FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 295.79 — WI Code / Chapter 295 / Section 295.79
Enforcement; penalties.
Status: in_force

(1) The department of justice shall enforce this subchapter and any order issued under this subchapter. The circuit court of the county where the violation occurred has jurisdiction to enforce this subchapter or any orders issued under this subchapter, by injunction or other appropriate relief.

(2)

(a) Any person who authorizes or engages in mining without a mining permit and written authorization to mine under s. 295.59 (3) shall forfeit all profits obtained from those illegal activities and not more than $5,000 for each day during which the mine was in operation.

(b) A person to whom par. (a) applies is also liable to the department for the full cost of reclaiming the affected area of land and any damages caused by the mining.

(c) If the violator of par. (a) is a corporation, limited liability company, partnership, or association, any officer, director, member, manager, or partner who knowingly authorizes, supervises, or contracts for mining is also subject to the penalties in this subsection.

(3) Any person who makes or causes to be made in an application or report required by this subchapter a statement known to the person to be false or misleading in any material respect or who refuses to submit information required by a mining permit or by this subchapter may be fined not less than $1,000 nor more than $5,000. If the false or misleading statement is material to the issuance of the mining permit and the mining permit would not have been issued had the false or misleading statement not been made, the court may revoke the mining permit. If any violation under this subsection is repeated the court may revoke the mining permit.

(4)

(a) Any person who commits a violation of this subchapter or any permit or order issued under this subchapter, except for the violations enumerated in subs. (2) and (3) , shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense, except that no forfeiture may be imposed during the time that continued mining is authorized under s. 295.63 (3) . While an order is suspended, stayed, or enjoined, this penalty does not accrue.

(b) In addition to the penalties provided under par. (a) , the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this paragraph. These moneys shall be credited to the appropriation account under s. 20.455 (1) (gh) .

(5) Any person having an interest that is or may be adversely affected may intervene as a matter of right, in any enforcement action brought under this section.

History: 2013 a. 1 .
Wis. Stat. § 442.07 — WI Code / Chapter 442 / Section 442.07
Requirements for practice as certified public accountant.
Status: in_force

(1) Any person who has been issued a certificate of the person’s qualifications to practice as a certified public accountant, shall be styled and known as a “certified public accountant” and no other person shall assume to use such title or the abbreviation “C.P.A.” or any other word, words, letters, or figures to indicate that the person using the same is a certified public accountant. The terms “chartered accountant” and “certified accountant” and the abbreviation “C.A.” are specifically prohibited to such other persons as being prima facie misleading to the public.

(3) Any firm that is entitled to practice as certified public accountants in this state or any other state and every resident member of the firm who is a certified public accountant of this state, after registering the firm name with the examining board, may use the designation “certified public accountants” in connection with the firm name.

History: 1977 c. 29 ; 1981 c. 356 ; 1991 a. 316 ; 2001 a. 16 .
Wis. Stat. § 851.40 — WI Code / Chapter 851 / Section 851.40
Basis for attorney fees.
Status: in_force

(1) Any attorney performing services for the estate of a deceased person in any proceeding under chs. 851 to 879 , including a proceeding for informal administration under ch. 865 , shall be entitled to just and reasonable compensation for such services.

(2) Any personal representative, heir, beneficiary under a will or other interested party may petition the court to review any attorney’s fee which is subject to sub. (1) . If the decedent died intestate or the testator’s will contains no provision concerning attorney fees, the court shall consider the following factors in determining what is a just and reasonable attorney’s fee:

(a) The time and labor required.

(b) The experience and knowledge of the attorney.

(c) The complexity and novelty of the problems involved.

(d) The extent of the responsibilities assumed and the results obtained.

(e) The sufficiency of assets properly available to pay for the services, except that the value of the estate may not be the controlling factor.

History: 1975 c. 329 ; 1993 a. 490 .
Wis. Stat. § 705.03 — WI Code / Chapter 705 / Section 705.03
Ownership during lifetime.
Status: in_force

Unless there is clear and convincing evidence of a different intent:

(1) A joint account belongs, during the lifetime of all parties, to the parties without regard to the proportion of their respective contributions to the sums on deposit and without regard to the number of signatures required for payment. The application of any sum withdrawn from a joint account by a party thereto shall not be subject to inquiry by any person, including any other party to the account and notwithstanding such other party’s minority or other disability, except that the spouse of one of the parties may recover under s. 766.70 . No financial institution is liable to the spouse of a married person who is a party to a joint account for any sum withdrawn by any party to the account unless the financial institution violates a court order.

(2) A P.O.D. account belongs to the original payee during the original payee’s lifetime and not to the P.O.D. beneficiary or beneficiaries. If 2 or more parties are named as original payees, during their lifetimes rights as between them are governed by sub. (1) ; and a surviving original payee may revoke or amend the P.O.D. beneficiary designation at will.

(3) A marital account belongs, during the lifetime of both parties, to the parties without regard to the proportion of their respective contributions to the sums on deposit or to the number of signatures required for payment. A party to a marital account may name one or more P.O.D. beneficiaries for that party’s interest. No person may inquire about the application of any sums withdrawn from a marital account by a party to the account, except that if the parties are married to one another the other party to the account may recover under s. 766.70 .

History: 1973 c. 291 ; 1983 a. 186 ; 1993 a. 486 .
Wis. Stat. § 345.34 — WI Code / Chapter 345 / Section 345.34
Arraignment; pleas.
Status: in_force

(1) If the defendant appears in response to a citation, or is arrested and brought before a court with jurisdiction to try the case, the defendant shall be informed that he or she is entitled to a jury trial. The defendant may plead guilty, not guilty, or no contest. If the defendant requests a continuance at the initial appearance, the court shall adjourn the arraignment without entering any plea.

(2) If the defendant pleads guilty or no contest, the court shall accept the plea, find the defendant guilty and proceed under s. 345.47 .

(3) If a summons is served or citation is issued by a police officer for a violation of any municipal ordinance or of chs. 194 or 340 to 348 and 350 , the defendant may enter a plea of not guilty based on such summons or citation by letter to the judge at the address indicated on the summons or citation, the letter to show the defendant’s return address. The letter may include a request for trial during normal daytime business hours. Upon receipt of the letter, the judge shall reply by mail to the defendant’s address setting forth a time and place for trial, the time to be during normal business hours if requested by the defendant. The date of the trial shall be at least 10 days from the mailing by the judge. Nothing in this subsection forbids the setting of the trial at any time convenient to all parties concerned.

History: 1971 c. 278 ; 1973 c. 218 ; 1977 c. 305 ; 1991 a. 316 ; 2017 a. 40 .
Wis. Stat. § 42.035 — WI Code / Chapter 42 / Section 42.035
Treatment of certain state fair park board employees.
Status: in_force

Notwithstanding s. 230.08 (2) (pm) , those employees holding positions in the classified service at the state fair park board on October 29, 1999, who have achieved permanent status in class before that date, shall retain, while serving in the unclassified service at the state fair park board, 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. Such employees shall also be eligible for transfer under s. 230.29 and shall have reinstatement privileges to the classified service under s. 230.33 (1m) . Those employees of the state fair park board on October 29, 1999, who have not achieved permanent status in class in any position at the state fair park board on that date are eligible to receive the protections, privileges and rights preserved under this section if they successfully complete service equivalent to the probationary period required in the classified service for the position that they hold on that date.

History: 1999 a. 9 ; 2001 a. 16 .
Wis. Stat. § 224.10 — WI Code / Chapter 224 / Section 224.10
Indian loan funds.
Status: in_force

(1) Administration in trust as a loan fund. The loan funds of any Indian tribe which are transferred to the custody of such tribe by the United States, including any outstanding loan accounts, shall be administered as follows:

(a) The funds shall be held in trust by the tribe or a legal entity thereof as an Indian loan fund, for the purpose of making loans to members of the tribe.

(b) Management of an Indian loan fund shall be vested in a board of trustees, which may hire necessary personnel to administer the loan fund. The board of trustees shall consist of 5 members of the tribe and shall be appointed annually by the governing body of the tribe.

(c) The Indian loan fund in custody of the Menominee Indian Tribe and administered by a board of trustees appointed by that tribe shall, at the termination of federal control, be administered, subject to this section, by a board of 5 trustees appointed annually by the stockholders of the corporation described in s. 710.05 , 1973 stats., and shall be used for making loans to those who were enrolled tribal members as proclaimed by the secretary of the interior as of June 17, 1954, and their spouses and descendants and to any additional classes recommended by the trustees.

(3) Rules of board of trustees. The board of trustees of an Indian loan fund may establish rules for the administration of the fund.

History: 1975 c. 422 s. 163 ; 1987 a. 252 .
Wis. Stat. § 350.04 — WI Code / Chapter 350 / Section 350.04
Snowmobile races, derbies and routes.
Status: in_force

(1) Any county, town, city or village may block off the highways under its jurisdiction for the purpose of allowing special snowmobile events. No state trunk highway or connecting highway or part thereof, shall be blocked off by any county, town, city or village for any snowmobile race or derby. Every county, town, city or village shall notify the local police department and the county sheriff’s office at least one week in advance of the time and place of any snowmobile race or derby which may result in any street or part thereof, of the county, town, city or village being blocked off. Upon such notice, the local police department shall take such measures as it deems appropriate to protect persons and property and to regulate traffic in the designated area and its vicinity on the day of such race or derby.

(2) On state trunk bridges a sidewalk or, if no sidewalk exists, one lane of the bridge may be designated by the town, city or village as a snowmobile route. Towns, cities or villages may adopt ordinances designating highways as snowmobile routes for snowmobile operation, subject to the following limitations:

(a) Snowmobiles shall be operated on the extreme right side of the roadway.

(b) Left turns shall be made as safely as possible from any position depending on snow cover and other prevailing conditions.

(c) Snowmobile operators shall yield right-of-way to other vehicular traffic and pedestrians.

(d) Highways designated for snowmobile operation shall be marked in accordance with s. 350.13 .

(e) Snowmobile operation is not permitted on state trunk highways or connecting highways except as provided under s. 350.02 .

(3)

(a) No county, town, city or village shall be liable for any injury suffered in connection with a race or derby under this section, unless the injury is caused by the negligence of the county, town, city or village.

(b) The county, town, city or village shall post the provisions of par. (a) in a conspicuous place, readily accessible to all contestants and spectators, and shall assist in locating and identifying persons responsible for injuries that may occur.

History: 1971 c. 277 ; 1977 c. 29 s. 1654 (3) ; 1981 c. 295 .
Wis. Stat. § 402.724 — WI Code / Chapter 402 / Section 402.724
Admissibility of market quotations.
Status: in_force

Whenever the prevailing price or value of any goods regularly bought and sold in any established commodity market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of such market shall be admissible in evidence. The circumstances of the preparation of such a report may be shown to affect its weight but not its admissibility.
Wis. Stat. § 148.06 — WI Code / Chapter 148 / Section 148.06
Determination of right to indemnification.
Status: in_force

Unless otherwise provided by the constitution or bylaws or by written agreement between the director or officer and the medical society, the director or officer seeking indemnification under s. 148.05 (2) shall select one of the following means for determining his or her right to indemnification:

(1) By majority vote of a quorum of the board of directors consisting of directors not at the time parties to the same or related proceedings. If a quorum of disinterested directors cannot be obtained, by majority vote of a committee duly appointed by the board of directors and consisting solely of 2 or more directors not at the time parties to the same or related proceedings. Directors who are parties to the same or related proceedings may participate in the designation of members of the committee.

(2) By independent legal counsel selected by a quorum of the board of directors or its committee in the manner prescribed in sub. (1) or, if unable to obtain such a quorum or committee, by a majority vote of the full board of directors, including directors who are parties to the same or related proceedings.

(3) By a panel of 3 arbitrators consisting of one arbitrator selected by those directors entitled under sub. (2) to select independent legal counsel, one arbitrator selected by the director or officer seeking indemnification and one arbitrator selected by the 2 arbitrators previously selected.

(4) By an affirmative vote of a majority of members who are entitled to vote and who are present in person or represented by proxy at a meeting at which a quorum is present, if there are members having voting rights. Unless the constitution or bylaws provide otherwise, members holding one-tenth of the votes entitled to be cast, present in person or represented by proxy, shall constitute a quorum at a meeting of members. Membership rights owned by, or voted under the control of, persons who are at the time parties to the same or related proceedings, whether as plaintiffs or defendants or in any other capacity, may not be voted in making the determination.

(5) By a court under s. 148.13 .

(6) By any other method provided for in any additional right to indemnification permitted under s. 148.11 .

History: 1987 a. 13 .
Wis. Stat. § 293.59 — WI Code / Chapter 293 / Section 293.59
Cessation of mining or reclamation.
Status: in_force

If there is a cessation of mining or reclamation which is not set forth in either the mining plan or the reclamation plan, the operator shall so notify the department within 48 hours and shall commence stabilization of the mining site according to rules established by the department. If the department determines after hearing that stabilization of the mining site is inadequate to protect the environment, the department shall order the operator to commence additional measures to protect the environment, including, if the cessation is reasonably anticipated to extend for a protracted period of time, reclamation according to the reclamation plan or part of the reclamation plan. Usual and regular shutdown of operations on weekends, for maintenance or repair of equipment or facilities or for other customary reasons shall not constitute a cessation of mining.

History: 1977 c. 421 ; 1995 a. 227 s. 788 ; Stats. 1995 s. 293.59.
Wis. Stat. § 213.03 — WI Code / Chapter 213 / Section 213.03
City and village fire company trustees: term; vacancies.
Status: in_force

Trustees of a fire company, elected under s. 213.02 , shall hold office for one year and until their successors are elected. A trustee may be removed at any time by the company for cause, after the trustee has had an opportunity to be heard in his or her defense. Every vacancy in the office of trustee may be filled for the residue of the term. Any 2 trustees may call a meeting of the trustees and a majority, being convened according to the bylaws of the company, may transact any business authorized to be done by them.

History: 1997 a. 254 .
Wis. Stat. § 810.10 — WI Code / Chapter 810 / Section 810.10
Property, how kept.
Status: in_force

The sheriff shall keep the property taken in a secure place and deliver it to the party entitled thereto upon receiving the sheriff’s lawful fees for taking and the sheriff’s necessary expenses for keeping the same.

History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 810.10; 1993 a. 486 .
Wis. Stat. § 612.15 — WI Code / Chapter 612 / Section 612.15
Supervision of management changes.
Status: in_force

(1) Elections.

(a) Report. The name and residence of each person selected as a director or officer of a town mutual, and such pertinent biographical data and financial information as the commissioner may reasonably require by rule, shall be reported to the commissioner immediately after the selection.

(b) Disapproval. The commissioner, after a hearing called within 30 days after receipt of a report under par. (a) , may disapprove any person selected who for any reason is unqualified to serve, who is not trustworthy or who lacks the competence and experience necessary to discharge his or her responsibilities.

(2) Report of removal. Whenever the board or a member’s meeting removes a director or officer under s. 612.13 (6) or otherwise before the expiration of his or her term, the board shall promptly report to the commissioner the removal and a statement of the reasons therefor.

(3) Removal by commissioner. If the commissioner finds, after a hearing, that a director or officer is for any reason unqualified to serve, is incompetent or untrustworthy, or has willfully violated chs. 600 to 646 , a rule promulgated under s. 601.41 (3) or an order issued under s. 601.41 (4) , and that thereby the interests of members or of the public are endangered, the commissioner shall by order remove the director or officer.

(4) Changes of place of office. If the articles designate the residence or business address of a specified corporate officer as the place of the principal office of the town mutual, any change of such address shall be reported promptly to the commissioner.

History: 1973 c. 22 ; 1979 c. 89 ; 1979 c. 102 s. 236 (13) ; 1991 a. 316 .
Wis. Stat. § 8.30 — WI Code / Chapter 8 / Section 8.30
Candidates ineligible for ballot placement.
Status: in_force

(1) Except as otherwise provided in this section, the official or agency with whom declarations of candidacy are required to be filed may refuse to place the candidate’s name on the ballot if any of the following apply:

(a) The nomination papers are not prepared, signed, and executed as required under this chapter.

(b) It conclusively appears, either on the face of the nomination papers offered for filing, or by admission of the candidate or otherwise, that the candidate is ineligible to be nominated or elected.

(c) The candidate, if elected, could not qualify for the office sought within the time allowed by law for qualification because of age, residence, or other impediment.

(2) If no registration statement has been filed by or on behalf of a candidate for state or local office in accordance with s. 11.0202 (1) (a) by the applicable deadline for filing nomination papers by such candidate, or the deadline for filing a declaration of candidacy for an office for which nomination papers are not filed, the name of the candidate may not appear on the ballot. This subsection may not be construed to exempt a candidate from applicable penalties if he or she files a registration statement later than the time prescribed in s. 11.0202 (1) (a) .

(2m) The official or agency with whom nomination papers and declarations of candidacy are required to be filed shall not place a candidate’s name on the ballot if the candidate’s name is ineligible for ballot placement under s. 5.05 (2m) (d) 2. , 15.61 (3) , or 19.49 (2) (c) 2.

(3) The official or agency with whom declarations of candidacy are required to be filed may not place a candidate’s name on the ballot if the official or agency is prohibited from doing so under s. 19.43 (4) or an ordinance adopted under s. 19.59 (3) (b) .

(4) The official or agency with whom a declaration of candidacy is required to be filed may not place a candidate’s name on the ballot if the candidate fails to file a declaration of candidacy within the time prescribed under s. 8.21 .

History: 1975 c. 93 ; 1979 c. 120 , 328 ; 1979 c. 355 ss. 28 , 29 ; 1983 a. 484 ; 1985 a. 304 ; 1987 a. 391 ; 2001 a. 109 ; 2005 a. 149 , 177 ; 2007 a. 1 ; 2015 a. 117 , 118 .