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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/ |
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.
QWhat year did Wisconsin enact the 21 year old drinking age?
AThe legal age to consume alcohol beverages in Wisconsin was increased from 19 to 21, effective September 1, 1986, by 1985 Wisconsin Act 337 (Section 125.02 (8m), Wisconsin Statutes). The law included a "grandfather clause" by which those who were at least 19 years of age before the effective date were not affected by the drinking age increase.
QI know there are a lot of laws about carrying a concealed weapon in Wisconsin, and that it is against the law to do so. Can a person carry a sword or something on their person if it is sheathed and not concealed?
ASection 941.23, Wisconsin Statutes, generally prohibits the carrying in public of a concealed weapon. Carrying an unconcealed weapon appears to be not specifically prohibited, but doing so could, depending upon the situation, result in an arrest for disorderly conduct under Section 947.01.
QWhat forms are necessary to be completed for dissolution of an LLC?
AForms for the dissolution of an LLC (Limited Liability Company) can be found on the Department of Financial Institution's Web site.
QWhere are the laws that state how to become a lawyer and be admitted to the bar?
AAdmission to the State Bar of Wisconsin is governed by Chapter 40 of the Supreme Court Rules. More information is available from the State Bar Web site and the Wisconsin Court System.
QWhat law created Wisconsin's first retail sales tax?
AChapter 620, Laws of 1961, created Wisconsin's first retail sales tax, which was originally a selective tax of 3% on various categories of goods and services specified by statute. It went into effect February 1, 1962.
QWhich Wisconsin department regulates oriental medicine and acupuncture?
AThe Wisconsin Department of Regulation and Licensing is the state agency that certifies and regulates acupuncturists. The DRL Web site includes code books, regulatory digests, administrative code, and state statutes related to acupuncture and oriental medicine practice. The specific state statute for Acupuncture can be found in Chapter 451.
QWhere can I find the text for an Executive Order?
AThe text to all Executive Orders is on the Governor's Web site under the Media Room tab.
QHow do I find summaries of public hearings held for senate and assembly bills?
ACommittee records, sorted by bill number and searchable, are available at http://nxt. legis.wisconsin.gov/ For the 2007-08 session (the default when you open the page), committee records are found at line #28. (For previous sessions, the item number for committee records may vary.) The committee record does not contain transcribed testimony, but rather the names and affiliations of persons who registered or appeared for or against the bill. It gives you information on who was there, not what they said. It also shows committee action or vote on the bill or amendments.
QAre older editions of the Wisconsin Blue Book online for historical research?
AUniversity of Wisconsin Libraries' Digital Collections provides access to digital images of Blue Books at http://digicoll.library.wisc.edu/WI/subcollections/WIBlueBksAbout.shtml.
QWhen did Wisconsin ratify the 21st Amendment to the United States Constitution to repeal Prohibition?
ARatification of the 21st Amendment was completed 74 years ago, on December 5, 1933, the day that Ohio, Pennsylvania, and Utah voted for ratification. Wisconsin, however, acted much earlier, on April 25, 1933, when it became the second state to vote to repeal Prohibition. Michigan was first, on April 10, 1933. The act in the Wisconsin Legislature providing for a convention to act on the proposed amendment was Chapter 23, Laws of 1933. The Assembly passed it by a vote of 88-6, and the Senate concurred with a 32-0 vote.
QAre buggies allowed to operate on Wisconsin roads during poor weather conditions?
AThere are no state laws prohibiting buggies from operating on highways because of weather conditions. Section 346.02(2), Wisconsin Statutes reads, in part:
"Every person ... driving any animal-drawn vehicle ... upon a roadway is granted all the rights and is subject to all the duties which this chapter grants or applies to the operator of a vehicle, except those provisions of this chapter which by their very nature would have no application."
Section 347.245 generally requires that many vehicles, including animal-drawn vehicles, that usually travel at speeds slower than 25 miles per hour display a "slow moving vehicle" emblem, but, as noted in the case note to that section, that Amish drivers of buggies are not required to display the emblem for religious reasons (State v. Miller, 202 Wis. 2d 56, 549 N.W.2d 235 (1996), 94-0159).
Like other vehicles, buggies are required to use lights during "hours of darkness" and all other times when natural light is insufficient for visibility at a distance of 500 feet.
QWhen did Wisconsin first allow election observers at polling places, and what laws regulate their activities?
AThe laws regarding election observers go back to 1891, but the current laws are found in Chapter 7.41, Wisconsin Statutes, which allows for any member of the public to observe an election, except for a candidate. The chief inspector may reasonably limit the number of observers representing the same organization, may restrict the location of the observers, and may order an observer to be removed if the observer disrupts the operation of the polling place or engages in any electioneering.
For additional information, please refer to Chapter 7.41, Wisconsin Statutes: http://www.legis.wisconsin.gov/statutes/Stat0007.pdf and Administrative Code ElBd s. 4.01: http://www.legis.wisconsin.gov/rsb/code/elbd/elbd004.pdf
QWhy may I only vote for the candidates
of one party in a primary election?
AThe purpose of the September partisan primary is to select a party’s nominees for the general election in November. In a partisan primary, the elector may vote on the ballot of only one political party. Frustrated voters often object that their choices are limited because they are not permitted to cast their votes for candidates of more than one party. Most states have a closed partisan primary system that requires voters to publicly declare their party affiliation before they can receive the primary ballot of that party. Wisconsin’s “open primary” process, which was adopted in 1904, does not require voters to make a public declaration of their party preference. Instead, the voter is given the primary ballots of all parties but, once inside the voting booth, may select candidates on only one party’s ballot.