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.
990.001 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(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(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.
990.01(25r)
(25r) Optical imaging. "Optical imaging" means transferring to a format employing an optical disk.
990.01(26)
(26) Person. "Person" includes all partnerships, associations and bodies politic or corporate.
990.01(27)
(27) Personal property. "Personal property" includes money, goods, chattels, things in action, evidences of debt and energy.
990.01(28)
(28) Physician, surgeon or osteopath. "Physician," "surgeon" or "osteopath" means a person holding a license or certificate of registration from the medical examining board.
990.01(28g)
(28g) Police chief. "Police chief" or "chief of a police department" includes the chief of a department under
s. 61.66.
990.01(28m)
(28m) Police department. "Police department" includes a department under
s. 61.66.
990.01(28r)
(28r) Police officer. "Police officer" includes a person serving under
s. 61.66.
990.01(29)
(29) Population. "Population" means that shown by the most recent regular or special federal census.
990.01(30)
(30) Preceding. "Preceding," when used by way of reference to any statute section, means the section next preceding that in which the reference is made.
990.01(30m)
(30m) Promulgate. "Promulgate", when used in connection with a rule, as defined under
s. 227.01 (13), means to repeal; renumber; consolidate, renumber and amend; renumber and amend; amend; repeal and recreate; or create.
990.01(31)
(31) Property. "Property" includes real and personal property.
990.01(32)
(32) Publication. "Publication" in a newspaper of any notice or other matter indicated to be for a stated number of weeks means one insertion each week, unless specifically stated to be for more than one day in each week.
990.01(33)
(33) Qualified. "Qualified", when applied to any person elected or appointed to office, means that such person has done those things which the person was by law required to do before entering upon the duties of the person's office.
990.01(34)
(34) Railroad corporation. "Railroad corporation" and "railroad company" include any person managing, maintaining, operating or in possession of a railroad, whether as owner, contractor, lessee, mortgagee, trustee, assignee or receiver.
990.01(35)
(35) Real estate or real property. "Real estate" or "real property" includes lands, tenements and hereditaments and all rights thereto and interests therein.
990.01(36)
(36) Recorded. If any instrument is required to be recorded by any officer or in any office it must be recorded in a suitable book kept for that purpose unless otherwise expressly directed.
990.01(37)
(37) Seal. Except for the sealing of instruments by persons required to have and use official seals, "seal" includes the word "seal", the letters "L S" and a scroll or other device intended to represent a seal, if any is affixed in the proper place for a seal, as well as an impression of a seal on the instrument. An instrument executed in the corporate name, by the proper officers of a corporation, under any seal is sealed even though the corporate seal is not used. If the seal of any court or public officer is required to be affixed to any paper issuing from such court or officer "seal" includes an impression of such official seal made upon the paper alone.
990.01(38)
(38) Signature. If the signature of any person is required by law it shall always be the handwriting of such person or, if the person is unable to write, the person's mark or the person's name written by some other person at the person's request and in the person's presence.
Effective date note
NOTE: Sub. (38) is amended eff. 7-1-99 by
1997 Wis. Act 306 to read:
Effective date text
(38) Signature. If the signature of any person is required by law it shall always be the handwriting of such person or, if the person is unable to write, the person's mark or the person's name written by some other person at the person's request and in the person's presence, or, subject to any applicable requirements under subch. II of ch. 137, the electronic signature of the person.
990.01(40)
(40) State. "State," when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress.
