FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 702.402 — WI Code / Chapter 702 / Section 702.402
Authority to release.
Status: in_force

A powerholder may release a power of appointment, in whole or in part, except to the extent the terms of the instrument creating the power prevent the release.

History: 2023 a. 127 .
Wis. Stat. § 402.612 — WI Code / Chapter 402 / Section 402.612
“Installment contract”; breach.
Status: in_force

(1) An “installment contract” is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains a clause “each delivery is a separate contract” or its equivalent.

(2) The buyer may reject any installment which is nonconforming if the nonconformity substantially impairs the value of that installment and cannot be cured or if the nonconformity is a defect in the required documents; but if the nonconformity does not fall within sub. (3) and the seller gives adequate assurance of its cure the buyer must accept that installment.

(3) Whenever nonconformity or default with respect to one or more installments substantially impairs the value of the whole contract there is a breach of the whole; but the aggrieved party reinstates the contract if the aggrieved party accepts a nonconforming installment without seasonably notifying of cancellation or if the aggrieved party brings an action with respect only to past installments or demands performance as to future installments.

History: 1991 a. 316 .
Wis. Stat. § 78.47 — WI Code / Chapter 78 / Section 78.47
Alternate fuels license.
Status: in_force

No person may act as an alternate fuels dealer in this state unless the person holds a valid alternate fuels license issued by the department and a valid certificate under s. 73.03 (50) . Except for alternate fuel which is delivered by an alternate fuels dealer into a fuel supply tank of any motor vehicle in this state, no person may use an alternate fuel in this state unless the person holds a valid alternate fuel license issued by the department or unless the alternate fuel has been delivered by a supplier who is authorized under s. 78.40 (1) to report and pay the tax on behalf of the user or retailer.

History: 1979 c. 11 ; 1985 a. 302 ; 1993 a. 16 ; 1997 a. 27 .
Wis. Stat. § 33.35 — WI Code / Chapter 33 / Section 33.35
Dissolution of districts.
Status: in_force

A petition to dissolve an existing district created under this chapter may not be considered at an annual meeting of the district unless an elector within the district or a property owner within the district notifies the district board of commissioners in writing at least 90 days before the annual meeting that the elector or property owner intends to petition for dissolution at that annual meeting. The notice of the annual meeting must include a statement that a petition to dissolve the district will be considered. The district may be dissolved upon a two-thirds vote of the electors and property owners present at the annual meeting. The county board shall by order dissolve the district following receipt of the petition if the county board finds that one or more of the standards for the creation of a district under s. 33.26 (3) are not met. The order for dissolution shall be conditioned upon proper petition to the circuit court and appointment of a receiver to administer the winding up of the district under the supervision of the court and a final order of the court. The attorney general shall represent the state and shall be a party to every dissolution proceeding where state money is involved.

History: 1973 c. 301 ; 1989 a. 159 .
Wis. Stat. § 35.83 — WI Code / Chapter 35 / Section 35.83
State document distribution.
Status: in_force

(1) Each state agency head shall designate one or more individuals to be responsible for all document distribution requirements provided under this section and shall submit the name of any designated individual to the division.

(2) The division shall coordinate all state document distribution requirements specified under this section.

(3) Except as provided in sub. (4m) and s. 35.835 (1) and (3) , each state agency shall deliver, at the expense of the state agency, sufficient copies of each state document published by the state agency to the division for distribution to the following places in the quantities indicated:

(a) The state historical society, 2 copies.

(b) The legislative reference bureau, 2 copies.

(c) The resources for libraries and lifelong learning service of the department of public instruction, one copy.

(d) The regional state document depository libraries, one copy for each library.

(e) The selective state document depository libraries, one copy for each library.

(f) The library of congress, one copy.

(g) The Council of State Governments, Lexington, Kentucky, one copy.

(4) The division shall deliver state documents received under sub. (3) to each of the state document depository libraries.

(4m) In lieu of the distribution under sub. (3) (b) , each legislative service agency shall deliver, at the expense of the agency, 2 copies of each state document published by the agency to the legislative reference bureau.

(5) This section does not apply to state documents distributed under s. 35.84 .

History: 1991 a. 285 ; 1995 a. 27 s. 9145 (1) ; 1997 a. 27 ; 1999 a. 19 ; 2011 a. 158 .
Wis. Stat. § 810.11 — WI Code / Chapter 810 / Section 810.11
Claims of 3rd parties; indemnity to officer.
Status: in_force

If the property taken is claimed by a 3rd person, the 3rd person may make application to the judge or judicial officer under ss. 810.02 and 810.03 for an order directing that the 3rd person be given delivery of the property so claimed. Any person having possession of the property may move the court to vacate or modify the order directing delivery to the 3rd-party claimant, or post bond in the same manner provided for the defendant.

History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 810.11; 1977 c. 308 ; 2005 a. 253 .
Wis. Stat. § 108.066 — WI Code / Chapter 108 / Section 108.066
Section 108.066
Status: in_force

(1) Any employer may apply to the department between January 1 and May 31 of any year to be designated a seasonal employer. If mailed, an application shall be postmarked no later than May 31 or received by the department no later than June 3. If June 3 falls on a Saturday, Sunday or legal holiday under state or federal law, a mailed application shall be received by the department no later than the next following day which is not a Saturday, Sunday or legal holiday under state or federal law.

(2) By June 30 of each year the department shall examine each application timely submitted under sub. (1) and issue a determination as to whether the employer is a seasonal employer. If the department designates an employer as a seasonal employer, the department shall determine the applicable season of the employer under sub. (4) .

(3) The department shall designate an employer a seasonal employer if:

(a) The employer:

1. Is in a tourism, recreational, or tourist service industry, including operation of a hotel, inn, camp, tourism attraction, restaurant, ice cream or soft drink stand, drive-in theater, racetrack, park, carnival, country club, golf course, swimming pool, chair lift or ski resort; or

2. Has been classified by the department as primarily engaged in agricultural production, agricultural services, forestry or commercial fishing, hunting or trapping;

(b) The employer customarily operates primarily during 2 calendar quarters within a year;

(c) At least 75 percent of the wages paid by the employer during the year immediately preceding the date of the proposed designation were paid for work performed during the 2 calendar quarters under par. (b) ; and

(d) The employer is not delinquent, at the time of designation, in making any contribution report or payment required under this chapter.

(4) A seasonal employer’s season, for purposes of this section, is the 2 calendar quarters under sub. (3) (b) which include 75 percent or more of the employer’s payroll for the year preceding the date of the proposed designation.

(5) The department shall, by June 30 of each year, examine and redetermine whether any employer which it has designated a seasonal employer continues to qualify for designation as a seasonal employer under sub. (3) .

(6) Any determination or redetermination made under this section is effective on January 1 of the succeeding year.

History: 1991 a. 89 ; 1993 a. 373 .
Wis. Stat. § 192.36 — WI Code / Chapter 192 / Section 192.36
Fences, occupant of land may build or repair.
Status: in_force

(1) Whenever a railroad corporation fails to build or repair any fence, which the law requires it to erect, the owner or occupant of the land adjoining may, between April 1 and October 1, give notice in writing to the railroad corporation to build the fence within 60 days, or repair the fence within 30 days, after service of the notice.

(2) The notice under sub. (1) shall describe the land on which the fence is required to be built or repaired. Service of the notice may be made by delivering the notice to any station agent of the railroad corporation.

(3) In case the railroad corporation fails to build or repair the fence within the required time, the owner or occupant of the adjoining land may build or repair the fence and recover from the railroad corporation the cost of building or repairing with interest at the rate of 1 percent per month from the time that the fence shall have been built or repaired.

History: 1997 a. 254 ; 2009 a. 177 .
Wis. Stat. § 240.05 — WI Code / Chapter 240 / Section 240.05
Same subject.
Status: in_force

If a conveyance to a purchaser, under either s. 240.03 or 240.04 , shall be made before the person making the same shall be entitled to execute a power of revocation it shall nevertheless be valid from the time the power of revocation shall actually vest in such person in the same manner and to the same extent as if then made.

History: 1991 a. 316 .
Wis. Stat. § 120.43 — WI Code / Chapter 120 / Section 120.43
School board meetings.
Status: in_force

(1) Annually, on or within 30 days after the 4th Monday in April, the school board shall elect a school district president, vice president, clerk and treasurer from among its members and a school board secretary who need not be a member of the school board.

(2) The school board shall meet at least once each month and at other times upon the call of the school district president or upon the filing of a request with the school district clerk signed by a majority of the school board members.

(3) Each school board member may be paid an annual salary or an amount fixed by the school board for each school board meeting the member actually attends.

(4) Proceedings of the school board shall be published in accordance with s. 120.11 (4) .

History: 1977 c. 418 ; 1979 c. 301 ; 1983 a. 27 s. 2202 (42) ; 1985 a. 225 ss. 89 to 91 ; Stats. 1985 s. 120.43.
Wis. Stat. § 192.321 — WI Code / Chapter 192 / Section 192.321
Getting on and off cars.
Status: in_force

Any person who shall get upon, attempt to get upon, cling to, jump or step from any railroad car or train while the same is in motion shall forfeit not less than $100 nor more than $200, provided that this section shall not apply to the employees of any railroad company.

History: 2005 a. 179 .
Wis. Stat. § 701.0307 — WI Code / Chapter 701 / Section 701.0307
Role of a representative or guardian ad litem.
Status: in_force

(1) A representative or guardian ad litem may act on behalf of the individual represented with respect to any matter arising under this chapter, whether or not a judicial proceeding concerning the trust is pending.

(2) In making decisions, a representative or guardian ad litem may consider any general benefit accruing to the living members of the individual’s family.

History: 2023 a. 127 ss. 62 , 63 , 65 .
Wis. Stat. § 165.78 — WI Code / Chapter 165 / Section 165.78
Information center; training activities.
Status: in_force

(1) The department shall act as a center for the clearance of information between law enforcement officers. In furtherance of this purpose it shall issue bulletins by mail or its telecommunication system. The department shall at all times collaborate and cooperate fully with the F.B.I. in exchange of information.

(2) The department shall cooperate and exchange information with other similar organizations in other states.

(3) The department may prepare and conduct informational and training activities for the benefit of law enforcement officers and professional groups.

History: 1977 c. 260 ; 1985 a. 29 .
Wis. Stat. § 940.05 — WI Code / Chapter 940 / Section 940.05
Second-degree intentional homicide.
Status: in_force

(1) Whoever causes the death of another human being with intent to kill that person or another is guilty of a Class B felony if:

(a) In prosecutions under s. 940.01 , the state fails to prove beyond a reasonable doubt that the mitigating circumstances specified in s. 940.01 (2) did not exist as required by s. 940.01 (3) ; or

(b) The state concedes that it is unable to prove beyond a reasonable doubt that the mitigating circumstances specified in s. 940.01 (2) did not exist. By charging under this section, the state so concedes.

(2) In prosecutions under sub. (1) , it is sufficient to allege and prove that the defendant caused the death of another human being with intent to kill that person or another.

(2g) 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 B felony if:

(a) In prosecutions under s. 940.01 , the state fails to prove beyond a reasonable doubt that the mitigating circumstances specified in s. 940.01 (2) did not exist as required by s. 940.01 (3) ; or

(b) The state concedes that it is unable to prove beyond a reasonable doubt that the mitigating circumstances specified in s. 940.01 (2) did not exist. By charging under this section, the state so concedes.

(2h) In prosecutions under sub. (2g) , it is sufficient to allege and prove that the defendant caused 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.

(3) The mitigating circumstances specified in s. 940.01 (2) are not defenses to prosecution for this offense.

History: 1987 a. 399 ; 1997 a. 295 .
Wis. Stat. § 553.25 — WI Code / Chapter 553 / Section 553.25
Exemption by division.
Status: in_force

The division may by rule or order exempt from registration under s. 553.21 any franchise if registration is not necessary or appropriate in the public interest or for the protection of investors.

History: 1971 c. 241 ; 1981 c. 54 ; 1995 a. 27 , 364 .
Wis. Stat. § 751.02 — WI Code / Chapter 751 / Section 751.02
Employees.
Status: in_force

The supreme court may authorize the employees it considers necessary for the execution of the functions of the supreme court and the court of appeals and the court reporting functions of the circuit courts and may designate titles, prescribe duties and fix compensation. Compensation and benefits of employees should be consistent with that paid to state employees in the classified service for services involving similar work and responsibility. Each justice and court of appeals judge may appoint and prescribe the duties of a judicial assistant and a law clerk to assist the justice or judge in the performance of his or her duties. Each circuit judge may appoint a court reporter to serve primarily in the court or branch of court to which he or she was elected or appointed if the court reporter is certified as qualified by the director of state courts. The chief judge or district court administrator may assign that court reporter to other courts to assure adequate coverage of all reported proceedings. A person appointed by the supreme court or a justice or court of appeals judge or a circuit judge serves at the pleasure of the court or the justice or judge.

History: 1977 c. 187 ; 1981 c. 353 ; Sup. Ct. Order No. 19-01 , 2019 WI 44, 386 Wis. 2d xvii.
Wis. Stat. § 214.835 — WI Code / Chapter 214 / Section 214.835
Custody of savings banks.
Status: in_force

If the division takes custody of a savings bank, in addition to powers conferred under ss. 214.825 and 214.83 , the division may do any of the following:

(1) Notify the deposit insurance corporation of the custody and the reasons for that action, including a copy of the division’s report of examination and condition of the savings bank, and to appoint the deposit insurance corporation or its designee as receiver or conservator for the savings bank.

(2) Permit the deposit insurance corporation to submit any plan or proposal for the reorganization, merger or liquidation of the savings bank that it considers to be feasible.

(3) Determine and declare the savings bank to be in default, find from the division’s examination and from reports of the savings bank the amount of insured deposits and make any necessary orders that may be required for the purpose of making deposit insurance available to depositors.

History: 1991 a. 221 ; 1995 a. 27 .
Wis. Stat. § 91.34 — WI Code / Chapter 91 / Section 91.34
Expiration of zoning certification.
Status: in_force

(1) Except as provided under sub. (4) , the certification of a farmland preservation zoning ordinance that was certified under s. 91.06 , 2007 stats., expires on the date provided in the certification or, if the certification does not provide an expiration date, on the following date:

(a) December 31, 2012, for a county with an increase in population density of more than 9 persons per square mile or a city, village, or town in such a county.

(b) December 31, 2013, for a county with an increase in population density of more than 3.75 but not more than 9 persons per square mile or a city, village, or town in such a county.

(c) December 31, 2014, for a county with an increase in population density of more than 1.75 but not more than 3.75 persons per square mile or a city, village, or town in such a county.

(d) December 31, 2015, for a county with an increase in population density of more than 0.8 but not more than 1.75 persons per square mile or a city, village, or town in such a county.

(e) December 31, 2016, for a county with an increase in population density of not more than 0.8 person per square mile or a city, village, or town in such a county.

(2) The certification of a farmland preservation zoning ordinance that the department certifies under s. 91.36 expires on the date specified under s. 91.36 (2) .

(3) For the purposes of sub. (1) , a county’s increase in population density is the number by which the county’s population per square mile based on the department of administration’s 2007 population estimate under s. 16.96 exceeds the county’s population per square mile based on the 2000 federal census.

(4) The secretary of agriculture, trade and consumer protection may delay the date for the expiration of a political subdivision’s farmland preservation zoning ordinance for up to 2 years beyond the date under sub. (1) upon a written request from the political subdivision demonstrating to the secretary’s satisfaction that a delay would allow the political subdivision to concurrently develop a farmland preservation zoning ordinance and a comprehensive plan or an update to a comprehensive plan.

History: 2009 a. 28 .
Wis. Stat. § 214.24 — WI Code / Chapter 214 / Section 214.24
Application for permission to organize.
Status: in_force

(1) An adult resident of this state may, with the approval of the division, organize a savings bank.

(2) For stock savings banks, the division shall determine the minimum required capital which shall be at least the minimum required to obtain insurance of accounts from a deposit insurance corporation and may include additional amounts as the division may require, based on rules promulgated by the division.

(3) For mutual savings banks, the division shall determine the aggregate minimum amount of funds to be paid into the savings bank’s deposit accounts by persons subscribing for deposit accounts and the length of time for which the incorporators shall guarantee payment of savings bank operating expenses. The minimum amount of capital required shall be at least the minimum required to obtain insurance of the accounts from a deposit insurance corporation and may include additional amounts as the division may require, based on rules promulgated by the division.

(4) An incorporator shall submit a nonrefundable $1,000 application fee with an application.

History: 1991 a. 221 ; 1995 a. 27 .
Wis. Stat. § 938.09 — WI Code / Chapter 938 / Section 938.09
Representation of the interests of the public.
Status: in_force

The interests of the public shall be represented in proceedings under this chapter as follows:

(1) Delinquency. By the district attorney, in any matter under s. 938.12 .

(2) Civil law violation. By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter concerning a civil law violation under s. 938.125 . If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration of that change by January 1 of that year.

(3) Municipal ordinance violation. By the city, village, or town attorney, in any matter concerning a city, village, or town ordinance violation, respectively, under s. 938.125 .

(4) County ordinance violation. By an appropriate person designated by the county board of supervisors in any matter concerning a county ordinance violation under s. 938.125 .

(5) Juvenile in need of protection or services. By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter under s. 938.13 . If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration of that change by January 1 of that year.

(6) Interstate compact. By an appropriate person designated by the county board of supervisors in any matter arising under s. 938.14 .

History: 1995 a. 77 ; 2005 a. 344 ; 2015 a. 197 s. 51 .
Wis. Stat. § 701.1011 — WI Code / Chapter 701 / Section 701.1011
Interest as general partner.
Status: in_force

(1) Unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust’s acquisition of the interest if the fiduciary capacity was disclosed in the contract.

(2) A trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault.

(3) If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership as if the settlor were a general partner.

History: 2013 a. 92 .