990.001(10)
(10) Liability of sureties. If an officer is liable on his or her official bond for any act, the sureties on the officer's bond are also liable.
990.001(11)
(11) Severability. The provisions of the statutes are severable. The provisions of any session law are severable. If any provision of the statutes or of a session law is invalid, or if the application of either to any person or circumstance is invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application.
990.001(12)
(12) Time. When time is referred to, the standard of time as provided by
s. 175.09 or
175.095, whichever is applicable, is meant.
990.001(13)
(13) Registered and certified mail. Except in
s. 345.09, whenever the statutes authorize or require the use of registered mail, and do not require a return receipt of the addressee only, certified mail may be used if a sender's receipt is obtained from the postal authorities and return receipt is requested. If a return receipt signed by addressee only is required, registered mail must be used.
990.001(14)
(14) Statutory reference to numerical series. If a statute refers to a numerical series such as 1 to 10, the reference includes both the first and last number mentioned.
990.001(15)
(15) Statutory reference to a class of city. If a statute refers to a class of city specified under
s. 62.05 (1), such reference does not include any city with a population which makes the city eligible to be in that class unless the city has taken the actions necessary to pass into the class under
s. 62.05 (2).
990.001(16)
(16) Degrees of kinship. The degree of kinship is computed according to the rules of the civil law, as follows: [See Figure 990.001 (16) following]
Figure: 990.001 (16)
990.001 Note
NOTE: Chapter 89, laws of 1979, which created (5) (b), has a prefatory note by the legislative council which includes a discussion on cross-references.
990.001 Annotation
Cross-references: See s. 401.109 for provision that section titles are part of the commercial code notwithstanding s. 990.001 (6).
990.001 Annotation
As to sub. (4), see s. 801.15 for exception as to computation of time. Also see s. 985.09 (2).
990.001 Annotation
Unless a statute is so vague and uncertain that it is impossible to execute it or to ascertain the legislative intent with reasonable certainty, it is valid. Forest Home Dodge, Inc. v. Karns,
29 Wis. 2d 78,
138 N.W.2d 214.
990.001 Annotation
When the legislature enacts a statute, which through clerical error, refers to and by its terms amends a preexisting statute that had earlier in the same legislative session been renumbered, and there is no issue as to the legislative intent and no doubt that correcting the clerical error in numbering is the only means of having the statute serve the purpose intended, a court is duty bound to rectify the error and substitute the right number for the wrong number used in the statute. State ex rel. Gutbrod v. Wolke,
49 Wis. 2d 736,
183 N.W.2d 161.
990.001 Annotation
The general rule is that a specific penalty prescribed by a special statute for a particular offense takes precedence over a general provision in a penal code. State ex rel. Gutbrod v. Wolke,
49 Wis. 2d 736,
183 N.W.2d 161.
990.001 Annotation
If a statute imposes a punishment for the commission of an act, this is sufficient to make the act a crime. State ex rel. Gutbrod v. Wolke,
49 Wis. 2d 736,
183 N.W.2d 161.
990.001 Annotation
Statutory construction requires that a law be construed so that no word or clause is surplusage. Johnson v. State,
76 Wis. 2d 672,
251 N.W.2d 834.
990.001 Annotation
When limitation period would otherwise expire on legal holiday, s. 990.001 (4) (b) permits commencement of the action on the next secular day. Cuisinier v. Sattler,
88 Wis. 2d 654,
277 N.W.2d 776 (1979).
990.001 Annotation
When a statute is written in objective terms not susceptible to more than one meaning, the subjective intent of lawmakers is not controlling. State v. Derenne,
102 Wis. 2d 38,
306 N.W.2d 12 (1981).
990.001 Annotation
Registered mail serves the purpose of certified mail to an even greater degree. Patterson v. Board of Regents,
103 Wis. 2d 358,
309 N.W.2d 3 (Ct. App. 1981).
990.001 Annotation
Under s. 990.001 (5) (b) and the rule of strict construction of penal statutes, the legislature implied repeal of s. 940.29 (9), 1979 stats., when it repealed s. 146.32 (2), 1973 stats. State v. Christensen,
110 Wis. 2d 538,
329 N.W.2d 382 (1983).
990.001 Annotation
When a contemporaneous report or other document from a non-legislative agency or private party forms a vital link in the chain of legislative history of a statute, it may be used to determine legislative intent. Ball v. District No. 4, Area Board,
117 Wis. 2d 529,
345 N.W.2d 389 (1984).
990.001 Annotation
A court may consider titles of statutes to resolve doubt as to statutory meaning. In Interest of C.D.M.
125 Wis. 2d 170,
370 N.W.2d 287 (Ct. App. 1985).
990.001 Annotation
A reference in to a general federal law as amended necessarily references current federal law when the act named in the state statute had been repealed and the law rewritten in another act. When a reference is stated as part of a contingency, it does not constitute unlawful delegation of legislative authority to the U.S. Congress. Dane County Hospital & Home v. LIRC,
125 Wis. 2d 308,
371 N.W.2d 815 (Ct. App. 1985).
990.001 Annotation
An unconstitutional clause was severable under (11). Wis. Wine & Spirit Institute v. Ley,
141 Wis. 2d 958,
416 N.W.2d 914 (Ct. App. 1987).
990.001 Annotation
Subs. (4) (a) and (d) apply to statutes of limitations; the day upon which a cause of action accrues is not included in computing the period of limitation. Pufahl v. Williams,
179 Wis. 2d 104,
506 N.W.2d 747 (1993).
990.001 Annotation
It is presumed that the legislature knows the case law in existence at the time it changes a statute. When a legislative act has been construed by an appellate court, the legislature is presumed to know that in the absence of the legislature explicitly changing the law, the court's interpretation will remain unchanged. Blazekovic v. City of Milwaukee,
225 Wis. 2d 837,
593 N.W.2d 809 (Ct. App.1999).
990.001 Annotation
It is impermissible to apply rules of statutory construction to ascertain legislative intent when the legislation is clear on its face. Jones v. State,
226 Wis. 2d 565,
594 N.W.2d 738 (1999).
990.001 Annotation
Procedural statues are to be liberally construed so as to permit a determination upon the merits of the controversy if possible. DOT v. Peterson,
226 Wis. 2d 623,
594 N.W.2d 765 (1999).
990.001 Annotation
When statutory language is ambiguous, the scope, history, context, subject matter, and object of the statute will be examined to determine the intent of the legislature.. State v. Reitter,
227 Wis. 2d 213,
595 N.W.2d 646 (1999).
990.001 Annotation
When an ambiguity exists regarding the specific party to be served, procedural statutes must be construed liberally to achieve determination of the merits of the controversy, if such construction is possible. McDonnough v. DWD,
227 Wis. 2d 271,
595 N.W.2d 686 (1999).
990.001 Annotation
The purpose of legislative interpretation is to discern the intent of the legislature, first considering the language of the statute. If the statue clearly and unambiguously sets forth the legislative intent, the court does not look beyond the statute to find the statute's meaning. In construing a statute, all words and phrases should be construed according to common and approved usage unless a different definition is designated by statute. Resort to a dictionary may be made to ascertain the common and ordinary usage of an undefined term. Resort to a dictionary does not render a term ambiguous. State v. Curiel,
227 Wis. 2d 389,
597 N.W.2d 697 (1999).
990.001 Annotation
If the potential for conflict between 2 statutes exists, they will be read to avoid the conflict if a reasonable construction so permits. Providence Catholic School v. Bristol School District No. 1,
231 Wis. 2d 159,
605 N.W.2d 238 (Ct. App. 1999).
990.001 Annotation
The rule of strict construction of penal statutes does not apply unless a statute is ambiguous, and the rule cannot be used to circumvent the purpose of the statute. The rule is not a rule of general or universal application. Sometimes a strict and sometimes a liberal construction is required, even in respect to a penal law because the purpose of all construction is to carry out the legislative purpose. State v. Kittlstad,
231 Wis. 2d 245,
603 N.W.2d 732 (Ct. App. 1999).
990.001 Annotation
If a statute contains a given provision, the omission of that provision from a similar statute concerning a related subject is significant in showing that a different intention existed. Outagamie County v. Town of Greenville, 2000 WI App 65,
233 Wis. 2d 566,
608 N.W.2d 414.
990.001 Annotation
Although courts may not look to legislative history to show that an unambiguous statute is ambiguous, there is no rule that the history cannot be used to reinforce that a statute plain on its face is unambiguous. Seider v. O'Connell, 2000 WI 76, 236 Wis.2d 211,
612 N.W.2d 659.
990.001 Annotation
When words are associated, they generally should ordinarily be understood in the same general sense. State ex rel. Speener v. Gudmanson, 2000 WI 78,
234 Wis. 2d 461,
610 N.W.2d 136.
990.001 Annotation
A required tax payment may be made on the next secular day when July 31 is on Saturday and office hours are unofficial. 60 Atty. Gen. 411.
990.001 Annotation
Computing time in tort statutes of limitation. Ghiardi, 64 MLR 575 (1981).
990.001 Annotation
Researching legislative intent in Wisconsin: A suggested procedure. Nispel. WBB April 1983.
990.001 Annotation
Computing Time. Ghiardi. Wis. Law. March 1993.
990.001 Annotation
Legislative History: The Philosophies of Justices Scalia and Breyer and the Use of Legislative History by the Wisconsin State Courts. Dortzbach. 80 MLR 161 (1997).
990.01
990.01
Construction of laws; words and phrases. In the construction of Wisconsin laws the words and phrases which follow shall be construed as indicated unless such construction would produce a result inconsistent with the manifest intent of the legislature:
990.01(1)
(1) General rule. All words and phrases shall be construed according to common and approved usage; but technical words and phrases and others that have a peculiar meaning in the law shall be construed according to such meaning.
990.01(2)
(2) Acquire. "Acquire," when used in connection with a grant of power to any person, includes the acquisition by purchase, grant, gift or bequest. It includes the power to condemn in the cases specified in
s. 32.02.
990.01(3)
(3) Adult. "Adult" means a person who has attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, "adult" means a person who has attained the age of 17 years.
990.01(4)
(4) Bequest and bequeath. "Bequest" includes a devise; "bequeath" includes devise.
990.01(5)
(5) Chiropractor. "Chiropractor" means a person holding a license issued by the chiropractic examining board.
990.01(5g)
(5g) Communicable disease. "Communicable disease" means any disease that the department of health and family services determines, by rule, to be communicable in fact.
990.01(5r)
(5r) Controlled access highway. "Controlled access highway" means a highway on which abutting property owners have no right or only a limited right of direct access and on which the type and location of all access connections are determined and controlled by the highway authorities.
990.01(6)
(6) County board. "County board" means the county board of supervisors.
990.01(7)
(7) Executor. "Executor," in statutes relating to probate proceedings, includes an administrator with the will annexed.
990.01(7a)
(7a) Express highway or expressway. An express highway or expressway is a divided arterial highway for through traffic with "full" or "partial" control of access and generally with grade separations at intersections. "Full" control of access means that the authority to control access is exercised to give preference to through traffic by providing access connections with selected public roads only and by prohibiting crossings at grade or direct private driveway connections. "Partial" control of access means that the authority to control access is exercised to give preference to through traffic to a degree that, in addition to access connections with selected public roads, there may be some crossings at grade and some private driveway connections.
990.01(7g)
(7g) Fire chief. "Fire chief" or "chief of a fire department" includes the chief of a department under
s. 61.66.
990.01(7m)
(7m) Fire department. "Fire department" includes a department under
s. 61.66.
990.01(7r)
(7r) Fire fighter. "Fire fighter" includes a person serving under
s. 61.66.
990.01(8)
(8) Folio. "Folio" means 100 words or figures. Any fraction of a folio shall be paid for as a full folio.
990.01(9)
(9) Following. "Following," when used by way of reference to any statute section, means the section next following that in which the reference is made.
990.01(9a)
(9a) Freeway. "Freeway" means a highway with full control of access and with all crossroads separated in grade from the pavements for through traffic.
990.01(10)
(10) Grantor and grantee. "Grantor" includes every person from or by whom any freehold estate or interest passes in or by any deed; and "grantee" includes every person to whom any such estate or interest passes in like manner.
990.01(11)
(11) Heretofore and hereafter. "Heretofore" means any time previous to the day on which the statute containing it takes effect; "hereafter" means the time after the statute containing such word takes effect.
990.01(12)
(12) Highway. "Highway" includes all public ways and thoroughfares and all bridges upon the same.
990.01(13)(a)(a) The word "homestead" means the dwelling and so much of the land surrounding it as is reasonably necessary for use of the dwelling as a home, but not less than one-fourth acre, if available, and not exceeding 40 acres.
990.01(13)(b)
(b) Any amendment of a homestead statute shall not affect liens of creditors attaching nor rights of devisees or heirs of persons dying prior to the effective date of the amendment.
990.01(14)
(14) Homestead exemption. "Exempt homestead" means the dwelling, including a building, condominium, mobile home, house trailer or cooperative, and so much of the land surrounding it as is reasonably necessary for its use as a home, but not less than 0.25 acre, if available, and not exceeding 40 acres, within the limitation as to value under
s. 815.20, except as to liens attaching or rights of devisees or heirs of persons dying before the effective date of any increase of that limitation as to value.
990.01(15)
(15) Inhabitant. "Inhabitant" means a resident.
990.01(16)
(16) Insane persons. "Insane persons" include every idiot, non compos, lunatic and distracted person.
990.01(17)
(17) Issue. "Issue," as applied to descent of estate, includes all the lawful descendants of the ancestor.
990.01(17m)
(17m) Judge. "Judge" does not include a municipal judge, except as provided in
ch. 755.
990.01(18)
(18) Land. "Land" includes lands, tenements and hereditaments and all rights thereto and interests therein.
990.01(19)
(19) Legacy, legatee. "Legacy" includes a devise; "legatee" includes a devisee.
990.01(19g)
(19g) Licensed practical nurse. "Licensed practical nurse" includes a licensed practical/vocational nurse who is licensed in a party state, as defined in
s. 441.50 (2) (j).
990.01(19m)
(19m) Marital child. "Marital child" means either of the following:
990.01(19m)(a)
(a) A child who is conceived or born while his or her parents are lawfully intermarried.
990.01(19m)(b)
(b) A nonmarital child who is adopted or whose parents subsequently intermarry under
s. 767.60.
990.01(20)
(20) Minor. "Minor" means a person who has not attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, "minor" does not include a person who has attained the age of 17 years.
990.01(21)
(21) Month. "Month" means a calendar month unless otherwise expressed.
990.01(22)
(22) Municipality. "Municipality" includes cities and villages; it may be construed to include towns.
990.01(23)
(23) Nighttime. "Nighttime," used in any statute, ordinance, indictment or information, means the time between one hour after sunset on one day and one hour before sunrise on the following day; and the time of sunset and sunrise shall be ascertained according to the mean solar time of the ninetieth meridian west from Greenwich, commonly known as central time, as given in any almanac.
990.01(23m)
(23m) Nonmarital child. "Nonmarital child" means a child who is neither conceived nor born while his or her parents are lawfully intermarried, who is not adopted and whose parents do not subsequently intermarry under
s. 767.60.
990.01(23q)
(23q) Nurse. "Nurse", "nurse licensed under
ch. 441" and any reference to an individual who is registered or licensed under
ch. 441 include a registered nurse or licensed practical/vocational nurse who is licensed in a party state, as defined in
s. 441.50 (2) (j).
990.01(24)
(24) Oath. "Oath" includes affirmation in all cases where by law an affirmation may be substituted for an oath. If any oath or affirmation is required to be taken such oath or affirmation shall be taken before and administered by some officer authorized by the laws of this state to administer oaths, at the place where the same is required to be taken or administered, unless otherwise expressly directed, and, when necessary, duly certified by such officer. If an oath is administered it shall end with the words "so help me God". In actions and proceedings in the courts, a person may take an oath or affirmation in communication with the administering officer by telephone or audiovisual means.
990.01(25)
(25) Officers. "Officers" when applied to corporations include directors and trustees.
990.01(25g)
(25g) Optical disk. "Optical disk" means a rotating circular plate on which information or images are placed in storage, and which is recorded and read by laser beams focused on the plate.
