FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 938.297 — WI Code / Chapter 938 / Section 938.297
Motions before trial.
Status: in_force

(1) Motions able to be determined without trial. Any motion which is capable of determination without trial of the general issue may be made before trial.

(2) Defenses and objections based on petitions for citation. If defenses and objections based on defects in the institution of proceedings, lack of probable cause on the face of the petition or citation, insufficiency of the petition or citation, or invalidity in whole or in part of the statute on which the petition or citation is founded are not raised within 10 days after the plea hearing, they are waived. Other motions capable of determination without trial may be brought any time before trial.

(3) Suppression of evidence. Motions to suppress evidence as illegally seized or statements as illegally obtained shall be made before fact-finding on the issues. The court may consider the motion at the fact-finding hearing if it appears that a party is surprised by the attempt to introduce the evidence and that party waives jeopardy. Only the juvenile may waive jeopardy in cases under s. 938.12 , 938.125 , or 938.13 (12) .

(4) Propriety of taking juvenile into custody. Although the taking of a juvenile into custody is not an arrest, it shall be considered an arrest for the purpose of deciding motions which require a decision about the propriety of the taking into custody, including motions to suppress evidence as illegally seized, motions to suppress statements as illegally obtained, and motions challenging the lawfulness of the taking into custody.

(5) Continuation in custody if motion to dismiss granted. If the juvenile is in custody and the court grants a motion to dismiss based upon a defect in the petition or citation or in the institution of the proceedings, the court may order the juvenile continued in custody for not more than 48 hours pending the filing of a new petition or citation.

(6) Service of motion on attorney. A motion required to be served on a juvenile may be served upon his or her attorney of record.

(7) Oral argument by telephone. Oral argument permitted on motions under this section may be heard by telephone under s. 807.13 (1) .

(8) Appellate review. An order denying a motion to suppress evidence or a motion challenging the admissibility of a statement of a juvenile may be reviewed upon appeal from a final judgment or order notwithstanding the fact that the judgment or order was entered upon an admission or a plea of no contest to the allegations in the petition.

History: 1995 a. 77 ; 1997 a. 35 ; 2005 a. 344 ; 2009 a. 27 .
Wis. Stat. § 814.48 — WI Code / Chapter 814 / Section 814.48
Duty of officers taxing costs.
Status: in_force

Every officer authorized to tax costs in any court for services in any proceeding shall examine the bills presented for taxation, whether such taxation be opposed or not, and must be satisfied that the items charged are correct and legal, and shall strike out all charges for services which, in the officer’s judgment, were not necessary.

History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.48; 1993 a. 486 .
Wis. Stat. § 323.01 — WI Code / Chapter 323 / Section 323.01
Declaration of policy.
Status: in_force

(1) To prepare the state and its subdivisions to cope with emergencies resulting from a disaster, or the imminent threat of a disaster, it is declared to be necessary to establish an organization for emergency management, conferring upon the governor and others specified the powers and duties provided by this chapter.

(2) Unless otherwise specified by law, the role of any state agency, including the department of military affairs and the division, in an emergency declared under this chapter, is to assist local units of government and local law enforcement agencies in responding to a disaster or the imminent threat of a disaster.

(3) This chapter may not limit or in any way affect the responsibility of the American National Red Cross as authorized by the congress of the United States.

History: 1979 c. 361 s. 52 ; 1995 a. 247 ; 2009 a. 42 ss. 49 , 50 , 108 , 119 ; Stats. 2009 s. 323.01.
Wis. Stat. § 33.45 — WI Code / Chapter 33 / Section 33.45
Board of commissioners; powers.
Status: in_force

(1) The board of commissioners may develop and implement plans, projects or programs to do any or all of the following:

(a) Improve the water quality and the scenic, economic and environmental value of the surface waters and the groundwaters of the county.

(b) Protect or enhance the recreational use of the navigable waters of the county.

(c) Coordinate and integrate, for efficient and effective cost management, any county programs or projects for the waters of the county that relate to any of the following:

1. Surface water and groundwater quality.

2. The recreational use of and public access to navigable waters.

3. Water safety and boating regulations.

4. Algae and aquatic plant management.

(d) Reduce soil erosion and bring cropland soil erosion loss into conformance with s. 92.025 .

(2) The board of commissioners may develop and propose to the county board programs or projects to make improvements to the navigable waters in the county including, but not limited to, constructing and maintaining public boat launching facilities, maintaining park or other open natural areas adjacent to the navigable waters, implementing shoreline maintenance requests, maintaining and improving locks and dredging waterways.

(3) The board of commissioners may create advisory committees as it considers necessary to apprise the board of commissioners of the information necessary to implement its duties and powers. The advisory committees may include, but are not limited to, representatives of the following: fishing groups; farmers; businesses; riparian and other real property owners; industry groups; public bodies; sailing clubs; boating clubs; environmentalists; scientists; conservationists; hunters; and water skiing, diving and other sports clubs.

(4) The board of commissioners may promulgate any rules necessary to implement the duties and powers granted to the board of commissioners.

History: 1989 a. 324 .
Wis. Stat. § 230.17 — WI Code / Chapter 230 / Section 230.17
Applicants and eligibles may be barred; bonds may be required.
Status: in_force

(1) The director shall provide by rule, the conditions, not otherwise provided by law, under which an eligible may be refused certification. These conditions shall be based on sufficient reason and shall reflect sound technical personnel management practices and those standards of conduct, deportment, and character necessary and demanded to the orderly, efficient, and just operation of the state service.

(2) If the director refuses to certify an eligible, as provided in this section, the director, if requested by the applicant so rejected within 10 days of the date of receipt of the notice of rejection, shall give the applicant a full and explicit statement of the exact cause of such refusal to certify. Applicants may appeal to the commission the decision of the director to refuse to certify under s. 230.44 (1) (a) . Upon request of an applicant or an eligible for a civil service position who has a disability, the department of health services shall obtain from the director a detailed description of all duties entailed by such position and shall determine and report its findings to the director, as to the ability of the applicant, or eligible, to perform the duties of such position. Such findings shall be conclusive as to the qualifications of any applicant, or eligible, so examined. A notice of rejection shall notify an applicant or eligible of his or her rights under this subsection.

(3) When any position to be filled involves fiduciary responsibility, the appointing authority shall conduct a criminal history background check before offering employment to an applicant for the position. If otherwise permitted by law, the appointing authority may require the appointee to furnish bond or other security, and shall notify the director of the amount and other details thereof. Any surety company authorized to do business in this state shall be a sufficient security on any such bond.

History: 1971 c. 270 ; 1977 c. 196 ss. 42 , 130 (5) ; Stats. 1977 s. 230.17; 1983 a. 453 ; 1995 a. 27 s. 9126 (19) ; 1999 a. 87 ; 2005 a. 350 ; 2007 a. 20 s. 9121 (6) (a) ; 2015 a. 55 , 150 .
Wis. Stat. § 72.01 — WI Code / Chapter 72 / Section 72.01
Definitions.
Status: in_force

In this chapter, unless otherwise specified:

(1) “Administration” means any proceeding relating to a decedent’s estate whether decedent died testate or intestate.

(4) “Circuit court” means the circuit court which has jurisdiction under s. 72.27 .

(6) “Death tax” is a tax imposed by a state, territory or district, because of a death or gift in contemplation of death, on property or a transfer of property, and includes estate, inheritance, succession, legacy and transfer taxes.

(7) “Decedent” means the deceased person.

(8) “Department” means the department of revenue.

(9) “Distributee” means any person to whom property is transferred by reason of a death or in contemplation of death other than in payment of a claim.

(9m) “District attorney” means the district attorney of the county whose circuit court has jurisdiction under s. 72.27 .

(11) “Estate” means all property of a decedent transferred by reason of the decedent’s death.

(11m) “Federal credit” means, for deaths occurring after September 30, 2002, and before January 1, 2008, the federal estate tax credit allowed for state death taxes as computed under the federal estate tax law in effect on December 31, 2000, and for deaths occurring after December 31, 2007, the federal estate tax credit allowed for state death taxes as computed under the federal estate tax law in effect on the day of the decedent’s death.

(11n) “Federal estate tax” means, for deaths occurring after September 30, 2002, and before January 1, 2008, the federal estate tax as computed under the federal estate tax law in effect on December 31, 2000, and for deaths occurring after December 31, 2007, the federal estate tax as computed under the federal estate tax law in effect on the day of the decedent’s death.

(12m) “File” means mail or deliver a document that the department prescribes to the department or, if the department prescribes another method of submitting or another destination, use that other method or submit to that other destination.

(13) “The intestate laws of this state” include statutory rights and allowances to a child and to a surviving spouse and any other rights of a surviving spouse acquired by contract in lieu of any statutory rights.

(14m) “Pay” means mail or deliver funds to the department or, if the department prescribes another method of submitting or another destination, use that other method or submit to that other destination.

(16) “Personal representative” means any person to whom letters to administer a decedent’s estate have been granted by the court but does not include a special administrator.

(19) “Property” means any interest, legal or equitable, present or future, in real or personal property, or income therefrom, in possession and enjoyment, trust or otherwise, within or without this state.

(21) “Transfer” means the passing of property.

History: 1971 c. 310 ; 1973 c. 90 ; 1977 c. 187 s. 135 ; 1977 c. 418 ; 1977 c. 449 ss. 181 , 497 ; 1981 c. 20 , 317 ; 1983 a. 27 , 186 , 189 , 212 ; 1985 a. 29 , 261 ; 1987 a. 27 ; 1997 a. 27 ; 2001 a. 16 .
Wis. Stat. § 84.1033 — WI Code / Chapter 84 / Section 84.1033
Leo Frigo Memorial Bridge.
Status: in_force

No later than 6 months after May 9, 2002, the department shall designate and mark the bridge on I 43 across the Fox River in the city of Green Bay as the “Leo Frigo Memorial Bridge” in recognition and appreciation of Leo Frigo, a civic and philanthropic leader in the Green Bay area whose legacy includes one of the largest food pantry programs in the nation for feeding the hungry.

History: 2001 a. 101 .
Wis. Stat. § 973.12 — WI Code / Chapter 973 / Section 973.12
Sentence of a repeater or persistent repeater.
Status: in_force

(1) Whenever a person charged with a crime will be a repeater or a persistent repeater under s. 939.62 or subject to a penalty under s. 939.6195 if convicted, any applicable prior convictions may be alleged in the complaint, indictment or information or amendments so alleging at any time before or at arraignment, and before acceptance of any plea. The court may, upon motion of the district attorney, grant a reasonable time to investigate possible prior convictions before accepting a plea. If the prior convictions are admitted by the defendant or proved by the state, he or she shall be subject to sentence under s. 939.6195 or 939.62 unless he or she establishes that he or she was pardoned on grounds of innocence for any crime necessary to constitute him or her a repeater or a persistent repeater. An official report of the F.B.I. or any other governmental agency of the United States or of this or any other state shall be prima facie evidence of any conviction or sentence therein reported. Any sentence so reported shall be deemed prima facie to have been fully served in actual confinement or to have been served for such period of time as is shown or is consistent with the report. The court shall take judicial notice of the statutes of the United States and foreign states in determining whether the prior conviction was for a felony or a misdemeanor.

(2) In every case of sentence under s. 939.6195 or 939.62 , the sentence shall be imposed for the present conviction, but if the court indicates in passing sentence how much thereof is imposed because the defendant is a repeater, it shall not constitute reversible error, but the combined terms shall be construed as a single sentence for the present conviction.

History: 1993 a. 289 ; 2017 a. 145 .
Wis. Stat. § 704.13 — WI Code / Chapter 704 / Section 704.13
Acts of tenant not to affect rights of landlord.
Status: in_force

No act of a tenant in acknowledging as landlord a person other than the tenant’s original landlord or the latter’s successors in interest can prejudice the right of the original landlord or the original landlord’s successors to possession of the premises.

History: 1993 a. 486 .
Wis. Stat. § 4.72 — WI Code / Chapter 4 / Section 4.72
Seventy-second assembly district.
Status: in_force

All of the following territory constitutes the 72nd assembly district:

(1) Adams County. That part of Adams County consisting of all of the following:

(a) The towns of Adams, Big Flats, Monroe, Preston, Quincy, Rome, and Strongs Prairie.

(b) The village of Friendship.

(c) The city of Adams.

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

(a) The towns of Armenia, Clearfield, Cutler, Finley, Germantown, Kingston, Necedah, and Orange.

(b) The villages of Camp Douglas and Necedah.

(3) Wood County. That part of Wood County consisting of all of the following:

(a) The towns of Cranmoor, Dexter, Grand Rapids, Hiles, Port Edwards, Remington, Saratoga, and Seneca.

(b) The villages of Biron and Port Edwards.

(c) The cities of Nekoosa and Wisconsin Rapids.

History: 2023 a. 94 .
Wis. Stat. § 402.714 — WI Code / Chapter 402 / Section 402.714
Buyer’s damages for breach in regard to accepted goods.
Status: in_force

(1) Where the buyer has accepted goods and given notification (s. 402.607 (3) ) the buyer may recover as damages for any nonconformity of tender the loss resulting in the ordinary course of events from the seller’s breach as determined in any manner which is reasonable.

(2) The measure of damages for breach of warranty is the difference at the time and place of acceptance between the value of the goods accepted and the value they would have had if they had been as warranted, unless special circumstances show proximate damages of a different amount.

(3) In a proper case any incidental and consequential damages under s. 402.715 may also be recovered.

History: 1991 a. 316 .
Wis. Stat. § 23.115 — WI Code / Chapter 23 / Section 23.115
Designation of trails, etc.
Status: in_force

(1) The department shall designate trails, campgrounds, picnic areas, and other special use areas located on property under its control. The department may designate roads located on property under its control. The designated roads, trails, campgrounds, picnic areas, and other special use areas shall be shown on maps available at the department’s district office, on a sign outside the office on the property or on signs placed by the designated roads, trails, campgrounds, picnic areas or other use areas at the option of the department.

(2) The department shall inspect trail signs and designated features twice a year, once before July 1 and once after July 1.

(3) Subsection (2) does not apply to snowmobile trails on land under the control of the department that are maintained by snowmobile clubs or other nonprofit organizations or to water trails under s. 23.175 (2) (a) .

(4) Subsection (2) does not apply to roads designated under sub. (1) .

History: 1977 c. 418 ; 1983 a. 418 s. 3 ; Stats. 1983 s. 23.115; 1995 a. 294 ; 2013 a. 20 , 248 .
Wis. Stat. § 348.02 — WI Code / Chapter 348 / Section 348.02
Applicability of chapter.
Status: in_force

(1) The provisions of this chapter restricting the size, weight and load of vehicles apply also to vehicles owned by or operated by or for a governmental agency, subject to such exceptions in this chapter.

(2) The provisions of this chapter restricting the size and weight of vehicles apply to the vehicle and any load which it is carrying except as otherwise provided in this chapter.

(3) Any owner of a vehicle who causes or permits such vehicle to be operated on a highway in violation of this chapter is guilty of the violation the same as if the owner had actually operated the vehicle.

(4) The limitations on size, weight and load imposed by this chapter do not apply to road machinery actually engaged in construction or maintenance of a highway within the limits of the project.

(5) The limitations on weight, length and number of vehicles in combination imposed by this chapter shall not apply to a combination of vehicles in an emergency towing operation in which the towing vehicle is being used to remove a stalled or disabled vehicle or combination of vehicles from the highway to the nearest adequate place for repairs, or in which the towing vehicle is an emergency truck tractor temporarily substituted for a stalled or disabled truck tractor. The vehicle owner or the owner’s agent shall designate the nearest adequate place for repairs for vehicles or combinations of vehicles exceeding the statutory length limits or limits on the number of vehicles in combination.

(6) The provisions of this chapter apply to implements of husbandry and agricultural commercial motor vehicles.

History: 1977 c. 197 ; 1979 c. 348 ; 1981 c. 268 , 312 , 390 ; 1989 a. 134 ; 1991 a. 316 ; 2013 a. 377 .
Wis. Stat. § 193.518 — WI Code / Chapter 193 / Section 193.518
Effect of insufficient notice.
Status: in_force

Failure of a member to receive a notice required under s. 193.511 (5) or 193.515 (2) does not invalidate any action that is taken at the applicable meeting.

History: 2005 a. 441 .
Wis. Stat. § 891.36 — WI Code / Chapter 891 / Section 891.36
Evidence of title to realty.
Status: in_force

In all criminal proceedings in which it is necessary for the state to prove that any person owns or has an interest in any real estate, a conveyance to such person of such real estate or an interest therein, so executed and acknowledged or proved as to be entitled to record, or the record of such conveyance or a certified copy of such record or such proof of possession as would entitle a plaintiff to recover in an action for trespass shall be received as presumptive evidence that such person owned or had an interest in the real estate in question.
Wis. Stat. § 172.52 — WI Code / Chapter 172 / Section 172.52
Appraisal.
Status: in_force

The freeholders appointed as appraisers under s. 172.51 shall be immediately notified and shall immediately repair to the place damaged by the animals and view the damages done. The appraisers may take evidence of any witnesses of the facts and circumstances necessary to enable them to ascertain the extent of the damages and the sufficiency of any line fence on the premises where the damage was done, if any dispute arises regarding the damages or line fence. The appraisers may administer oaths to the witnesses. The appraisers shall certify under their hands the amount of damages, the cost of keeping the beasts to that time, their fees for services as appraisers not exceeding $1 per day each, and their determination as to the sufficiency of the line fence, if in dispute. The appraisers’ decision as to damages and sufficiency of the fence is conclusive.

History: 1997 a. 192 s. 12 ; Stats. 1997 s. 172.52; 1997 a. 254 ; 1999 a. 32 .
Wis. Stat. § 409.504 — WI Code / Chapter 409 / Section 409.504
Indication of collateral.
Status: in_force

A financing statement sufficiently indicates the collateral that it covers if the financing statement provides:

(1) A description of the collateral pursuant to s. 409.108 ; or

(2) An indication that the financing statement covers all assets or all personal property.

History: 2001 a. 10 .
Wis. Stat. § 409.105 — WI Code / Chapter 409 / Section 409.105
Control of electronic chattel paper.
Status: in_force

(1m) General rule: control of electronic chattel paper. A secured party has control of electronic chattel paper if a system employed for evidencing the transfer of interests in the chattel paper reliably establishes the secured party as the person to which the chattel paper was assigned.

(2m) Specific facts giving control. Without limiting the generality of sub. (1m) , a system satisfies sub. (1m) if the record or records comprising the chattel paper are created, stored, and assigned in such a manner that:

(a) A single authoritative copy of the record or records exists which is unique, identifiable, and, except as otherwise provided in pars. (d) to (f) , unalterable;

(b) The authoritative copy identifies the secured party as the assignee of the record or records;

(c) The authoritative copy is communicated to and maintained by the secured party or its designated custodian;

(d) Copies or amendments that add or change an identified assignee of the authoritative copy can be made only with the consent of the secured party;

(e) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and

(f) Any amendment of the authoritative copy is readily identifiable as authorized or unauthorized.

History: 2001 a. 10 , 416 ; 2011 a. 206 .
Wis. Stat. § 99.05 — WI Code / Chapter 99 / Section 99.05
Receipts; records; standards.
Status: in_force

(1) Receipts. Public warehouse keepers, at the time goods are received for storage, shall issue warehouse or storage receipts identifying goods placed in storage and inform storers of all terms and conditions of storage and may, for this purpose, use standard forms which are accepted in the warehousing industry and comply with the requirements of chs. 401 to 411 and this subchapter.

(2) Records. Every public warehouse keeper shall maintain a record of all property received for storage and of all warehouse or storage receipts issued. Such records shall be open at all reasonable times to inspection by the department. Persons holding an interest in stored property may inspect records relating to the property at reasonable times.

(3) Standards. Public warehouse keepers shall be subject to standards and duties of care as prescribed in s. 407.204 (1) and this chapter, and other provisions of law relating to the storage of goods for hire, including the issuance of warehouse receipts, maintenance of warehouse receipt registers and enforcement of warehouse keepers’ liens.

History: 1983 a. 500 ; 1991 a. 148 , 304 , 315 .