FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 411.108 — WI Code / Chapter 411 / Section 411.108
Unconscionability.
Status: in_force

(1) If the court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable when it was made, the court may refuse to enforce the lease contract, or it may enforce the remainder of the lease contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.

(2) With respect to a consumer lease, if the court as a matter of law finds that a lease contract or any clause of a lease contract has been induced by unconscionable conduct or that unconscionable conduct has occurred in the collection of a claim arising from a lease contract, the court may grant appropriate relief.

(3) Before making a finding of unconscionability under sub. (1) or (2) , the court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose and effect of the lease contract or the clause of the lease contract, or of the conduct.

(4) In an action in which the lessee claims unconscionability with respect to a consumer lease, all of the following apply:

(a) If the court finds unconscionability under sub. (1) or (2) , the court shall award reasonable attorney fees to the lessee, notwithstanding s. 814.04 (1) .

(b) If the court does not find unconscionability and the lessee claiming unconscionability brought or maintained an action that he or she knew to be groundless, the court shall award reasonable attorney fees, notwithstanding s. 814.04 (1) , to the party against whom the claim is made.

(c) In determining attorney fees, the amount of the recovery on behalf of the claimant under subs. (1) and (2) is not controlling.

History: 1991 a. 148 .
Wis. Stat. § 33.33 — WI Code / Chapter 33 / Section 33.33
Merger, attachment, detachment.
Status: in_force

(1) Merger. Any district may be merged with a contiguous district by resolution passed by a four-fifths vote of all the members of each board of commissioners. At the next annual or special meeting, whichever occurs first, the electors and property owners shall vote on whether to ratify the merger. If a majority of the electors and property owners present and voting in each district endorse the merger, it takes effect. Following ratification, the boards of commissioners of merging districts shall act jointly until the next annual or special meeting whichever occurs first, at which time the board of the merged district shall be conformed to the requirements specified in s. 33.28 . The governing body of the county, town, village or city having the largest portion by valuation within the district shall make the appointments under s. 33.28 (2) .

(2) Attachment. Contiguous territory may be attached to a district upon petition by the owner or motion of the commissioners.

(a) Petition. A petition by an owner, directed to the district and requesting attachment, may be accepted by majority vote of the commissioners, upon which the attachment shall become effective.

(b) Motion. If the commissioners by motion initiate attachment proceedings, they shall notify the owners of the territory contemplated for attachment and the county board. The county board shall schedule a hearing on the motion, using the procedure of s. 33.26 as far as is applicable. Following the hearing, the board shall make a finding on the necessity of attachment of territory, using the standards of s. 33.26 (3) , and shall declare the territory to be either attached or not. Appeals of the board’s decision shall be taken under s. 33.26 (7) .

(3) Detachment. Territory may be detached from the district following petition of the owner or motion of the commissioners. Proposals for detachment shall be considered by the commissioners, and territory may be detached upon a finding that such territory is not benefited by continued inclusion in the district. Appeals of the commissioners’ decision may be taken under s. 33.26 (7) .

History: 1973 c. 301 ; 1975 c. 197 ; 1981 c. 20 ; 1989 a. 159 ; 2003 a. 275 .
Wis. Stat. § 978.07 — WI Code / Chapter 978 / Section 978.07
Obsolete district attorney records.
Status: in_force

(1) Whenever necessary to gain needed vault and filing space, a district attorney may destroy, subject to sub. (2) , obsolete records in his or her custody as follows:

(a) Any district attorney record, after it has first been microfilmed or transferred to optical disc or electronic storage and preserved in accordance with s. 16.61 .

(b) Any case record of a traffic, misdemeanor, civil or related case, 3 years after commencement of the action.

(c)

1. Any case record of a felony punishable by life imprisonment or a related case, after the defendant’s parole eligibility date under s. 304.06 (1) or 973.014 (1) or date of eligibility for release to extended supervision under s. 973.014 (1g) (a) 1. or 2. , whichever is applicable, or 50 years after the commencement of the action, whichever occurs later. If there is no parole eligibility date or no date for release to extended supervision, the district attorney may destroy the case record after the defendant’s death.

2. Any case record of a felony punishable by a maximum period of imprisonment equal to at least 20 years or a related case, after the mandatory release date established under s. 302.11 (1) or the presumptive mandatory release date established under s. 302.11 (1g) , if applicable, of any person convicted of that felony or 20 years after commencement of the action, whichever is later.

3. Except as provided in subds. 1. and 2. , any case record of a felony or related case, after the mandatory release date established under s. 302.11 (1) or the presumptive mandatory release date established under s. 302.11 (1g) , if applicable, of any person convicted of that felony or 10 years after the commencement of the action, whichever is later.

(d) Any other district attorney record not included under pars. (a) to (c) made or received in connection with a transaction as evidence of a district attorney’s activities or functions, after 6 years.

(2) Prior to destruction of records under sub. (1) , the district attorney for a prosecutorial unit with a population of less than 750,000 shall make a written offer to the historical society under s. 44.09 . If the offer is accepted by the society within 60 days after the day the offer is made, the district attorney shall transfer the title to those records to the historical society. If the offer is not accepted within 60 days after the day the offer is made, the district attorney may destroy the records.

History: 1991 a. 39 ss. 1618 to 1621 , 3678 to 3682 ; 1993 a. 172 , 194 , 289 ; 1995 a. 27 ; 1997 a. 283 ; 2015 a. 196 ; 2017 a. 207 s. 5 .
Wis. Stat. § 195.25 — WI Code / Chapter 195 / Section 195.25
Medical supplies on trains.
Status: in_force

(1) No railroad company shall operate any train that is not equipped with at least one medical emergency case with suitable equipment which shall be at all times kept in a definitely fixed, convenient and accessible place on such trains.

(2) Any railroad company violating this section shall forfeit not less than $25 nor more than $100. Any person who shall remove or destroy or cause the removal or destruction of the medical supplies required under sub. (1) after the railroad company has supplied them shall be subject to the same penalty.

History: 1985 a. 187 ; 1997 a. 254 .
Wis. Stat. § 76.31 — WI Code / Chapter 76 / Section 76.31
Determination of ad valorem tax receipts for hub facility exemptions.
Status: in_force

Annually, by July 1, the department shall determine the total amount of the tax imposed under subch. I of ch. 76 that was paid by each air carrier company, as defined in s. 76.02 (1) , whose property is exempt from taxation under s. 76.074 (2) for the most recent taxable year that the air carrier company paid the tax imposed under subch. I of ch. 76 . The total amount determined under this section shall be transferred under s. 20.855 (4) (fm) to the transportation fund.

History: 2001 a. 16 ; 2023 a. 12 .
Wis. Stat. § 218.0151 — WI Code / Chapter 218 / Section 218.0151
Advisory committee.
Status: in_force

The licensor may appoint annually one or more local advisory committees and one general advisory committee, each consisting of not more than 9 members. The committees upon request of the licensor may advise and assist the licensor in the administration of ss. 218.0101 to 218.0163 . The members of the committees shall receive no compensation for their services or expenses.

History: 1999 a. 31 s. 247 .
Wis. Stat. § 29.411 — WI Code / Chapter 29 / Section 29.411
Cooperation during a fish census.
Status: in_force

A person who is fishing shall cooperate with an employee of the department when the employee is involved in taking a fish census. Section 29.971 does not apply to this section.

History: 1997 a. 248 s. 573 .
Wis. Stat. § 806.31 — WI Code / Chapter 806 / Section 806.31
Scope.
Status: in_force

(1) Sections 806.30 to 806.44 apply only to a foreign-money claim in an action or distribution proceeding.

(2) Sections 806.30 to 806.44 apply to foreign-money issues notwithstanding the law applicable under the conflict of laws rules of this state to other issues in the action or distribution proceeding.

History: 1991 a. 236 .
Wis. Stat. § 23.25 — WI Code / Chapter 23 / Section 23.25
Geographic powers and duties.
Status: in_force

(1) The department shall do all of the following:

(a) Determine the correct and most appropriate names of the lakes, streams, places, and other geographic features in the state, and the spelling of those names.

(b) Pass upon and give names to lakes, streams, places, and other geographic features in the state for which no single generally accepted name has been in use.

(c) In cooperation with county boards and with their approval, change the names of lakes, streams, places, and other geographic features in order to eliminate, as far as possible, duplication of names within the state.

(d) Prepare and publish an official state dictionary of geographic names and publish the dictionary, either as a completed whole, or in parts, when ready.

(e) Serve as the state representative of the U.S. geographic board and cooperate with the U.S. geographic board so that there shall be no conflict between the state and federal designations of geographic features in the state.

(2) Except as provided under sub. (2m) , whenever the department has given a name to any lake, stream, place or other geographic feature within the state, or determined the correct spelling of any such name, it shall be used on all maps and in all reports and other publications thereafter issued by the state or any of its political subdivisions, and it shall be the official name of the geographic feature.

(2m) Notwithstanding subs. (1) and (2) , the portion of the Galena River located within the state is renamed the Fever River. That name shall be used on all maps and in all reports and other publications issued by the state or any of its political subdivisions on and after May 14, 1992, and it shall be the official name of this river.

(3) No person shall in any advertisement or publication attempt to modify local usage or name unnamed geographic features without first obtaining the approval of the department. In case of a violation of this subsection, the department may announce its disapproval and thereafter adopt an official name for such feature.

History: 1991 a. 284 ; 2005 a. 149 .
Wis. Stat. § 180.0703 — WI Code / Chapter 180 / Section 180.0703
Court-ordered meeting.
Status: in_force

(1) The circuit court for the county where a corporation’s principal office or, if none in this state, its registered office is located may, after notice to the corporation and an opportunity to be heard, order a meeting to be held on petition of a shareholder of the corporation who satisfies any of the following:

(a) Is entitled to participate in an annual meeting, if an annual meeting was not held within the earlier of 6 months after the end of the corporation’s fiscal year or 15 months after its last annual meeting and the corporation is required to hold an annual meeting under s. 180.0701 (1) .

(b) Signed a demand for a special meeting valid under s. 180.0702 , if the corporation failed to do any of the following:

1. Give notice of the special meeting within 30 days after the date that the demand was delivered to the corporation.

2. Hold the special meeting in accordance with the notice.

(2) The court may fix the time and place of the meeting or determine that the meeting shall be held solely by means of remote communication as authorized under s. 180.0709 and require that the meeting be called and conducted in accordance with the corporation’s articles of incorporation and bylaws in so far as possible, except that the court may do all of the following:

(a) Fix the quorum required for specific matters to be considered at the meeting or direct that the votes represented at the meeting constitute a quorum for action on those matters.

(b) Enter other orders necessary to accomplish the purpose of the meeting.

History: 1989 a. 303 ; 2017 a. 79 .
Wis. Stat. § 95.30 — WI Code / Chapter 95 / Section 95.30
Disposal of animals infected with tuberculosis.
Status: in_force

The owner of cattle or farm-raised deer tested and found to be afflicted with bovine tuberculosis shall ship them under the direction of the department to some place designated by it for immediate slaughter under U.S. government inspection, or under the inspection approved by the department.

History: 1995 a. 79 .
Wis. Stat. § 94.77 — WI Code / Chapter 94 / Section 94.77
Penalties.
Status: in_force

(1) Any person who violates any provision of this chapter for which a specific penalty is not prescribed, or an order issued or rule promulgated under such a provision, may be fined not more than $1,000 for the first offense and may be fined not less than $500 nor more than $5,000 or imprisoned for not more than 6 months or both for each subsequent offense.

(2) In lieu of the criminal penalty under sub. (1) , a person who violates any provision of this chapter for which a specific penalty is not prescribed, or an order issued or rule promulgated under such a provision, may be required to forfeit not less than $200 nor more than $5,000 or, for an offense committed within 5 years of an offense for which a penalty has been assessed under this section, may be required to forfeit not less than $400 nor more than $10,000.

(3) The department may seek an injunction restraining any person from violating this chapter or a rule promulgated under this chapter.

History: 1999 a. 83 ; 2009 a. 42 .
Wis. Stat. § 49.139 — WI Code / Chapter 49 / Section 49.139
Emergency shelter funding.
Status: in_force

From the appropriation account under s. 20.437 (2) (f) , the department shall provide $50,000 annually, beginning on October 1, 2009, to the Emergency Shelter of the Fox Valley to provide services to homeless individuals and families.

History: 2009 a. 28 .
Wis. Stat. § 448.697 — WI Code / Chapter 448 / Section 448.697
Informed consent.
Status: in_force

Any podiatrist who treats a patient shall inform the patient about the availability of reasonable alternate modes of treatment and about the benefits and risks of these treatments. The reasonable podiatrist standard is the standard for informing a patient under this section. The reasonable podiatrist standard requires disclosure only of information that a reasonable podiatrist would know and disclose under the circumstances. The podiatrist’s duty to inform the patient under this section does not require disclosure of any of the following:

(1) Detailed technical information that in all probability a patient would not understand.

(2) Risks apparent or known to the patient.

(3) Extremely remote possibilities that might falsely or detrimentally alarm the patient.

(4) Information in emergencies where failure to provide treatment would be more harmful to the patient than treatment.

(5) Information in cases where the patient is incapable of consenting.

(6) Information about alternate modes of treatment for any condition the podiatrist has not included in his or her diagnosis at the time the podiatrist informs the patient.

History: 2013 a. 345 .
Wis. Stat. § 632.65 — WI Code / Chapter 632 / Section 632.65
Annuities exempt from regulation.
Status: in_force

(1) In this section, “qualified charitable gift annuity” means an annuity that satisfies all of the following:

(a) The annuity is established under a transaction that, for federal income tax purposes, is treated partly as a charitable contribution under section 170 of the Internal Revenue Code and partly as an investment in an annuity contract under section 72 of the Internal Revenue Code.

(b) The annuity meets the requirements of an annuity for which the obligation to pay is excluded from the definition of “acquisition indebtedness” under section 514 (c) (5) of the Internal Revenue Code.

(2)

(a) Notwithstanding any provision of chs. 600 to 646 to the contrary and except as provided in this section, a qualified charitable gift annuity is not subject to regulation under chs. 600 to 646 .

(b) A charitable organization may not issue a qualified charitable gift annuity unless the charitable organization has been in continuous existence for at least 3 years, or is a successor or affiliate of a charitable organization that has been in continuous existence for at least 3 years.

(c) A qualified charitable gift annuity contract must include the following disclosure statement: “A qualified charitable gift annuity is not insurance under the laws of this state and is not subject to regulation by the commissioner of insurance of this state or protected by an insurance guaranty fund or an insurance guaranty association.”

(3) This section applies to qualified charitable gift annuities in existence on or after April 18, 2014. A person that issued before April 18, 2014, a qualified charitable gift annuity that is in existence on April 18, 2014, shall provide notice of the provisions of this section to the policy owner or beneficiary, whichever is appropriate, of the qualified charitable gift annuity.

History: 2013 a. 271 ; 2015 a. 195 s. 82 .
Wis. Stat. § 345.421 — WI Code / Chapter 345 / Section 345.421
Discovery.
Status: in_force

Neither party is entitled to pretrial discovery except that if the defendant moves within 10 days after the alleged violation and shows cause therefor, the court may order that the defendant be allowed to inspect and test under s. 804.09 and under such conditions as the court prescribes, any devices used by the plaintiff to determine whether a violation has been committed, including without limitation, devices used to determine presence of alcohol in breath or body fluid or to measure speed, and may inspect under s. 804.09 the reports of experts relating to those devices.

History: 1971 c. 278 ; Sup. Ct. Order, 67 Wis. 2d 585, 776 (1975); 1975 c. 218 .
Wis. Stat. § 295.40 — WI Code / Chapter 295 / Section 295.40
Legislative findings.
Status: in_force

The legislature finds all of the following:

(1) That attracting and aiding new mining enterprises and expanding the mining industry in Wisconsin is part of Wisconsin public policy.

(2) That mining for nonferrous metallic minerals is different from mining for ferrous minerals because in mining for nonferrous metallic minerals, sulfide minerals react, when exposed to air and water, to form acid drainage.

(3) That if the mineral products and waste materials associated with nonferrous metallic sulfide mining operations are not properly managed and controlled, they can cause significant damage to the environment, affect human health, and degrade the quality of life of the affected community.

(4) That the special concerns surrounding nonferrous metallic mining warrant more stringent regulatory measures than those warranted for ferrous mineral mining operations.

(5) That the provisions in ch. 293 , 2011 stats., are a deterrent to ferrous mineral mining in this state and are not necessary to ensure that ferrous mineral mining will be conducted in an environmentally sound manner.

(6) That simplifying and shortening the permitting process for ferrous mineral mining when compared to nonferrous metallic mineral mining, as Minnesota and Michigan have done, will encourage ferrous mineral mining in Wisconsin and create jobs and generate resources for the state.

(7) That because of the fixed location of ferrous mineral deposits in the state, it is probable that mining those deposits will result in adverse impacts to wetlands and that, therefore, the use of wetlands for bulk sampling and mining activities, including the disposal or storage of mining wastes or materials, or the use of other lands for mining activities that would have a significant adverse impact on wetlands, is presumed to be necessary.

History: 2013 a. 1 .
Wis. Stat. § 165.015 — WI Code / Chapter 165 / Section 165.015
Duties.
Status: in_force

The attorney general shall:

(1) Give opinion to officers. Give his or her opinion in writing, when required, without fee, upon all questions of law submitted to him or her by the legislature, either house thereof or the senate or assembly committee on organization, or by the head of any department of state government.

(2) Protect trust funds. Examine all applications for loans from any of the trust funds, and furnish to the commissioners of public lands his or her opinion in writing as to the regularity of each such application, and also of the validity of any bonds or other securities purchased for the benefit of such funds.

(3) Certify bonds. Examine a certified copy of all proceedings preliminary to any issue of state bonds or notes, and, if found regular and valid, endorse on each bond or note his or her certificate of such examination and validity. The attorney general shall also make similar examinations and certificates respecting municipal bonds in the cases specified in s. 67.025 .

(4) Keep statement of fees. Keep a detailed statement of all fees, including his or her fees as commissioner of public lands, received by him or her during the preceding year, and file such statement with the department of administration on or before June 30 in each year.

(5) Report to legislature. Upon request of the legislature or either house thereof, submit a report upon any matters pertaining to the duties of his or her office to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2) .

(6) Perform other duties. Perform all other duties imposed upon the attorney general by law.

History: 1971 c. 40 s. 93 ; 1971 c. 125 ; 1983 a. 36 s. 96 (2) ; 1987 a. 186 ; 1993 a. 482 .
Wis. Stat. § 346.08 — WI Code / Chapter 346 / Section 346.08
When overtaking and passing on the right permitted.
Status: in_force

The operator of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting the movement in safety and only if the operator can do so while remaining on either the roadway or a paved shoulder, and then only under the following conditions:

(1) When the vehicle overtaken is making or about to make a left turn or U-turn; or

(2) Upon a street or highway with unobstructed pavement of sufficient width to enable 2 or more lines of vehicles lawfully to proceed, at the same time, in the direction in which the passing vehicle is proceeding; or

(3) Upon a one-way street or divided highway with unobstructed pavement of sufficient width to enable 2 or more lines of vehicles lawfully to proceed in the same direction at the same time.

History: 1991 a. 316 ; 2009 a. 97 .