FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 893.96 — WI Code / Chapter 893 / Section 893.96
Family leave and medical leave; civil remedies.
Status: in_force

Any civil action arising under s. 103.10 (13) (a) is subject to the limitations of s. 103.10 (13) (b) .

History: 1987 a. 287 .
Wis. Stat. § 411.109 — WI Code / Chapter 411 / Section 411.109
Option to accelerate at will.
Status: in_force

(1) A term providing that one party or his or her successor in interest may accelerate payment or performance or require collateral or additional collateral “at will” or “when he or she considers himself or herself insecure” or in words of similar import means that he or she has power to do so only if he or she in good faith believes that the prospect of payment or performance is impaired.

(2) With respect to a consumer lease, the burden of establishing good faith under sub. (1) is on the party who exercised the power. With respect to a lease other than a consumer lease, the burden of establishing lack of good faith under sub. (1) is on the party against whom the power has been exercised.

History: 1991 a. 148 .
Wis. Stat. § 105.03 — WI Code / Chapter 105 / Section 105.03
Inquiry into truth of statements.
Status: in_force

Every employment agent shall assure himself or herself that any representations whatsoever, whether spoken, written or advertised in printed form, which the employment agent makes with regard to any employment, work or situation, and which leads or may lead persons to seek such employment, work or situation, are true to the best of the employment agent’s knowledge and cover all the material facts affecting the employment in question.

History: 1973 c. 226 ; 1993 a. 492 .
Wis. Stat. § 283.17 — WI Code / Chapter 283 / Section 283.17
Thermal effluent limitations.
Status: in_force

(1) Any thermal effluent limitation proposed by the department may be modified by it in accordance with s. 283.63 , if the owner or operator of the point source which is the subject of the proposed limitation demonstrates to the satisfaction of the department that the proposed limitation is more stringent than necessary to assure the protection and propagation of a balanced indigenous population of shellfish, fish and wildlife in and on the body of water into which the discharge is made.

(2) If a point source with a discharge having a thermal component is modified, the point source shall not be subject to any more stringent effluent limitation with respect to the thermal component of its discharge during either the 10-year period beginning on the date of completion of the modification or the period of depreciation or amortization of the facility for the purpose of section 167 or 169 of the internal revenue code, whichever ends first, if all of the following apply:

(a) The modification of the point source commenced after October 18, 1972.

(b) The point source, as modified, meets the most stringent effluent limitation established under s. 283.13 .

(c) The limitation under par. (b) assures protection and propagation of a balanced indigenous population of shellfish, fish, and wildlife in and on the water into which the discharge is made.

History: 1987 a. 27 ss. 1846mg , 1846ms ; Stats. 1987 s. 147.055; 1991 a. 39 ; 1995 a. 227 s. 862 ; Stats. 1995 s. 283.17; 2015 a. 307 .
Wis. Stat. § 59.51 — WI Code / Chapter 59 / Section 59.51
Board powers.
Status: in_force

(1) Organizational or administrative powers. The board of each county shall have the authority to exercise any organizational or administrative power, subject only to the constitution and any enactment of the legislature which grants the organizational or administrative power to a county executive or county administrator or to a person supervised by a county executive or county administrator or any enactment which is of statewide concern and which uniformly affects every county. Any organizational or administrative power conferred under this subchapter shall be in addition to all other grants. A county board may exercise any organizational or administrative power under this subchapter without limitation because of enumeration, and these powers shall be broadly and liberally construed and limited only by express language.

(2) General authority. The board may represent the county, have the management of the business and concerns of the county in all cases where no other provision is made, apportion and levy taxes and appropriate money to carry into effect any of the board’s powers and duties.

History: 1995 a. 201 ss. 110 , 116 , 337 .
Wis. Stat. § 187.31 — WI Code / Chapter 187 / Section 187.31
Reliance by directors or officers.
Status: in_force

Unless the director or officer knew or should have known that reliance was unwarranted, a director or officer, in discharging his or her duties to the incorporated Roman Catholic church, may rely on information, opinions, reports or statements, any of which may be written or oral, formal or informal, including financial statements and other financial data, if prepared or presented by any of the following:

(1) An officer or employee of the incorporated Roman Catholic church whom the director or officer believes in good faith to be reliable and competent in the matters presented.

(2) Legal counsel, certified public accountants licensed or certified under ch. 442 , or other professional persons or experts employed by the incorporated Roman Catholic church, as to matters the director or officer believes in good faith are within the person’s professional or expert competence.

(3) In the case of reliance by a director, a committee of the board of directors of which the director is not a member if the director believes in good faith that the committee merits confidence.

History: 1989 a. 306 ; 2001 a. 16 .
Wis. Stat. § 444.02 — WI Code / Chapter 444 / Section 444.02
Licenses and permits.
Status: in_force

(1) The department shall have the sole direction, management, and control of, and jurisdiction over, all professional contests and all amateur unarmed combat sports contests conducted within the state by any promoter or club. No club or promoter may conduct professional contests or amateur unarmed combat sports contests within the state except under authority granted by the department and in accordance with this chapter and the rules of the department.

(2) The department may issue, and for cause limit, suspend, or revoke, a license to conduct professional contests or amateur unarmed combat sports contests to any promoter or incorporated club formed as provided in this chapter. Every license shall be subject to the department’s rules and regulations. The department may limit the number of professional contests and amateur unarmed combat sports contests given by any promoter or club in any city, village, or town and may reprimand a promoter or club for violating this chapter or any rule of the department.

(3) No professional contest or amateur unarmed combat sports contest may be conducted by any licensed club without a permit from the department. An application for a permit shall be accompanied by a nonrefundable $300 processing fee. Every permit shall be conditioned on payment by the promoter or club to the department, within 2 business days after the event for which the permit was issued, of the following fees:

(a) If the number of tickets sold for the event is less than 2,000, an event fee of $450.

(b) If the number of tickets sold for the event is less than 5,000 but more than 1,999, an event fee of $2,200 plus a gate fee equal to the lesser of 5 percent of the total amount collected by the club or promoter in gross ticket sales or $4,000.

(c) If the number of tickets sold for the event is 5,000 or more, an event fee of $4,700 plus a gate fee equal to the lesser of 5 percent of the total amount collected by the club or promoter in gross ticket sales or $12,500.

History: 1977 c. 418 , 447 ; 1979 c. 221 s. 2200 (45) ; 1979 c. 355 ; 1993 a. 246 ; 2003 a. 285 ; 2009 a. 111 ; 2015 a. 277 .
Wis. Stat. § 16.842 — WI Code / Chapter 16 / Section 16.842
State capitol view preservation.
Status: in_force

(1) Except as authorized under this section, no portion of any building or structure located within one mile of the center of the state capitol building may exceed the elevation of 1,032.8 feet above sea level as established by the U.S. coast and geodetic survey.

(2) This section does not apply to any building or structure erected prior to April 28, 1990.

(3) The city of Madison may grant exceptions to the application of sub. (1) for flagpoles, communications towers, church spires, elevator penthouses, screened air conditioning equipment or chimneys, subject to approval of any plan commission created under s. 62.23 (1) .

History: 1989 a. 222 .
Wis. Stat. § 289.92 — WI Code / Chapter 289 / Section 289.92
Review of alleged violations.
Status: in_force

Any 6 or more citizens or any municipality may petition for a review of an alleged violation of this chapter or any rule promulgated or special order, plan approval, license or any term or condition of a license issued under this chapter in the following manner:

(1) They shall submit to the department a petition identifying the alleged violator and setting forth in detail the reasons for believing a violation occurred. The petition shall state the name and address of a person within the state authorized to receive service of answer and other papers in behalf of the petitioners and the name and address of a person authorized to appear at a hearing in behalf of the petitioners.

(2) Upon receipt of a petition under this section, the department may:

(a) Conduct a hearing in the matter within 60 days of receipt of the petition. A hearing under this paragraph shall be a contested case under ch. 227 . Within 60 days after the close of the hearing, the department shall either:

1. Serve written notice specifying the law or rule alleged to be violated, containing findings of fact, conclusions of law and an order, which shall be subject to review under ch. 227 ; or

2. Dismiss the petition.

(b) Initiate action under s. 289.97 .

(3) If the department determines that a petition was filed maliciously or in bad faith, it shall issue a finding to that effect, and the person complained against is entitled to recover expenses on the hearing in a civil action.

History: 1981 c. 374 ; 1995 a. 227 s. 640 ; Stats. 1995 s. 289.92.
Wis. Stat. § 856.09 — WI Code / Chapter 856 / Section 856.09
Petition for administration, contents.
Status: in_force

The petition for administration shall comply with s. 879.01 and in addition shall state:

(1) The name, age, domicile, post-office address and date of death of the decedent;

(2) That the decedent left property requiring administration;

(3) Whether the decedent left a will and the date of execution of the will;

(4) The name and post-office address of the person named in the will to act as personal representative;

(5) The name and post-office address of the person named as testamentary trustee in the will;

(6) The name and post-office address of the person for whom letters are asked and the facts which show the person’s eligibility for appointment as personal representative.

History: 1993 a. 486 ; 2001 a. 102 .
Wis. Stat. § 77.255 — WI Code / Chapter 77 / Section 77.255
Exemptions from return.
Status: in_force

No return is required with respect to a conveyance exempt under s. 77.25 (1) or (10m) .

History: 1983 a. 27 ; 1987 a. 27 ; 1991 a. 39 ; 2015 a. 145 , 216 ; 2017 a. 365 .
Wis. Stat. § 799.21 — WI Code / Chapter 799 / Section 799.21
Trial.
Status: in_force

(1) Determination of method of trial. In the absence of a jury demand, trial shall be to the court.

(2) Trial by court. If trial is to the court, the case may, with the consent of all the parties, be tried on the return day.

(3) Trial by jury.

(a) Any party may, upon payment of the fees prescribed in ss. 814.61 (4) and 814.62 (3) (e) , file a written demand for trial by jury. If no party demands a trial by jury, the right to trial by jury is waived forever. In eviction actions, the demand shall be filed at or before the time of joinder of issue; in all other actions within 20 days thereafter.

(b) In counties in which a circuit court commissioner is assigned to assist in small claims matters, except in eviction actions which shall be governed by par. (a) , demand for trial by jury shall be made at the time a demand for trial is filed. If the party requesting a trial does not request a jury trial, any other party may request a jury trial by filing the request with the court and mailing copies to all other parties within 15 days from the date of mailing of the demand for trial or the date on which personal notice of demand is given, whichever is applicable. If no party demands a trial by jury, the right to trial by jury is waived forever. The fees prescribed in ss. 814.61 (4) and 814.62 (3) (e) shall be paid when the demand for a trial by jury is filed.

(4) Jury procedure. If there is a demand for a trial by jury, the judge or circuit court commissioner shall place the case on the trial calendar and a jury of 6 persons shall be chosen as provided in s. 345.43 (3) (b) . The parties shall proceed as if the action had originally been begun as a proceeding under chs. 801 to 807 , except that the court is not required to provide the jury with one complete set of written instructions under s. 805.13 (4) and the requirements for appearance by the parties shall be governed by s. 799.06 (2) .

History: Sup. Ct. Order, 67 Wis. 2d 585, 776 (1975); 1977 c. 345 , 449 ; 1979 c. 32 s. 66 ; 1979 c. 128 ; Stats. 1979 s. 799.21; 1981 c. 317 ; 1987 a. 208 ; 2001 a. 61 .
Wis. Stat. § 293.66 — WI Code / Chapter 293 / Section 293.66
Groundwater quality.
Status: in_force

(1) For the site of any activity that will take place under a mining or prospecting permit or under another approval related to a mining or prospecting operation, the department shall determine the depth in the Precambrian bedrock below which the groundwater is not reasonably capable of being used or made suitable for human consumption and is not hydrologically connected to other sources of groundwater that are suitable for human consumption. The department shall notify the applicant of its determination before the department issues a draft environmental impact statement.

(2) For an activity regulated under a mining or prospecting permit or another approval related to the mining or prospecting operation, the department may not apply a groundwater enforcement standard at any point that is deeper than the depth identified under sub. (1) .

History: 2017 a. 134 .
Wis. Stat. § 403.418 — WI Code / Chapter 403 / Section 403.418
Payment or acceptance by mistake.
Status: in_force

(1) Except as provided in sub. (3) , if the drawee of a draft pays or accepts the draft and the drawee acted on the mistaken belief that payment of the draft had not been stopped pursuant to s. 404.403 or that the signature of the drawer of the draft was authorized, the drawee may recover the amount of the draft from the person to whom or for whose benefit payment was made or, in the case of acceptance, may revoke the acceptance. Rights of the drawee under this subsection are not affected by failure of the drawee to exercise ordinary care in paying or accepting the draft.

(2) Except as provided in sub. (3) , if an instrument has been paid or accepted by mistake and the case is not covered by sub. (1) , the person paying or accepting may, to the extent permitted by the law governing mistake and restitution, recover the payment from the person to whom or for whose benefit payment was made or, in the case of acceptance, may revoke the acceptance.

(3) The remedies provided by sub. (1) or (2) may not be asserted against a person who took the instrument in good faith and for value or who in good faith changed position in reliance on the payment or acceptance. This subsection does not limit remedies provided by s. 403.417 or 404.407 .

(4) Notwithstanding s. 404.215 , if an instrument is paid or accepted by mistake and the payer or acceptor recovers payment or revokes acceptance under sub. (1) or (2) , the instrument is considered not to have been paid or accepted and is treated as dishonored, and the person from whom payment is recovered has rights as a person entitled to enforce the dishonored instrument.

History: 1995 a. 449 .
Wis. Stat. § 230.339 — WI Code / Chapter 230 / Section 230.339
Rights of certain employees of the department of safety and professional services.
Status: in_force

(1) If any of the following employees who hold the position of bureau director in the classified service at the department of commerce on the day before July 1, 2011, and who have achieved permanent status in class on or before that date are transferred to the position of bureau director in the unclassified service at the department of safety and professional services, that transferred employee shall retain those protections afforded employees in the classified service under ss. 230.34 (1) (a) and 230.44 (1) (c) relating to demotion, suspension, discharge, layoff, or reduction in base pay:

(b) Director of the bureau of petroleum environmental cleanup fund administration in the division of environmental and regulatory services.

(c) Director of the bureau of petroleum products and tanks in the division of environmental and regulatory services.

(d) Director of the bureau of integrated services in the division of safety and buildings.

(e) Director of the bureau of program development in the division of safety and buildings.

(2) Each employee specified under sub. (1) shall also have reinstatement privileges to the classified service as provided under s. 230.33 (1) .

History: 2011 a. 32 .
Wis. Stat. § 401.306 — WI Code / Chapter 401 / Section 401.306
Waiver or renunciation of claim or right after breach.
Status: in_force

A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in an authenticated record.

History: 2009 a. 320 .
Wis. Stat. § 148.17 — WI Code / Chapter 148 / Section 148.17
Insurance.
Status: in_force

A medical society may purchase and maintain insurance on behalf of an individual who is an employee, agent, director or officer of the medical society against liability asserted against and incurred by the individual in his or her capacity as an employee, agent, director or officer, or arising from his or her status as an employee, agent, director or officer, regardless of whether the medical society is required or authorized to indemnify or allow expenses to the individual against the same liability under ss. 148.05 , 148.07 , 148.11 and 148.15 .

History: 1987 a. 13 .
Wis. Stat. § 701.0817 — WI Code / Chapter 701 / Section 701.0817
Distribution upon termination.
Status: in_force

(1) Upon termination or partial termination of a trust, the trustee may send a proposal for distribution to the beneficiaries of the trust. The right of any beneficiary to whom the proposal is sent to object to the proposed distribution terminates if the beneficiary does not notify the trustee of an objection within 30 days after the proposal was sent but only if the proposal informed the beneficiary of the right to object and of the time allowed for objection.

(2) Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed within a reasonable time to distribute the trust property to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes.

(3) A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent any of the following applies:

(a) The release was induced by improper conduct of the trustee.

(b) The beneficiary, at the time of the release, did not know of the beneficiary’s rights or have a reasonable opportunity to know of the material facts relating to the breach.

History: 2013 a. 92 ; 2023 a. 127 .
Wis. Stat. § 29.987 — WI Code / Chapter 29 / Section 29.987
Natural resources surcharge.
Status: in_force

(1) Levy of natural resources surcharge.

(a) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or an order issued under this chapter, other than for a violation specified under s. 29.9905 (1) (a) , the court shall impose a natural resources surcharge under ch. 814 equal to 75 percent of the amount of the fine or forfeiture.

(b) If a fine or forfeiture is suspended in whole or in part, the natural resources surcharge shall be reduced in proportion to the suspension.

(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 natural resources surcharge under this section. If the deposit is forfeited, the amount of the natural resources surcharge shall be transmitted to the secretary of administration under par. (d) . If the deposit is returned, the natural resources surcharge shall also be returned.

(d) The clerk of the court shall collect and transmit to the county treasurer the natural resources 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. The secretary of administration shall deposit the amount of the natural resources surcharge in the conservation fund.

(2) Use of natural resources surcharge funds. All moneys collected from natural resources surcharges shall be credited to the appropriation under s. 20.370 (3) (mu) .

History: 1979 c. 34 ; 1981 c. 20 ; 1995 a. 201 ; 1997 a. 248 s. 727 ; Stats. 1997 s. 29.987; 2003 a. 33 , 139 , 326 ; 2005 a. 288 ; 2007 a. 97 .
Wis. Stat. § 214.18 — WI Code / Chapter 214 / Section 214.18
Standards for disapproval.
Status: in_force

The division may disapprove any action under s. 214.165 if the division finds any of the following:

(1) Considering the financial and managerial resources and future prospects of the applicant and of the in-state savings bank or in-state savings bank holding company concerned, the action would be contrary to the best interests of the stockholders or customers of the in-state savings bank or in-state savings bank holding company.

(2) The action would be detrimental to the safety and soundness of the applicant or of the in-state savings bank or in-state savings bank holding company concerned, or to a subsidiary or affiliate of the applicant or of the in-state savings bank or in-state savings bank holding company.

(3) Because the applicant, its executive officers, directors or principal stockholders have not established a record of sound performance, efficient management, financial responsibility and integrity, the action would be contrary to the best interest of the depositors, customers, creditors or stockholders of the applicant or of the in-state savings bank or in-state savings bank holding company or contrary to the best interests of the public.

(4) The applicant has failed to provide adequate and appropriate services required by the community reinvestment act of 1977, 12 USC 2901 to 2906 , to the communities in which the applicant is located.

(5) The applicant has failed to propose to provide adequate and appropriate services required by the community reinvestment act of 1977, 12 USC 2901 to 2906 , in the community in which the in-state savings bank which the applicant proposes to acquire or in-state savings bank holding company which the applicant proposes to acquire or merge with is located.

(6) The applicant has failed to enter into an agreement prepared by the division to comply with laws and rules of this state regulating consumer credit finance charges and of the charges and related disclosure requirements, except to the extent preempted by federal law or regulation.

(7) Any condition under s. 214.17 (1) , (3) , (4) , (5) or (6) has not been met.

(8) The applicant fails to meet any other standard established by rule of the division.

History: 1991 a. 221 ; 1995 a. 27 .