reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 980 - Sexually violent person commitments. › 980.03 - Rights of persons subject to petition.

980.03
Rights of persons subject to petition.
(1)
The circuit court in which a petition under s. 980.02 is filed shall conduct all hearings under this chapter. The court shall give the person who is the subject of the petition reasonable notice of the time and place of each such hearing. The court may designate additional persons to receive these notices.
(2)
Except as provided in ss. 980.038 (2) and 980.09 and without limitation by enumeration, at any hearing under this chapter, the person who is the subject of the petition has the right to:
(a)
Counsel. In any situation under this chapter in which the person has a right to be represented by counsel, the court shall refer the person as soon as practicable to the state public defender, who shall appoint counsel for the person under s. 977.08 without a determination of indigency.
(b)
Remain silent.
(c)
Present and cross-examine witnesses.
(d)
Have the hearing recorded by a court reporter.
(3)
The person who is the subject of the petition, the person's attorney, or the petitioner may request that a trial under s. 980.05 be to a jury. A request for a jury trial shall be made as provided under s. 980.05 (2). Notwithstanding s. 980.05 (2), if the person, the person's attorney, or the petitioner does not request a jury trial, the court may on its own motion require that the trial be to a jury. The jury shall be selected as provided under s. 980.05 (2m). A verdict of a jury under this chapter is not valid unless it is unanimous.
History:  1993 a. 479; 1997 a. 252; 1999 a. 9; 2005 a. 434; 2017 a. 184.
There are circumstances when comment on the defendant's silence is permitted. If a defendant refuses to be interviewed by the state's psychologist and the defense attorney challenges the psychologist's findings based on the lack of an interview, it is appropriate for the psychologist to testify about the refusal. State v. Adams, 223 Wis. 2d 60, 588 N.W.2d 336 (Ct. App. 1998), 96-3136.
If all jurors agree that the defendant suffers from a mental disease, unanimity requirements are met even if the jurors disagree on the disease that predisposes the defendant to reoffend. State v. Pletz, 2000 WI App 221, 239 Wis. 2d 49, 619 N.W.2d 97, 98-2455.
Chapter 980 provides its own procedures for commencing actions, and, as such, chs. 801 and 802 are inapplicable to the commencement of ch. 980 actions. State v. Wolfe, 2001 WI App 136, 246 Wis. 2d 233, 631 N.W.2d 240, 99-2145.
The circuit court must appoint an examiner for the court under sub. (3) regardless of whether the court also appointed an examiner for the petitioner under sub. (4), 2001 stats. An indigent party petitioning for supervised release is not entitled under sub. (4), 2001 stats., to an examiner of his or her choice, but is entitled to a “qualified and available" court-appointed examiner. Requirements for a qualified examiner are discussed. State v. Thiel, 2004 WI App 225, 277 Wis. 2d 698, 691 N.W.2d 388, 03-2649.
2023 Wisconsin Statutes & Annotations › Chapter 980 - Sexually violent person commitments. › 980.0305 - Reimbursement for counsel provided by the state.

980.0305
Reimbursement for counsel provided by the state.
(1)
Inquiry. At or after the conclusion of a proceeding under this chapter in which the state public defender has provided counsel for a person, the court may inquire as to the person's ability to reimburse the state for the costs of representation. If the court determines that the person is able to make reimbursement for all or part of the costs of representation, the court may order the person to reimburse the state an amount not to exceed the maximum amount established by the public defender board under s. 977.075 (4). Upon the court's request, the state public defender shall conduct a determination of indigency under s. 977.07 and report the results of the determination to the court.
(2)
Payment. Reimbursement ordered under this section shall be made to the clerk of courts of the county where the proceedings took place. The clerk of courts shall transmit payments under this section to the county treasurer, who shall deposit 25 percent of the payment amount in the county treasury and transmit the remainder to the secretary of administration. Payments transmitted to the secretary of administration shall be deposited in the general fund and credited to the appropriation account under s. 20.550 (1) (L).
(3)
Report. By January 31st of each year, the clerk of courts for each county shall report to the state public defender the total amount of reimbursements ordered under sub. (1) in the previous calendar year and the total amount of reimbursements paid to the clerk under sub. (2) in the previous year.
History:  2017 a. 184.
2023 Wisconsin Statutes & Annotations › Chapter 980 - Sexually violent person commitments. › 980.034 - Change of place of trial or jury from another county.

980.034
Change of place of trial or jury from another county.
(1)
A person who is the subject of a petition filed under s. 980.02 or who has been committed under this chapter may move to change the place of a jury trial under s. 980.05 on the ground that an impartial trial cannot be had in the county in which the trial is set to be held. The motion shall be made within 20 days after the completion or waiver of the probable cause hearing under s. 980.04 (2), whichever is applicable, except that it may be made after that time for cause.
(2)
The motion shall be in writing and supported by affidavit which shall state evidentiary facts showing the nature of the prejudice alleged. The petitioner may file counter affidavits.
(3)
If the court determines that there exists in the county where the action is pending such prejudice that a fair trial cannot be had, it shall, except as provided in sub. (4), order that the trial be held in any county where an impartial trial can be had. Only one change may be granted under this subsection. The judge who orders the change in the place of trial shall preside at the trial. Preliminary matters before trial may be conducted in either county at the discretion of the court.
(4)
(a)
Instead of changing the place of trial under sub. (3), the court may require the selection of a jury under par. (b) if all of the following apply:
1.
The court will sequester the jurors during the trial.
2.
There are grounds for changing the place of trial under sub. (1).
3.
The estimated cost to the county of using the procedure under this subsection is less than the estimated cost to the county of holding the trial in another county.
(b)
A court that proceeds under this subsection shall follow the procedure under sub. (3) until the jury is chosen in the 2nd county. At that time, the proceedings shall return to the original county using the jurors selected in the 2nd county. The original county shall reimburse the 2nd county for all applicable costs under s. 814.22.
History:  2005 a. 434.
2023 Wisconsin Statutes & Annotations › Chapter 980 - Sexually violent person commitments. › 980.063 - Deoxyribonucleic acid analysis requirements.

980.063
Deoxyribonucleic acid analysis requirements.
(1)
(a)
If a person is found to be a sexually violent person under this chapter, the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The court shall inform the person that he or she may request expungement under s. 165.77 (4).
(b)
The results from deoxyribonucleic acid analysis of a specimen under par. (a) may be used only as authorized under s. 165.77 (3).
(2)
Biological samples required under sub. (1) (a) shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).
History:  1995 a. 440; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 980 - Sexually violent person commitments. › 980.065 - Institutional care for sexually violent persons.

980.065
Institutional care for sexually violent persons.
(1m)
The department shall place a person committed under s. 980.06 at the secure mental health facility established under s. 46.055, the Wisconsin resource center established under s. 46.056 or a secure mental health unit or facility provided by the department of corrections under sub. (2).
(1r)
Notwithstanding sub. (1m), the department may place a female person committed under s. 980.06 at Mendota Mental Health Institute, Wisconsin Women's Resource Center, Winnebago Mental Health Institute, or a privately operated residential facility under contract with the department of health services.
(2)
The department may contract with the department of corrections for the provision of a secure mental health unit or facility for persons committed under s. 980.06. The department shall operate a secure mental health unit or facility provided by the department of corrections under this subsection and shall promulgate rules governing the custody and discipline of persons placed by the department in the secure mental health unit or facility provided by the department of corrections under this subsection.
History:  1993 a. 479; 1997 a. 27; 1999 a. 9; 2001 a. 16; 2007 a. 20 s. 9121 (6) (a); 2013 a. 84.
Chapter 980 does not require dismissal of a pending commitment petition when the person who is the subject of the petition is incarcerated because of a new sentence or a parole/extended supervision revocation. The wide discretion given to the trial court regarding the timing of the probable cause hearing together with the evident recognition that the subject of the petition might be incarcerated during the commitment proceedings compels the conclusion that the legislature did not intend for commitment proceedings to stop because the person subject to the petition is returned to department of corrections custody. State v. Gilbert, 2011 WI App 61, 333 Wis. 2d 157, 798 N.W.2d 889, 10-0594.
Nothing in the U.S. Constitution prevents state officials from temporarily detaining a civil committee in conditions normally reserved for inmates so that he or she may attend court proceedings concerning his commitment. Thiel v. State, 399 F. Supp. 929 (2005).
2023 Wisconsin Statutes & Annotations › Chapter 980 - Sexually violent person commitments. › 980.067 - Activities off grounds.

980.067
Activities off grounds.
The superintendent of the facility at which a person is placed under s. 980.065 may allow the person to leave the grounds of the facility under escort. The department of health services shall promulgate rules for the administration of this section.
History:  2001 a. 16; 2007 a. 20 s. 9121 (6) (a).
2023 Wisconsin Statutes & Annotations › Chapter 980 - Sexually violent person commitments. › 980.095 - Procedures for discharge hearings.

980.095
Procedures for discharge hearings.
(1)
Use of juries.
(a)
The district attorney or the department of justice, whichever filed the original petition, or the person who filed the petition for discharge or his or her attorney may request that a trial under s. 980.09 (3) be to a jury of 6. A jury trial is deemed waived unless it is demanded within 10 days of the determination by the court that a court or jury would likely conclude under s. 980.09 (1) that the person's condition has sufficiently changed.
(b)
Juries shall be selected and treated in the same manner as they are selected and treated in civil actions in circuit court. The number of jurors prescribed in par. (a), plus the number of peremptory challenges available to all of the parties, shall be called initially and maintained in the jury box by calling others to replace jurors excused for cause until all jurors have been examined. The parties shall exercise in their order, the state beginning, the peremptory challenges available to them, and if any party declines to challenge, the challenge shall be made by the clerk by lot.
(c)
No verdict shall be valid or received unless at least 5 of the jurors agree to it.
(2)
Post verdict motions. Motions after verdict may be made without further notice upon receipt of the verdict.
(3)
Appeals. Any party may appeal an order under this subsection as a final order under chs. 808 and 809.
History:  2005 a. 434; 2013 a. 84.
2023 Wisconsin Statutes & Annotations › Chapter 980 - Sexually violent person commitments. › 980.101 - Reversal, vacation or setting aside of judgment relating to a sexually violent offense; effect.

980.101
Reversal, vacation or setting aside of judgment relating to a sexually violent offense; effect.
(1)
In this section, “judgment relating to a sexually violent offense" means a judgment of conviction for a sexually violent offense, an adjudication of delinquency on the basis of a sexually violent offense, or a judgment of not guilty of a sexually violent offense by reason of mental disease or defect.
(2)
If, at any time after a person is committed under s. 980.06, a judgment relating to a sexually violent offense committed by the person is reversed, set aside, or vacated and that sexually violent offense was a basis for the allegation made in the petition under s. 980.02 (2) (a), the person may bring a motion for postcommitment relief in the court that committed the person. The court shall proceed as follows on the motion for postcommitment relief:
(a)
If the sexually violent offense was the sole basis for the allegation under s. 980.02 (2) (a) and there are no other judgments relating to a sexually violent offense committed by the person, the court shall reverse, set aside, or vacate the judgment under s. 980.05 (5) that the person is a sexually violent person, vacate the commitment order, and discharge the person from the custody of the department.
(b)
If the sexually violent offense was the sole basis for the allegation under s. 980.02 (2) (a) but there are other judgments relating to a sexually violent offense committed by the person that have not been reversed, set aside, or vacated, or if the sexually violent offense was not the sole basis for the allegation under s. 980.02 (2) (a), the court shall determine whether to grant the person a new trial under s. 980.05 because the reversal, setting aside, or vacating of the judgment for the sexually violent offense would probably change the result of the trial.
(3)
An appeal may be taken from an order entered under sub. (2) as from a final judgment.
History:  2001 a. 16; 2005 a. 253, 434.
2023 Wisconsin Statutes & Annotations › Chapter 980 - Sexually violent person commitments. › 980.105 - Determination of county and city, village, or town of residence.

980.105
Determination of county and city, village, or town of residence.
(1m)
The department shall determine a person's county of residence for the purposes of this chapter by doing all of the following:
(a)
The department shall consider residence as the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation and shall consider physical presence as prima facie evidence of intent to remain.
(b)
The department shall apply the criteria for consideration of residence and physical presence under par. (a) to the facts that existed on the date that the person committed the sexually violent offense that resulted in the sentence, placement, or commitment that was in effect when the petition was filed under s. 980.02.
(2)
If sub. (1m) is insufficient to determine the county of residence, the department shall find that the county of residence is the county in which, on the date that the person committed the sexually violent offense that resulted in the sentence, placement, or commitment that was in effect when the petition was filed under s. 980.02, the person would have been a resident for the purposes of social security disability insurance eligibility.
(2m)
The department shall determine a person's city, village, or town of residence for the purposes of s. 980.08 (4) (dm) 1. by doing all of the following:
(a)
The department shall consider residence as the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation and shall consider physical presence as prima facie evidence of intent to remain.
(b)
The department shall apply the criteria for consideration of residence and physical presence under par. (a) to the facts that existed on the date that the person committed the sexually violent offense that resulted in the sentence, placement, or commitment that was in effect when the petition was filed under s. 980.02.
History:  1995 a. 276; 2001 a. 16; 2005 a. 431; 2017 a. 184.
A person's county of residence shall be determined based on the facts that existed on the date of the underlying offense. A court does not have jurisdiction merely because the defendant was in a Wisconsin prison at the time the petition was filed. State v. Burgess, 2002 WI App 264, 258 Wis. 2d 548, 654 N.W.2d 81, 00-3074. Affirmed on other grounds. 2003 WI 71, 262 WI 2d 354, 665 N.W.2d 124, 00-3074.
The circuit court had jurisdiction to conduct ch. 980 proceedings involving an enrolled tribal member who committed the underlying sexual offense on an Indian reservation. State v. Burgess, 2003 WI 71, 262 Wis. 2d 354, 665 N.W.2d 124, 00-3074.
2023 Wisconsin Statutes & Annotations › Chapter 980 - Sexually violent person commitments. › 980.11 - Notice concerning supervised release or discharge.

980.11
Notice concerning supervised release or discharge.
(1)
In this section:
(a)
“Act of sexual violence" means an act or attempted act that is a basis for an allegation made in a petition under s. 980.02 (2) (a).
(b)
“Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.
(c)
“Victim" means a person against whom an act of sexual violence has been committed.
(2)
If the court places a person on supervised release under s. 980.08 (4) or discharges a person under s. 980.09 (4), the department shall do all of the following:
(am)
Make a reasonable attempt to notify whichever of the following persons is appropriate, if he or she can be found, in accordance with sub. (3):
1.
The victim of the act of sexual violence.
2.
An adult member of the victim's family, if the victim died as a result of the act of sexual violence.
3.
The victim's parent or legal guardian, if the victim is younger than 18 years old.
(bm)
Notify the department of corrections.
(3)
The notice under sub. (2) shall inform the department of corrections and the person under sub. (2) (am) of the name of the person committed under this chapter and the date the person is placed on supervised release or discharged. The department shall send the notice, postmarked at least 7 days before the date the person committed under this chapter is placed on supervised release or discharged, to the department of corrections and to the last-known address of the person under sub. (2) (am).
(4)
The department shall design and prepare cards for persons specified in sub. (2) (am) to send to the department. The cards shall have space for these persons to provide their names and addresses, the name of the person committed under this chapter and any other information the department determines is necessary. The department shall provide the cards, without charge, to the department of justice and district attorneys. The department of justice and district attorneys shall provide the cards, without charge, to persons specified in sub. (2) (am). These persons may send completed cards to the department of health services. All records or portions of records of the department of health services that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1), except as needed to comply with a request by the department of corrections under s. 301.46 (3) (d).
History:  1993 a. 479; 1995 a. 27 s. 9126 (19); 1995 a. 440; 1997 a. 181; 1999 a. 9; 2005 a. 434; 2007 a. 20 s. 9121 (6) (a); 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 980 - Sexually violent person commitments. › 980.12 - Department duties; costs.

980.12
Department duties; costs.
(1)
Except as provided in ss. 980.031 (3) and 980.07 (1), the department shall pay from the appropriations under s. 20.435 (2) (a) and (bm) for all costs relating to the evaluation, treatment, and care of persons evaluated or committed under this chapter.
(2)
By February 1, 2002, the department shall submit a report to the legislature under s. 13.172 (2) concerning the extent to which pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen has been required as a condition of supervised release under s. 980.06, 1997 stats., or s. 980.08 and the effectiveness of the treatment in the cases in which its use has been required.
History:  1993 a. 479; 1997 a. 284; 1999 a. 9; 2005 a. 434.
2023 Wisconsin Statutes & Annotations › Chapter 980 - Sexually violent person commitments. › 980.135 - Local restrictions; limited exemption.

980.135
Local restrictions; limited exemption.
No county, city, town, or village may enforce an ordinance or resolution that restricts or prohibits a sex offender from residing at a certain location or that restricts or prohibits a person from providing housing to a sex offender against an individual who is released under s. 980.08 or against a person who provides housing to the individual so long as the individual is subject to supervised release under this chapter, the individual is residing where he or she is ordered to reside under s. 980.08, and the individual is in compliance with all court orders issued under this chapter.
History:  2015 a. 156.
2023 Wisconsin Statutes & Annotations › Chapter 980 - Sexually violent person commitments. › 980.14 - Immunity.

980.14
Immunity.
(1)
In this section, “agency" means the department of corrections, the department of health services, the department of justice, or a district attorney.
(2)
Any agency or officer, employee, or agent of an agency is immune from criminal or civil liability for any acts or omissions as the result of a good faith effort to comply with any provision of this chapter.
History:  2005 a. 434 ss. 79, 129, 130; 2007 a. 20 s. 9121 (6) (a).
2023 Wisconsin Statutes & Annotations › Chapter 985 - Publication of legal notices; public newspapers; fees. › 985.02 - Method of notification.

985.02
Method of notification.
(1)
Except as otherwise provided by law, a legal notice shall be published in a newspaper likely to give notice in the area or to the person affected. Whenever the law requires publication in a newspaper published in a designated municipality or area and no newspaper that satisfies the requirements under s. 985.03 (1) (a) or (am) is published therein, publication shall be made in a newspaper likely to give notice.
(2)
If the governing body of a municipality elects to post under s. 985.05 (1) it shall post in the following manner:
(a)
The notice must be posted in at least 3 public places likely to give notice to persons affected or must be posted in at least one public place likely to give notice to persons affected and placed electronically on an Internet site maintained by the municipality.
(b)
The notice posted before the act or event requiring notice shall be posted and, if applicable, placed electronically, no later than the time specified for the first newspaper publication.
(c)
The notice posted after the act or event requiring notice shall be posted and, if applicable, placed electronically, within one week after the act or event. Actions of governing bodies posted after the act or event shall be effective upon posting.
(d)
The affidavit of the officer or person posting the legal notice containing the time, place and manner of the posting is presumptive evidence of the facts stated therein.
(3)
The newspaper that publishes a legal notice shall, in addition to newspaper publication, place an electronic copy of the legal notice at no additional charge on the publishing newspaper's Internet site and on the Wisconsin newspapers legal notices Internet site. Every newspaper that publishes legal notices shall have an Internet site and include on its home page a prominent link to the newspaper's legal notices section, the contents of which shall be available for viewing at no cost to the public. The newspaper's Internet legal notice section shall include a link to the Wisconsin newspapers legal notices Internet site, as defined in s. 985.01 (7).
History:  2007 a. 20; 2011 a. 228; 2015 a. 79; 2017 a. 282; 2021 a. 32.
A county with a population of less than 250,000 is not required to designate an official newspaper. A county is not required to seek bids for the publication of legal notices. Even if a county does not competitively bid the publication of its own proceedings as provided in s. 59.14 (3), it may print its own proceedings or post them on its web site. A county may not, in lieu of publication in a printed newspaper or posting on a physical bulletin board, post its legal notices on its official web site. OAG 2-08.
2023 Wisconsin Statutes & Annotations › Chapter 985 - Publication of legal notices; public newspapers; fees. › 985.04 - Official state newspaper.

985.04
Official state newspaper.
The joint committee on legislative organization shall recommend to the legislature to designate some newspaper published in Wisconsin to be the official state newspaper, which shall publish all legal notices required to be published therein. Any such publication from any of the state agencies shall be deemed official. The joint committee may invite bids from all newspapers which meet the requirements of s. 985.03, but if it does so, it is not required to recommend the lowest bidder as the official state newspaper. The joint committee shall introduce its recommendation in the legislature in the form of a joint resolution. No designation takes effect until the joint resolution is adopted. A newspaper which is designated the official state newspaper shall continue as such until the legislature designates another newspaper to be the official state newspaper.
History:  1977 c. 29; 1979 c. 34; 1981 c. 372 ss. 12, 13.
Article VII, sec. 21 [Art. IV, s. 17] requires full text publication of all general laws, and publication of an abstract or synopsis of such laws would not be sufficient. Methods other than newspaper publication, under s. 985.04, may be utilized to give public notice of our general laws. 63 Atty. Gen. 346. See also s. 14.38 (10).
2023 Wisconsin Statutes & Annotations › Chapter 985 - Publication of legal notices; public newspapers; fees. › 985.05 - Official municipal newspapers.

985.05
Official municipal newspapers.
(1)
The governing body of every municipality not required to have an official newspaper may designate a newspaper published or having general circulation in the municipality and eligible under s. 985.03 as its official newspaper or utilize the same for specific notices. The governing body of such municipality may, in lieu of newspaper publication, direct other form of publication or posting under s. 985.02 (2). Other publication or posting, however, shall not be substituted for newspaper publication in proceedings relating to: tax redemptions or sales of land acquired by the county or city authorized to act under s. 74.87 for delinquent taxes, charges or assessments; civil annexations, detachments, consolidations or incorporations under chs. 59 to 66; or legal notices directed to specific individuals. Posting may not be substituted for publication in school board elections conducted under s. 120.06 or publication under s. 60.80 (2) of town ordinances imposing forfeitures. If an eligible newspaper is published in the municipality, other publication or posting shall not be substituted for newspaper publication under s. 61.32 or 61.50.
(2)
When any municipality has designated an official newspaper, all legal notices published in a newspaper by such municipality shall be published in such newspaper unless otherwise specifically required by law.
(3)
In lieu of the requirements of this chapter, a school board may publish or publicize under s. 120.11 (4).
History:  1975 c. 138; 1983 a. 532; 1985 a. 225; 1987 a. 378.
A county board may not designate more than one newspaper having a general circulation in the county as its official newspaper. However, the county board may direct that a particular legal notice also appear in one or more other county newspapers. 60 Atty. Gen. 95.
A county with a population of less than 250,000 is not required to designate an official newspaper. A county is not required to seek bids for the publication of legal notices. Even if a county does not competitively bid the publication of its own proceedings as provided in s. 59.14 (3), it may print its own proceedings or post them on its web site. A county may not, in lieu of publication in a printed newspaper or posting on a physical bulletin board, post its legal notices on its official web site. OAG 2-08.
2023 Wisconsin Statutes & Annotations › Chapter 985 - Publication of legal notices; public newspapers; fees. › 985.06 - Official city newspaper.

985.06
Official city newspaper.
(1)
In 2nd and 3rd class cities, the clerk shall, on or before the 2nd Tuesday of April, advertise in the official city newspaper, or if there is none, in a newspaper published in the city and eligible under s. 985.03, for separate proposals to publish in English the council proceedings and the city's legal notices, respectively, for the ensuing year, inviting bids from all daily and weekly newspapers published in such city which are eligible under s. 985.03, also stating the security required with each bid, which shall be previously fixed by the council, and requiring delivery of the bids in writing, sealed, at the clerk's office by 12 noon of the first Tuesday of May. At that hour, the clerk shall, in the presence of the mayor or an alderperson, open the bids and enter them in a record kept for that purpose. No bid from other than a newspaper legally invited to bid, or for more than the legal rate for like work, shall be of any effect. The paper making the lowest effective bid for the city's legal notices shall be awarded the contract therefor. If 2 or more effective bids are for the same price, and no lower effective bid is filed, the clerk shall transmit such tie bids to the council at its next meeting and the council shall designate the successful bid. If no effective bid is received, the council may direct the clerk to readvertise as before. Each successful bidder shall execute a contract in accordance with the bid and file such bond for its performance as the council requires. No such paper shall receive more or less than the contract price nor any other compensation for the work. The paper securing the contract for the publishing of the city's legal notices shall be the official city newspaper.
(2)
In cities of the fourth class, the council, at its first meeting or as soon as may be, shall designate one or more newspapers eligible under s. 985.03 and published in the city, if any, otherwise published in the county and having a general circulation in the city, for publication of the council proceedings and as the official city newspaper for the publication of the city's legal notices for the ensuing year. The council shall fix the price at not to exceed the legal rate for like work.
(3)
The publisher, before the claim for the publication is audited, shall file with the clerk proof of publication by affidavit of the printer or foreman, attached to a copy of the matter published, stating the date or dates of publication. Such affidavit shall be conclusive evidence of publication for the purpose of audit.
(4)
If for any reason any city is at any time without an official city newspaper, matters required to be published shall be published in a newspaper eligible under s. 985.03, designated by the council, at not more than the legal rate for like work.
History:  1993 a. 184, 491.
2023 Wisconsin Statutes & Annotations › Chapter 985 - Publication of legal notices; public newspapers; fees. › 985.07 - Classes and frequency of legal notices.

985.07
Classes and frequency of legal notices.
There shall be 3 classes of legal notices under this chapter. The designated number of insertions is the minimum required by law, and the frequency may be increased at the discretion of the requisitioning agency.
(1)
Class 1 notices. All notices designated as class 1 notices require one insertion.
(2)
Class 2 notices. All notices designated as class 2 notices require 2 insertions.
(3)
Class 3 notices.
(a)
All notices designated as class 3 notices require 3 insertions.
(b)
Any legal notice not otherwise designated shall be a class 3 notice unless the time permitted by law necessitates a class 2 or class 1 notice, except that any notice required by law on January 2, 1966, which is not otherwise designated, shall be a class 1 notice.
(4)
The classification provided herein does not apply to notices of public election or referenda or to notices governed by s. 815.31 but such notices shall be governed by the specific statutes relating thereto.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 784 (1975).
2023 Wisconsin Statutes & Annotations › Chapter 985 - Publication of legal notices; public newspapers; fees. › 985.075 - Substance of 2nd and 3rd insertions.

985.075
Substance of 2nd and 3rd insertions.
(1)
In this section, “summary” means a brief, precise, and plain-language description that can be easily understood.
(2)
Except as provided in sub. (3), when a governing body of a municipality is required by law to publish a legal notice as a class 2 notice or a class 3 notice, the governing body may, for the 2nd and 3rd insertions and in lieu of publishing the full text of the material required to be included in the first insertion of the legal notice, publish a summary of the material included in the first insertion in the same manner in which the first insertion was published. The governing body shall ensure that the summary is accompanied by a notice that the full text of the material included in the first insertion is available for viewing at all of the following locations:
(a)
As an electronic document on the governing body's Internet site.
(b)
In the newspaper in which the initial insertion was published.
(c)
As an electronic document on the Wisconsin newspapers legal notices Internet site.
(d)
In a readily accessible physical location within the municipality.
(3)
This section does not apply to a legal notice required to be published by a municipality by order of a court or to a legal notice related to court proceedings required to be published by a municipality.
History:  2017 a. 353.
2023 Wisconsin Statutes & Annotations › Chapter 985 - Publication of legal notices; public newspapers; fees. › 985.09 - Computation of time, Sundays, legal holidays.

985.09
Computation of time, Sundays, legal holidays.
(1)
The time for publication of legal notices shall be computed so as to exclude the first day of publication and include the day on which the act or event, of which notice is given, is to happen or which completes the full period required for publication.
(2)
The time within which an act is to be done or proceeding had or taken, as prescribed by the rules of procedure, shall be computed by excluding the first day and including the last; if the last day be Sunday or a legal holiday the party shall have the next secular day in which to do the act or take such proceeding.
Cross-references:  See s. 801.15 for exception as to computation of time. Also see s. 990.001 (4).
2023 Wisconsin Statutes & Annotations › Chapter 985 - Publication of legal notices; public newspapers; fees. › 985.10 - Publication on Sunday.

985.10
Publication on Sunday.
Any legal notice may be published in a newspaper printed on Sunday, and such publication is a lawful publication and a full compliance with the order of the court or officer ordering such publication; and any such notice that may, by law or the order of any court, be required to be published for any given number of weeks may be published on any day in each week of such term, and if so published as many weeks and as many times in each week as may be required by such law or order, it shall be a lawful publication thereof.
2023 Wisconsin Statutes & Annotations › Chapter 985 - Publication of legal notices; public newspapers; fees. › 985.11 - Fees and work on Sunday.

985.11
Fees and work on Sunday.
(1)
In any action to recover compensation for publication of legal notices, it shall be no defense that such publication was dated, printed or issued on the first day of the week.
(2)
In any action to recover compensation for labor performed on any newspaper, dated, published or issued on the first day of the week, it shall be no defense that such labor was performed on the first day of the week.
2023 Wisconsin Statutes & Annotations › Chapter 985 - Publication of legal notices; public newspapers; fees. › 985.12 - Proof of publication.

985.12
Proof of publication.
(1)
Affidavit of printing. The affidavit of the editor, publisher, printer or proprietor of any newspaper, or of his or her foreman or principal clerk, of the publication of any legal notice, annexed to a copy of the notice clipped from the newspaper in either hard copy or electronic format, and specifying the date of each insertion, and the paper in which it was published, shall be received in all cases as presumptive evidence of the publication and of the facts stated therein.
(2)
Time of filing. Such affidavit may be filed with the proper officer at any time after the last day of the publication of such notice, unless the filing time is otherwise specified.
(3)
Same. The affidavit of publication of any notice of a sale of real property required by law to be published may be filed, at any time within 6 months after the last day of such publication, with the register of deeds of the county in which the premises are situated.
(4)
Fee. The fee for an affidavit of publication shall be $1.
History:  1993 a. 486; 2019 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 985 - Publication of legal notices; public newspapers; fees. › 985.13 - Change of name or discontinuance of paper.

985.13
Change of name or discontinuance of paper.
(1)
Whenever a legal notice is required or ordered to be published in a particular newspaper and the name of such newspaper is changed before such publication is commenced or before it is completed, the publication shall be made or continued in the newspaper under its new name with the same effect as if the name had not been changed. The proof of the publication, in addition to other requirements, shall state the change of name and specify the period of publication in such newspaper under each name.
(2)
When a newspaper ceases to be published before the publication of a legal notice is commenced, or when commenced ceases before such publication is completed, the order for publication, when one is required in the first instance, may be amended by order of the court or judge, on proof of the fact by affidavit, so as to designate another newspaper, as may be necessary; and if no order is required in the first instance such publication may be made or completed in any other newspaper; and any time during which such notice is published in the first newspaper shall be reckoned a part of the time required for the publication thereof, proof of which may be made by affidavit of any person acquainted with the facts. The second newspaper may be one published in an adjoining county in the cases mentioned in s. 985.14.
2023 Wisconsin Statutes & Annotations › Chapter 985 - Publication of legal notices; public newspapers; fees. › 985.14 - Refusal to publish.

985.14
Refusal to publish.
When there is only one newspaper in a county and the publisher thereof refuses to publish a legal notice, such legal notice may be published in a newspaper printed in an adjoining county; and proof by affidavit of the reason why such publication was made in an adjoining county shall accompany the proof of publication, or the order for publication, when any is necessary, may be made or amended by the court or judge so as to designate a newspaper in an adjoining county, upon affidavit showing the necessity therefor. Whenever a legal notice is required by law to be published in a newspaper in any county having a village or city situated partly in said county and partly in an adjoining county where there is no newspaper printed in such village or city within the county first mentioned, but there is a newspaper published in such village or city within such adjoining county, such notice may be published in such last mentioned newspaper.
2023 Wisconsin Statutes & Annotations › Chapter 985 - Publication of legal notices; public newspapers; fees. › 985.15 - Forfeiture for refusal to publish.

985.15
Forfeiture for refusal to publish.
If the publisher or printer of a newspaper shall, after payment or tender of the publisher's or printer's legal fees therefor, refuse or willfully neglect to publish any legal notice required in pursuance of law or a lawful order of publication to be published in the publisher's or printer's newspaper, being able to make such publication, the publisher or printer shall forfeit $25, one-half to the party prosecuting therefor.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 990 - Construction of statutes. › 990.02 - Construing statutes of 1898.

990.02
Construing statutes of 1898.
(1)
All references to chapters or sections in the statutes of 1898 are to the chapters and sections of those statutes.
(2)
If the provisions of different chapters of the statutes of 1898 conflict with or contravene each other the provisions of each chapter shall prevail as to all matters and questions growing out of the subject matter of such chapter.
(3)
If conflicting provisions are found in different sections of the same chapter of the statutes of 1898 the provisions of the section which is last in numerical order shall prevail unless such construction is inconsistent with the meaning of such chapter.
History:  1979 c. 89.
2023 Wisconsin Statutes & Annotations › Chapter 990 - Construction of statutes. › 990.03 - Effect of repeals.

990.03
Effect of repeals.
(1)
No law repealed by a subsequent act of the legislature is revived or affected by the repeal of such repealing act.
(2)
The repeal of a curative or validating law does not impair or affect any cure or validation previously effected thereby.
(3)
No section, subsection or paragraph of Wisconsin Statutes is repealed or affected by the repeal of any session law from which it was in whole or in part derived.
(4)
The repeal, express or implied, of any law already repealed, expressly or by implication, does not constitute or supply a declaration or implication that such law was in force or was valid for any purpose at any time subsequent to such prior repeal.
2023 Wisconsin Statutes & Annotations › Chapter 990 - Construction of statutes. › 990.06 - Repeal or change of law limiting time for bringing actions.

990.06
Repeal or change of law limiting time for bringing actions.
In any case when a limitation or period of time prescribed in any act which shall be repealed for the acquiring of any right, or barring of any remedy, or for any other purpose shall have begun to run before such repeal and the repealing act shall provide any limitation or period of time for such purpose, such latter limitation or period shall apply only to such rights or remedies as shall accrue subsequently to the time when the repealing act shall take effect, and the act repealed shall be held to continue in force and be operative to determine all such limitations and periods of time which shall have previously begun to run unless such repealing act shall otherwise expressly provide.
Generally, legislation is presumptively prospective unless statutory language reveals an intent that the statute apply retroactively. Procedural or remedial, rather than substantive, statutes are generally given retroactive effect unless contracts would be impaired or vested rights disturbed. Statutes of limitations are substantive. Betthauser v. Medical Protective Co., 172 Wis. 2d 141, 493 N.W.2d 40 (1992).
When a statute of limitations is replaced or amended, a cause of action that has accrued prior to the effective date of the new statute or amendment is governed by the prior statute, unless the legislature specifies otherwise. A cause of action that has not accrued prior to the effective date of the new statute or amendment is governed by the new language, unless otherwise specified. State v. Hamilton, 2002 WI App 89, 253 Wis. 2d 805, 644 N.W.2d 243, 01-1014.
“Repeal" in this section includes “amendment." Poquette v. Community State Bank, 631 F. Supp. 1480 (1986).
2023 Wisconsin Statutes & Annotations › Chapter 990 - Construction of statutes. › 990.07 - Evidence.

990.07
Evidence.
The Wisconsin statutes as prepared under s. 35.18 shall be prima facie evidence in all courts and proceedings as provided by s. 889.01; but they shall not preclude reference to, nor control, in case of any discrepancy, any original act of the legislature; and the certified volumes of the Laws of Wisconsin provided for by s. 35.15 shall also and in the same degree be prima facie evidence in all courts and proceedings.
History:  1981 c. 372 s. 8; Stats. 1981 s. 990.08; 1983 a. 192 s. 287; Stats. 1983 s. 990.07; 1991 a. 39.
2023 Wisconsin Statutes & Annotations › Chapter 991 - Acts and statutes — effective date, numbering, citation and repeal. › 991.01 - When statutes in effect; laws repealed.

991.01
When statutes in effect; laws repealed.
These statutes shall take effect and go into operation on the first day of September, in the year 1898, and on and after said day the revised statutes of the year 1878 and Sanborn and Berryman's annotated statutes, except ch. 115, revised statutes of 1878, entitled “of other courts of record," which chapter as amended by the laws of 1891, 1893, 1895 and 1897 shall be unaffected by the enactment of these statutes, shall be repealed.
History:  1981 c. 390.
2023 Wisconsin Statutes & Annotations › Chapter 991 - Acts and statutes — effective date, numbering, citation and repeal. › 991.02 - Effect of section 991.01.

991.02
Effect of section 991.01.
The repeal of acts mentioned in s. 991.01 shall not revive any act heretofore repealed or superseded nor any office heretofore abolished, nor shall such repeal be construed as a declaration that any act or part of an act heretofore expressly or impliedly repealed was in force at any time subsequent to such first repeal; and all acts and parts of acts which were repealed or abrogated by or were repugnant to any of the acts above repealed shall remain repealed.
2023 Wisconsin Statutes & Annotations › Chapter 991 - Acts and statutes — effective date, numbering, citation and repeal. › 991.03 - Same.

991.03
Same.
The repeal of said acts shall not affect any act done or right accrued or established, or any proceeding, suit or prosecution had or commenced in any civil case previous to the time when such repeal shall take effect; but every such act, right or proceeding shall remain as valid and effectual as if the provision so repealed had remained in force; but the subsequent proceedings in actions or proceedings shall conform to the provisions of these revised statutes when applicable.