FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 23.114 — WI Code / Chapter 23 / Section 23.114
Duties of the chief state forester.
Status: in_force

(1)

(a) In this section, “state forest land” means all forested lands owned by this state and under the jurisdiction of the department.

(b) Except as provided in par. (c) , the chief state forester may declare, and shall manage, emergencies that threaten state forest lands. The department shall promulgate rules specifying those emergencies over which the chief state forester shall have management responsibility. The emergencies specified in the rules shall include invasive species or pest infestation, disease, and damage to timber from fire, snow, hail, ice, or wind.

(c) Paragraph (b) does not apply to a state of emergency declared by the governor under s. 323.10 and does not supersede the authority of the department of agriculture, trade and consumer protection under ch. 94 .

(2) The chief state forester shall report directly to the secretary of the department.

History: 2005 a. 166 ; 2009 a. 42 .
Wis. Stat. § 778.16 — WI Code / Chapter 778 / Section 778.16
Neglect of duty.
Status: in_force

The treasurer of any town, village or city who neglects or refuses to perform any of the duties required by this chapter shall, upon conviction, be punished by imprisonment in the county jail not less than 3 nor more than 6 months or by fine not less than $50 nor more than $300, or both. The county treasurer shall forthwith bring an action upon the bond of such treasurer, against the treasurer and sureties, for the recovery of any moneys which he or she has neglected or refused to pay over as required by this chapter.

History: 1979 c. 32 s. 56 ; 1979 c. 176 , 355 ; Stats. 1979 s. 778.16.
Wis. Stat. § 806.08 — WI Code / Chapter 806 / Section 806.08
Stay of proceedings to enforce a judgment.
Status: in_force

(1) Unless otherwise ordered by the court, an interlocutory or final judgment in an action for an injunction or in a receivership action shall not be stayed during the period after its entry and until an appeal is taken or during the pendency of an appeal. Subsection (3) governs the suspending, modifying, restoring, or granting of an injunction during the pendency of an appeal.

(2) In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay the execution of or any proceedings to enforce a judgment pending the disposition of a motion for a new trial, or to alter or amend a judgment, or of a motion for relief from a judgment or order.

(3) When an appeal is taken from an interlocutory or final judgment or appealable order granting, dissolving or denying an injunction, the court in its discretion may suspend, modify, restore, or grant an injunction during the pendency of the appeal upon such terms as to bond or otherwise as it considers proper for the security of the rights of the adverse party.

(4) When an appeal is taken, the appellant may obtain a stay in accordance with s. 808.07 .

(5) This section does not limit any power of an appellate court or of a judge or justice thereof to stay proceedings during the pendency of an appeal or to suspend, modify, restore, or grant an injunction during the pendency of an appeal or to make any order appropriate to preserve the existing state of affairs or the effectiveness of the judgment subsequently to be entered.

(6) When a court has rendered a final judgment under the conditions stated in s. 806.01 (2) , the court may stay enforcement of that judgment until the entering of a subsequent judgment or judgments and may prescribe such conditions as are necessary to secure the benefit thereof to the party in whose favor the judgment is entered.

History: Sup. Ct. Order, 67 Wis. 2d 585, 726 (1975); Sup. Ct. Order, 67 Wis. 2d vii (1975); 1977 c. 187 s. 135 ; 1979 c. 110 s. 60 (9) .
Wis. Stat. § 969.09 — WI Code / Chapter 969 / Section 969.09
Conditions of bond.
Status: in_force

(1) If a defendant is admitted to bail before sentencing the conditions of the bond shall include, without limitation, the requirements that the defendant will appear in the court having jurisdiction on a day certain and thereafter as ordered until discharged on final order of the court and that the defendant will submit to the orders and process of the court.

(2) If the defendant is admitted to bail upon appeal, the conditions of the bond shall be that the defendant will duly prosecute the defendant’s appeal, that the defendant will appear at such time and place as the court directs, and that if the judgment is affirmed or reversed and remanded for a new trial or further proceedings upon notice after remittitur, the defendant will surrender to the sheriff of the county in which the defendant was tried.

(3) A defendant shall receive a copy of the bond which the defendant executes pursuant to this chapter.

History: 1993 a. 486 ; 1995 a. 225 .
Wis. Stat. § 349.04 — WI Code / Chapter 349 / Section 349.04
Truck driver education surcharges.
Status: in_force

(1) If a court imposes a fine or forfeiture for a violation of a provision of chs. 346 to 348 or a rule issued under chs. 346 to 348 and the violation involved a commercial motor vehicle, the court shall impose under ch. 814 a truck driver education surcharge of $8.

(2) If a fine or forfeiture is suspended in whole or in part, the truck driver education surcharge shall be reduced in proportion to the suspension.

(3) 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 truck driver education surcharge under this section. If the deposit is forfeited, the amount of the truck driver education surcharge shall be transmitted to the secretary of administration under sub. (4) . If the deposit is returned, the amount of the truck driver education surcharge shall also be returned.

(4) The clerk of the circuit court shall collect and transmit to the county treasurer the truck driver education surcharge as required under s. 59.40 (2) (m) . The county treasurer shall then pay the secretary of administration as provided in s. 59.25 (3) (f) 2. The secretary of administration shall deposit all amounts received under this subsection in the general fund to be credited to the appropriation account under s. 20.292 (1) (hm) .

(5) This section first applies to fines and forfeitures imposed on the first day of the first month beginning after the director of the technical college system notifies the director of state courts under 2001 Wisconsin Act 16 , section 9148 (1f) that the truck driver training center at Waukesha County Technical College is scheduled to open.

History: 2001 a. 16 ; 2003 a. 33 , 139 , 326 .
Wis. Stat. § 767.375 — WI Code / Chapter 767 / Section 767.375
Effect on transfers at death.
Status: in_force

(1) Revocation of death provisions in marital property agreement. Unless the judgment provides otherwise, a judgment of annulment, divorce or legal separation revokes a provision in a marital property agreement under s. 766.58 that provides for any of the following:

(a) That, upon the death of either spouse, any of either or both spouses’ property, including after-acquired property, passes without probate to a designated person, trust or other entity by nontestamentary disposition.

(b) That one or both spouses will make a particular disposition in a will or other governing instrument, as defined in s. 854.01 (2) .

(2) Revocation of revocable transfers at death. Unless sub. (1) applies, revocation of revocable transfers at death by a former spouse to the other former spouse, or to relatives of the other former spouse, under an instrument executed before the judgment of annulment, divorce or legal separation is governed by s. 854.15 .

History: 1991 a. 301 ; 1997 a. 188 ; 2005 a. 216 ; 2005 a. 443 s. 119 ; Stats. 2005 s. 767.375.
Wis. Stat. § 409.409 — WI Code / Chapter 409 / Section 409.409
Restrictions on assignment of letter-of-credit rights ineffective.
Status: in_force

(1) Term or law restricting assignment generally ineffective. A term in a letter of credit or a rule of law, statute, rule, custom, or practice applicable to the letter of credit which prohibits, restricts, or requires the consent of an applicant, issuer, or nominated person to a beneficiary’s assignment of or creation of a security interest in a letter-of-credit right is ineffective to the extent that the term or rule of law, statute, rule, custom, or practice:

(a) Would impair the creation, attachment, or perfection of a security interest in the letter-of-credit right; or

(b) Provides that the assignment or the creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the letter-of-credit right.

(2) Limitation on ineffectiveness under sub. (1). To the extent that a term in a letter of credit is ineffective under sub. (1) but would be effective under law other than this chapter or a custom or practice applicable to the letter of credit, to the transfer of a right to draw or otherwise demand performance under the letter of credit, or to the assignment of a right to proceeds of the letter of credit, the creation, attachment, or perfection of a security interest in the letter-of-credit right:

(a) Is not enforceable against the applicant, issuer, nominated person, or transferee beneficiary;

(b) Imposes no duties or obligations on the applicant, issuer, nominated person, or transferee beneficiary; and

(c) Does not require the applicant, issuer, nominated person, or transferee beneficiary to recognize the security interest, pay or render performance to the secured party, or accept payment or other performance from the secured party.

History: 2001 a. 10 .
Wis. Stat. § 196.5045 — WI Code / Chapter 196 / Section 196.5045
Telecommuter Forward! certification.
Status: in_force

(1) In this section, “political subdivision” means a city, village, town, or county.

(2) A political subdivision may apply to the commission for certification as a Telecommuter Forward! community. The commission shall prescribe the form and manner for making an application and a process for public notice and comment on an application. The commission shall approve an application and certify a political subdivision as a Telecommuter Forward! community if the commission determines that the political subdivision has adopted a resolution that complies with sub. (3) . Before approving an application, the commission shall consider any public comments made regarding the application.

(3) A political subdivision may not be certified as a Telecommuter Forward! community under sub. (2) unless the political subdivision adopts a resolution that does all of the following:

(a) States the political subdivision’s support and commitment to promote the availability of telecommuting options.

(b) Provides for a single point of contact for coordinating telecommuting opportunities that has all of the following responsibilities:

1. Coordination and partnership with broadband providers, realtors, economic development professionals, employers, employees, and other telecommuting stakeholders.

2. Collaboration with broadband providers and employers to identify, develop, and market telecommuter-capable broadband packages.

3. Communication and partnership with broadband providers and economic development professionals to develop common goals.

4. Promotion of telecommuter-friendly workspaces, such as business incubators with telecommuting spaces, if such a workspace has been established in the political subdivision at the time the political subdivision adopts the resolution.

5. Familiarity with broadband mapping tools and other state-level resources.

6. Maintaining regular communication with the state broadband office.

7. Making regular reports to the governing body of the political subdivision.

History: 2017 a. 342 .
Wis. Stat. § 322.026 — WI Code / Chapter 322 / Section 322.026
Article 26 — Military judge of a general or special court-martial.
Status: in_force

(1) A military judge shall be detailed to each general and special court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed.

(2) A military judge shall meet all of the following qualifications:

(a) Be a commissioned officer of the armed forces of the United States or of a component thereof or a commissioned officer of an organized state military force.

(b) Be an attorney licensed to practice in this state or be a member of the bar of a federal court for at least 5 years.

(c) Be certified as qualified for duty as a military judge by the senior force judge advocate of the same force as the accused.

(3) In the instance when a military judge is not an attorney licensed to practice in this state, the military judge shall be deemed admitted on motion, subject to filing a certificate with the senior force judge advocate of the same force as the accused setting forth the qualifications provided in sub. (2) .

(4) The military judge of a general or special court-martial shall be designated by the state senior force judge advocate of the same force as the accused if possible, or otherwise by the senior of the senior force judge advocates, or a designee, for detail by the convening authority. Neither the convening authority nor any staff member of the convening authority shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to performance of duty as a military judge.

(5) No person is eligible to act as military judge in a case if that person is the accuser or a witness, or has acted as investigating officer, trial counsel, or defense counsel in the same case.

(6) The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel nor vote with the members of the court.

History: 2007 a. 200 ; 2009 a. 179 ; 2013 a. 201 .
Wis. Stat. § 48.233 — WI Code / Chapter 48 / Section 48.233
Five-county pilot program.
Status: in_force

(1) No later than July 1, 2018, the state public defender shall establish a pilot program in Brown, Outagamie, Racine, Kenosha, and Winnebago counties to provide counsel to any nonpetitioning parent after a petition has been filed under s. 48.255 in a proceeding under s. 48.13 .

(2) This section does not apply to a proceeding commenced after June 2025 under s. 48.13 .

(3) The state public defender may promulgate rules necessary to implement the pilot program established under sub. (1) . The state public defender may promulgate the rules under this subsection as emergency rules under s. 227.24 . Notwithstanding s. 227.24 (1) (a) and (3) , the state public defender is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2) , emergency rules promulgated under this subsection remain in effect until four years after June 30, 2021.

(4) By January 1, 2025, the department and the state public defender shall each submit a report to the joint committee on finance, and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3) , regarding costs and data from implementing the pilot program under sub. (1) .

History: 2017 a. 253 ; 2021 a. 58 ; 2023 a. 19 .
Wis. Stat. § 100.285 — WI Code / Chapter 100 / Section 100.285
Reduction of toxics in packaging.
Status: in_force

(1) Definition. In this section, “packaging component” means any individual assembled part of a package, including any interior or exterior blocking, bracing, cushioning, weatherproofing, coating, closure, ink or label.

(2) Restriction. Except as provided in sub. (3) , a manufacturer or distributor may not sell a package, packaging material or packaging component with a total concentration of lead, cadmium, mercury plus hexavalent chromium that exceeds:

(a) Beginning on June 1, 1992, 600 parts per million.

(b) Beginning on June 1, 1993, 250 parts per million.

(c) Beginning on June 1, 1994, 100 parts per million.

(3) Exceptions.

(a) Before June 1, 1996, sub. (2) does not apply with respect to a package, packaging material or packaging component made from recycled materials.

(b) Subsection (2) does not apply with respect to a package, packaging material or packaging component if a higher total concentration of lead, cadmium, mercury plus hexavalent chromium is necessary to meet federal health or safety requirements.

(c) Subsection (2) does not apply with respect to a package, packaging material or packaging component for which there is no feasible alternative that satisfies the limitations in sub. (2) .

(d) Subsection (2) does not apply with respect to lead foil purchased and used on or before December 31, 1992, to wrap the opening of a bottle that contains intoxicating liquor, as defined in s. 125.02 (8) , or to any package that contains intoxicating liquor, as defined in s. 125.02 (8) , if the package was filled and sealed on or before December 31, 1992.

(5) No penalty. A person who violates sub. (2) is not subject to a penalty.

(6) Report. The department shall review the effectiveness of subs. (1) to (5) and shall report the results of the review, including a recommendation of whether enforcement provisions and penalties should be instituted, on or before June 1, 1993, to the governor and to the chief clerk of each house of the legislature for distribution under s. 13.172 (2) .

History: 1989 a. 335 ; 1991 a. 36 .
Wis. Stat. § 86.315 — WI Code / Chapter 86 / Section 86.315
County forest road aids.
Status: in_force

(1) From the appropriation under s. 20.395 (1) (fu) , the department shall annually, on March 10, pay to counties having county forests established under ch. 28 , for the improvement of public roads within the county forests which are open and used for travel and which are not state or county trunk highways or town roads and for which no aids are paid under s. 86.30 , the amount of $351 per mile of road designated in the comprehensive county forest land use plan as approved by the county board and the department of natural resources. If the amount appropriated under s. 20.395 (1) (fu) is insufficient to make the payments required under this subsection, the department shall prorate the amount appropriated in the manner it considers desirable.

(2) The amounts allotted under this section shall be paid into the county forest road fund and shall be administered by the committee designated to administer the county forest program for the maintenance, brush control, snow plowing and rebuilding of the roads.

(3) County forest roads must meet the minimum design standards under s. 82.50 (1) (a) 2. and 3. in order to qualify for aids under this section.

(4)

(a) Except as provided in par. (b) , the committee designated to administer the county forest program shall, not later than September 15 of every odd-numbered year, file with the department and the county clerk a certified plat of the county forests showing the roads to be open and used for travel as of the succeeding January 1. The certified plat shall show the mileage of the roads for use by the department in making computations of road aids under this section.

(b) The committee designated to administer the county forest program need not file a certified plat under par. (a) if the county has not added or deleted public road mileage within the county forests as specified in sub. (1) since the committee last filed a certified plat under par. (a) .

History: 1987 a. 137 ; 1989 a. 31 ; 1995 a. 113 ; 1997 a. 27 ; 2003 a. 214 ; 2019 a. 9 .
Wis. Stat. § 139.322 — WI Code / Chapter 139 / Section 139.322
Security.
Status: in_force

(1) The secretary may require any person who has not paid the tax under s. 139.31 (1) or who has failed timely to file a report for that tax to place with the department security in the amount that the secretary determines. That security may be a surety bond that is payable to this state and that is in the form prescribed by the secretary.

(2) The secretary may refuse to issue a permit to, and may revoke the permit of, any person who is required to place security with the department under sub. (1) and fails to do so.

(3) The department may not pay interest on security placed with the department under sub. (1) .

(4) After giving 10 days’ notice, the secretary may recover any tax, interest, penalties and other charges due the department from the security of any person who is delinquent under this subchapter.

History: 1993 a. 16 .
Wis. Stat. § 250.21 — WI Code / Chapter 250 / Section 250.21
Workplace wellness program grants.
Status: in_force

(1) Definitions. In this section:

(a) “Health risk assessment” means a computer-based health-promotion tool consisting of a questionnaire; a biometric health screening to measure vital health statistics, including blood pressure, cholesterol, glucose, weight, and height; a formula for estimating health risks; an advice database; and a means to generate reports.

(b) “Small business” means a business that has 50 or fewer employees.

(c) “Workplace wellness program” means a health or fitness program that includes health risk assessments and one or more of the following programs or services:

1. Chronic disease prevention.

2. Weight management.

3. Stress management.

4. Worker injury prevention programs.

5. Health screenings.

6. Nutrition education.

7. Health or fitness incentive programs.

8. Vaccinations.

9. Employee physical examinations.

(2) Workplace wellness program grants. Subject to the limitations provided under sub. (3) and after the department’s approval of the application, from the appropriation account under s. 20.435 (1) (bn) , the department shall award a grant to each applicant who provides a workplace wellness program to any of the applicant’s employees who are employed at a small business in this state in an amount not to exceed 30 percent of the amount that the applicant paid during the year to provide such a program, not including any amount paid to acquire, construct, rehabilitate, remodel, or repair real property.

(3) Limitations. The maximum amount of the grants that may be awarded to all applicants in any fiscal year is $3,000,000. No applicant may be awarded a grant under this section for a workplace wellness program in existence before March 15, 2014. No applicant may be awarded more than one grant under this section. No grants may be awarded under this section after December 31, 2018.

(4) Administration. A person wishing to receive a grant under this section shall apply for a grant in the manner prescribed by the department. An applicant shall include with the application an itemized list of the applicant’s expenditures for providing a workplace wellness program. The department shall promulgate rules to administer this section.

History: 2013 a. 137 .