from a tribal court under s. 48.48 (3m) , the department shall seek a permanent adoptive placement for the child or seek to enter into a subsidized guardianship agreement under s. 48.623 (2) with a proposed guardian of the child and petition the court for the appointment of that individual as the guardian of the child under s. 48.977 (2) or under a substantially similar tribal law.

(2) If a permanent adoptive or subsidized guardianship placement is not in progress within 2 years after entry of the termination of parental rights order by the tribal court, the department may petition the tribal court to transfer legal custody or guardianship of the Indian child back to the Indian tribe, except that the department may not petition the tribal court to transfer back to an Indian tribe legal custody or guardianship of an Indian child who was initially taken into custody under s. 48.195 (1m) .

History: 1989 a. 31 ; 2005 a. 296 ; 2009 a. 94 ; 2013 a. 20 ; 2023 a. 79 .
Wis. Stat. § 88.61 — WI Code / Chapter 88 / Section 88.61
Laying out drains, assessment of benefits and award of damages in existing drainage district.
Status: in_force

After the organization of a drainage district and the construction of drains under the procedures in ss. 88.35 and 88.36 , if the drainage board proposes to construct additional drains in the existing drainage district, it shall prepare reports, assess benefits and damages, conduct a hearing and determine costs and benefits substantially as provided under ss. 88.35 and 88.36 .

History: 1993 a. 456 .
Wis. Stat. § 180.0627 — WI Code / Chapter 180 / Section 180.0627
Restriction on transfer of shares and other securities.
Status: in_force

(1) In this section:

(a) “Other securities” include securities that are convertible into or carry a right to subscribe for or acquire shares.

(b) “Transfer restriction” means a restriction on the transfer or registration of transfer of shares and other securities of a corporation.

(2)

(a) Except as provided in par. (b) , the articles of incorporation, bylaws, an agreement among shareholders and holders of other securities, or an agreement between shareholders and holders of other securities and the corporation may impose a transfer restriction on shares and other securities of the corporation for any reasonable purpose, including but not limited to any of the following purposes:

1. Maintaining the corporation’s status when it is dependent on the number or identity of its shareholders.

2. Preserving exemptions under federal or state securities law.

(b) A transfer restriction may not affect shares and other securities issued before the restriction is adopted unless the holders of the shares and other securities are parties to the transfer restriction agreement or vote in favor of the transfer restriction.

(3) A transfer restriction is valid and enforceable against the holder or a transferee of the holder if the transfer restriction is authorized by this section and its existence is noted conspicuously on the front or back of the certificate or is contained in the information statement required by s. 180.0626 (2) . Unless so noted, a transfer restriction is not enforceable against a person who does not know of the transfer restriction.

(4) The transfer restrictions permitted under this section include, but are not limited to, transfer restrictions that do any of the following:

(a) Obligate the shareholder or holder of other securities first to offer the corporation or other persons, whether separately, consecutively or simultaneously, an opportunity to acquire the restricted shares or other securities.

(b) Obligate the corporation or other persons, whether separately, consecutively or simultaneously, to acquire the restricted shares or other securities.

(c) Require the corporation, the holders of any class of its shares or other securities or another person to approve the transfer of the restricted shares or other securities, if the requirement is not manifestly unreasonable.

(d) Prohibit the transfer of the restricted shares or other securities to designated persons or classes of persons, if the prohibition is not manifestly unreasonable.

History: 1989 a. 303 .
Wis. Stat. § 287.10 — WI Code / Chapter 287 / Section 287.10
Limit on local regulation.
Status: in_force

No responsible unit that accepts funds under s. 287.23 or county or municipality located within such a responsible unit may impose a restriction, except one that is consistent with this chapter or ch. 100 , or a tax or fee on the sale or distribution of packaging for a purpose relating to the disposal of the packaging.

History: 1989 a. 335 ; 1995 a. 227 s. 893 ; Stats. 1995 s. 287.10.