FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 801.64 — WI Code / Chapter 801 / Section 801.64
Legislative findings; 2007 Wisconsin Act 1 .
Status: in_force

The legislature finds that providing under 2007 Wisconsin Act 1 for the place of trial in the county where the offender resides is consistent with the legislature’s authority under article I, section 7 , of the constitution and with previous acts by the legislature providing for the place of trial in counties other than where the elements of the offense may have occurred. The legislature further finds that allowing defendants charged with violating offenses covered by 2007 Wisconsin Act 1 to request a trial in the county where the offense occurred is consistent with the protections in article I, section 7 , of the constitution. The legislature finds that violations of offenses covered by 2007 Wisconsin Act 1 are violations of the public trust that should be adjudicated in the county where the offender resides so the individuals who the defendant interacts with daily, serves, or represents as a public official or candidate and whose trust was violated by the offense will judge the defendant’s guilt or innocence. The legislature further finds that to so provide is consistent with equal protection of the laws under article I, section 1 , of the constitution. The legislature finds the venue provision in 2007 Wisconsin Act 1 represents an appropriate balance between the rights of the defendant and the need to prevent and prosecute civil and criminal offenses covered by 2007 Wisconsin Act 1 .

History: 2007 a. 1 .
Wis. Stat. § 409.340 — WI Code / Chapter 409 / Section 409.340
Effectiveness of right of recoupment or setoff against deposit account.
Status: in_force

(1) Exercise of recoupment or setoff. Except as otherwise provided in sub. (3) , a bank with which a deposit account is maintained may exercise any right of recoupment or setoff against a secured party that holds a security interest in the deposit account.

(2) Recoupment or setoff not affected by security interest. Except as otherwise provided in sub. (3) , the application of this chapter to a security interest in a deposit account does not affect a right of recoupment or setoff of the secured party as to a deposit account maintained with the secured party.

(3) When setoff ineffective. The exercise by a bank of a setoff against a deposit account is ineffective against a secured party that holds a security interest in the deposit account which is perfected by control under s. 409.104 (1) (c) , if the setoff is based on a claim against the debtor.

History: 2001 a. 10 .
Wis. Stat. § 50.053 — WI Code / Chapter 50 / Section 50.053
Case conference.
Status: in_force

The department may hold a case conference with the parties to any contested action under this subchapter to resolve any or all issues prior to formal hearing. Unless any party to the contested case objects, the department may delay the commencement of the formal hearing in order to hold the case conference.

History: 1977 c. 170 ; 1999 a. 103 .
Wis. Stat. § 281.72 — WI Code / Chapter 281 / Section 281.72
River protection; contracts with nonprofit organizations.
Status: in_force

(1) Definition. In this section, “nonprofit conservation organization” means a river management organization that meets the qualifications under s. 281.70 (4) (b) or a nonprofit corporation, a charitable trust or other nonprofit association whose purposes include the protection of rivers and that is described in section 501 (c) (3) of the Internal Revenue Code and is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

(2) Requirements to receive contracts. The department shall provide contracts to nonstock, nonprofit corporations that are described under section 501 (c) (3) or (4) of the Internal Revenue Code and that are organized in this state. For a nonstock, profit corporation to qualify for a contract, the corporation shall meet all of the following requirements:

(a) The corporation is exempt from taxation under section 501 (a) of the Internal Revenue Code.

(b) The corporation provides support to nonprofit conservation organizations.

(c) The corporation has a board of directors that has a majority of members who are representatives of nonprofit conservation organizations.

(d) The corporation contributes, to be used with the contract, $1 for every $3 it receives under the contract.

(3) Requirements under contracts. A corporation receiving a contract under this subsection shall do all of the following:

(a) Assist in the establishment of nonprofit conservation organizations.

(b) Provide technical assistance to nonprofit conservation organizations.

(c) Conduct conferences on topics for which technical assistance is provided under par. (b) .

History: 1999 a. 9 .
Wis. Stat. § 301.132 — WI Code / Chapter 301 / Section 301.132
Honesty testing of sex offenders.
Status: in_force

(1) In this section:

(a) “Lie detector” has the meaning given in s. 111.37 (1) (b) .

(b) “Polygraph” has the meaning given in s. 111.37 (1) (c) .

(c) “Sex offender” means a person in the custody of the department who meets any of the criteria specified in s. 301.45 (1g) .

(2) The department may require a sex offender to submit to a lie detector test when directed to do so by the department. The department may require submission to a lie detector test under this subsection as part of a sex offender’s correctional programming or care and treatment, as a condition of a sex offender’s probation, parole or extended supervision, or both as part of a sex offender’s correctional programming or care and treatment and as a condition of the sex offender’s probation, parole or extended supervision.

(3) The department shall promulgate rules establishing a lie detector test program for sex offenders. The rules shall provide for assessment of fees upon sex offenders to partially offset the costs of the program.

History: 1995 a. 440 ; 1997 a. 283 ; 1999 a. 89 .
Wis. Stat. § 779.90 — WI Code / Chapter 779 / Section 779.90
Notice of existence of lien.
Status: in_force

A person is deemed to have notice of a prepaid maintenance lien if:

(1) That person has actual knowledge or reason to know that the lien exists on the seller’s property;

(2) That person has reason to know that the seller regularly demands or accepts prepayments for maintenance;

(3) The seller engages in a type of business that generally requests or demands prepayment for maintenance; or

(4) The lien was filed as permitted in s. 779.89 .

History: 1977 c. 296 ; 1979 c. 32 ss. 57 , 92 (9) ; Stats. 1979 s. 779.90.
Wis. Stat. § 341.03 — WI Code / Chapter 341 / Section 341.03
Operating vehicle after suspension, revocation or cancellation of registration.
Status: in_force

(1) Prohibition. No person may operate or knowingly permit the operation of a motor vehicle if the registration for that vehicle is suspended, revoked or canceled under s. 285.30 (6) (d) or 342.255 , ch. 344 or this chapter, or if the registration for that vehicle is suspended, canceled or revoked under the law of another jurisdiction.

(2) Penalties.

(a) Any person who violates sub. (1) , where the vehicle used is an automobile or any other vehicle having a gross weight rating of 10,000 pounds or less, as determined by the manufacturer of the vehicle, may be required to forfeit not more than $200.

(b) Any person who violates sub. (1) , where the vehicle used is a vehicle not enumerated under par. (a) , may be required to forfeit not more than $500.

(3) Defenses.

(a)

1. It is a defense to a violation of sub. (1) that the person did not know, and had no reason to know, that the motor vehicle registration was suspended, revoked or canceled at the time of the violation.

2. Refusal to accept or failure to receive an order of suspension, revocation or cancellation mailed by the department to the person’s last-known address shall not be a defense to a violation of sub. (1) . If the person has changed his or her address and fails to notify the department as required in s. 343.22 , then failure to receive notice of suspension, revocation or cancellation shall not be a defense to a violation of sub. (1) .

(b) This section does not apply if operating the motor vehicle was made necessary by a situation of emergency.

History: 1995 a. 128 ; 1997 a. 35 ; 1999 a. 80 .
Wis. Stat. § 5.08 — WI Code / Chapter 5 / Section 5.08
Petition for enforcement.
Status: in_force

In addition to or in lieu of filing a complaint, any elector may file a verified petition alleging such facts as are within his or her knowledge to indicate that an election official has failed or is failing to comply with any law regulating the conduct of elections or election campaigns, other than a law regulating campaign financing, or proposes to act in a manner inconsistent with such a law, and requesting that an action be commenced for injunctive relief, a writ of mandamus or prohibition or other such legal or equitable relief as may be appropriate to compel compliance with the law. The petition shall be filed with the district attorney for the county having jurisdiction to prosecute the alleged failure to comply under s. 978.05 (1) and (2) . The district attorney may then commence the action or dismiss the petition. If the district attorney declines to act upon the petition or if the district attorney fails to act upon the petition within 15 days of the date of filing, the petitioner may file the same petition with the attorney general, who may then commence the action.

History: 1983 a. 484 ; 2007 a. 1 ; 2015 a. 118 .
Wis. Stat. § 322.077 — WI Code / Chapter 322 / Section 322.077
Article 77 — Principals.
Status: in_force

Any person who either commits an offense punishable by this code, or aids, abets, counsels, commands, or procures its commission, or causes an act to be done which if directly performed by him or her would be punishable is a principal.

History: 2007 a. 200 .
Wis. Stat. § 35.80 — WI Code / Chapter 35 / Section 35.80
Cost calculation.
Status: in_force

Costs for the sale and distribution of publications by the department include the cost of storage, handling, shipping and distribution.

History: 1979 c. 34 .
Wis. Stat. § 60.557 — WI Code / Chapter 60 / Section 60.557
Reimbursement for fire calls on highways.
Status: in_force

(1) If a town incurs costs for a fire call by responding to a vehicle fire on a county trunk highway, the county maintaining that portion of the highway where the vehicle was located at the time of the fire shall reimburse the town up to $200 for the costs if the town submits written proof that the town has made a reasonable effort to collect the cost from the insurer of the person to whom the fire call was provided or from the person to whom the fire call was provided, except that the town may attempt to collect the cost from the person only if the town is unsuccessful in its efforts to collect from the person’s insurer or if the person has no insurer. If the town collects the cost from an insurer or such person after the county reimburses the town, the town shall return the amount collected to the county.

(2) If a town incurs costs for a fire call on a state trunk highway or any highway that is a part of the national system of interstate highways and maintained by the department of transportation, the department of transportation shall reimburse the town up to $500 for the costs, even if the fire equipment is not actually used, if the town submits written proof that the town has made a reasonable effort to collect the cost from the insurer of the person to whom the fire call was provided or from the person to whom the fire call was provided, except that the town may attempt to collect the cost from the person only if the town is unsuccessful in its efforts to collect from the person’s insurer or if the person has no insurer. If the town collects the cost from an insurer or such person after the department reimburses the town, the town shall return the amount collected to the department.

History: 1983 a. 532 , 538 ; 1993 a. 16 ; 1999 a. 131 ; 2003 a. 205 .
Wis. Stat. § 938.067 — WI Code / Chapter 938 / Section 938.067
Powers and duties of intake workers.
Status: in_force

To carry out the objectives of this chapter, intake workers shall do all of the following:

(1) Screening. Provide intake services 24 hours a day, 7 days a week, for the purpose of screening juveniles taken into custody and not released under s. 938.20 (2) .

(2) Interviewing. Interview, if possible, any juvenile who is taken into physical custody and not released, and, if appropriate, other available concerned parties. If the juvenile cannot be interviewed, the intake worker shall consult with the juvenile’s parent or a responsible adult. No juvenile may be placed in a juvenile detention facility unless the juvenile has been interviewed in person by an intake worker, except that if the intake worker is in a place which is distant from the place where the juvenile is or the hour is unreasonable, as defined by written court intake rules, and if the juvenile meets the criteria under s. 938.208 , the intake worker, after consulting by telephone with the law enforcement officer who took the juvenile into custody, may authorize the secure holding of the juvenile while the intake worker is en route to the in-person interview or until 8 a.m. of the morning after the night on which the juvenile was taken into custody.

(3) Whether juvenile should be held. Determine whether the juvenile shall be held under s. 938.205 and policies promulgated under s. 938.06 (1) or (2) .

(4) Where juvenile should be held. If the juvenile is not released, determine where the juvenile shall be held.

(5) Crisis counseling. Provide any necessary crisis counseling during the intake process.

(6) Request for petition; deferred prosecution. Receive referral information, conduct intake inquiries, request that a petition be filed, and enter into deferred prosecution agreements under policies promulgated under s. 938.06 (1) or (2) .

(6g) Victims’ rights. Provide information and notices to and confer with victims as required under s. 938.346 (1m) .

(6m) Multidisciplinary screen. Conduct the multidisciplinary screen in counties that have a pilot program under s. 938.547 .

(7) Referrals. Make referrals of cases to other agencies if their assistance is needed or desirable.

(8) Interim recommendations. Make interim recommendations to the court concerning juveniles awaiting final disposition under s. 938.355 .

(8m) Taking juveniles into custody. Take juveniles into custody under ss. 938.355 (6d) (a) , (b) and (c) and 938.534 (1) (b) and (c) .

(9) Other functions. Perform any other functions ordered by the court, and, when the court or chief judge requests, assist the court or chief judge of the judicial administrative district in developing written policies or carrying out its other duties.

History: 1995 a. 77 ; 1997 a. 80 , 181 , 205 ; 2005 a. 344 .
Wis. Stat. § 448.53 — WI Code / Chapter 448 / Section 448.53
Licensure of physical therapists.
Status: in_force

(1) The examining board shall grant a license as a physical therapist to a person who does all of the following:

(a) Submits an application for the license to the department on a form provided by the department.

(b) Pays the fee specified in s. 440.05 (1) .

(c) Subject to ss. 111.321 , 111.322 and 111.335 , submits evidence satisfactory to the examining board that the applicant does not have an arrest or conviction record.

(d) Submits evidence satisfactory to the examining board that the applicant is a graduate of a school of physical therapy approved by the examining board, unless the examining board waives this requirement under sub. (3) .

(e) Passes an examination under s. 448.54 .

(f) If the person was educated at a physical therapy school that is not in the United States, the person satisfies any additional requirements for demonstrating competence to practice physical therapy that the examining board may establish by rule.

(2) The examining board may promulgate rules providing for various classes of temporary licenses to practice physical therapy.

(3) The examining board may waive the requirement under sub. (1) (d) for an applicant who establishes, to the satisfaction of the examining board, all of the following:

(a) That he or she is a graduate of a physical therapy school.

(b) That he or she is licensed as a physical therapist by another licensing jurisdiction in the United States.

(c) That the jurisdiction in which he or she is licensed required the licensee to be a graduate of a school approved by the licensing jurisdiction or of a school that the licensing jurisdiction evaluated for education equivalency.

(d) That he or she has actively practiced physical therapy, under the license issued by the other licensing jurisdiction in the United States, for at least 3 years immediately preceding the date of his or her application.

History: 1993 a. 107 ; 2001 a. 70 ; 2009 a. 149 .
Wis. Stat. § 126.87 — WI Code / Chapter 126 / Section 126.87
Court actions.
Status: in_force

(1) Injunction. The department may petition the circuit court for an ex parte temporary restraining order, a temporary injunction, or a permanent injunction to prevent, restrain, or enjoin any person from violating this chapter, any rule promulgated under this chapter, or any order issued under this chapter. The department may seek this remedy in addition to any other penalty or remedy provided under this chapter.

(2) Penalties.

(a) A person who violates this chapter, a rule promulgated under this chapter, or an order issued under this chapter is subject to a forfeiture of not less than $250 nor more than $5,000 for each violation.

(b) A person who intentionally violates this chapter, a rule promulgated under this chapter, or an order issued under this chapter may be fined not more than $10,000 or imprisoned for not more than one year in the county jail or both.

(4) Private remedy.

(a) A person whose claim is allowed under s. 126.70 may bring an action against the contractor to recover the amount of the allowed claim, less any recovery amount that the department pays to the claimant under s. 126.71 . In any court action under this subsection, the claimant may recover costs including all reasonable attorney fees, notwithstanding s. 814.04 (1) . This subsection does not limit any other legal cause of action that the claimant may have against the contractor.

(b) A claim allowed under s. 126.70 has the same priority in an insolvency proceeding or creditor’s action as a claim for wages, except as otherwise provided by federal law.

(5) Collections. The department may bring an action in court to recover any unpaid amount that a contractor owes the department under this chapter, including any unpaid fund assessment or reimbursement.

History: 2001 a. 16 .
Wis. Stat. § 411.301 — WI Code / Chapter 411 / Section 411.301
Enforceability of lease contract.
Status: in_force

Except as otherwise provided in this chapter, a lease contract is effective and enforceable according to its terms between the parties, against purchasers of the goods and against creditors of the parties.

History: 1991 a. 148 .
Wis. Stat. § 470.09 — WI Code / Chapter 470 / Section 470.09
Penalties.
Status: in_force

(1) A person who violates this chapter or any rule promulgated under this chapter may be required to forfeit not more than $5,000 for the first offense and may be required to forfeit not more than $10,000 for the 2nd or any later offense within a year. Each day of continued violation constitutes a separate offense.

(2) A person who willfully violates this chapter or any rule promulgated under this chapter may be fined not more than $10,000.

History: 1997 a. 300 .
Wis. Stat. § 454.245 — WI Code / Chapter 454 / Section 454.245
Department approval of accrediting agencies.
Status: in_force

The department shall identify by rule the accrediting agencies it approves to accredit schools for the purpose of satisfying educational requirements for an initial license or a license renewal under this subchapter.

History: 2013 a. 356 .
Wis. Stat. § 47.035 — WI Code / Chapter 47 / Section 47.035
Fiscal agents for persons with disabilities.
Status: in_force

(1) Except as authorized in sub. (2) if an individual receives direct funding for personal assistance services that are provided to the individual under s. 47.02 (6) (c) , and the services are provided through a county department of human services or social services or an aging unit, the county department or aging unit through which the services are provided shall serve directly as a fiscal agent or contract with a fiscal intermediary to serve as a fiscal agent for that individual for the purposes of performing the responsibilities and protecting the interests of the individual under the unemployment insurance law. The fiscal agent under this subsection is responsible for remitting any federal unemployment compensation taxes or state unemployment insurance contributions owed by the individual, including any interest and penalties which are owed by the individual; for serving as the representative of the individual in any investigation, meeting, hearing or appeal involving ch. 108 or the federal unemployment tax act ( 26 USC 3301 to 3311 ) in which the individual is a party; and for receiving, reviewing, completing and returning all forms, reports and other documents required under ch. 108 or the federal unemployment tax act on behalf of the individual.

(2) An individual may make an informed, knowing and voluntary election to waive the right to a fiscal agent under sub. (1) . The waiver may be as to all or any portion of the fiscal agent’s responsibilities. The waiver may be rescinded in whole or in part at any time.

History: 1993 a. 373 ; 1997 a. 39 , 112 ; 1999 a. 82 .
Wis. Stat. § 968.24 — WI Code / Chapter 968 / Section 968.24
Temporary questioning without arrest.
Status: in_force

After having identified himself or herself as a law enforcement officer, a law enforcement officer may stop a person in a public place for a reasonable period of time when the officer reasonably suspects that such person is committing, is about to commit or has committed a crime, and may demand the name and address of the person and an explanation of the person’s conduct. Such detention and temporary questioning shall be conducted in the vicinity where the person was stopped.

History: 1993 a. 486 .
Wis. Stat. § 244.17 — WI Code / Chapter 244 / Section 244.17
Agent’s liability.
Status: in_force

An agent who violates this chapter is liable to the principal or the principal’s successors in interest for the amount required to do all of the following:

(1) Restore the value of the principal’s property to what it would have been had the violation not occurred.

(2) Reimburse the principal or the principal’s successors in interest for the attorney fees and costs paid on the agent’s behalf.

History: 2009 a. 319 .
Wis. Stat. § 939.65 — WI Code / Chapter 939 / Section 939.65
Prosecution under more than one section permitted.
Status: in_force

Except as provided in s. 948.025 (3) , if an act forms the basis for a crime punishable under more than one statutory provision, prosecution may proceed under any or all such provisions.

History: 1993 a. 227 .