FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 168.21 — WI Code / Chapter 168 / Section 168.21
Definitions.
Status: in_force

In this subchapter:

(1) “Combustible liquid” means a liquid having a flash point at or above 100 degrees fahrenheit and below 200 degrees fahrenheit.

(2) “Department” means the department of agriculture, trade and consumer protection.

(3) “Federally regulated hazardous substance” means a hazardous substance, as defined in 42 USC 9601 (14).

(4) “Flammable liquid” means a liquid having a flash point below 100 degrees fahrenheit.

(5) “Flash point” means the minimum temperature at which a flammable or combustible liquid will give off sufficient flammable vapors to form an ignitable mixture with air near the surface of the liquid or within the vessel which contains the liquid.

(6) “Secondary containment” means a barrier, approved by the department, that is installed around a storage tank system and that is designed to prevent a leak from a primary tank or piping from contacting the surrounding earth or waters of the state.

(7) “Waters of the state” has the meaning specified under s. 281.01 (18) .

History: 2013 a. 20 ss. 1601 to 1607 , 1970 ; Stats. 2013 s. 168.21.
Wis. Stat. § 49.029 — WI Code / Chapter 49 / Section 49.029
Block grants to tribal governing bodies; medical relief.
Status: in_force

(1) Applicability. This section applies only to tribal governing bodies.

(2) Amount and distribution of relief block grant. From the appropriation under s. 20.435 (4) (kb) , the department shall distribute a relief block grant to each eligible tribal governing body in an amount and in a manner determined in accordance with rules promulgated by the department. The department shall promulgate the rules after consulting with all tribal governing bodies eligible for a relief block grant. In promulgating rules under this section, the department shall consider each tribe’s economic circumstances and need for health care services.

(3) Use of relief block grant funds. A tribal governing body may use moneys received as a relief block grant only for the purpose of providing health care services to dependent persons. Notwithstanding s. 49.01 (2g) , health care services may include treatment services for alcohol and other drug abuse and mental health services.

History: 1995 a. 27 , 216 ; 1997 a. 27 ; 1999 a. 9 , 185 ; 2007 a. 20 .
Wis. Stat. § 289.22 — WI Code / Chapter 289 / Section 289.22
Local approval.
Status: in_force

(1) Definition. In this section, “local approval” has the meaning specified under s. 289.33 (3) (d) .

(1m) Application for local approvals required. Prior to constructing a solid waste disposal facility or hazardous waste facility, the applicant shall submit a written request for the specification of all applicable local approvals to each affected municipality. Within 15 days after the receipt of a written request from the applicant, a municipality shall specify all local approvals for which applications are required or issue a statement that there are no applicable local approvals. Prior to constructing a solid waste disposal facility or a hazardous waste facility, the applicant shall apply for each local approval required to construct the waste handling portion of the facility.

(2) Standard notice. The waste facility siting board shall develop and print a standard notice designed to inform an affected municipality of the time limits and requirements for participation in the negotiation and arbitration process under s. 289.33 . An applicant shall submit a copy of this standard notice, if it has been printed, with any written request submitted under sub. (1m) .

(3) Attempts to obtain local approvals required. Following applications for local approvals under sub. (1m) and prior to submitting a feasibility report, any applicant subject to s. 289.33 shall undertake all reasonable procedural steps necessary to obtain each local approval required to construct the waste handling portion of the facility except that the applicant is not required to seek judicial review of decisions of the local unit of government.

(4) Waiver of local approvals. If a local approval precludes or inhibits the ability of the applicant to obtain data required to be submitted under s. 289.21 (1) or in a feasibility report or environmental impact report, the applicant may petition the department to waive the applicability of the local approval to the applicant. If a petition is received, the department shall promptly schedule a hearing on the matter and notify the local government of the hearing. If the department determines at the hearing that the local approval is unreasonable, the department shall waive the applicability of the local approval to the applicant.

(5) Compliance required. Except as provided under sub. (4) , no person may construct a solid waste disposal facility or a hazardous waste facility unless the person complies with the requirements of subs. (1m) and (3) .

History: 1995 a. 227 s. 545 ; 2015 a. 197 s. 51 .
Wis. Stat. § 103.968 — WI Code / Chapter 103 / Section 103.968
Council review of rules.
Status: in_force

The department shall submit every rule which it proposes to promulgate under ss. 103.90 to 103.97 to the council on migrant labor at the same time that the department files notice of its intent to promulgate the rule with the presiding officer of each house of the legislature under s. 227.19 (2) . If the council disapproves the rule within 45 days after the rule is submitted, the department may not promulgate the rule, and, if promulgated, the rule is void.

History: 1977 c. 17 ; 1979 c. 34 , 154 ; 1985 a. 182 .
Wis. Stat. § 52.16 — WI Code / Chapter 52 / Section 52.16
Access to personal information.
Status: in_force

(1) A supporter is only authorized to assist the adult with a functional impairment in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision-making agreement.

(2) A supporter may assist with accessing or obtaining any information that will help the adult with a functional impairment make health care decisions, including medical, psychological, financial, education, or treatment records or research under ss. 51.30 and 146.83 and the federal Health Insurance Portability and Accountability Act of 1996, 45 CFR 164.502 . A supporter may only access or obtain patient health care records, as defined under s. 146.81 (4) , if the adult with a functional impairment has signed a release allowing the supporter to see protected health information, as defined under s. 146.816 (1) (f) .

(3) A supporter may assist with accessing or obtaining any information on education records under the federal Family Educational Rights and Privacy Act of 1974, 20 USC 1232g , if the adult with a functional impairment has signed a release allowing the supporter to access information under this subsection.

(4) The supporter shall ensure the information under this section is kept privileged and confidential, as applicable, and is not subject to unauthorized access, use, or disclosure.

(5) Notwithstanding the existence of a supported decision-making agreement, an adult with a functional impairment continues to have unrestricted access to personal information without the assistance of a supporter.

(6) Notwithstanding the existence of a supported decision-making agreement, an adult with a functional impairment is able to request and receive assistance on any decision that is not covered under the supported decision-making agreement at any time.

History: 2017 a. 345 ; 2021 a. 238 s. 44 .
Wis. Stat. § 66.1323 — WI Code / Chapter 66 / Section 66.1323
Urban redevelopment; aids and appropriations.
Status: in_force

(1) A local governing body may appropriate moneys for the purpose of, and may borrow or accept grants from the federal or state governments or any of their agencies, for the acquisition of lands required to carry out the plan or the purposes mentioned in s. 66.1325 . The local governing body may enter into contracts, mortgages, trust indentures or other agreements as the federal government requires.

(2) A city may appropriate moneys for the purpose of making plans and surveys to carry out redevelopment and for any purpose required to carry out the intention of ss. 66.1301 to 66.1329 .

History: 1999 a. 150 ss. 423 , 424 , 427 .
Wis. Stat. § 975.09 — WI Code / Chapter 975 / Section 975.09
Periodic examination.
Status: in_force

(1) The department shall make periodic examinations of all persons within its control under s. 975.06 for the purpose of determining whether existing orders and dispositions in individual cases should be modified or continued in force. These examinations may be made as frequently as the department considers desirable and shall be made with respect to every person at intervals not exceeding one year. The department shall keep written records of all examinations and of conclusions predicated thereon, and of all orders concerning the disposition or treatment of every person under its control. Failure of the department to examine a person committed to it or to make periodic examination does not entitle the person to a discharge from the control of the department, but does entitle the person to petition the committing court for an order of discharge, and the court shall discharge the person unless it appears in accordance with sub. (3) that there is necessity for further control.

(2) If the person petitions the court for discharge under sub. (1) , the person may appear in court with counsel and compel the attendance of witnesses and the production of evidence. The person may have a physician or clinical psychologist of the person’s choosing examine the person and the medical records in the institution to which confined or at some suitable place designated by the department. If unable to provide counsel, the court shall appoint counsel to represent the person. Section 975.06 (1) governs the procedure of the hearing.

(3) If, after a hearing, it is found that discharge from the control of the department of the person to whom the order applies would be dangerous to the public because of the person’s mental or physical deficiency, disorder or abnormality, the court shall dismiss the petition. If it is found that discharge from the control of the department would not be dangerous to the public for the causes stated, the court shall order that the person be discharged from the control of the department.

History: 1979 c. 117 .
Wis. Stat. § 865.20 — WI Code / Chapter 865 / Section 865.20
Termination of joint tenancy or life estate.
Status: in_force

(1) As an alternative to ss. 867.04 and 867.045 , the personal representative may file with the probate registrar a verified statement describing property in which the decedent had an interest as joint tenant or life tenant, including the recording data, if any, of the document creating the joint tenancy or life estate. Valuations need not be set forth in the statement.

(2) Upon being filed with the probate registrar, the statement shall be presumed to be evidence of the facts recited and of the termination of the decedent’s interest in the property listed on it as if a certificate terminating joint tenancy or life estate had been issued by the court under s. 867.04 . If the statement describes an interest in real property or a debt which is secured by an interest in real property a certified copy or duplicate original of the statement may be recorded in the office of the register of deeds in each county in this state in which real property is located. This statement does not release any death tax lien.

History: 1975 c. 331 ; 1981 c. 376 ; 1987 a. 27 .
Wis. Stat. § 25.65 — WI Code / Chapter 25 / Section 25.65
County mining investment fund.
Status: in_force

(1) Definitions. In this section:

(b) “County funds” mean payments received by counties under s. 70.395 (2) (d) 1.

(c) “County government” means any county in this state.

(d) “County official” means each officer or employee of a county government who by law or vote of the governing body of the county government is made custodian of county funds.

(e) “Fund” means the county mining investment fund.

(2) Creation. There is established under the control of the board a county mining investment fund with a separate and identifiable account within the fund for each county government.

(3) County governments authorized to place county funds in fund. With the consent of the county board a county official may transfer county funds received under s. 70.395 (2) (d) 1. to the state treasurer for deposit in the fund. A county official may authorize the investment and local impact fund board to transfer the county funds to the state treasurer for the county.

(4) Period of investments; withdrawal of funds. Subject to the restrictions in this subsection the state treasurer shall prescribe the mechanisms and procedures for deposits and withdrawals. The mechanisms and procedures shall include a requirement for review and approval by the investment and local impact fund board of all withdrawals made within 10 years of deposit. The state treasurer shall notify the investment and local impact fund board of all withdrawals made 10 years or more after deposit. Withdrawals shall be made only to cover the costs of alleviating impacts due to the closing of a metalliferous mine in the county or the curtailment of metalliferous mining activity in the county.

(5) Investment policies. The board shall formulate policies for the investment and reinvestment of moneys in the fund and the acquisition, retention, management and disposition of the investments.

(6) Reimbursement of expenses. The state treasurer shall deduct quarterly a maximum of 0.25 percent of the amount of income received from the earnings of the fund during the preceding calendar quarter for all actual and necessary expenses incurred by the state in administering the fund.

(7) Separate accounts.

(a) The department of administration shall keep a separate account for each county government and shall record the individual amounts and the totals of all investments of each county government’s moneys in the fund.

(b) The state treasurer shall report quarterly to each county official the deposits and withdrawals of the preceding quarter and any other activity within the account.

History: 1977 c. 423 ; 1991 a. 259 ; 1999 a. 83 .
Wis. Stat. § 782.33 — WI Code / Chapter 782 / Section 782.33
Warrant in lieu of writ.
Status: in_force

Whenever it shall appear by satisfactory proof that any person is held in illegal imprisonment and that there is good reason to believe that the person will be carried out of the state or suffer some irreparable injury before the person can be relieved by habeas corpus, the judge may issue a warrant, reciting the facts and directed to any sheriff, constable or other person, commanding him or her to take such prisoner and forthwith to bring the prisoner before the judge, to be dealt with according to law.

History: 1979 c. 32 s. 59 ; 1979 c. 176 ; Stats. 1979 s. 782.33.
Wis. Stat. § 701.0419 — WI Code / Chapter 701 / Section 701.0419
Transfers to trusts.
Status: in_force

(1) Validity and effect. The order of execution of a trust instrument and a will or other instrument purporting to transfer or appoint property to the trust evidenced by the trust instrument shall be disregarded in determining the validity of the transfer or appointment. No reference in any will to a trust shall cause assets in such trust to be included in property administered as part of the testator’s estate.

(2) Governing terms. Property transferred or appointed by a will or by a beneficiary designation under an employee benefit plan, life insurance policy, or online tool, as defined in s. 711.03 (18) , or other instrument permitting designation of a beneficiary to a trust, shall be administered in accordance with the terms of the trust as the terms of the trust may have been modified prior to the testator’s or designator’s death, even though the will, beneficiary designation, online tool, or other instrument was not reexecuted or republished after exercise of the power to modify, unless the will, beneficiary designation, online tool, or other instrument expressly provides otherwise.

(3) Disposition when no existing trust. If at the death of a testator a trust has been completely revoked, or otherwise terminated, a provision in the testator’s will purporting to transfer or appoint property to the trust shall have the following effect, unless the will provides otherwise:

(a) If the testator was a necessary party to the revocation or other termination of the trust, the provision in the testator’s will shall be invalid.

(b) If the testator was not a necessary party to the revocation or other termination of such trust, the provision in the testator’s will shall be deemed to create a trust upon the terms of the trust instrument at the time the will was executed or as otherwise provided where sub. (2) is applicable.

History: 1971 c. 66 ; 1991 a. 316 ; 2013 a. 92 s. 132 ; Stats. 2013 s. 701.0419; 2015 a. 300 .
Wis. Stat. § 893.72 — WI Code / Chapter 893 / Section 893.72
Actions contesting special assessment.
Status: in_force

An action to avoid any special assessment, or taxes levied pursuant to the special assessment, or to restrain the levy of the taxes or the sale of lands for the nonpayment of the taxes, shall be brought within one year from the notice thereof, and not thereafter. This limitation shall cure all defects in the proceedings, and defects of power on the part of the officers making the assessment, except in cases where the lands are not liable to the assessment, or the city, village or town has no power to make any such assessment, or the amount of the assessment has been paid or a redemption made.

History: 1979 c. 323 ; 1993 a. 246 .
Wis. Stat. § 293.11 — WI Code / Chapter 293 / Section 293.11
Mine effect responsibility.
Status: in_force

The department shall serve as the central unit of state government to ensure that the air, lands, waters, plants, fish and wildlife affected by prospecting or mining in this state will receive the greatest practicable degree of protection and reclamation. The administration of occupational health and safety laws and rules that apply to mining shall remain exclusively the responsibility of the department of safety and professional services. The powers and duties of the geological and natural history survey under s. 36.25 (6) shall remain exclusively the responsibility of the geological and natural history survey. Nothing in this section prevents the department of safety and professional services and the geological and natural history survey from cooperating with the department in the exercise of their respective powers and duties.

History: 1973 c. 318 ; 1975 c. 41 s. 52 ; 1995 a. 27 , ss. 4332 and 9116 (5) ; 1995 a. 227 s. 744 ; Stats. 1995 s. 293.11; 2011 a. 32 .
Wis. Stat. § 24.38 — WI Code / Chapter 24 / Section 24.38
Boundaries.
Status: in_force

The lines, boundaries, and descriptions of the swamp lands as exhibited by the plats and field notes of the United States survey are adopted and deemed conclusively to be the true lines, boundaries, and descriptions of those swamp lands.

History: 2005 a. 149 .
Wis. Stat. § 788.03 — WI Code / Chapter 788 / Section 788.03
Court order to arbitrate; procedure.
Status: in_force

The party aggrieved by the alleged failure, neglect or refusal of another to perform under a written agreement for arbitration may petition any court of record having jurisdiction of the parties or of the property for an order directing that such arbitration proceed as provided for in such agreement. Five days’ notice in writing of such application shall be served upon the party in default. Service thereof shall be made as provided by law for the service of a summons. The court shall hear the parties, and upon being satisfied that the making of the agreement for arbitration or the failure to comply therewith is not in issue, the court shall make an order directing the parties to proceed to arbitration in accordance with the terms of the agreement. If the making of the arbitration agreement or the failure, neglect or refusal to perform the same is in issue, the court shall proceed summarily to the trial thereof. If no jury trial is demanded, the court shall hear and determine such issue. Where such an issue is raised, either party may, on or before the return day of the notice of application, demand a jury trial of such issue, and upon such demand the court shall make an order referring the issue to a jury summoned and selected under s. 756.06 . If the jury finds that no agreement in writing for arbitration was made or that there is no default in proceeding thereunder, the proceeding shall be dismissed. If the jury finds that an agreement for arbitration was made in writing and that there is a default in proceeding thereunder, the court shall make an order summarily directing the parties to proceed with the arbitration in accordance with the terms thereof.

History: Sup. Ct. Order, 67 Wis. 2d 585, 775 (1975); 1977 c. 187 s. 135 ; 1979 c. 32 s. 64 ; Stats. 1979 s. 788.03; Sup. Ct. Order No. 96-08 , 207 Wis. 2d xv (1997).
Wis. Stat. § 35.78 — WI Code / Chapter 35 / Section 35.78
Distribution and sales costs and charges.
Status: in_force

(1) Unless otherwise provided, the department shall charge the cost of distribution and sale of all publications authorized or directed by law to be published to the state agencies responsible for submitting the publications.

(2) The department may contract with state agencies for the distribution and sale of agency publications, for which publication is not required by law, on the basis of the cost of such operations. All such contracts shall authorize the department to sell publications on behalf of state agencies at the price fixed by law, or if no price is fixed, at a price determined by publishing agencies not to exceed cost. The department shall return unsold publications to state agencies if desired by the agencies.

(3) The department shall receive full payment for the cost of sale and distribution of all publications of state agencies from the appropriate agencies. The department shall deposit all revenues derived from the sale and distribution of publications into:

(a) The general fund if financed from general purpose revenues;

(b) The appropriate segregated fund if financed from corresponding segregated fund revenues; or

(c) The appropriate program revenue or segregated revenue appropriation if financed from program revenue or corresponding segregated revenue derived from program receipts.

(4) In this section, cost shall be calculated as provided in s. 35.80 .

(5) In this section, “state agencies” includes all departments as defined in s. 16.002 (2) , the legislature, the courts, and the legislative service and judicial branch agencies. In this section, “state agencies” does not include the Board of Regents of the University of Wisconsin System.

History: 1979 c. 34 ; 1983 a. 189 s. 329 (27) ; 2015 a. 55 .