FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 403.301 — WI Code / Chapter 403 / Section 403.301
Person entitled to enforce instrument.
Status: in_force

“Person entitled to enforce” an instrument means the holder of the instrument, a nonholder in possession of the instrument who has the rights of a holder, or a person not in possession of the instrument who is entitled to enforce the instrument under s. 403.309 or 403.418 (4) . A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.

History: 1995 a. 449 .
Wis. Stat. § 59.44 — WI Code / Chapter 59 / Section 59.44
County abstractor; appointment; duties; fees.
Status: in_force

(1)

(a) Except as provided under par. (b) , whenever any county adopts a tract index system or any recognized chain of title system, the board may create a department to be known as an abstract department, either in connection with or independent of the office of the register of deeds, as the board considers advisable. The board may appoint a competent person for a term of 2 years, who shall be known as the county abstractor, and shall have charge of and operate the abstract department. The board shall furnish a seal for the abstractor, who shall place the seal on every abstract issued by the abstractor.

(b) In any county with a county executive or a county administrator, if the county creates an abstract department under par. (a) , the county executive or county administrator shall appoint and supervise the county abstractor. Such appointment shall be subject to confirmation by the board unless the board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.52 (8) or ch. 63 .

(2) The register of deeds shall be eligible to hold the office of county abstractor and may hold both offices at the same time.

(3) The county abstractor shall make and deliver to any person an abstract of title to any land in the county, upon the payment of the required fee.

(4) The board shall fix the salary of said abstractor, provide such clerical assistance as may be necessary and fix their compensation and shall fix the fees to be received for the compiling and furnishing of abstracts and may at any time prescribe regulations for the operation and conduct of said department. All fees received for the compiling and furnishing of abstracts shall be paid into the county treasury.

(5) The board may by two-thirds vote of all the members of the board discontinue furnishing abstracts.

History: 1985 a. 29 ; 1991 a. 316 ; 1995 a. 201 s. 387 ; Stats. 1995 s. 59.44; 1995 a. 225 s. 163 ; 1997 a. 35 .
Wis. Stat. § 702.406 — WI Code / Chapter 702 / Section 702.406
Power to contract: power of appointment not presently exercisable.
Status: in_force

A powerholder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if all of the following apply:

(1) The powerholder is also the donor of the power.

(2) The powerholder reserved the power in a revocable trust.

History: 2023 a. 127 .
Wis. Stat. § 154.02 — WI Code / Chapter 154 / Section 154.02
Definitions.
Status: in_force

In this subchapter:

(1) “Declaration” means a written, witnessed document voluntarily executed by the declarant under s. 154.03 (1) , but is not limited in form or substance to that provided in s. 154.03 (2) .

(2) “Feeding tube” means a medical tube through which nutrition or hydration is administered into the vein, stomach, nose, mouth or other body opening of a qualified patient.

(3) “Qualified patient” means a declarant who has been diagnosed and certified in writing to be afflicted with a terminal condition or to be in a persistent vegetative state by 2 health care professionals, one of whom is the attending health care professional and one of whom is a physician, who have personally examined the declarant.

History: 1995 a. 200 ; 2019 a. 90 .
Wis. Stat. § 411.304 — WI Code / Chapter 411 / Section 411.304
Subsequent lease of goods by lessor.
Status: in_force

(1)

(a) Subject to s. 411.303 , a subsequent lessee from a lessor of goods under an existing lease contract obtains, to the extent of the leasehold interest transferred, the leasehold interest in the goods that the lessor had or had power to transfer, and except as provided in sub. (2) and s. 411.527 (4) , takes subject to the existing lease contract.

(b) A lessor with voidable title has power to transfer a good leasehold interest to a good faith subsequent lessee for value, but only to the extent set forth in par. (a) .

(c) If goods have been delivered under a transaction of purchase, the lessor has that power even if any of the following occurs:

1. The lessor’s transferor was deceived as to the identity of the lessor.

2. The delivery was in exchange for a check that is later dishonored.

3. It was agreed that the transaction was to be a cash sale.

4. The delivery was procured through fraud and is punishable under s. 943.20 or 943.34 .

(2) A subsequent lessee in ordinary course of business from a lessor who is a merchant dealing in goods of that kind to whom the goods were entrusted by the existing lessee of that lessor before the interest of the subsequent lessee became enforceable against that lessor obtains, to the extent of the leasehold interest transferred, all of that lessor’s and the existing lessee’s rights to the goods, and takes free of the existing lease contract.

(3) A subsequent lessee from the lessor of goods that are subject to an existing lease contract and that are covered by a certificate of title issued under a statute of this state or of another jurisdiction takes no greater rights than those provided by this section and by the certificate of title statute.

History: 1991 a. 148 .
Wis. Stat. § 806.02 — WI Code / Chapter 806 / Section 806.02
Default judgment.
Status: in_force

(1) A default judgment may be rendered in favor of any party as provided in subs. (1) to (4) if no issue of law or fact has been joined on any claim asserted in a complaint, counterclaim, or cross claim and if the time for joining issue has expired. Any defendant appearing in an action shall be entitled to notice of motion for judgment.

(2) After filing the complaint, counterclaim, or cross claim and proof of service thereof and after filing an affidavit that the party against whom judgment is sought is in default for failure to join issue, a party may move for judgment according to the demand of the complaint, counterclaim, or cross claim. If the amount of money sought was excluded from the demand for judgment, as required under s. 802.02 (1m) , the court shall require the moving party to specify the amount of money claimed and provide that information to the court and to the other parties appearing in the action prior to the court rendering judgment. If proof of any fact is necessary for the court to render judgment, the court shall receive the proof.

(3) If a defendant fails to appear in an action within the time fixed in s. 801.09 the court shall, before entering a judgment against such defendant, require proof of service of the summons in the manner required by s. 801.10 and, in addition, shall require further proof as follows:

(a) Where a personal claim is made against the defendant, the court shall require proof by affidavit or other evidence, to be made and filed, of the existence of any fact not shown by the complaint which is needed to establish grounds for personal jurisdiction over the defendant. The court may require such additional proof as the interests of justice require.

(b) Where no personal claim is made against the defendant, the court shall require such proofs, by affidavit or otherwise, as are necessary to show the court’s jurisdiction has been invoked over the status, property or thing which is the subject of the action. The court may require such additional proof as the interests of justice require.

(4) In an action on express contract for recovery of a liquidated amount of money only, the plaintiff may file with the clerk proof of personal service of the summons on one or more of the defendants and an affidavit that the defendant is in default for failure to join issue. The clerk shall render and enter judgment against the defendants who are in default for the amount demanded in the complaint. Leaving the summons at the abode of a defendant is not personal service within the meaning of this subsection.

(5) A default judgment may be rendered against any party who has appeared in the action but who fails to appear at trial. If proof of any fact is necessary for the court to render judgment, the court shall receive the proof.

History: Sup. Ct. Order, 67 Wis. 2d 585, 716 (1975); Sup. Ct. Order, 73 Wis. 2d xxxi (1976); Sup. Ct. Order, 82 Wis. 2d ix (1978); Sup. Ct. Order, 101 Wis. 2d xi (1981); Sup. Ct. Order, 109 Wis. 2d xiii (1982); 1987 a. 256 ; Sup. Ct. Order No. 18-03 , 2018 WI 102, 384 Wis. 2d xiii.
Wis. Stat. § 16.845 — WI Code / Chapter 16 / Section 16.845
Use of state facilities.
Status: in_force

(1) Rule; penalty. Except as elsewhere expressly prohibited, the managing authority of any facility owned by the state or by the University of Wisconsin Hospitals and Clinics Authority or leased from the state by the Fox River Navigational System Authority may permit its use for free discussion of public questions, or for civic, social, recreational or athletic activities. No such use shall be permitted if it would unduly burden the managing authority or interfere with the prime use of such facility. The applicant for use shall be liable to the state, to the Fox River Navigational System Authority, or to the University of Wisconsin Hospitals and Clinics Authority for any injury done to its property, for any expense arising out of any such use and for such sum as the managing authority may charge for such use. All such sums payable to the state shall be paid into the general fund and credited to the appropriation account for the operation of the facility used. The managing authority may permit such use notwithstanding the fact that a reasonable admission fee may be charged to the public. Whoever does or attempts to do an act for which a permit is required under this section without first obtaining the permit may be fined not more than $100 or imprisoned not more than 30 days or both. This subsection applies only to those facilities for which a procedure for obtaining a permit has been established by the managing authority.

(2) Definitions. In this section:

(a) “Facility” includes buildings and surrounding and connecting grounds.

(b) “Managing authority” means the board, commission, department or officer responsible by law for the management of the particular facility.

History: 1971 c. 183 ; 1995 a. 27 ; 2001 a. 16 .
Wis. Stat. § 410.406 — WI Code / Chapter 410 / Section 410.406
Payment by originator to beneficiary; discharge of underlying obligation.
Status: in_force

(1) Subject to ss. 410.211 (5) and 410.405 (4) and (5) , the originator of a funds transfer pays the beneficiary of the originator’s payment order at the time a payment order for the benefit of the beneficiary is accepted by the beneficiary’s bank in the funds transfer and in an amount equal to the amount of the order accepted by the beneficiary’s bank, but not more than the amount of the originator’s order.

(2)

(a) If payment under sub. (1) is made to satisfy an obligation, the obligation is discharged to the same extent discharge would result from payment to the beneficiary of the same amount in money, unless all of the following apply:

1. The payment under sub. (1) was made by a means prohibited by the contract of the beneficiary with respect to the obligation.

2. The beneficiary, within a reasonable time after receiving notice of receipt of the order by the beneficiary’s bank, notified the originator of the beneficiary’s refusal of the payment.

3. Funds with respect to the order were not withdrawn by the beneficiary or applied to a debt of the beneficiary.

4. The beneficiary would suffer a loss that could reasonably have been avoided if payment had been made by a means complying with the contract.

(b) If payment by the originator does not result in discharge under this section, the originator is subrogated to the rights of the beneficiary to receive payment from the beneficiary’s bank under s. 410.404 (1) .

(3) For the purpose of determining whether discharge of an obligation occurs under sub. (2) (a) , if the beneficiary’s bank accepts a payment order in an amount equal to the amount of the originator’s payment order less charges of one or more receiving banks in the funds transfer, payment to the beneficiary is considered to be in the amount of the originator’s order unless upon demand by the beneficiary the originator does not pay the beneficiary the amount of the deducted charges.

(4) Rights of the originator or of the beneficiary of a funds transfer under this section may be varied only by agreement of the originator and the beneficiary.

History: 1991 a. 304 .
Wis. Stat. § 301.06 — WI Code / Chapter 301 / Section 301.06
Education and prevention.
Status: in_force

The department may do all of the following:

(1) Develop and maintain education and prevention programs.

(2) Study causes and methods of prevention and treatment of juvenile delinquency and related social problems. The department may utilize all powers provided by the statutes, including the authority to accept grants of money or property from federal, state or private sources, and enlist the cooperation of other agencies and state departments.

History: 1989 a. 31 , 107 ; 1995 a. 27 .
Wis. Stat. § 198.15 — WI Code / Chapter 198 / Section 198.15
Board procedure.
Status: in_force

(1) Chairperson, duties. The board shall elect one of their number chairperson for a term of one year, and a vice chairperson for a like term to act during the absence or disability of the chairperson. The principal duties of the chairperson of the board of directors of the district, other than the chairperson’s duties as a director, shall be to preside at all meetings of the board, to sign all resolutions and ordinances adopted by the board and to sign, execute or acknowledge, as the case may require, all contracts, deeds, leases or other instruments authorized by the board to be executed by or on behalf of the district.

(2) Bylaws, meetings. The board shall adopt bylaws to govern its proceedings, and shall fix the time and place of holding its meetings, which shall be held once each month. A special meeting may be held after 3 days’ written notice to each member by the clerk at the call of the chairperson or any 2 members of the board.

(3) Quorum. A majority of the directors-elect shall constitute a quorum for the transaction of business, and the votes of a majority of the directors present at any meeting, if a quorum be present, shall be sufficient to adopt any motion, resolution or ordinance, except that for the exercise of any power enumerated in s. 198.14 (9) , (10) , (11) and (12) the affirmative vote of two-thirds of the directors-elect shall be required. The votes of directors on any action authorized in s. 198.14 (3) , (4) , (6) , (8) , (9) , (10) , (11) , (12) and (13) shall be taken by ayes and noes and recorded in the minutes and shall likewise be taken and recorded on any other matter whenever requested by one-third of the directors present.

(4) Official paper. The board shall designate an official newspaper and under ch. 985 shall publish therein all public notices of the district and all resolutions or ordinances adopted by the board.

(5) Financial interest voids contracts. No contract or transaction shall be made, entered into or authorized by the board with any director, other officer or employee of the district or with any firm, corporation or association in which any director, other officer or employee of the district is financially interested, as a member or stockholder or otherwise adversely to the district, and any such contract or transaction if made, entered into or authorized shall be void and any director voting in favor thereof with knowledge of such interest shall be personally liable to the district for any loss sustained by the district by reason thereof.

History: 1993 a. 184 .
Wis. Stat. § 66.0605 — WI Code / Chapter 66 / Section 66.0605
Local government audits and reports.
Status: in_force

Notwithstanding any other statute, the governing body of a county, city, village or town may require or authorize a financial audit of a municipal or county officer, department, board, commission, function or activity financed in whole or part from municipal or county funds, or if any portion of the funds are the funds of the county, city, village or town. The governing body may require submission of periodic financial reports by the officer, department, board, commission, function or activity.

History: 1977 c. 29 ; 1999 a. 150 s. 97 ; Stats. 1999 s. 66.0605.
Wis. Stat. § 39.40 — WI Code / Chapter 39 / Section 39.40
Minority teacher loan program.
Status: in_force

(1) In this section “minority student” means a student who is any of the following:

(a) A Black American.

(b) An American Indian or Alaskan native.

(c) A Hispanic, as defined in s. 16.287 (1) (d) .

(d) A person of Asian or Pacific Island origin.

(e) A person whose ancestry includes 2 or more races.

(2) The board shall establish a loan program for minority students who meet all of the following requirements:

(am) Are residents of this state enrolled at least half-time as sophomores, juniors, or seniors in an institution of higher education, as defined in 20 USC 1001 (a) and (b), located in this state.

(bm) Are enrolled in programs of study leading to a teacher’s license in a discipline identified as a teacher shortage area for this state by the federal department of education.

(dm) Have a grade point average of at least 3.0 on a 4-point scale or the equivalent.

(2m) A student eligible for a loan under sub. (2) may be awarded loans of up to $10,000 annually for not more than 3 years, with a maximum of $30,000 in loans to a student under this section.

(3)

(a) Loans under sub. (2) shall be made from the appropriation under s. 20.235 (1) (cr) . Except as provided in par. (b) , loans under sub. (2) shall be repaid at an annual interest rate of 5 percent.

(b) The board shall forgive 25 percent of the loan and 25 percent of the interest on the loan for each school year the recipient satisfies all of the following:

1. The recipient is employed as provided in subd. 1m. by a public or private elementary or secondary school, or by a tribal school, as defined in s. 115.001 (15m) , located in a school district in this state in which minority students constitute at least 40 percent of the membership, as defined in s. 121.004 (5) .

1m. The recipient is employed as a full-time teacher in a high-demand area related to the recipient’s discipline under sub. (2) (bm) .

2. The recipient receives a rating of proficient or distinguished on the educator effectiveness system or the equivalent in a school that does not use the educator effectiveness system.

(4) The board shall deposit in the general fund as general purpose revenue-earned all repayments of loans made under sub. (2) and the interest on the loans.

(5) The board shall administer the repayment and forgiveness of loans made under s. 36.25 (16) , 1993 stats. The board shall treat such loans as if they had been made under sub. (2) .

History: 1989 a. 31 ; 1995 a. 27 ; 1997 a. 27 ; 2011 a. 32 ; 2015 a. 55 ; 2019 a. 35 .
Wis. Stat. § 165.987 — WI Code / Chapter 165 / Section 165.987
Youth diversion programs; grant program.
Status: in_force

(1) From the appropriation under s. 20.455 (2) (kj) , the department of justice shall allocate $500,000 in each fiscal year to enter into a contract with an organization to provide services in a county having a population of 750,000 or more for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs. Notwithstanding s. 16.75 , the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

(2) From the appropriation under s. 20.455 (2) (k) , the department of justice may not distribute more than $300,000 in each fiscal year to the organization that it has contracted with under sub. (1) for alcohol and other drug abuse education and treatment services for participants in that organization’s youth diversion program.

(3) From the appropriation under s. 20.455 (2) (kj) the department of justice shall allocate $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, and $150,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, and from the appropriation under s. 20.455 (2) (kj) , the department shall allocate $100,000 in each fiscal year to enter into a contract with an organization, for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization’s youth diversion program. Notwithstanding s. 16.75 , the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

History: 2013 a. 20 ss. 175 , 1947 ; Stats. 2013 s. 165.987; 2015 a. 55 ; 2017 a. 207 ; 2017 a. 365 s. 111 .
Wis. Stat. § 428.106 — WI Code / Chapter 428 / Section 428.106
Remedies.
Status: in_force

(1) Violations of this subchapter may be enforced by a customer subject to this section and ss. 425.308 to 425.311 .

(2) With respect to a loan subject to this subchapter, if the court as a matter of law finds that any aspect of the transaction, any conduct directed against the customer, by the creditor, or any result of the transaction is unconscionable, the court shall, in addition to the remedies and penalties set forth in this subchapter, and a penalty not to exceed that specified in s. 428.103 (2) , refuse to enforce the unconscionable aspect of the transaction or so limit the application of any unconscionable aspect or conduct to avoid any unconscionable result.

(3) Notwithstanding other provisions of this subchapter, a customer shall not be entitled to recover the specific penalties provided in ss. 428.103 (2) (a) and 428.104 (2) (a) if the person violating this subchapter shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid such error.

(4) Any action brought by a customer to enforce rights under sub. (1) shall be commenced within one year after the date of the last violation of this subchapter, 2 years after consummation of the agreement or one year after the last payment, whichever is later. But in no event shall an action be commenced more than 6 years after the date of the last violation.

(5) The administrator specified in s. 426.103 , solely through the department of justice, may on behalf of any customer institute an action to enforce this subchapter and to recover the damages and penalties provided for this subchapter. In such action the administrator may obtain an order restraining by temporary or permanent injunctions any violation of this subchapter. This subsection shall not be construed to incorporate or grant to the administrator with respect to the enforcement of this subchapter, any of the provisions of ch. 426 .

History: 1973 c. 18 ; 1991 a. 316 ; 2003 a. 257 .