FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 405.117 — WI Code / Chapter 405 / Section 405.117
Subrogation of issuer, applicant, and nominated person.
Status: in_force

(1) An issuer that honors a beneficiary’s presentation is subrogated to the rights of the beneficiary to the same extent as if the issuer were a secondary obligor of the underlying obligation owed to the beneficiary and of the applicant to the same extent as if the issuer were the secondary obligor of the underlying obligation owed to the applicant.

(2) An applicant that reimburses an issuer is subrogated to the rights of the issuer against any beneficiary, presenter, or nominated person to the same extent as if the applicant were the secondary obligor of the obligations owed to the issuer and has the rights of subrogation of the issuer to the rights of the beneficiary stated in sub. (1) .

(3) A nominated person who pays or gives value against a draft or demand presented under a letter of credit is subrogated to the rights of all of the following:

(a) The issuer against the applicant to the same extent as if the nominated person were a secondary obligor of the obligation owed to the issuer by the applicant.

(b) The beneficiary to the same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the beneficiary.

(c) The applicant to same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the applicant.

(4) Notwithstanding any agreement or term to the contrary, the rights of subrogation stated in subs. (1) and (2) do not arise until the issuer honors the letter of credit or otherwise pays and the rights in sub. (3) do not arise until the nominated person pays or otherwise gives value. Until then, the issuer, nominated person, and the applicant do not derive under this section present or prospective rights forming the basis of a claim, defense, or excuse.

History: 2005 a. 213 .
Wis. Stat. § 702.604 — WI Code / Chapter 702 / Section 702.604
Applicability.
Status: in_force

(1)

(a) This chapter applies to a power of appointment created before, on, or after March 23, 2024.

(b) This chapter applies to a judicial proceeding concerning a power of appointment commenced on or after March 23, 2024.

(c) This chapter applies to a judicial proceeding concerning a power of appointment commenced before March 23, 2024, unless the court finds that application of a particular provision of this chapter would interfere substantially with the effective conduct of the judicial proceeding or prejudice a right of a party, in which case the particular provision of this chapter does not apply and the superseded law applies.

(d) A rule of construction or presumption in this chapter applies to an instrument executed before March 23, 2024, unless there is a clear indication of a contrary intent in the terms of the instrument.

(e) Except as otherwise provided in pars. (a) to (d) , this chapter does not apply to an action taken before March 23, 2024.

(2) If a right is acquired, extinguished, or barred on the expiration of a prescribed period that commenced under a law of this state other than this chapter before March 23, 2024, the law continues to apply to the right.

History: 2023 a. 127 .
Wis. Stat. § 221.0105 — WI Code / Chapter 221 / Section 221.0105
Fees.
Status: in_force

The division may establish such fees as it determines are appropriate for documents filed with the division under this chapter and for such other services as the division may provide under this chapter.

History: 1995 a. 336 .
Wis. Stat. § 879.63 — WI Code / Chapter 879 / Section 879.63
Action by person interested to secure property for estate.
Status: in_force

Whenever there is reason to believe that the estate of a decedent as set forth in the inventory does not include property which should be included in the estate, and the personal representative has failed to secure the property or to bring an action to secure the property, any person interested may, on behalf of the estate, bring an action in the court in which the estate is being administered to reach the property and make it a part of the estate. If the action is successful, the person interested shall be reimbursed from the estate for the reasonable expenses and attorney fee incurred by the person in the action as approved by the court but not in excess of the value of the property secured for the estate.

History: 1993 a. 486 .
Wis. Stat. § 19.11 — WI Code / Chapter 19 / Section 19.11
Official bonds.
Status: in_force

(1) The secretary of state and treasurer shall each furnish a bond to the state, at the time each takes and subscribes the oath of office required of that officer, conditioned for the faithful discharge of the duties of the office, and the officer’s duties as a member of the board of commissioners of public lands, and in the investment of the funds arising therefrom. The bond of each of said officers shall be further conditioned for the faithful performance by all persons appointed or employed by the officer in his or her office of their duties and trusts therein, and for the delivery over to the officer’s successor in office, or to any person authorized by law to receive the same, of all moneys, books, records, deeds, bonds, securities and other property and effects of whatsoever nature belonging to the officer’s offices.

(2) Each of said bonds shall be subject to the approval of the governor and shall be guaranteed by resident freeholders of this state, or by a surety company as provided in s. 632.17 (2) . The amount of each such bond, and the number of sureties thereon if guaranteed by resident freeholders, shall be as follows: secretary of state, $25,000, with sufficient sureties; and treasurer, $100,000, with not less than 6 sureties.

(3) The treasurer shall give an additional bond when required by the governor.

(4) The governor shall require the treasurer to give additional bond, within such time, in such reasonable amount not exceeding the funds in the treasury, and with such security as the governor shall direct and approve, whenever the funds in the treasury exceed the amount of the treasurer’s bond; or whenever the governor deems the treasurer’s bond insufficient by reason of the insolvency, death or removal from the state of any of the sureties, or from any other cause.

History: 1975 c. 375 s. 44 ; 1991 a. 316 ; 2017 a. 59 .
Wis. Stat. § 90.09 — WI Code / Chapter 90 / Section 90.09
Partition when land bounded by water.
Status: in_force

(1) When the boundary line between enclosed lands owned by different persons is a river, brook, pond or creek, which of itself is not a sufficient fence, and it is impracticable, without unreasonable expense, for a partition fence to be built on the true boundary line, and either owner or occupant refuses to join in making a partition fence on either side of the river, brook, pond or creek, or they disagree respecting making a partition fence, either party may apply to 2 or more fence viewers of the town, who, after giving notice as provided in s. 90.07 , shall proceed to view the river, brook, pond or creek.

(2) If the fence viewers determine that the river, brook, pond or creek is not a sufficient fence and that it is impracticable, without unreasonable expense, to build a fence on the true boundary line, the fence viewers shall, in writing under their hands, determine how or on which side of the river, brook, pond or creek the fence shall be built or whether the fence shall be built partly on one side and partly on the other side. The fence viewers shall assign to each owner or occupant that owner’s or occupant’s share of the fence and the time within which the respective parties shall build the fence. The fence viewers shall file their determination in the office of the town clerk, who shall record the determination.

(3) If either party refuses or neglects to build that party’s part of the fence within the time assigned by the fence viewers, the other party may, after having completed his or her own part, build the other party’s part and recover the expense of building the other party’s part of the fence as provided under s. 90.11 .

(4) If the fence viewers determine that it is impracticable, either from the formation of the banks of the river, brook, pond or creek or for any other reason, to maintain any fence along or near the boundary line, they shall give written notice to the parties of that determination.

History: 1991 a. 316 ; 1997 a. 253 .
Wis. Stat. § 77.9951 — WI Code / Chapter 77 / Section 77.9951
Administration.
Status: in_force

(1) The department of revenue shall administer the fee under this subchapter and may take any action, conduct any proceeding and impose interest and penalties.

(2) Sections 77.51 (3r) , (12m) , (13) , (14) , (14g) , (15a) , (15b) , and (17) , 77.52 (1b) , (3) , (5) , (13) , (14) , (18) , and (19) , 77.522 , 77.523 , 77.58 (1) to (5) , (6m) , and (7) , 77.585 , 77.59 , 77.60 , 77.61 (2) , (3m) , (5) , (6) , (8) , (9) , (12) to (15) , and (19m) , and 77.62 , as they apply to the taxes under subch. III , apply to the fee under this subchapter. The renter shall collect the fee under this subchapter from the person to whom the vehicle is rented.

(3) Persons who are subject to the fee under this subchapter shall register with the department of revenue. Any person who is required to register; including any person authorized to act on behalf of a corporation, partnership or other person who is required to register; who fails to do so is guilty of a misdemeanor.

History: 1997 a. 27 ; 2007 a. 20 ; 2009 a. 2 , 28 , 330 ; 2011 a. 18 , 68 ; 2013 a. 20 ; 2019 a. 10 ; 2021 a. 238 s. 45 .
Wis. Stat. § 139.20 — WI Code / Chapter 139 / Section 139.20
Compulsory testimony.
Status: in_force

(1) Any person may be compelled to testify in regard to any violation of this chapter of which the person may have knowledge, even though such testimony may tend to incriminate the person, upon being granted immunity from prosecution in connection therewith, and upon the giving of such testimony, such person shall not be prosecuted for or because of the violation relative to which the person has testified.

(2) The immunity provided under sub. (1) is subject to the restrictions under s. 972.085 .

History: 1989 a. 122 , 359 .
Wis. Stat. § 858.01 — WI Code / Chapter 858 / Section 858.01
Personal representative files.
Status: in_force

Except as provided by s. 865.11 , the personal representative, within a reasonable time but no later than 6 months after appointment unless the court has by order extended or shortened the time, shall file an inventory of all property owned by the decedent. The inventory when filed shall show, as of the date of the decedent’s death, the value of all property, what property is marital property and the type and amount of any existing obligation relating to any item of property. If a special administrator or personal representative has filed an inventory, no personal representative who is later appointed need file a further inventory unless additional property is found or the court orders otherwise.

History: 1973 c. 39 ; 1975 c. 331 , 421 ; 1983 a. 186 ; 1985 a. 37 ; 1997 a. 188 .
Wis. Stat. § 195.16 — WI Code / Chapter 195 / Section 195.16
Pass lists.
Status: in_force

Every water carrier shall keep and for 2 years preserve a record of every ticket, pass or mileage book issued to a resident of this state free or for a money consideration less than that charged the general public. Such record shall consist of the name of the recipient, the amount received, and the reason for issuance, and shall be open to inspection by the office upon reasonable notice during such period of 2 years.

History: 1977 c. 29 s. 1654 (9) (e) ; 1981 c. 347 s. 80 (1) ; 1993 a. 16 , 123 ; 2005 a. 179 .
Wis. Stat. § 645.06 — WI Code / Chapter 645 / Section 645.06
Costs and expenses of litigation.
Status: in_force

In any proceeding or action brought by the commissioner or a receiver under this chapter, the court may award such costs and other expenses of litigation to the commissioner or receiver as justice requires, without regard to the limitations otherwise prescribed by law.

History: 1989 a. 23 .
Wis. Stat. § 944.36 — WI Code / Chapter 944 / Section 944.36
Solicitation of drinks prohibited.
Status: in_force

Any licensee, permittee or bartender of a retail alcohol beverage establishment covered by a license or permit issued under ch. 125 who permits an entertainer or employee to solicit a drink of any alcohol beverage, as defined in s. 125.02 (1) , or any other drink from a customer on the premises, or any entertainer or employee who solicits such drinks from any customer, is guilty of a Class B misdemeanor.

History: 1975 c. 39 s. 675x ; 1975 c. 199 ; Stats. 1975 s. 944.36; 1977 c. 173 ; 1981 c. 79 .
Wis. Stat. § 893.585 — WI Code / Chapter 893 / Section 893.585
Sexual exploitation by a therapist.
Status: in_force

(1) Notwithstanding ss. 893.54 , 893.55 , and 893.57 , an action under s. 895.441 for damages shall be commenced within 3 years after the cause of action accrues or be barred.

(2) If a person entitled to bring an action under s. 895.441 is unable to bring the action due to the effects of the sexual contact or due to any threats, instructions, or statements from the therapist, the period of inability is not part of the time limited for the commencement of the action, except that this subsection shall not extend the time limitation by more than 15 years.

(3) This section does not apply to damages incurred under s. 895.442 .

History: 1985 a. 275 ; 2003 a. 279 ; 2005 a. 155 .
Wis. Stat. § 66.0131 — WI Code / Chapter 66 / Section 66.0131
Local governmental purchasing.
Status: in_force

(1) Definitions. In this section:

(a) “Local governmental unit” means a political subdivision of this state, a special purpose district in this state, an agency or corporation of a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.

(b) “Recycled or recovered content” has the meaning given in s. 16.70 (13) .

(2) Intergovernmental purchases without bids. Notwithstanding any statute requiring bids for public purchases, any local governmental unit may make purchases from another unit of government, including the state or federal government, without the intervention of bids.

(3) Purchase of recycled materials.

(a)

1. A local governmental unit shall, to the extent practicable, make purchasing selections using specifications developed by state agencies under s. 16.72 (2) (e) to maximize the purchase of products utilizing recycled or recovered materials.

2. Each local governmental unit shall ensure that the average recycled or recovered content of all paper purchased by the local governmental unit measured as a proportion, by weight, of the fiber content of all paper products purchased in a year, is not less than the following:

a. By 1991, 10 percent of all purchased paper.

b. By 1993, 25 percent of all purchased paper.

c. By 1995, 40 percent of all purchased paper.

(4) Purchase of recyclable materials. A local governmental unit shall, to the extent practicable, make purchasing selections using specifications prepared by state agencies under s. 16.72 (2) (f) .

(5) Life cycle cost estimate. A local governmental unit shall award each order or contract for materials, supplies or equipment on the basis of life cycle cost estimates whenever that action is appropriate. The terms, conditions and evaluation criteria to be applied shall be incorporated into the solicitation of bids or proposals. The life cycle cost formula may include, but is not limited to, the applicable costs of energy efficiency, acquisition and conversion, money, transportation, warehousing and distribution, training, operation and maintenance, and disposition or resale.

History: 1979 c. 122 ; 1989 a. 335 ; 1999 a. 9 ; 1999 a. 150 ss. 346 , 347 ; Stats. 1999 s. 66.0131.
Wis. Stat. § 938.265 — WI Code / Chapter 938 / Section 938.265
Consultation with victims.
Status: in_force

In a case in which the juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or services under s. 938.13 (12) , the district attorney or corporation counsel shall, as soon as practicable but before the plea hearing under s. 938.30 , offer all of the victims of the juvenile’s alleged act who have so requested an opportunity to confer with the district attorney or corporation counsel concerning the possible outcomes of the proceeding against the juvenile, including potential plea agreements and recommendations that the district attorney or corporation counsel may make concerning dispositions under s. 938.34 or 938.345 . The duty to offer an opportunity to confer under this section does not limit the obligation of the district attorney or corporation counsel to exercise his or her discretion concerning the handling of the proceeding against the juvenile.

History: 1997 a. 181 ; 2005 a. 344 .
Wis. Stat. § 402.317 — WI Code / Chapter 402 / Section 402.317
Cumulation and conflict of warranties express or implied.
Status: in_force

Warranties whether express or implied shall be construed as consistent with each other and as cumulative, but if such construction is unreasonable the intention of the parties shall determine which warranty is dominant. In ascertaining that intention the following rules apply:

(1) Exact or technical specifications displace an inconsistent sample or model or general language of description.

(2) A sample from an existing bulk displaces inconsistent general language of description.

(3) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.
Wis. Stat. § 78.66 — WI Code / Chapter 78 / Section 78.66
Records to be kept by licensees.
Status: in_force

(1) Every general aviation fuel licensee and licensee under s. 78.09 or 78.47 shall keep a record of all purchases, receipts, sales, distribution and consumption of each kind or trade name of motor vehicle fuel, crude petroleum and general aviation fuel and each alternate fuel.

(2) Every licensee shall keep true and accurate records of all stocks of motor vehicle fuel, crude petroleum and general aviation fuel and each alternate fuel on hand. Every licensee shall take a physical inventory of those fuels on hand at each licensed location at the close of business on the last day of every month.

(3) Every licensee shall retain the records of the inventory required by sub. (2) and all other records required by this section available for the inspection by the department, and upon demand of the department, any licensee shall furnish a statement under oath reflecting the contents of any record to be kept under this section.

(4) The department may require any person who keeps records in machine-readable form for federal fuel tax purposes to keep those records in the same form for purposes of the taxes under this chapter.

History: 1981 c. 20 ; 1991 a. 39 ; 1993 a. 16 ; 1997 a. 27 .
Wis. Stat. § 344.37 — WI Code / Chapter 344 / Section 344.37
Money or securities as proof.
Status: in_force

(1) Proof of financial responsibility for the future may be evidenced by a deposit with the secretary by the person of $60,000 in cash, or in securities such as may legally be purchased by savings banks or for trust funds of a market value of $60,000. The secretary shall not accept any such deposit unless accompanied by evidence that there are no unsatisfied judgments of any character against the depositor in the county where the depositor resides.

(2) Deposits made under this section shall be held by the secretary to satisfy, in accordance with this chapter, any execution on a judgment issued against the person making the deposit, for damages resulting from the ownership, maintenance, use or operation of a motor vehicle after such deposit was made, including damages for care and for loss of services because of bodily injury to or death of any person and damages because of injury to or destruction of property and the consequent loss of use thereof. Money or securities so deposited are not subject to attachment or execution unless such attachment or execution arises out of a suit for damages as set forth in this section.

History: 1971 c. 164 s. 82 ; 1975 c. 270 ; 1977 c. 29 s. 1654 (7) (c) ; 1989 a. 32 .
Wis. Stat. § 29.630 — WI Code / Chapter 29 / Section 29.630
Raffling lake sturgeon from state fish hatcheries.
Status: in_force

(1) The organization known as Sturgeon for Tomorrow, Inc., may annually request that the department transfer not more than 15 carcasses of lake sturgeon from state fish hatcheries to be awarded as prizes in a raffle, subject to the requirements of subch. VIII of ch. 563 .

(2) For any raffle conducted under sub. (1) , the organization known as Sturgeon for Tomorrow, Inc., shall do all of the following:

(a) Preserve all sturgeon carcasses received from the department for taxidermy and mounting.

(b) Provide to each person who receives a sturgeon carcass a certificate of transfer furnished by the department, to be retained by the person receiving the sturgeon carcass.

(c) Use all proceeds from the raffle to promote sturgeon management, conduct sturgeon habitat management, promote sturgeon reintroduction, or further sturgeon research.

History: 2021 a. 193 .
Wis. Stat. § 448.12 — WI Code / Chapter 448 / Section 448.12
Malpractice.
Status: in_force

Anyone practicing medicine, surgery, osteopathy, or any other form or system of treating the sick without having a valid license shall be liable to the penalties and liabilities for malpractice; and ignorance shall not lessen such liability for failing to perform or for negligently or unskillfully performing or attempting to perform any duty assumed, and which is ordinarily performed by authorized practitioners.

History: 1975 c. 383 , 421 ; 2025 a. 76 .
Wis. Stat. § 346.075 — WI Code / Chapter 346 / Section 346.075
Overtaking certain vehicles and devices.
Status: in_force

(1) The operator of a motor vehicle overtaking a bicycle, electric scooter, or electric personal assistive mobility device proceeding in the same direction shall exercise due care, leaving a safe distance, but in no case less than 3 feet clearance when passing the bicycle, electric scooter, or electric personal assistive mobility device, and shall maintain clearance until safely past the overtaken bicycle, electric scooter, or electric personal assistive mobility device.

(2) Except as provided in s. 346.48 , if the operator of a motor vehicle overtakes a motor bus which is stopped at an intersection on the right side of the roadway and is receiving or discharging passengers, the operator shall pass at a safe distance to the left of the motor bus and shall not turn to the right in front of the motor bus at that intersection.

History: 1973 c. 182 ; 1977 c. 208 ; 1985 a. 301 ; 2001 a. 90 ; 2019 a. 11 .
Wis. Stat. § 457.18 — WI Code / Chapter 457 / Section 457.18
Practice under counseling compact.
Status: in_force

An individual who holds a valid privilege to practice in this state may, subject to s. 457.51 (4) , do any of the following:

(1) Practice professional counseling in this state, subject to s. 457.50 (4) .

(2) Practice professional counseling in this state via telehealth, as defined in s. 457.50 (2) (y) , subject to s. 457.50 (7) .

History: 2023 a. 55 .