FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 180.11004 — WI Code / Chapter 180 / Section 180.11004
Reference to external facts.
Status: in_force

A plan may refer to facts ascertainable outside the plan if the manner in which the facts will operate upon the plan is specified in the plan. The facts may include the occurrence of an event or a determination or action by a person, whether or not the event, determination, or action is within the control of a party to the transaction.

History: 2021 a. 258 .
Wis. Stat. § 30.773 — WI Code / Chapter 30 / Section 30.773
Designated mooring areas.
Status: in_force

(1) Establishment of designated mooring areas. Subject to department approval, a municipality with jurisdiction over navigable waters may establish designated mooring areas as provided in this section.

(2) Procedures. A municipality authorized to establish a bulkhead line under s. 30.11 may establish a designated mooring area in the same manner as it is authorized to establish the bulkhead line except that if the municipality created a board of harbor commissioners, the municipality is required to obtain the approval of that board in addition to the approval of the department.

(3) Standards for approval. In addition to requiring compliance with standards and procedures under s. 30.11 and sub. (2) , the department shall grant an approval for the establishment of a designated mooring area only if:

(a) The designated mooring area is more than 150 feet from the ordinary high-water mark.

(b) The establishment and operation of the mooring area does not materially obstruct navigation.

(c) The establishment and operation of the mooring area is not detrimental to public rights or interest in the waterway.

(d) The mooring area is not within and does not adversely affect a critical or significant fish or wildlife habitat area.

(e) The establishment and operation of the mooring area complies with all applicable zoning requirements.

(f) The riparian owners agree in writing to the establishment of the mooring area and the area is to be used by the riparian owners or by others with the written consent of the riparian owners.

(g) Use of the mooring area is not unfairly restricted or used to assert exclusive privileges for use of the navigable waters.

(h) The mooring area is marked in a manner which notifies the public of the boundaries of the mooring area and assists in navigation near the mooring area. These markers shall be consistent with the uniform aids to navigation established under s. 30.74 (2) .

(4) Permits and regulations.

(a) Department permits under s. 30.772 (4) or department approval of municipal permits under s. 30.772 (3) (c) are not required for moorings placed within a designated mooring area.

(b) A municipality may regulate the placement and use of moorings within designated mooring areas in the manner provided under s. 30.772 (3) .

(5) Exception. The restrictions under this section do not apply to the fleeting of barges on the Mississippi River and its tributaries.

History: 1985 a. 243 .
Wis. Stat. § 440.311 — WI Code / Chapter 440 / Section 440.311
Use of title; penalty.
Status: in_force

(1) No person may use the title “behavior analyst” or represent or imply that he or she is a behavior analyst unless the person is licensed under this subchapter. This section may not be construed to restrict the practice of behavior analysis by a licensed professional who is not a behavior analyst, if the services performed are within the scope of the professional’s practice and are performed commensurate with the professional’s training and experience, and the professional does not represent that he or she is a behavior analyst.

(2) Any person who violates sub. (1) may be fined not more than $250, imprisoned not more than 3 months in the county jail, or both.

History: 2009 a. 282 .
Wis. Stat. § 823.075 — WI Code / Chapter 823 / Section 823.075
Actions against forestry operations.
Status: in_force

(1) In this section:

(a) “Department” means the department of natural resources.

(b) “Forest” means a parcel of land in which at least 80 percent of the parcel is producing or is capable of producing at least 20 cubic feet of merchantable timber, as defined in s. 77.81 (3) , per acre per year.

(c) “Forestry operation” means any activity related to the harvesting, reforestation, and other forest management activities, including thinning, pest control, fertilization, and wildlife management.

(d) “Generally accepted forestry management practices” means forestry management practices that promote sound management of a forest, as determined by the department by rule. The rule promulgated by the department may incorporate by reference the most recent version of the department’s publication known as Wisconsin Forest Management Guidelines and identified as publication number PUB-FR-226.

(2) A forestry operation is not a nuisance if the forestry operation alleged to be a nuisance conforms to generally accepted forestry management practices.

(3) A forestry operation that conforms to generally accepted forestry management practices is not a nuisance as a result of any of the following:

(a) A change in ownership or size of a forest.

(b) Cessation or interruption of forestry operations.

(c) Enrollment of all or part of the forest in governmental forestry or conservation programs.

(d) Adoption of new forestry technology.

(4) In any action in which a forestry operation is alleged to be a nuisance, if the party who was alleged to commit the nuisance prevails, the court may award that party the actual and necessary costs incurred in the action and, notwithstanding s. 814.04 (1) , reasonable attorney fees.

History: 2005 a. 79 .
Wis. Stat. § 23.095 — WI Code / Chapter 23 / Section 23.095
Protection of natural resources.
Status: in_force

(1) Definitions. In this section:

(a) “Damage” means to commit a physical act that unreasonably destroys, molests, defaces, removes or wastes.

(b) “Discharge” has the meaning given in s. 292.01 (3) .

(c) “Hazardous substance” has the meaning given in s. 285.01 (21) .

(1g) General prohibition. No person may damage or attempt to damage any natural resource within the state.

(1m) Prohibition on department land.

(a) No person may damage or attempt to damage any natural resource or any archaeological feature located on state-owned lands that are under the supervision, management and control of the department except as authorized by the department.

(b) Paragraph (a) does not apply to state-owned lands that are beds of navigable waters.

(2m) Prohibition on land in Kickapoo valley reserve. No person may damage or attempt to damage any natural resource or archaeological feature located in the Kickapoo valley reserve under s. 41.41 (2) .

(3) Penalties.

(a) Any person who violates sub. (1g) shall forfeit not more than $100.

(b) Except as provided in pars. (c) and (d) , any person who violates sub. (1m) or (2m) shall forfeit not more than $200.

(c) If a person violates sub. (1m) or (2m) and the violation involves damaging or attempting to damage a natural resource and the violation occurs on land in a state natural area, as defined in s. 23.27 (1) (h) , the person shall forfeit not more than $2,000.

(d)

1. Except as provided in subds. 2. and 3. , if a person violates sub. (1m) or (2m) and the violation involves damaging or attempting to damage an archaeological feature, the person shall forfeit not less than $100 nor more than $10,000.

2. Except as provided in subd. 3. , if a person violates sub. (1m) or (2m) and the violation involves intentionally damaging or intentionally attempting to damage an archaeological feature, the person shall be fined not more than $10,000 or imprisoned for not more than 9 months or both.

3. If a person violates sub. (2m) and the violation involves intentionally damaging or attempting to damage an archaeological feature in the pursuit of commercial gain, the person shall, in addition to the penalty imposed under subd. 2. , be fined an amount 2 times the gross value gained or the gross loss caused by the violation, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred.

(4) Exceptions.

(a) This section does not apply to any person upon whom liability is imposed under 42 USC 9607 (a) for injury to, destruction of or loss of natural resources within the state.

(b) If a natural resource or archaeological feature is damaged by the discharge of a hazardous substance, this section does not apply to the person who caused the discharge unless the person who caused the discharge did so with the intent to damage the natural resource or archaeological feature or to any other person who possesses or controls the hazardous substance subsequent to the discharge.

History: 1975 c. 365 ; 1995 a. 391 ; 1997 a. 35 , 194 .
Wis. Stat. § 904.02 — WI Code / Chapter 904 / Section 904.02
Relevant evidence generally admissible; irrelevant evidence inadmissible.
Status: in_force

All relevant evidence is admissible, except as otherwise provided by the constitutions of the United States and the state of Wisconsin, by statute, by these rules, or by other rules adopted by the supreme court. Evidence which is not relevant is not admissible.

History: Sup. Ct. Order, 59 Wis. 2d R1, R70 (1973).
Wis. Stat. § 254.39 — WI Code / Chapter 254 / Section 254.39
Exceptions.
Status: in_force

(1) Nothing in this subchapter may be interpreted as limiting intentional exposure of persons to radiation for the purpose of analysis, diagnosis, therapy, and medical, chiropractic or dental research as authorized by law.

(2) This subchapter does not apply to on-site activities of any nuclear reactor plant licensed by the U.S. nuclear regulatory commission.

History: 1977 c. 29 ; 1991 a. 178 ; 1993 a. 27 s. 233 ; Stats. 1993 s. 254.39; 1999 a. 9 .
Wis. Stat. § 83.18 — WI Code / Chapter 83 / Section 83.18
Entry on lands.
Status: in_force

For constructing or maintaining any highway by the county, the county highway committee or commissioner shall possess all of the powers to acquire and enter lands conferred upon town boards by s. 82.03 (2) and (5) .

History: 1985 a. 29 s. 3202 (56) ; 2003 a. 214 .
Wis. Stat. § 66.0513 — WI Code / Chapter 66 / Section 66.0513
Police, pay when acting outside county or municipality.
Status: in_force

(1) Any chief of police, sheriff, deputy sheriff, county traffic officer or other peace officer of any city, county, village or town, who is required by command of the governor, sheriff or other superior authority to maintain the peace, or who responds to the request of the authorities of another municipality, to perform police or peace duties outside territorial limits of the city, county, village or town where the officer is employed, is entitled to the same wage, salary, pension, worker’s compensation, and all other service rights for this service as for service rendered within the limits of the city, county, village or town where regularly employed.

(2) All wage and disability payments, pension and worker’s compensation claims, damage to equipment and clothing, and medical expense arising under sub. (1) , shall be paid by the city, county, village or town regularly employing the officer. Upon making the payment the city, county, village or town shall be reimbursed by the state, county or other political subdivision whose officer or agent commanded the services out of which the payments arose.

History: 1975 c. 147 s. 54 ; 1999 a. 150 s. 367 ; Stats. 1999 s. 66.0513.
Wis. Stat. § 846.06 — WI Code / Chapter 846 / Section 846.06
Sale in parcels.
Status: in_force

If in the cases mentioned in s. 846.05 the defendant shall not, before judgment, bring into court the amount so due with costs the court before rendering judgment shall ascertain by reference or otherwise the situation of the mortgaged premises and whether they can be sold in parcels without injury to the interests of the parties; and if it shall appear that they can be so sold the judgment shall direct a sale in parcels, specifying them, or so much thereof as will be sufficient to pay the amount due for principal, interests and costs; and such judgment shall remain as security for any subsequent default.

History: 1973 c. 189 ss. 7 , 20 ; Stats. 1973 s. 816.06; Sup. Ct. Order, 67 Wis. 2d 585, 768, 783 (1975); Stats. 1975 s. 846.06.
Wis. Stat. § 408.306 — WI Code / Chapter 408 / Section 408.306
Effect of guaranteeing signature, endorsement or instruction.
Status: in_force

(1) A person who guarantees a signature of an endorser of a security certificate warrants that at the time of signing:

(a) The signature was genuine;

(b) The signer was an appropriate person to endorse, or, if the signature is by an agent, the agent had actual authority to act on behalf of the appropriate person; and

(c) The signer had legal capacity to sign.

(2) A person who guarantees a signature of the originator of an instruction warrants that at the time of signing:

(a) The signature was genuine;

(b) The signer was an appropriate person to originate the instruction, or, if the signature is by an agent, the agent had actual authority to act on behalf of the appropriate person, if the person specified in the instruction as the registered owner was, in fact, the registered owner, as to which fact the signature guarantor does not make a warranty; and

(c) The signer had legal capacity to sign.

(3) A person who specially guarantees the signature of an originator of an instruction makes the warranties of a signature guarantor under sub. (2) and also warrants that at the time the instruction is presented to the issuer:

(a) The person specified in the instruction as the registered owner of the uncertificated security will be the registered owner; and

(b) The transfer of the uncertificated security requested in the instruction will be registered by the issuer free from all liens, security interests, restrictions and claims other than those specified in the instruction.

(4) A guarantor under subs. (1) and (2) or a special guarantor under sub. (3) does not otherwise warrant the rightfulness of the transfer.

(5) A person who guarantees an endorsement of a security certificate makes the warranties of a signature guarantor under sub. (1) and also warrants the rightfulness of the transfer in all respects.

(6) A person who guarantees an instruction requesting the transfer of an uncertificated security makes the warranties of a special signature guarantor under sub. (3) and also warrants the rightfulness of the transfer in all respects.

(7) An issuer may not require a special guaranty of signature, a guaranty of endorsement or a guaranty of instruction as a condition to registration of transfer.

(8) The warranties under this section are made to a person taking or dealing with the security in reliance on the guaranty, and the guarantor is liable to the person for loss resulting from their breach. An endorser or originator of an instruction whose signature, endorsement or instruction has been guaranteed is liable to a guarantor for any loss suffered by the guarantor as a result of breach of the warranties of the guarantor.

History: 1997 a. 297 .
Wis. Stat. § 115.47 — WI Code / Chapter 115 / Section 115.47
Designated state official under agreement.
Status: in_force

The “designated state official” for this state under s. 115.46 shall be the state superintendent.

History: 1995 a. 27 s. 9145 ; 1997 a. 27 .
Wis. Stat. § 85.028 — WI Code / Chapter 85 / Section 85.028
Milwaukee east-west transportation corridor.
Status: in_force

Upon implementation of a funding source to provide local funds for a Milwaukee east-west transportation corridor project, local units of government that will be affected by such a project shall reimburse the transportation fund for 50 percent of the nonfederal share of preliminary engineering costs relating to a Milwaukee east-west transportation corridor project.

History: 1993 a. 437 ss. 180 , 267 , 268 ; 1999 a. 85 .
Wis. Stat. § 815.19 — WI Code / Chapter 815 / Section 815.19
Levy on personal property; appraisal.
Status: in_force

(1) Personal property shall be bound from the time it is seized. Whenever personal property is seized on attachment or execution and any part of the property is exempt therefrom and the exemption is claimed by the debtor or the debtor’s spouse, the officer making the seizure shall, upon request by either of them, or may upon the officer’s motion, cause the exempt property to be appraised by 2 disinterested freeholders of the county, who shall first be sworn by the officer to make a true appraisement thereof, which appraisement shall be in writing, be signed by the appraisers and be prima facie evidence of the value of the property appraised. The appraisement, together with the true inventory of all the property seized, shall be returned with the writ. The fees of the appraisers are prescribed in s. 814.72 .

(2) If the property seized is an automobile which is appraised and can be sold for more than $1,000 or if the property seized is a tractor used in farming operations which is appraised and can be sold for more than $1,500, the officer may sell such automobile or tractor and out of the proceeds of such sale the officer shall pay to the debtor or the debtor’s spouse the exempted value of such automobile or tractor. The balance of the proceeds of such sale shall be applied on the execution or attachment.

History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); 1975 c. 94 s. 91 (3) ; 1975 c. 199 ; Stats. 1975 s. 815.19; 1979 c. 355 ; 1981 c. 317 ; 1983 a. 186 .
Wis. Stat. § 46.288 — WI Code / Chapter 46 / Section 46.288
Rule-making.
Status: in_force

The department shall promulgate as rules all of the following:

(1) Standards for performance by resource centers and for certification of care management organizations, including requirements for maintaining quality assurance and quality improvement.

(2) Criteria and procedures for determining functional eligibility under s. 46.286 (1) (a) , financial eligibility under s. 46.286 (1) (b) , and cost sharing under s. 46.286 (2) (a) .

(3) Procedures and standards for procedures for s. 46.287 (2) , including time frames for action by a resource center or a care management organization on a contested matter.

History: 1999 a. 9 ; 2007 a. 20 ; 2009 a. 28 ; 2019 a. 9 .
Wis. Stat. § 905.15 — WI Code / Chapter 905 / Section 905.15
Privilege in use of federal tax return information.
Status: in_force

(1) An employee of the department of health services, the department of children and families or a county department under s. 46.215 , 46.22 or 46.23 or a member of a governing body of a federally recognized American Indian tribe who is authorized by federal law to have access to or awareness of the federal tax return information of another in the performance of duties under s. 49.19 or 49.45 or 7 USC 2011 to 2049 may claim privilege to refuse to disclose the information and the source or method by which he or she received or otherwise became aware of the information.

(2) An employee or member specified in sub. (1) may not waive the right to privilege under sub. (1) or disclose federal tax return information or the source of that information except as provided by federal law.

History: 1989 a. 31 ; 1995 a. 27 ss. 7225 , 9126 (19) , 9130 (4) ; 1997 a. 3 ; 2007 a. 20 s. 3779 , 9121 (6) (a) .
Wis. Stat. § 48.426 — WI Code / Chapter 48 / Section 48.426
Standard and factors.
Status: in_force

(1) Court considerations. In making a decision about the appropriate disposition under s. 48.427 , the court shall consider the standard and factors enumerated in this section and any report submitted by an agency under s. 48.425 .

(2) Standard. The best interests of the child shall be the prevailing factor considered by the court in determining the disposition of all proceedings under this subchapter.

(3) Factors. In considering the best interests of the child under this section the court shall consider but not be limited to the following:

(a) The likelihood of the child’s adoption after termination.

(b) The age and health of the child, both at the time of the disposition and, if applicable, at the time the child was removed from the home.

(c) Whether the child has substantial relationships with the parent or other family members, and whether it would be harmful to the child to sever these relationships.

(d) The wishes of the child.

(e) The duration of the separation of the parent from the child.

(f) Whether the child will be able to enter into a more stable and permanent family relationship as a result of the termination, taking into account the conditions of the child’s current placement, the likelihood of future placements and the results of prior placements.

History: 1979 c. 330 .
Wis. Stat. § 975.001 — WI Code / Chapter 975 / Section 975.001
Definition.
Status: in_force

In this chapter, “department” means the department of health services.

History: 1989 a. 31 ; 1995 a. 27 s. 9126 (19) ; 2007 a. 20 s. 9121 (6) (a) .
Wis. Stat. § 177.1104 — WI Code / Chapter 177 / Section 177.1104
Penalties.
Status: in_force

The provisions of ss. 177.1204 and 177.12045 (1) shall apply to an amount due as determined and assessed under this chapter.

History: 2021 a. 87 ; 2025 a. 112 .
Wis. Stat. § 41.60 — WI Code / Chapter 41 / Section 41.60
Arts incubator grants and loans.
Status: in_force

(1) In this section:

(a) “Arts incubator” means a facility that provides nonprofit arts organizations or individual professional artists with shared support services and with office, storage, studio, gallery, performance or other work or living space at a lower rent than the market rate in the community.

(b) “Nonprofit arts organization” means a corporation organized under ch. 181 , that is a nonprofit corporation as defined in s. 181.0103 (17) , for the purpose of furthering the arts.

(c) “Nonprofit business development organization” means a housing and community development authority created under s. 66.1335 (1) , redevelopment corporation, as defined in s. 66.1301 (3) (s) , redevelopment authority created under s. 66.1333 (3) , community development corporation, as defined in s. 234.94 (2) , or any nonprofit organization whose primary purpose is to promote the economic development of a particular area or region in the state.

(2) The board may award a grant not exceeding $5,000 to a nonprofit business development organization or a nonprofit arts organization to fund a feasibility study of the need for and the initial design of an arts incubator in a particular region of this state.

(3) The board may award a grant or loan not exceeding $50,000 to a nonprofit business development organization or nonprofit arts organization to fund the initial development and operation of a proposed arts incubator, including equipment purchases, building acquisition and rehabilitation and staff costs, after considering all of the following:

(a) The qualifications of the proposed arts incubator’s management and staff.

(b) The availability and cost of office, storage, studio, gallery, performance or other work or living space in the community.

(c) The support and involvement of local businesses, the local financial community, local governmental units and the local arts community.

(d) The cost-effectiveness of the arts incubator.

(e) The effect of the arts incubator on the local economy and the community in which it is located.

(f) The financial viability of the proposed arts incubator.

(4) At the request of the board, the department of tourism shall assist the board in evaluating proposed projects under this section.

History: 1989 a. 31 ; 1995 a. 27 , 225 ; 1997 a. 79 ; 1999 a. 150 s. 672 ; 2001 a. 30 s. 108 ; 2011 a. 32 s. 1229 ; Stats. 2011 s. 41.60.