FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 194.407 — WI Code / Chapter 194 / Section 194.407
Unified carrier registration system.
Status: in_force

(1) The department may participate in and do all things necessary to implement and administer a unified carrier registration system for motor carriers, including private motor carriers, in accordance with 49 USC 13908 and 14504a . The department may, consistent with federal law, establish by rule an annual fee under this section for a motor vehicle that is operated in this state and that is subject to the unified carrier registration system.

(3) The department may use the emergency rules procedure under s. 227.24 to promulgate rules establishing the annual fee specified in sub. (1) . Notwithstanding s. 227.24 (1) (c) and (2) , these emergency rules may remain in effect until a subsequent rule is promulgated under this subsection or until the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3) , the department 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.

History: 2007 a. 20 ; 2011 a. 262 .
Wis. Stat. § 90.13 — WI Code / Chapter 90 / Section 90.13
Partition fence on newly enclosed land.
Status: in_force

(1) When any previously unenclosed land is enclosed, the owner or occupant of the newly enclosed land shall pay for 50 percent of each partition fence standing upon the line between that owner’s or occupant’s land and the enclosure of any other owner or occupant, unless the line has been previously divided. If the line has been previously divided, the owner or occupant of the newly enclosed land shall pay the value of the fence on the part of the line previously assigned to that owner or occupant. In either case, the value of the fence at the time shall be ascertained on the application of either adjoining owner or occupant as provided in s. 90.11 , if the parties do not agree.

(2) If the responsible owner or occupant fails to pay the value for 60 days after the value has been ascertained and demand made, the proprietor of the fence may recover the value with the fence viewers’ fees and costs.

History: 1991 a. 316 ; 1997 a. 253 .
Wis. Stat. § 812.19 — WI Code / Chapter 812 / Section 812.19
Nonliability as garnishee; judgment when rendered.
Status: in_force

(1) No person shall be liable as garnishee:

(a) By reason of his having drawn, accepted, made, endorsed or guaranteed any negotiable instrument; or

(b) By reason of anything received or collected by that person by execution or other process; or

(c) By reason of any money in his hands as a public officer; or

(d) By reason of anything owing by that person upon a contingency.

(4) If a garnishee is a financial institution, as defined in s. 214.01 (1) (jn) , in possession of, or obligated with respect to, property subject to garnishment, the financial institution is liable to the creditor for the property in its possession, in an amount up to the garnishable amount in the account or accounts, as of the time the financial institution is first reasonably able to put the garnishment into effect, but no later than the end of the 2nd business day after the business day on which the garnishee summons and complaint is received by the financial institution. Any property that leaves the possession of the financial institution within that time frame, but before the financial institution is able to put the garnishment into effect, shall not be subject to the garnishment and the financial institution shall have no responsibility to attempt to secure the return of such property and no liability to the creditor for such property.

(5) Property in a safe deposit box in any bank or safe deposit company is not property in the possession or control of such bank or safe deposit company within the meaning of this subchapter.

(6) A debt owing by the owner of property subject to a construction lien, pursuant to s. 779.01 , shall not be deemed absolutely due until the claims of subcontractors and employees under s. 779.01 have matured or expired.

(7) Except as provided in this section, judgment may be given for anything owing, although it has not become due in which case the garnishee shall not be required to pay or deliver it before the time appointed by the contract.

History: Sup. Ct. Order, 67 Wis. 2d 585, 759 (1975); 1975 c. 198 ; Stats. 1975 s. 812.19; 1979 c. 32 s. 92 (9) ; 1993 a. 80 , 213 , 490 ; 2019 a. 65 .
Wis. Stat. § 31.18 — WI Code / Chapter 31 / Section 31.18
Obligations of owners of bridges and dams.
Status: in_force

(1) The grantee of any permit, the owner of any dam constructed before permits were required by law, and the owner of any bridge at the city of Portage or at any point above that city, over the Wisconsin River, shall maintain and operate all such dams, slides, chutes, piers, booms, guide booms, weirs, tunnels, races, flumes, sluices, pits, fishways, locks, boat hoists, marine railways and all other equipment required by the department for the protection of public rights in such waters, and for the preservation of life, health and property, in good repair and condition, and shall not willfully, or otherwise, injure, remove or destroy the same, or any part thereof, unless the department shall have approved such removal or destruction in writing. In the event of emergency the department shall have power, pending investigation and hearing, to order the repair of any dam without notice and hearing.

(2) The owner of any such dam shall open such slide or chute for the passage of any craft or material lawfully navigating the stream, whenever requested so to do by the person in charge of such navigation, without charge or toll therefor. But such owner shall be under no obligation to otherwise aid passage through the slide or chute.

(3) Except when emergency shall require the same for the protection of life, health or property, no substantial alteration or addition shall be made to any dam heretofore or hereafter constructed without obtaining an order therefor from the department, which order may be issued only after an investigation and upon a finding that the proposed alterations or additions will not impair the sufficiency of such dam or any existing public rights in such waters.

(4) The department shall in the interest of public rights in navigable waters, or to promote safety and protect life, health and property, require the grantee of any permit, under this chapter, or of any permit or authorization heretofore provided for by legislative enactment, prior to flowing any lands by the construction of a dam thereunder, to remove from such lands all or any portion of the standing and fallen timber and all or any portion of the brush. Provided that in cases where the application for permit proposes construction of a dam for water reservoir or water storage purposes, and not for the purpose of operating a hydroelectric generating plant, the nature, extent and time for such removal shall be determined prior to the granting of a permit, except that subsequent to the granting of a permit the department may make such modification in the removal requirements as may be in the public interest and which will not materially alter the economics of the project; and in making such original determination or any modification thereof the economic need for the project shall be considered.
Wis. Stat. § 88.90 — WI Code / Chapter 88 / Section 88.90
Removal of obstructions from natural watercourses.
Status: in_force

(1) Whenever any natural watercourse becomes obstructed so that the natural flow of water along the same is retarded by the negligent action of the owner, occupant or person in charge of the land on which the obstruction is located, the owner or occupant of any lands damaged by such obstruction may request the removal thereof by giving notice in writing to such owner, occupant or person in charge of the land on which the obstruction is located.

(2) If the obstruction is not removed within 6 days after receipt of such notice and if the obstruction is located in a village or town, the owner or occupant of the damaged lands may make complaint to the village or town board, filing at the same time a copy of the notice. The village trustees or town supervisors, after viewing the watercourse and upon being satisfied that the complaint is just, shall make recommendations in writing to the owner or occupant of the lands where the obstruction is located, for the removal of such obstruction. If such recommendations are not followed within a reasonable time, the village or town board shall order the obstruction removed. The cost of view and of removal shall be charged and assessed against the lands from which the obstruction was removed and shall be collected as other special assessments are collected.

(3) Whenever any natural watercourse becomes obstructed through natural causes, the owner or occupant of any lands damaged by the effect which the obstruction has upon the flow of the water may go upon the land where the obstruction is located and remove it at that person’s own expense. Such person is not guilty of trespass for entry upon the land but is liable for damage caused to crops or structures. The rights and privileges conferred by this subsection also extend to the agents or employees of the person causing the obstruction to be removed.

(4) This section does not in any manner limit the scope of s. 88.87 .

History: 1991 a. 316 ; 1995 a. 315 .
Wis. Stat. § 119.42 — WI Code / Chapter 119 / Section 119.42
Teacher tenure.
Status: in_force

(1) In this section, “teacher” has the meaning given under s. 40.02 (55) , but excludes the superintendent of schools, deputy superintendent of schools, associate superintendent of schools, executive assistant to the superintendent of schools, assistant to the superintendent of schools, assistant superintendent, division director and department director.

(1m) The appointment of a teacher in a 1st class city school district shall be probationary. After successful probation by completing 3 years of continuous service, the appointment shall be permanent during efficiency and good behavior. A teacher who has a permanent appointment shall not be discharged, except for cause upon written charges. After 10 days’ written notice to the teacher of the charges and upon the teacher’s written request, the charges shall be investigated, heard and determined by the board. The action of the board on the matter shall be final.

(2) Any teacher employed in a public school in territory annexed to the city, who at the time of the annexation possesses the qualifications required by law and by the rules of the board for probationary or permanent appointment to a teaching position in the city, shall have the status of a regularly appointed teacher in the schools of the city and shall be entitled to all the rights and privileges of regularly appointed teachers in the city. Time spent in teaching in the annexed territory prior to annexation shall be credited to each such teacher as time spent in teaching in the city.

(3) This section does not apply after December 21, 1995. Any person whose employment is permanent under this section on December 21, 1995, shall retain all of the rights and privileges of such permanent employment after that date.

History: 1981 c. 96 s. 67 ; 1985 a. 225 ; 1989 a. 4 ; 1991 a. 39 ; 1993 a. 58 ; 1995 a. 111 .
Wis. Stat. § 169.24 — WI Code / Chapter 169 / Section 169.24
Rehabilitation license.
Status: in_force

(1) Issuance. The department shall issue a rehabilitation license to rehabilitate wild animals to any individual who is at least 18 years of age, who meets the qualifications under rules promulgated under sub. (2) , and who files a proper application.

(2) Qualifications; rules. The department shall promulgate rules to establish the qualifications required to obtain a rehabilitation license, the types of activities authorized by a rehabilitation license and the standards, limitations, and requirements for rehabilitation licenses. The department may promulgate rules to establish standards for exempting an individual from any of these rules or from any provisions under this chapter.

History: 2001 a. 56 .
Wis. Stat. § 779.46 — WI Code / Chapter 779 / Section 779.46
Jeweler’s lien.
Status: in_force

Every jeweler, watchmaker or silversmith who shall do any work on any article at the request of the owner or legal possessor of such property, shall have a lien upon and may retain the possession of such article until the charges for alteration, repair or other work have been paid.

History: 1979 c. 32 s. 57 ; Stats. 1979 s. 779.46.
Wis. Stat. § 943.87 — WI Code / Chapter 943 / Section 943.87
Robbery of a financial institution.
Status: in_force

Whoever by use of force or threat to use imminent force, or by creating circumstances that would cause a reasonable person to believe use of force was imminent, takes from an individual or in the presence of an individual money or property that is owned by or under the custody or control of a financial institution is guilty of Class C felony.

History: 2005 a. 212 ; 2023 a. 133 .
Wis. Stat. § 321.68 — WI Code / Chapter 321 / Section 321.68
Continuation of payment.
Status: in_force

(1) In this section, “injury” means a mental or physical harm.

(2) The department of administration shall administer this section in the same manner it administers s. 230.36 .

(3)

(a) If a member of the national guard or state defense force suffers injury in the performance of his or her duties while on state active duty, the member shall continue to be fully paid under s. 321.35 or 321.51 upon the same basis as paid prior to the injury.

(b) The full pay under par. (a) shall continue while the member is unable to return to active duty as the result of the injury or until the termination of his or her state active duty. At any time during the member’s period of disability the department may, at the department’s expense, order physical or medical examinations to determine the degree of disability.

(4) A member denied benefits under this section may appeal to the employment relations commission under s. 230.45 (1) (d) .

(5) The department is entitled to the right of subrogation for payments made under this section to the same extent an employing agency is entitled to the right of subrogation under s. 230.36 (5) .

History: 2017 a. 274 .
Wis. Stat. § 806.25 — WI Code / Chapter 806 / Section 806.25
No judgment without action.
Status: in_force

Any authorization in a note executed after June 18, 1972, for the creditor, or other person acting on the creditor’s behalf, to confess judgment for the debtor shall be void and unenforceable.

History: 1973 c. 261 ; Sup. Ct. Order, 67 Wis. 2d 585, 740 (1975); 1975 c. 218 .
Wis. Stat. § 961.56 — WI Code / Chapter 961 / Section 961.56
Burden of proof; liabilities.
Status: in_force

(1) It is not necessary for the state to negate any exemption or exception in this chapter in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under this chapter. The burden of proof of any exemption or exception is upon the person claiming it.

(2) In the absence of proof that a person is the duly authorized holder of an appropriate federal registration or order form, the person is presumed not to be the holder of the registration or form. The burden of proof is upon the person to rebut the presumption.

(3) No liability is imposed by this chapter upon any authorized state, county or municipal officer or employee engaged in the lawful performance of the officer’s or employee’s duties.

History: 1971 c. 219 , 307 ; 1993 a. 482 ; 1995 a. 448 s. 307 ; Stats. 1995 s. 961.56.
Wis. Stat. § 23.178 — WI Code / Chapter 23 / Section 23.178
Off-road vehicle council.
Status: in_force

The off-road vehicle council shall provide advice and make recommendations to the department of natural resources, the department of transportation, the governor, and the legislature on all matters relating to all-terrain vehicle trails and all-terrain vehicle routes, including matters relating to activities conducted on all-terrain vehicle trails and all-terrain vehicle routes by all-terrain vehicle users and utility terrain vehicle users, and shall make recommendations to the department of natural resources with regard to requests for funding under s. 23.33 (9) (b) , (bb) , and (bg) .

History: 2013 a. 16 , 173 ; 2015 a. 55 .
Wis. Stat. § 767.323 — WI Code / Chapter 767 / Section 767.323
Suspension of proceedings to effect reconciliation.
Status: in_force

During the pendency of an action for divorce or legal separation, the court may, upon written stipulation of both parties that they desire to attempt a reconciliation, enter an order suspending any and all orders and proceedings for such period, not exceeding 90 days, as the court determines advisable to permit the parties to attempt a reconciliation without prejudice to their respective rights. During the suspension period, the parties may resume living together as husband and wife and their acts and conduct do not constitute an admission that the marriage is not irretrievably broken or a waiver of the ground that the parties have voluntarily lived apart continuously for 12 months or more immediately prior to the commencement of the action. Suspension may be revoked upon the motion of either party by an order of the court. If the parties become reconciled, the court shall dismiss the action. If the parties are not reconciled after the period of suspension, the action shall proceed as though no reconciliation period was attempted.

History: 1971 c. 220 ; 1977 c. 105 ; 1979 c. 32 s. 50 ; Stats. 1979 s. 767.082; 2005 a. 443 s. 44 ; Stats. 2005 s. 767.323.
Wis. Stat. § 87.04 — WI Code / Chapter 87 / Section 87.04
Action on petition.
Status: in_force

(1) Upon the filing of any petition as authorized by s. 87.03 , the department shall give the project a name embodying the name of the principal river or body of water involved in the project, and shall fix a date and place of hearing upon the petition, the date being so fixed as to allow for the giving of the notice herein provided for. The department shall publish in each county in which any portion of the territory referred to in the petition is located, a class 3 notice, under ch. 985 , stating the nature of the proceeding and the time and place of the proposed hearing, and shall also forward a copy of such notice to the county clerk of each such county. Each such county clerk shall thereupon mail a copy of the notice to the clerk of each town, village and city within that clerk’s county. The failure of any county clerk to comply with the foregoing requirements shall not, however, affect the jurisdiction of the department to proceed.

(2) If the petition alleges that the proposed project will be located wholly upon land owned by the petitioners, that the stream affected is nonnavigable, or if navigable in fact, is not navigable for any substantial commercial or major recreational purposes, that the project is required by public health, safety, convenience or welfare and that the petitioners desire to construct and operate the project as a cooperative enterprise, the department may hear the petition upon due notice to the petitioners and to the town clerk of each town in which the project is located. If the department finds that the allegations of the petition are true, it may authorize the petitioners to proceed with the construction and operation of the project subject to plans to be approved by the department and all other procedural requirements of this chapter may thereafter be omitted, provided that the petitioners shall be jointly and severally liable for any damage to the property of others resulting from said project.

History: 1991 a. 316 .
Wis. Stat. § 893.19 — WI Code / Chapter 893 / Section 893.19
Limitation when person out of state.
Status: in_force

(1) If a person is out of this state when the cause of action accrues against the person an action may be commenced within the terms of this chapter respectively limited after the person returns or removes to this state. But the foregoing provision shall not apply to any case where, at the time the cause of action accrues, neither the party against nor the party in favor of whom the same accrues is a resident of this state; and if, after a cause of action accrues against any person, he or she departs from and resides out of this state the time of absence is not any part of the time limited for the commencement of an action; provided, that no foreign corporation which files with the department of financial institutions, or any other state official or body, pursuant to the requirements of any applicable statute of this state, an instrument appointing a registered agent as provided in ch. 180 , a resident or any state official or body of this state, its attorney or agent, on whom, pursuant to such instrument or any applicable statute, service of process may be made in connection with such cause of action, is deemed a person out of this state within the meaning of this section for the period during which such appointment is effective, excluding from such period the time of absence from this state of any registered agent, resident agent or attorney so appointed who departs from and resides outside of this state.

(2) This section shall not apply to any person who, while out of this state, may be subjected to personal jurisdiction in the courts of this state on any of the grounds specified in s. 801.05 .

History: 1971 c. 154 ; 1977 c. 176 ; 1979 c. 323 ; 1995 a. 27 .
Wis. Stat. § 1.07 — WI Code / Chapter 1 / Section 1.07
State coat of arms.
Status: in_force

The coat of arms of the state of Wisconsin is declared to be as follows:

History: 1975 c. 41 .
Wis. Stat. § 440.993 — WI Code / Chapter 440 / Section 440.993
Temporary registration.
Status: in_force

The department may issue a temporary certificate of registration while an application for registration or renewal of registration is pending. The department shall promulgate rules establishing requirements and procedures for applying for and issuing temporary certificates of registration.

History: 2003 a. 150 .
Wis. Stat. § 291.001 — WI Code / Chapter 291 / Section 291.001
Declaration of policy.
Status: in_force

The legislature finds that hazardous wastes, when mismanaged, pose a substantial danger to the environment and public health and safety. To ensure that hazardous wastes are properly managed within this state, the legislature declares that a state-administered regulatory program is needed which:

(1) Relies upon private industry or local units of government to provide hazardous waste management services.

(2) Requires the transportation, storage, treatment and disposal of hazardous wastes to be performed only by licensed operators.

(3) Requires generators of hazardous waste to utilize operators licensed to transport, treat, store or dispose of hazardous wastes.

(4) Does not interfere with, control or regulate the manufacturing processes which generate hazardous wastes.

(5) Ensures the maintenance of adequate records on, and the reporting of, the disposition of all hazardous wastes either generated in or entering this state.

(6) Encourages to the extent feasible, the reuse, recycling or reduction of hazardous wastes.

(7) Provides adequate care and protection of disposal facilities after the facilities cease to accept hazardous wastes.

(8) Provides members of the public and units of local government an opportunity to review and comment upon the construction, operation and long-term care of hazardous waste management facilities.

(9) Meets the minimum requirements of the resource conservation and recovery act.

History: 1995 a. 227 s. 647 .