FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 402.615 — WI Code / Chapter 402 / Section 402.615
Excuse by failure of presupposed conditions.
Status: in_force

Except so far as a seller may have assumed a greater obligation and subject to s. 402.614 on substituted performance:

(1) Delay in delivery or nondelivery in whole or in part by a seller who complies with subs. (2) and (3) is not a breach of the seller’s duty under a contract for sale if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it later proves to be invalid.

(2) Where the causes mentioned in sub. (1) affect only a part of the seller’s capacity to perform, the seller must allocate production and deliveries among the seller’s customers but may at the seller’s option include regular customers not then under contract as well as the seller’s own requirements for further manufacture. The seller may so allocate in any manner which is fair and reasonable.

(3) The seller must notify the buyer seasonably that there will be delay or nondelivery and, when allocation is required under sub. (2) , of the estimated quota thus made available for the buyer.

History: 1991 a. 316 .
Wis. Stat. § 941.36 — WI Code / Chapter 941 / Section 941.36
Fraudulent tapping of electric wires or gas or water meters or pipes.
Status: in_force

(1) Whoever, without permission and for the purpose of obtaining electrical current, gas or water with intent to defraud any vendor of electricity, gas or water by doing any of the following, is guilty of a Class C misdemeanor:

(a) Connects or causes to be connected by wire or any other device with the wire, cables or conductors of any such vendor.

(b) Connects or disconnects the meters, pipes or conduits of the vendor or in any other manner tampers or interferes with the meters, pipes or conduits, or connects with the meters, pipes or conduits by pipes, conduits or other instruments.

(2) The existence of any of the conditions with reference to meters, pipes, conduits or attachments, described in this section, is presumptive evidence that the person to whom gas, electricity or water is at the time being furnished by or through the meters, pipes, conduits or attachments has, with intent to defraud, created or caused to be created the conditions. The presumption does not apply to any person furnished with gas, electricity or water for less than 31 days or until there has been at least one meter reading.

History: 1977 c. 311 .
Wis. Stat. § 91.60 — WI Code / Chapter 91 / Section 91.60
Farmland preservation agreements; general.
Status: in_force

(1) Agreements authorized. The department may enter into a farmland preservation agreement that complies with s. 91.62 with the owner of land that is eligible under sub. (2) .

(2) Eligible land. Land is eligible if all of the following apply:

(a) The land is operated as part of a farm that produced at least $6,000 in gross farm revenues during the taxable year preceding the year in which the owner applies for a farmland preservation agreement or a total of at least $18,000 in gross farm revenues during the last 3 taxable years preceding the year in which the owner applies for a farmland preservation agreement.

(b) The land is located in a farmland preservation area identified in a certified farmland preservation plan.

(c) The land is in an agricultural enterprise area designated under s. 91.84 .

(3) Prior agreements.

(a) Except as provided in par. (c) or s. 91.66 , a farmland preservation agreement entered into before July 1, 2009, remains in effect for the term specified in the agreement and under the terms that were agreed upon when the agreement was last created, extended, or renewed.

(b) The department may not extend or renew a farmland preservation agreement entered into before July 1, 2009.

(c) The department and an owner of land who entered into a farmland preservation agreement before July 1, 2009, may agree to modify the farmland preservation agreement in order to allow the owner to claim the tax credit under s. 71.613 rather than the tax credit for which the owner would otherwise be eligible.

History: 2009 a. 28 .
Wis. Stat. § 757.10 — WI Code / Chapter 757 / Section 757.10
Failure to adjourn.
Status: in_force

No omission to adjourn any such court may vitiate any proceedings in the court.

History: 1977 c. 187 s. 96 ; 1977 c. 449 ; Stats. 1977 s. 757.10.
Wis. Stat. § 60.43 — WI Code / Chapter 60 / Section 60.43
Financial audits.
Status: in_force

(1) General. The town board may provide for financial audits under s. 66.0605 .

(2) Audit of combined clerk and treasurer office. If the offices of town clerk and town treasurer are combined under s. 60.305 (1) (a) , the town board shall arrange for an audit of the town financial records at least once every year. The audit may be conducted either by a certified public accountant, appointed by the town board and not otherwise employed by the town, or by the department of revenue if the department provides such a service.

History: 1983 a. 532 ; 1999 a. 150 s. 672 .
Wis. Stat. § 15.16 — WI Code / Chapter 15 / Section 15.16
Department of employee trust funds; creation.
Status: in_force

There is created a department of employee trust funds under the direction and supervision of the employee trust funds board.

(1) Employee trust funds board. The employee trust funds board shall consist of the governor or the governor’s designee on the group insurance board, the administrator of the division of personnel management in the department of administration or the administrator’s designee and 11 persons appointed or elected for 4-year terms as follows:

(a) Four members shall be members of the teachers retirement board, appointed by that board.

1. At least one appointee under this paragraph shall have been appointed or elected to the board under s. 15.165 (3) (a) 1. or 2.

2. At least one appointee under this paragraph shall have been appointed to the board under s. 15.165 (3) (a) 4.

3. At least one appointee under this paragraph shall have been elected to the board under s. 15.165 (3) (a) 7.

4. At least one appointee under this paragraph shall have been appointed to the board under s. 15.165 (3) (a) 3. or 5.

(b) Four members shall be members of the Wisconsin retirement board, appointed by that board.

1. At least one appointee under this paragraph shall have been appointed to the board under s. 15.165 (3) (b) 1. , 2. , 4. , 5. or 8.

2. At least one appointee under this paragraph shall have been appointed to the board under s. 15.165 (3) (b) 3. , 6. or 7.

3. At least one appointee under this paragraph shall have been appointed to the board under s. 15.165 (3) (b) 7. or 8.

(c) One member shall be a public member who is not a participant in or beneficiary of the Wisconsin retirement system, with at least 5 years of experience in actuarial analysis, administration of an employee benefit plan or significant administrative responsibility in a major insurer. It is the intent of the legislature that the member appointed under this paragraph shall represent the interests of the taxpayers of this state and shall not be representative of public employee or employer interests.

(d) One member shall be an annuitant, as defined for purposes other than life insurance under s. 40.02 (4) , elected by annuitants, as defined for purposes other than life insurance under s. 40.02 (4) .

(f) One member who is a participant in the Wisconsin retirement system and who is a technical college educational support personnel employee, as defined in s. 40.02 (55g) , or an educational support personnel employee, as defined in s. 40.02 (22m) , elected by participating employees meeting the same criteria.

History: 1979 c. 221 ; 1981 c. 96 ; 1991 a. 116 ; 1999 a. 181 ; 2003 a. 33 ss. 101 , 9160 ; 2005 a. 25 ; 2015 a. 55 .
Wis. Stat. § 5.95 — WI Code / Chapter 5 / Section 5.95
Elector information.
Status: in_force

The commission shall prescribe information to electors in municipalities and counties using various types of electronic voting systems to be published in lieu of the information specified in s. 10.02 (3) in type B notices whenever the type B notice information is inapplicable.

History: 1979 c. 311 ; 2015 a. 118 s. 266 (10) .
Wis. Stat. § 702.407 — WI Code / Chapter 702 / Section 702.407
Remedy for breach of contract to appoint or not to appoint.
Status: in_force

The remedy for a powerholder’s breach of a contract to appoint or not to appoint appointive property is limited to damages payable out of the appointive property or, if appropriate, specific performance of the contract.

History: 2023 a. 127 .
Wis. Stat. § 349.14 — WI Code / Chapter 349 / Section 349.14
Authority to use parking meters.
Status: in_force

(1) It is the public policy of this state that the use of parking meters by cities, villages, towns and counties to measure the time for parking vehicles is a local matter to be determined by the local authorities.

(2) Cities, villages, towns and counties may by ordinance or resolution provide for the installation and operation of parking meters and may provide for the use of the revenue collected from such meters for general street and highway maintenance, repair and construction, for meeting the cost of traffic and parking regulation, for the purchase and operation of publicly owned off-street parking facilities, and for such other expenses and purposes as the local authority deems reasonably necessary to provide for the convenience, safety and welfare of persons using the streets and highways for vehicular traffic.

History: 1993 a. 246 .
Wis. Stat. § 111.60 — WI Code / Chapter 111 / Section 111.60
Judicial review of order of arbitrator.
Status: in_force

(1) Either party to the dispute may, within 15 days from the date such order is filed with the clerk of the court, petition the court for a review of such order on the ground that:

(a) The parties were not given reasonable opportunity to be heard;

(b) The arbitrator exceeded the arbitrator’s powers;

(c) The order is not supported by the evidence; or

(d) The order was procured by fraud, collusion or other unlawful means.

(2) A summons to the other party to the dispute shall be issued as provided by law in other civil cases; and either party shall have the same rights to a change of venue from the county, or to a change of judge, as provided by law in other civil cases.

(3) The judge of the circuit court shall review the order solely upon the grounds for review hereinabove set forth and shall affirm, reverse, modify or remand such order to the arbitrator as to any issue or issues for such further action as the circumstances require.

History: 1993 a. 492 .
Wis. Stat. § 20.550 — WI Code / Chapter 20 / Section 20.550
Public defender board.
Status: in_force

There is appropriated to the public defender board for the following program:

(1) Legal assistance.

(a) Program operation. Biennially, the amounts in the schedule for the operation of the office of the state public defender, excluding the costs under par. (fb) .

(fb) Payments from clients; administrative costs. The amounts in the schedule for the costs of determining, collecting and processing the payments received from persons as payment for legal representation under s. 977.075 or 977.076 .

(g) Gifts, grants, and proceeds. All moneys received from gifts and grants and, except as provided in pars. (fb) , (h) , (i) , (kj) , and (L) , all proceeds from services, conferences, and sales of publications and promotional materials for the purposes for which made or received.

(h) Contractual agreements. The amounts in the schedule to carry out contractual agreements with other state agencies. All moneys received from contractual agreements with other state agencies shall be credited to this appropriation.

(i) Tuition payments. All moneys received from tuition payments under s. 977.05 (5) (e) to sponsor conferences or training under s. 977.05 (5) (e) .

(kj) Conferences and training. The amounts in the schedule to sponsor conferences and training under ch. 977 . All moneys transferred from the appropriation account under s. 20.455 (2) (i) 15. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a) , the unencumbered balance on June 30 of each year shall be transferred to the appropriation account under s. 20.455 (2) (i) .

(L) Private bar and investigator reimbursement; payments for legal representation. All moneys received, after first deducting the amounts appropriated under par. (fb) , from persons as payment for legal representation to be used for the reimbursement of private attorneys appointed to act as counsel under s. 977.08 and for reimbursement for contracting for services of private investigators.

(m) Federal aid. All moneys received as federal aid as authorized by the governor under s. 16.54 to carry out the purposes for which made and received.

History: 1977 c. 29 , 418 ; 1979 c. 34 , 356 ; 1981 c. 20 ; 1983 a. 27 ; 1987 a. 27 ; 1989 a. 31 , 336 ; 1991 a. 39 ; 1993 a. 16 , 437 , 451 ; 1995 a. 27 ; 1999 a. 9 ; 2001 a. 16 ; 2005 a. 25 ; 2007 a. 20 ; 2009 a. 164 ; 2011 a. 32 ; 2013 a. 20 ; 2017 a. 59 .
Wis. Stat. § 769.709 — WI Code / Chapter 769 / Section 769.709
Partial enforcement.
Status: in_force

If a tribunal of this state does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order.

History: 2009 a. 321 ; 2015 a. 82 s. 12 .
Wis. Stat. § 969.065 — WI Code / Chapter 969 / Section 969.065
Judicial conference; bail alternatives.
Status: in_force

The judicial conference shall develop guidelines for cash bail for persons accused of misdemeanors which the supreme court shall adopt by rule. The guidelines shall relate primarily to individuals. The guidelines may be revised from time to time under this section.

History: 1981 c. 183 .
Wis. Stat. § 322.063 — WI Code / Chapter 322 / Section 322.063
Article 63 — Rehearings.
Status: in_force

Each rehearing under this code shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he or she was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be approved, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes a plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.

History: 2007 a. 200 .
Wis. Stat. § 103.16 — WI Code / Chapter 103 / Section 103.16
Seats for employees; penalty.
Status: in_force

Every employer employing employees in any manufacturing, mechanical or mercantile establishment in this state shall provide suitable seats for its employees, and shall permit the use of those seats by its employees when the employees are not necessarily engaged in the active duties for which they are employed. Any employer who violates this section may be fined not less than $10 nor more than $30 for each offense.

History: 1975 c. 94 s. 91 (17) ; 1997 a. 253 .
Wis. Stat. § 221.0613 — WI Code / Chapter 221 / Section 221.0613
Waiver of notice.
Status: in_force

(1) Written waiver. A director may waive a notice required by this chapter, the articles of incorporation or the bylaws before or after the date and time stated in the notice. Except as provided by sub. (2) , the waiver shall be in writing, signed by the director entitled to the notice and retained by the bank.

(2) Waiver by attendance or participation. A director’s attendance at or participation in a meeting waives any required notice to him or her of the meeting, unless the director at the beginning of the meeting or promptly upon his or her arrival objects to holding the meeting or transacting business at the meeting and does not thereafter vote for or assent to action taken at the meeting.

History: 1995 a. 336 .
Wis. Stat. § 61.47 — WI Code / Chapter 61 / Section 61.47
Street and sidewalk improvement tax.
Status: in_force

For the purpose of improving the streets, making and improving sidewalks and crosswalks and setting out shade and ornamental trees in such village, the board may levy a tax in addition to the highway tax provided for in s. 61.46 (2) , and the amount fixed shall be levied, certified and collected as provided in these statutes. All moneys so collected shall be paid to the village treasurer and expended under the direction of the board of trustees.

History: 1985 a. 29 .
Wis. Stat. § 45.83 — WI Code / Chapter 45 / Section 45.83
Transportation services grants to counties.
Status: in_force

(1) Annually, from the appropriation under s. 20.485 (2) (s) , the department shall award grants to counties that are not served by transportation services provided by the Wisconsin department of Disabled American Veterans to develop, maintain, and expand transportation services for veterans. The grants may be used to support multicounty cooperative transportation services.

(2) The department shall promulgate rules specifying the application procedures and eligibility criteria for grants under this section.

(3) A county may not reduce funding to a county veterans service office based upon receipt of a grant.

History: 2005 a. 22 .
Wis. Stat. § 633.04 — WI Code / Chapter 633 / Section 633.04
Written agreement required.
Status: in_force

An administrator may not administer an employee benefit plan in the absence of a written agreement between the administrator and a principal. The administrator and principal shall each retain a copy of the written agreement for the duration of the agreement and for 5 years thereafter. The written agreement shall contain the following terms:

(1) That the administrator and principal shall each retain a copy of the written agreement as provided under this section.

(2) If a policy is issued to a trust, that the administrator shall retain a copy of the trust agreement for the duration of the trust agreement and for 5 years thereafter.

(3) If the principal is an insurer, that payments to an administrator shall be treated as provided in s. 633.05 .

(4) That the administrator shall maintain and retain books and records pertaining to a principal dating back 5 years at all times or until delivered to the principal by the administrator, with the right of examination and audit as provided in s. 633.06 (1) , and the right of inspection and any restrictions on the right of inspection, as provided in s. 633.06 (2) .

(5) If the principal is an insurer, that advertising shall be approved as provided in s. 633.07 .

(6) If the principal is an insurer, that the terms, as required by s. 633.08 , specify any underwriting responsibilities which the insurer has delegated to the administrator.

(7) That funds shall be collected and received as provided in s. 633.09 (1) , that funds shall be paid and deposited as provided in s. 633.09 (1) , that fiduciary account records shall be maintained and provided as provided in s. 633.09 (2) , that interest shall be treated as provided in s. 633.09 (3) or that other terms shall specify treatment of interest, that withdrawals for payments of claims are not permitted as provided in s. 633.09 (4) (a) , and that other withdrawals are permitted only as provided under s. 633.09 (4) (b) .

(8) That claims are to be paid as provided in s. 633.10 .

(9) That compensation to an administrator shall be paid as provided in s. 633.11 .

(10) That notification shall be given as provided in s. 633.12 .

(11) That an administrator has been licensed as provided in s. 633.13 (1) or need not be licensed as provided in s. 633.13 (2) .

History: 1991 a. 39 ; 2021 a. 9 .
Wis. Stat. § 4.49 — WI Code / Chapter 4 / Section 4.49
Forty-ninth assembly district.
Status: in_force

All of the following territory constitutes the 49th assembly district:

(1) Whole county. Crawford.

(2) Grant County. That part of Grant County consisting of all of the following:

(a) The towns of Beetown, Bloomington, Boscobel, Cassville, Ellenboro, Fennimore, Glen Haven, Harrison, Hazel Green, Jamestown, Liberty, Lima, Little Grant, Marion, Millville, Mount Hope, Mount Ida, North Lancaster, Paris, Patch Grove, Platteville, Potosi, Smelser, South Lancaster, Waterloo, Woodman, and Wyalusing.

(b) The villages of Bagley, Bloomington, Cassville, Dickeyville, Mount Hope, Patch Grove, Potosi, Tennyson, and Woodman.

(c) The cities of Boscobel, Fennimore, Lancaster, and Platteville.

(3) Vernon County. That part of Vernon County consisting of that part of the village of De Soto located in the county.

History: 2023 a. 94 .
Wis. Stat. § 611.20 — WI Code / Chapter 611 / Section 611.20
Certificate of authority.
Status: in_force

(1) Application. The corporation may apply for a certificate of authority at any time prior to the expiration of its organization permit. The application shall include a statement by a principal officer of any material changes that have already taken place or are likely to take place in the facts on which the issuance of the organization permit was based, and if any material changes are proposed in the business plan, the additional information about such changes that would be required if an organization permit were then being applied for.

(2) Issuance.

(a) The commissioner shall issue a certificate of authority, if he or she finds:

1. That cash or property authorized under s. 611.14 (1) (a) has been received sufficient to satisfy the requirements of s. 611.19 ;

2. That there is no basis for revoking the organization permit under s. 611.16 (2) ; and

3. That all other applicable requirements of the law have been met.

(b) The certificate of authority shall specify any limits placed on the insurance business that may be carried on by the corporation and may, within the powers given the commissioner by law, specify limits on its methods of operation.

(3) Effect. Upon the issuance of the certificate:

(a) The board shall authorize and direct the issuance of shares, bonds or notes subscribed to under the organization permit, and of insurance policies upon qualifying applications made under the organization permit; and

(b) The commissioner shall authorize the release to the corporation of all funds held in escrow under s. 611.15 .

(4) Alteration of certificate of authority.

(a) Upon application. A corporation may at any time apply to the commissioner for a new or amended certificate of authority, removing, altering or adding limits on its business or methods of operation. The application shall contain or be accompanied by so much of the information in s. 611.13 (2) as the commissioner reasonably requires. The commissioner shall issue the new certificate as requested if he or she finds:

1. That the corporation’s capital and surplus are adequate to support the proposed operations under the new certificate; and

2. That the proposed business would not be contrary to the law or to the interests of insureds or the public.

(b) By commissioner. If the commissioner issues a summary order under s. 645.21 against a corporation, he or she may also revoke the corporation’s certificate and issue a new one with the limits the commissioner deems necessary.

(5) Domestic surplus lines insurance. The commissioner may issue to a domestic insurer a certificate of authority to do business in this state as a domestic surplus lines insurer, as defined in s. 618.40 (3m) .

History: 1971 c. 260 ; 1979 c. 102 ss. 96 , 236 (5) ; 1989 a. 303 ; 2017 a. 16 .