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Q&A |
A sampling of questions received by the LRB Reference Section. Check back frequently for new information. For FAQs about the Wisconsin Legislature and the legislative process, see www.legis.wisconsin.gov/ |
QWhere would I find all the information governing the Managed Forest Law Program?
AThe tax laws governing the Managed Forest Land program can be found in Sections 77.80 through 77.91, Wisconsin Statutes, and NR 46.15 through NR 46.26 of the Administrative Code. The Wisconsin DNR has several web pages that may be of help (see left hand column links under “Managed Forest Law”), as well as a publication titled "Wisconsin's Managed Forest Law."
QWhen a car is going to enter onto the highway/interstate using the on ramp and there are cars already on the highway/interstate in the lane that connects to that on ramp, who has the right-of-way, the car already on the freeway or the car that is trying to enter it?
AGeneral rules of right-of-way are described in statute section 346.18. The Wisconsin Department of Transportation’s Motorist’s Handbook (page 39) gives the following advice:
“Entering traffic: When you merge with traffic, try to enter at the same speed that traffic is moving. High-speed roadways generally have ramps to give you time to build up your speed. Use the ramp to reach the speed of other vehicles before you merge into traffic. Do not drive to the end of the ramp and stop or you will not have enough room to get up to the speed of traffic. Also, drivers behind you will not expect you to stop. If they are watching the traffic on the main road, you may be hit from the rear. If you have to wait for space to enter a roadway, slow down on the ramp so you have some room to speed up before you have to merge. You must yield to traffic already moving on the roadway. It is illegal to cross the solid white line and merge early.”
QWhat are the differences between Wisconsin's domestic partnership registry and California’s?
AWISCONSIN - One major difference between the two registries is that California basically extends all of the state-level rights and responsibilities of marriage to domestic partners.
Wisconsin provides certain rights and benefits to domestic partners.
We recently answered a question from a patron who wanted to know the total number of rights/privileges in the statutes that relate to married couples, and how many of these rights are granted to domestic partners by 2009 Wisconsin Act 28. We found that there is no “official” count of such rights. Budget Issue Paper #391, published by the Legislative Fiscal Bureau, provides some insight into the issue. On Page 6 is Table 1, which lists 27 "Areas of Domestic Partner Rights" in 2009 AB-75. On Page 7 is Table 2, which lists 22 "Selected Areas of Law Not Affected by Domestic Partner Provisions of AB-75." Table 2 also lists statute chapters associated with these subject areas. See Attachment 1 in the paper for a complete description of the Governor’s provisions. See Attachment 2 in for discussion of the Wisconsin Constitution’s marriage amendment.
More information on California’s domestic partner registry can be found on the Secretary of State’s Web Site (Domestic Partners Registry Main Page, Frequently Asked Questions about California’s Domestic Partnership Registry).
NATIONAL - The National Conference of State Legislatures (NCSL) updated a state-by-state comparative analysis of same sex marriage, civil unions, and domestic partnerships this month. For a chart summarizing civil unions/domestic partnership state statutes, including California’s, click here.
QWhen did Wisconsin establish special elections to fill a vacancy for United States Senator from Wisconsin?
AChapter 647, Laws of 1957, provided for a temporary appointment by the governor, and the appointee would serve as U.S. Senator until a regular primary and general election cycle, either the next September primary and November general election if the vacancy occurred before 60 days prior to the second Tuesday in July of an even-numbered year, or the primary and general election two years hence if the vacancy occurred after that deadline. (If the next general election would have ordinarily been for the full six-year term anyway, the appointed Senator would simply complete the unexpired term.)
1985 Wisconsin Act 304 established the possibility of a special election to fill a U.S. Senate vacancy, completely eliminating the interim appointment by the governor, leaving the seat empty until after an election. Current law provides that a vacancy that occurs between the second Tuesday in May and the second Tuesday in July in an even-numbered year will be filled at the regular September primary and November general election. Otherwise, the seat is filled in a special election. For the current law, see Sections 8.50 and 17.18, Wisconsin Statutes.
QCan landlords charge pet fees for service dogs and do service dogs need to be certified to override the fee?
AAccording to federal fair housing laws, landlords are required to allow reasonable accommodations for tenants with disabilities. Service animals should not be considered as pets, and therefore, landlords may not prohibit a service animal from living in the unit or charge the tenant extra rent or deposit. The tenant may be required to provide a note from a physician that verifies the service animal is needed as an accommodation to the person with the disability, but the animal need not be a certified service animal.
The U.S. Department of Housing and Urban Development (HUD) has publications available about fair housing and can direct you to local fair housing resources. You can also visit HUD’s Fair Housing and Equal Opportunity (FHEO) Web site for more information.
QAre there any states that prohibit text messaging while driving?
AAccording to the Web site of the Governor's Highway Safety Association, 7 states (Alaska, California, Connecticut, Louisiana, Minnesota, New Jersey, and Washington) and the District of Columbia have a text messaging ban for all drivers. In addition, 9 states prohibit text messaging by novice drivers and 6 states legally restrict school bus drivers from texting while driving.
QAre studded tires legal in Wisconsin?
A Section 347.45, Wisconsin Statutes, generally prohibits the use of studded tires, but provides exceptions for authorized emergency vehicles, school buses, vehicles used to deliver mail, and out-of-state vehicles passing through this state over a period of not more than 30 days. When allowed for those uses, the studs must not project more than one-eighth inch beyond the tread surface of the tire, and may be used on those specified vehicles only during November 15-April 1.
Tire chains may be used on any vehicle when required for safety because of snow, ice or other conditions tending to cause a vehicle to skid.
QAre snow removal services subject to Wisconsin sales tax?
AAlthough many landscaping contractors offer snowplowing and snow removal services during the winter season, Wisconsin Department of Revenue Publication 210, Sales and Use Tax Treatment of Landscaping, specifically lists "plowing or removing snow" as a service that is not considered landscaping or lawn maintenance, and not subject to Wisconsin sales tax.
QWhen was the last time each party had a majority in both houses of the legislature, and held the governor's office?
AThe last time the Democrats controlled both houses of the legislature and there was a Democratic governor was the 1985 Legislative Session, when the Democrats held a 19-14 majority in the Senate, and a 53-47 majority in the Assembly. Democrat Tony Earl was the governor at that time.
The last time the Republicans controlled both houses of the legislature and there was a Republican governor was the 1969 Legislative Session, when the Republicans held a 23-10 majority in the Senate, and a 52-48 majority in the Assembly. Republican Warren Knowles was the governor at that time.
QWhen was the last time a third party candidate was elected to the Wisconsin Legislature?
AThe last time a third party candidate was elected to the Wisconsin Legislature was in 1944. There were six Progressives in the 1945 Assembly and one in the 1947 Senate (elected in 1944).
QWhere can I find laws regarding marrying a second cousin?
AMarriage laws can be found in Chapter 765 of the Wisconsin Statutes. Section 765.03 addresses marriage to 2nd cousins.
765.03 Who shall not marry; divorced persons. (1) No marriage shall be contracted while either of the parties has a husband or wife living, nor between persons who are nearer of kin than 2nd cousins except that marriage may be contracted between first cousins where the female has attained the age of 55 years or where either party, at the time of application for a marriage license, submits an affidavit signed by a physician stating that either party is permanently sterile. Relationship under this section shall be computed by the rule of the civil law, whether the parties to the marriage are of the half or of the whole blood. A marriage may not be contracted if either party has such want of understanding as renders him or her incapable of assenting to marriage.
QWhat is state law on employers allowing employees to vote?
ASection 6.76, Wisconsin Statutes, reads as follows:
6.76 Time off for voting.
(1) Any person entitled to vote at an election is entitled to be absent from work while the polls are open for a period not to exceed 3 successive hours to vote. The elector shall notify the affected employer before election day of the intended absence. The employer may designate the time of day for the absence.
(2) No penalty, other than a deduction for time lost, may be imposed upon an elector by his or her employer by reason of the absence authorized by this section.
(3) This section applies to all employers including the state and all political subdivisions of the state and their employees, but does not affect the employees' right to holidays existing on June 28, 1945, or established after that date.
QI live in Minnesota and I am in the process of working toward my license as an LMFT. What are the educational, clinical hours, and other experience qualifications for becoming an LMFT in Wisconsin?
AIn Wisconsin, regulation of marriage and family therapists is overseen by the Department of Regulation and Licensing (DRL). The DRL has a section on its Web sit devoted to regulations involving LMFTs. Specifically, a link on the left side of the page, Practice FAQs, should answer your questions.
QIn Wisconsin, can you return alcohol to the place it was purchased if it wasn't opened?
AUnless a product is defective or was misrepresented by the seller, there are no state or federal laws requiring retailers to take returns. Because of this, returns are governed by each individual store's return policy, so check with the store where the alcohol was purchased to see if it can be returned.
QI called my current telephone provider to cancel my telephone service to go with another provider and was told they would not release my phone number to other provider. Is there was some kind of law that says I can carry my number to another provider as long as the area code is the same?
AThe Federal Communications Commission Web site has information on keeping your phone number when changing telephone service. There are also links on their Web site for filing a complaint with the FCC.
QI am researching a punt gun in the Wisconsin Historical Society Collections. If possible, I would like to find out when this ban went into effect. Other important restrictions on market hunting were a prohibition on exporting game beyond state borders (in effect by 1899) and a ban on spring shooting (enacted between 1899 and 1902). If possible, can you tell me when these two laws became official?
A The current prohibition on punt guns can be found in the Wisconsin Administrative Code, under NR 10.12 (5) (a), relating to prohibited methods for migratory game bird hunting. This regulation has existed since 1956, and specifically uses the term “punt gun” beginning September 1985, effective October 1, 1985. However, the Wisconsin Statutes appear to have first prohibited the use of a “punt gun” in the 1871 Revised Statutes, using that term in Chapter 183, sec. 37, on page 1960. This language was created by Chapter 105, Laws of 1870.
Fish and game regulations have been part of the Wisconsin Statutes since the 1858 edition, but the game laws that would have been in force around 1887 are probably best represented in Sections 4565b through 4567a of the 1889 Revised Statutes. (The statutes were not printed at a regular interval until 1911.)
Regarding the exportation of game beyond state borders and bans on spring shooting, section 4565 of the 1878 Revised Statutes appears to cover both issues for the first time.
It should be noted that fish and game laws were also covered under local laws in some areas, and are cited in the annotations of the early statute books.
QI would like to know what is the first year of operation of the ethic committee in your legislature?
AThe Ethics committee we think you are referring to is called the Ethics Board. Chapter 90, Laws of 1973, created the Ethics Board to administer the ethics code created by the act.
The Ethics Board administers the Code of Ethics for State Public Officials and Wisconsin’s lobbying law. The Ethics Board was renamed in 2007 to the Government Accountability Board (which you will notice on their Web site). Our bureau published a brief on this recent change.
QIs there a statute requiring dump trucks to cover their loads so the material they are hauling does not blow out and cause hazards to other motorists?
ASection 348.10 (2), Wisconsin Statutes, provides:
348.10 Special limitations on load.
(2) No person shall operate a vehicle on a highway unless such vehicle is so constructed and loaded as to prevent its contents from dropping, sifting, leaking or otherwise escaping therefrom.
QWhat federal laws/rules or state legislation authorized the relocation of Hmong refugees to Wisconsin?
AThe Hmong first resettled in Wisconsin in 1975-76. They were a part of the thousands of Indochinese refugees that fled Southeast Asia after the Vietnam War. (Indochinese was the term used to label different Southeast Asian ethnicities involved in the Vietnam conflict including Vietnamese, Laotian, Cambodian, and Hmong). Federal legislation that authorized the resettlement of Indochinese refugees for this initial wave was the Indochina Migration and Refugee Assistance Act (HR 6755/Public Law 94-23) that became law on May 23, 1975.
The latest refugee wave from the US Cold War involvement in Indochina was in 2004. Over 15,000 Hmong refugees were resettled in the US from a refugee compound in Thailand called Wat Tham Krabok. In Wisconsin, a Hmong Resettlement Task Force was created on July 1, 2004, in anticipation of approximately 3,200 of these refugees resettling in the state. The task force website contains a lot of information on this most recent resettlement program, including a final report to Governor Doyle.
For more detailed information on Hmong Resettlement and the US refugee resettlement program in general, see the following reports from the Migration Policy Institute: 1) The Foreign-Born Hmong in the United States, and 2) The US Refugee Resettlement Program.
QWhat are the laws and regulations for a person providing day care in their home? How do they go about obtaining a license or certification?
ASection 48.65, Wisconsin Statutes, addresses day care providers. Some specific subsections are: 1) 48.65 Day care centers licensed; fees; 2) 48.651 Certification of day care providers; 3) 48.653 Information for day care providers; 4) 48.655 Parental access; 5) 48.656 Parent’s right to know; 6) 48.657 Day care center reports.
The Wisconsin Department of Health and Family Services has additional information on the department's child care regulatory program, how to choose a provider, and how to start a child care service.