CHAPTER 990
CONSTRUCTION OF STATUTES
990.001 Construction of laws; rules for.
990.01 Construction of laws; words and phrases.
990.02 Construing statutes of 1898.
990.03 Effect of repeals.
990.04 Actions pending not defeated by repeal of statute.
990.06 Repeal or change of law limiting time for bringing actions.
990.08 Citation of supreme court rules.
990.001
990.001
Construction of laws; rules for. In construing Wisconsin laws the following rules shall be observed unless construction in accordance with a rule would produce a result inconsistent with the manifest intent of the legislature:
990.001(1)
(1) Singular and plural. The singular includes the plural, and the plural includes the singular.
990.001(2)
(2) Gender. Words importing one gender extend and may be applied to any gender. Any person who by statute, rule or ordinance is designated a chairman, alderman or other similar title may use another equivalent title such as, in the case of a chairman, "chair", "chairperson", "chairwoman" or other such appropriate title.
990.001(3)
(3) Tenses. The present tense of a verb includes the future when applicable. The future perfect tense includes past and future tenses.
990.001(4)(a)(a) The time within which an act is to be done or proceeding had or taken shall be computed by excluding the first day and including the last; and when any such time is expressed in hours the whole of Sunday and of any legal holiday, from midnight to midnight, shall be excluded.
990.001(4)(b)
(b) If the last day within which an act is to be done or proceeding had or taken falls on a Sunday or legal holiday the act may be done or the proceeding had or taken on the next secular day.
990.001(4)(c)
(c) When the last day within which a proceeding is to be had or taken or an act done, which consists of any payment to or the service upon or the filing with any officer, agent, agency, department or division of the state or of any county, city, village, town, school district or other subdivision of the state, of any money, return, statement, report, notice or other document, falls on a Saturday and the duly established official office hours of such officer, agent, agency, department or division to which such payment is to be made or upon which such service is to be made or with which such return, statement, report, notice or other document is required to be filed, do not include any office hours thereof on such Saturday, said proceeding may be had or taken or such act may be done on the next succeeding day that is not a Sunday or a legal holiday.
990.001(4)(d)
(d) Regardless of whether the time limited in any statute for the taking of any proceeding or the doing of an act is measured from an event or from the date or day on which such event occurs, the day on which such event took place shall be excluded in the computation of such time.
990.001(4)(e)
(e) "Legal holiday" as used in this section means any statewide legal holiday provided in
s. 895.20. When an act is permitted to be done by the use of the postal service, and the last day within the time prescribed by law for performing such act falls on a legal public holiday under federal law, or other holiday designated by the president such that the postal service does not receive registered mail or make regular deliveries on that day, the day shall be considered a legal holiday for purposes of this section.
990.001(5)(a)(a) If a statute refers, by number, to a group of chapters, sections, subsections or paragraphs of the statutes, the reference includes both the first and the last numbers mentioned.
990.001(5)(b)
(b) When a decimal-numbered statute of this state contains a reference to another decimal-numbered statute of this state, the reference is to the current text of the statute referenced, and includes any change that has been inserted into and any interpretation or construction that has been adopted with respect to the referenced statute since the reference was first incorporated into the statute, whether or not the referenced statute is a general, specific, substantive or procedural statute. When a decimal-numbered statute refers to another decimal-numbered statute in a specific prior edition of the Wisconsin statutes, the reference does not include subsequent changes to the statute referenced.
990.001(6)
(6) Statute titles and history notes. The titles to subchapters, sections, subsections, paragraphs and subdivisions of the statutes and history notes are not part of the statutes.
990.001(7)
(7) Construction of revised statutes. A revised statute is to be understood in the same sense as the original unless the change in language indicates a different meaning so clearly as to preclude judicial construction. If the revision bill contains a note which says that the meaning of the statute to which the note relates is not changed by the revision, the note is indicative of the legislative intent.
990.001(8)
(8) Joint authority, how exercised. All words purporting to give a joint authority to 3 or more public officers or other persons shall be construed as giving such authority to a majority of such officers or other persons.
990.001(8m)
(8m) Quorum. A quorum of a public body is a majority of the number of members fixed by law.
990.001(9)
(9) Acts by agents. If a statute requires an act to be done which may legally be done by an agent, such requirement includes all such acts when done by an authorized agent.
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 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 W (2d) 78, 138 NW (2d) 214.
990.001 Annotation
Where the legislature enacts a statute which through clerical error refers to and by its terms amends a preexisting statute which 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 W (2d) 736, 183 NW (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; hence 161.30 (12), Stats. 1969, prescribing a penalty for violation of 161.30, ranging from one year to life imprisonment is a specific penalty provision and takes precedence over 161.20, a general penalty provision permitting maximum punishment of not more than 3 years for offenses defined in ch. 161. State ex rel. Gutbrod v. Wolke, 49 W (2d) 736, 183 NW (2d) 161.
990.001 Annotation
Where 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 W (2d) 736, 183 NW (2d) 161.
990.001 Annotation
See note to 893.01, citing Cuisinier v. Sattler, 88 W (2d) 654, 277 NW (2d) 776 (1979).
990.001 Annotation
When statute is written in objective terms not susceptible to more than one meaning, subjective intent of lawmakers is not controlling. State v. Derenne, 102 W (2d) 38, 306 NW (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 W (2d) 358, 309 NW (2d) 3 (Ct. App. 1981).
990.001 Annotation
Sender's receipt need not be postmarked. Trojan v. Board of Regents, 104 W (2d) 277, 311 NW (2d) 586 (1981).
990.001 Annotation
See note to 51.20, citing State ex rel. Lockman v. Gerhardstein, 107 W (2d) 325, 320 NW (2d) 27 (Ct. App. 1982).
990.001 Annotation
Under 990.001 (5) (b) and rule of strict construction of penal statutes, legislature implied repeal of s. 940.29 (9), 1979 stats., when it repealed s. 146.32 (2), 1973 stats. State v. Christensen, 110 W (2d) 538, 329 NW (2d) 382 (1983).
990.001 Annotation
See note to s. 801.15, citing In Matter of Petition of Elec. Power Co. 110 W (2d) 649, 329 NW (2d) 186 (1983).
990.001 Annotation
When contemporaneous report or other document from non-legislative agency or private party forms vital link in chain of legislative history of statute, it may be used to determine legislative intent. Ball v. District No. 4, Area Board, 117 W (2d) 529, 345 NW (2d) 389 (1984).
990.001 Annotation
See note to 807.01, citing White v. General Cas. Co. of Wisconsin, 118 W (2d) 433, 348 NW (2d) 614 (Ct. App. 1984).
990.001 Annotation
Court may consider titles of statutes to resolve doubt as to statutory meaning. In Interest of C.D.M. 125 W (2d) 170, 370 NW (2d) 287 (Ct. App. 1985).
990.001 Annotation
See note to Art. IV, sec. 1, citing Dane County Hospital & Home v. LIRC, 125 W (2d) 308, 371 NW (2d) 815 (Ct. App. 1985).
990.001 Annotation
Unconstitutional clause was severable under (11). Wis. Wine & Spirit Institute v. Ley, 141 W (2d) 958, 416 NW (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 W (2d) 104, 506 NW (2d) 747 (1993).
990.001 Annotation
Second tax payment may be made next secular day when July 31 is on Saturday and office hours 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.
990.01
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.
