FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 285.81 — WI Code / Chapter 285 / Section 285.81
Hearings on certain air pollution actions.
Status: in_force

(1) Permit holder; permit applicant; order recipient. Any permit, part of a permit, condition or requirement in a permit, order, decision or determination by the department under ss. 285.39 , 285.60 to 285.69 or 285.75 shall become effective unless the permit holder or applicant or the order recipient seeks a hearing challenging the action in the following manner:

(a) Petition. The person seeking a hearing shall file a petition with the department within 30 days after the date of the action sought to be reviewed. The petition shall set forth specifically the issue sought to be reviewed, the interest of the petitioner, the reasons why a hearing is warranted and the relief desired. Upon receipt of the petition, the department shall hold a hearing after at least 10 days’ notice.

(b) Hearing. The hearing shall be a contested case under ch. 227 . At the beginning of the hearing the petitioner shall present evidence in support of the allegations made in the petition. Following the hearing the department’s action may be affirmed, modified or withdrawn.

(1m) Effect of a challenge.

(a) Subject to par. (b) , if a permit holder or applicant seeks a hearing challenging part of a permit or a condition or requirement in a permit under sub. (1) , the remainder of the permit shall become effective and the permit holder or applicant may, at its discretion, begin the activity for which the application was submitted or for which the permit was issued.

(b) An emission limitation contained in a construction permit becomes effective despite a challenge under par. (a) , unless the permit holder or applicant challenging the emission limitation obtains a stay of the emission limitation from the hearing examiner or court considering the challenge.

(2) Other persons. Any person who is not entitled to seek a hearing under sub. (1) (intro.) and who meets the requirements of s. 227.42 (1) or who submitted comments in the public comment process under s. 285.62 (4) or (5) may seek review under sub. (1) of any permit, part of a permit, order, decision or determination by the department under ss. 285.39 , 285.60 to 285.69 or 285.75 .

(3) Mining hearing. Subsections (1) and (2) do not apply if a hearing on the matter is conducted as a part of a hearing under s. 293.43 .

(4) Review of department determinations. An air pollution control permit, part of an air pollution control permit or determination by the department under ss. 285.39 , 285.60 to 285.69 or 285.75 is not subject to review in any civil or criminal enforcement action for a violation of this chapter. This subsection does not restrict the ability of a person to challenge an administrative rule as provided in s. 227.40 (2) .

History: 1979 c. 34 , 221 ; 1985 a. 182 s. 57 ; 1991 a. 302 ; 1995 a. 227 s. 502 ; Stats. 1995 s. 285.81; 2003 a. 118 ; 2005 a. 28 .
Wis. Stat. § 402.107 — WI Code / Chapter 402 / Section 402.107
Goods to be severed from realty: recording.
Status: in_force

(1) A contract for the sale of minerals or the like (including oil and gas) or a structure or its materials to be removed from realty is a contract for the sale of goods within this chapter if they are to be severed by the seller but until severance a purported present sale thereof which is not effective as a transfer of an interest in land is effective only as a contract to sell.

(2) A contract for the sale apart from the land of growing crops or other things attached to realty and capable of severance without material harm thereto but not described in sub. (1) or of timber to be cut is a contract for the sale of goods within this chapter whether the subject matter is to be severed by the buyer or by the seller even though it forms part of the realty at the time of contracting, and the parties can by identification effect a present sale before severance.

(3) The provisions of this section are subject to any 3rd-party rights provided by the law relating to realty records, and the contract for sale may be executed and recorded as a document transferring an interest in land and shall then constitute notice to 3rd parties of the buyer’s rights under the contract for sale.

History: 1973 c. 215 ; 2005 a. 253 .
Wis. Stat. § 179.0606 — WI Code / Chapter 179 / Section 179.0606
Power to bind and liability of person dissociated as general partner.
Status: in_force

(1) After a person is dissociated as a general partner and before the limited partnership is merged out of existence or converted under subch. XI , or dissolved, the partnership is bound by an act of the person with respect to a transaction with another party only if all of the following apply:

(a) The act would have bound the partnership under s. 179.0402 before dissociation.

(b) At the time the other party enters into the transaction, less than 2 years has passed since the dissociation.

(c) At the time the other party enters into the transaction, the other party does not know or have notice of the dissociation and reasonably believes that the person is a general partner.

(2) If a limited partnership is bound under sub. (1) , the person dissociated as a general partner which caused the partnership to be bound is liable to all of the following:

(a) The partnership, for any damage caused to the partnership arising from the obligation incurred under sub. (1) .

(b) If a general partner or another person dissociated as a general partner is liable for the obligation, the general partner or other person, for any damage caused to the general partner or other person arising from the liability.

History: 2021 a. 258 .
Wis. Stat. § 815.54 — WI Code / Chapter 815 / Section 815.54
Execution sale, title when divested, action for injury to premises.
Status: in_force

The right and title of the person against whom the execution was issued, to any real estate which shall be sold thereby, shall not be divested by such sale until the expiration of fifteen months from the time of sale; and if such real estate shall not have been redeemed and a deed shall be executed in pursuance of a sale the grantee shall be vested with the legal estate from the time of the sale for the purpose of an action for an injury to such real estate.

History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.54.
Wis. Stat. § 95.18 — WI Code / Chapter 95 / Section 95.18
Animals in transit.
Status: in_force

Animals in transit in the state are subject to all the provisions of law relating to contagious or infectious diseases of animals, and to the regulations and orders of the department.
Wis. Stat. § 214.325 — WI Code / Chapter 214 / Section 214.325
Record date for voting and other purposes.
Status: in_force

(1) To determine the stockholders or members entitled to notice of or to vote at any meeting or in order to make a determination of members, stockholders, or other persons for any other purpose, the bylaws may provide for a record date, not fewer than 10 days nor more than 60 days before the meeting or other event or transaction with regard to which the determination is to be made. The determination shall be made as of the close of business on the record date.

(2) If the bylaws do not provide for a record date, the board of directors may fix a record date for each determination to be made within the time limits under sub. (1) . If the board of directors fails to fix a record date, the record date for a meeting shall be the date on which the first notice of meeting is given.

(3) Stock sold or deposit accounts withdrawn after the record date may not be voted or counted in determining the number of shares outstanding.

History: 1991 a. 221 .
Wis. Stat. § 50.942 — WI Code / Chapter 50 / Section 50.942
Accompaniment or visitation.
Status: in_force

If a hospice has a policy on who may accompany or visit a patient, the hospice shall extend the same right of accompaniment or visitation to a patient’s domestic partner under ch. 770 as is accorded the spouse of a patient under the policy.

History: 2009 a. 28 .
Wis. Stat. § 632.26 — WI Code / Chapter 632 / Section 632.26
Notice provisions.
Status: in_force

(1) Required provisions. Every liability insurance policy shall provide:

(a) That notice given by or on behalf of the insured to any authorized agent of the insurer within this state, with particulars sufficient to identify the insured, is notice to the insurer.

(b) That failure to give any notice required by the policy within the time specified does not invalidate a claim made by the insured if the insured shows that it was not reasonably possible to give the notice within the prescribed time and that notice was given as soon as reasonably possible.

(2) Effect of failure to give notice. Failure to give notice as required by the policy as modified by sub. (1) (b) does not bar liability under the policy if the insurer was not prejudiced by the failure, but the risk of nonpersuasion is upon the person claiming there was no prejudice.

History: 1979 c. 102 .
Wis. Stat. § 29.972 — WI Code / Chapter 29 / Section 29.972
Revocation; failure to comply.
Status: in_force

(1) The department shall deny an application to issue or renew, or suspend if already issued, all hunting, fishing, or trapping approvals issued to a person under this chapter if the person who violates this chapter does any of the following:

(a) Fails to respond to a summons under s. 23.66 (3) or 23.67 (4) , or a warrant or summons under s. 968.04 .

(b) Fails to appear on the court date set under s. 23.72 or 23.75 unless the person makes a deposit under s. 23.66 or makes a deposit and stipulation under s. 23.67 .

(c) Fails to appear before the court and is subject to a bench warrant under s. 968.09 .

(2)

(a) The requirement to deny or suspend an approval under sub. (1) does not apply if the court revokes any or all of the person’s hunting, fishing, or trapping approvals under s. 23.79 (4) or 23.795 (2) .

(b) The requirement to deny or suspend an approval under sub. (1) remains in effect until either of the following occurs:

1. The person resolves the matter under sub. (1) that resulted in the denial or suspension.

2. The court revokes or suspends any or all of the person’s hunting, fishing, or trapping approvals under s. 29.971 .

(3) The department shall establish procedures for the denial or suspension of approvals under subs. (1) and (2) , including all of the following:

(a) The exchange of information among the department, the district attorneys, and the clerks of court.

(b) Notice to the person who is subject to the denial or suspension.

(c) The opportunity for an administrative appeal to the department which shall be limited to the issue of whether the action listed in sub. (1) (a) to (c) is sufficient to require the department to deny an application to issue or renew, or to suspend the approvals.

History: 2005 a. 282 .
Wis. Stat. § 125.105 — WI Code / Chapter 125 / Section 125.105
Impersonating an officer.
Status: in_force

(1) No person may impersonate an inspector, agent or other employee of the division or of the department of justice.

(2)

(a) Whoever violates sub. (1) with the intent to mislead another may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

(b) Whoever violates sub. (1) to commit, or abet the commission of, a crime is guilty of a Class H felony.

History: 1989 a. 253 ; 1997 a. 283 ; 2001 a. 109 ; 2023 a. 73 .
Wis. Stat. § 179.0903 — WI Code / Chapter 179 / Section 179.0903
Proper plaintiff.
Status: in_force

A derivative action to enforce a right of a limited partnership may be maintained only by a person that is a partner at the time the action is commenced and to which any of the following applies:

(1) The person was a partner when the conduct giving rise to the action occurred.

(2) The person’s status as a partner devolved on the person by operation of law or pursuant to the terms of the partnership agreement from a person that was a partner at the time of the conduct.

History: 2021 a. 258 .
Wis. Stat. § 64.29 — WI Code / Chapter 64 / Section 64.29
Council; powers; duties; president; quorum; vote.
Status: in_force

(1) If any city shall adopt the provisions of ss. 64.25 to 64.40 , all duties, liabilities, authority, powers and privileges theretofore imposed or conferred by general law or special charter upon the mayor and council of such city shall be deemed to be conferred and imposed upon the mayor and the council members provided for by ss. 64.25 to 64.40 , and all laws relating or referring to such mayor and council members in force at the time of the adoption of the provisions of ss. 64.25 to 64.40 shall apply to and be deemed to relate and refer to the mayor and council.

(2) The mayor shall be president of the council, and have a vote therein, but shall have no power of veto. On the first Tuesday in May following the reorganization of any city under ss. 64.25 to 64.40 , and biennially thereafter, or whenever there shall be a vacancy in the office, the council shall elect one of its members vice mayor, who in the absence or disability of the mayor for any cause, shall perform all the duties thereof.

(3) A majority of the members of the council shall constitute a quorum, and a majority vote of the members of the council shall be necessary, and no more than a majority shall be required, to adopt any ordinance, resolution or motion, including all ordinances, resolutions and motions which under the aldermanic or any other system of city government requires a three-fourths vote for the adoption thereof.

(4) The ayes and nays shall be called and recorded upon every vote, and no vote shall be taken except upon a motion, a resolution or ordinance reduced to writing.

(5) All boards and commissions created and existing under laws heretofore in force in any such city shall continue to exist, and all powers, authority, jurisdiction and duties conferred and imposed upon such boards and commissions shall remain unaffected by ss. 64.25 to 64.40 , except that the mayor may not be a member of any such board or commission because of holding office as mayor.

(6) On the first Tuesday in May following the reorganization of any city as provided under this subchapter, and annually thereafter, the council shall select from among its members a person to act as a member of each of the city’s boards and commissions. Each member selected shall have all the power and authority vested by law in any other member of the board or commission, and shall serve as a member thereof so long as he or she remains in office or until the council selects a successor.

History: 1979 c. 110 ; 1985 a. 135 s. 83 (2) ; 1985 a. 225 .
Wis. Stat. § 895.049 — WI Code / Chapter 895 / Section 895.049
Recovery by a person who fails to use protective headgear while operating certain motor vehicles.
Status: in_force

Notwithstanding s. 895.045 , failure by a person who operates or is a passenger on a utility terrain vehicle, as defined in s. 23.33 (1) (ng) , a motorcycle, as defined in s. 340.01 (32) , an all-terrain vehicle, as defined in s. 340.01 (2g) , or a snowmobile, as defined in s. 340.01 (58a) , on or off a highway, to use protective headgear shall not reduce recovery for injuries or damages by the person or the person’s legal representative in any civil action. This section does not apply to any person required to wear protective headgear under s. 23.33 (3g) , 23.335 (8) (a) or (b) , or 347.485 (1) .

History: 2003 a. 148 ; 2011 a. 208 ; 2015 a. 170 .
Wis. Stat. § 893.37 — WI Code / Chapter 893 / Section 893.37
Survey.
Status: in_force

No action may be brought against an engineer or any professional land surveyor, as defined in s. 443.01 (7m) , to recover damages for negligence, errors, or omission in the making of any survey nor for contribution or indemnity related to such negligence, errors, or omissions more than 6 years after the completion of a survey.

History: 1979 c. 323 s. 3 ; Stats. 1979 s. 893.36; 1979 c. 355 s. 228 ; Stats. 1979 s. 893.37; 2013 a. 358 .
Wis. Stat. § 196.32 — WI Code / Chapter 196 / Section 196.32
Witness fees and mileage.
Status: in_force

(1) Any witness who appears before the commission or its agent, by order, shall receive for the applicable attendance the fees provided for witnesses in civil cases in courts of record, which shall be audited and paid by the state in the same manner as other expenses are audited and paid under s. 885.07 , upon the presentation of proper vouchers sworn to by such witnesses and approved by the chairperson of the commission. Fees paid under this section shall be charged to the appropriation for the commission under s. 20.155 (1) (g) .

(2) No witness subpoenaed at the instance of parties other than the commission may be compensated under this section unless the commission certifies that the testimony of the witness was material to the matter investigated.

History: 1983 a. 53 .
Wis. Stat. § 23.0953 — WI Code / Chapter 23 / Section 23.0953
Grants to counties for land acquisition.
Status: in_force

(1) In this section, “nature-based outdoor recreation” has the meaning given by the department by rule under s. 23.0917 (4) (f) .

(2)

(a) Beginning with fiscal year 2010-11 and ending with fiscal year 2025-26, the department shall establish a grant program under which the department may award a grant to a county for any of the following:

1. Acquisition of land for a county forest under s. 28.11 .

2. Acquisition of land for a project that promotes nature-based outdoor recreation or conservation and for which the department is requesting the county’s assistance.

(b) Grants under this section shall be awarded from the appropriation under s. 20.866 (2) (ta) , and, for purposes of s. 23.0917 , shall be treated as moneys obligated from the subprogram under s. 23.0917 (3) .

(3) Each county receiving a grant under this section shall provide matching funds that equal at least 50 percent of the acquisition costs.

(4) A county may not convert the land, or any rights in the land, acquired with grant moneys awarded under sub. (2) (a) 2. to a use that is inconsistent with the type of nature-based outdoor recreation or conservation activity for which the grant was awarded unless the natural resources board approves the conversion.

History: 2007 a. 20 ; 2019 a. 9 ; 2021 a. 58 .
Wis. Stat. § 150.39 — WI Code / Chapter 150 / Section 150.39
Review criteria and standards.
Status: in_force

The department shall use the following criteria in reviewing each application under this subchapter, plus any additional criteria it develops by rule. The department shall consider cost containment as its first priority in applying these criteria, and shall consider the comments of affected parties. The department may not approve any project under this subchapter unless the applicant demonstrates:

(1) The medical assistance funds appropriated are sufficient to reimburse the applicant for providing the nursing home care.

(2) The cost of providing an equal number of nursing home beds or of an equal expansion would be consistent with the cost at similar nursing homes, and the applicant’s per diem rates would be consistent with those of similar nursing homes.

(3) The project does not conflict with the statewide bed limit under s. 150.31 .

(4) A need for additional beds in the health planning area where the project would be located.

(5) The project is consistent with local plans for developing community-based services to provide long-term care.

(6) Health care personnel, capital and operating funds and other resources needed to provide the proposed services are available.

(7) The project can be undertaken within the period of validity of the approval and completed within a reasonable period thereafter.

(8) Appropriate methods alternative to providing nursing home care in the health planning area are unavailable.

(10) The quality of care to be provided is satisfactory, as determined by:

(a) The department’s investigations.

(b) Materials submitted by the applicant, including independent evaluations of performance in nursing homes owned or operated by the applicant and patient satisfaction surveys.

(c) Recommendations from affected parties concerning the quality of care provided in nursing homes owned or operated by the applicant.

(11) For a project that would result in the relocation of nursing home beds, there are other adequate and appropriate resources available in the counties served by the nursing home to serve the nursing home residents who would be displaced by the relocation.

History: 1983 a. 27 ; 1987 a. 399 ; 1993 a. 27 , 290 ; 1997 a. 27 .
Wis. Stat. § 303.215 — WI Code / Chapter 303 / Section 303.215
Compensation to prisoners or residents injured in prison industries employment.
Status: in_force

In accordance with s. 102.03 (2) , for an inmate of a state institution or a resident subject to s. 303.01 (1) (b) employed under s. 303.06 (2) , compensation under ch. 102 on being released from the applicable institution, on parole, on extended supervision, on final discharge or in accordance with ch. 938 , whichever is applicable, is the exclusive remedy against the department and any employee of the department for any injury sustained by the inmate or resident while performing service growing out of and incidental to that employment. The department shall make any payments required under this section from the revolving appropriation for the operation of prison industries or, if there is no revolving appropriation for the operation of prison industries, from the general fund.

History: 1993 a. 81 ; 1995 a. 27 , 77 ; 1997 a. 283 .
Wis. Stat. § 303.03 — WI Code / Chapter 303 / Section 303.03
Prison labor on farms and buildings.
Status: in_force

The wardens and the superintendents of the state prisons may employ inmates outside the institution’s yard in cultivating the farms or in doing any necessary work in the prosecution of the regular business of the institution or of other state institutions or of any other activity of the state or of any political subdivision thereof or in the construction of buildings by the state; and any such inmate who escapes shall be deemed as having escaped from the institution proper.

History: 1989 a. 31 s. 1682 ; Stats. 1989 s. 303.03.
Wis. Stat. § 779.11 — WI Code / Chapter 779 / Section 779.11
Distribution of proceeds of sale.
Status: in_force

The several claimants whose liens were established in the action shall be paid without priority among themselves. If the sum realized at the sale under s. 779.10 is insufficient after paying the costs of the action and the costs of making the sale to pay the liens in full they shall be paid proportionally.

History: 1979 c. 32 ss. 57 , 92 (9) ; 1979 c. 110 s. 60 (12) ; Stats. 1979 s. 779.11.
Wis. Stat. § 29.985 — WI Code / Chapter 29 / Section 29.985
Fishing shelter removal surcharge.
Status: in_force

(1) Levy of fishing shelter removal surcharge.

(a) If a court imposes a forfeiture under s. 29.404 (3) , the court shall impose a fishing shelter removal surcharge under ch. 814 equal to the costs that should have been reimbursed under s. 29.404 (2) .

(b) If a forfeiture is suspended in whole or in part, the fishing shelter removal surcharge shall be reduced in proportion to the suspension unless the court directs otherwise.

(c) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the fishing shelter removal surcharge under this section. If the deposit is forfeited, the amount of the fishing shelter removal surcharge shall be transmitted to the secretary of administration under par. (d) . If the deposit is returned, the fishing shelter removal surcharge shall also be returned.

(d) The clerk of the court shall collect and transmit to the county treasurer the fishing shelter removal surcharge and other amounts required under s. 59.40 (2) (m) . The county treasurer shall then make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2.

(2) Use of fishing shelter removal surcharges funds. All moneys collected from fishing shelter removal surcharges shall be deposited in the conservation fund.

History: 1991 a. 39 ; 1995 a. 201 ; 1997 a. 248 s. 726 ; Stats. 1997 s. 29.985; 2003 a. 33 , 139 , 326 .