FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 180.0850 — WI Code / Chapter 180 / Section 180.0850
Definitions applicable to indemnification and insurance provisions.
Status: in_force

In ss. 180.0850 to 180.0859 :

(1) “Corporation” means a domestic corporation and any domestic or foreign predecessor of a domestic corporation where the predecessor corporation’s existence ceased upon the consummation of a merger or other transaction.

(2) “Director or officer” of a corporation means any of the following:

(a) An individual who is or was a director or officer of the corporation.

(b) An individual who, while a director or officer of the corporation, is or was serving at the corporation’s request as a director, officer, partner, trustee, member of any governing or decision-making committee, manager, employee or agent of another corporation or foreign corporation, limited liability company, partnership, joint venture, trust or other enterprise.

(c) An individual who, while a director or officer of the corporation, is or was serving an employee benefit plan because his or her duties to the corporation also impose duties on, or otherwise involve services by, the person to the plan or to participants in or beneficiaries of the plan.

(d) Unless the context requires otherwise, the estate or personal representative of a director or officer.

(3) “Expenses” include fees, costs, charges, disbursements, attorney fees and any other expenses incurred in connection with a proceeding.

(4) “Liability” includes the obligation to pay a judgment, settlement, forfeiture, or fine, including an excise tax assessed with respect to an employee benefit plan, plus costs, fees, and surcharges imposed under ch. 814 , and reasonable expenses.

(5) “Party” includes an individual who was or is, or who is threatened to be made, a named defendant or respondent in a proceeding.

(6) “Proceeding” means any threatened, pending or completed civil, criminal, administrative or investigative action, suit, arbitration or other proceeding, whether formal or informal, which involves foreign, federal, state or local law and which is brought by or in the right of the corporation or by any other person.

History: 1989 a. 303 ; 1993 a. 112 ; 2003 a. 139 .
Wis. Stat. § 611.18 — WI Code / Chapter 611 / Section 611.18
Incorporators’ liability and organization expenses.
Status: in_force

(1) Liability. The incorporators shall be jointly and severally liable for all organizational and promotional expenses and liabilities incurred prior to the issuance of the certificate of authority.

(2) Reimbursement and compensation.

(a) Stock corporations.

1. ‘Expenses.’ After issuance of the certificate of authority, incorporators of a stock corporation who have advanced money or incurred obligations for the reasonable and authorized expenses of organization including underwriting may be reimbursed in cash from the proceeds of shares subscribed to under the organization permit, on itemized receipts audited by the commissioner. Their total reimbursement may not exceed 10 percent of the amount received from subscribers.

2. ‘Personal services.’ Incorporators may be compensated for the reasonable value of personal services actually performed by the issuance to them of shares not exceeding in value in the aggregate 10 percent of the amount received from the subscription for shares under the organization permit.

3. ‘Aggregate expenses and remuneration.’ The aggregate payment under subds. 1. and 2. may not exceed 15 percent of the amount received for shares subscribed to under the organization permit, including the shares purchased under s. 611.32 (1) or (2) , and shall conform to the statement made under s. 611.13 (2) (e) .

(b) Mutuals. After issuance of the certificate of authority, incorporators of a mutual who have advanced money or incurred obligations for the reasonable and authorized expenses of organization may be reimbursed in cash from the proceeds of subscriptions for mutual bonds and contribution notes, on itemized receipts audited by the commissioner. The total reimbursement may not exceed 15 percent of the amount received for the bonds and notes.

History: 1971 c. 260 .
Wis. Stat. § 88.89 — WI Code / Chapter 88 / Section 88.89
Roads not to obstruct natural watercourse.
Status: in_force

(1) Whenever any embankment, grade, culvert or bridge, including the approaches to the culvert or bridge, built or maintained by any person across a natural watercourse or natural draw obstructs the watercourse or draw so that waters therein are set back or diverted upon any lands in a drainage district, the person who built the embankment, grade, culvert or bridge shall enlarge the waterway through the embankment, grade, culvert or bridge and the approaches thereto so that it will not set back or divert waters upon lands in the district.

(2) The drainage board or the owner of any land upon which water is set back or diverted by the obstruction described in sub. (1) may serve notice upon the owner or maintainer of the embankment, grade, culvert or bridge to enlarge the opening for the waterway or to make new openings in order to permit the water to pass without being set back or diverted onto the lands of the district. If the owner of or person maintaining the embankment, grade, culvert or bridge fails to comply with the directive of the notice within 60 days after receiving the notice, the drainage board on its own behalf, or on petition of the injured landowner, may conduct a hearing under sub. (3) .

(3) Upon receipt of a petition under sub. (2) , the drainage board shall fix the time and place of a hearing on the petition and shall issue an order to the owner or maintainer of the embankment, grade, culvert or bridge to show cause why an order directing the work to be done should not be issued. At least 10 days before the time fixed for the hearing on the petition, the order to show cause shall be served on the owner or maintainer, or on both if both are named in the petition, as prescribed in s. 801.11 for the service of a summons.

(4) If the drainage board is satisfied that the embankment, grade, bridge or culvert so obstructs the watercourse or draw that it causes water to be set back or diverted upon lands in the drainage district, the drainage board shall issue an order to the owner or maintainer of the embankment, grade, bridge or culvert to enlarge the waterway or construct a new waterway through the embankment, grade, bridge or culvert, as the facts warrant. The period of time that the embankment, grade, bridge or culvert has been in existence is no defense to a proceeding under this section.

(5) Any person who fails to comply with an order issued under this section is liable to the injured party for all damages caused by the failure.

History: Sup. Ct. Order, 67 Wis. 2d 585, 774 (1975); 1977 c. 449 ; 1993 a. 456 ; 1995 a. 225 .
Wis. Stat. § 60.35 — WI Code / Chapter 60 / Section 60.35
Duties of town constable.
Status: in_force

(1) A town constable shall perform the duties established by the town board under s. 60.22 (4) .

(2) A town constable shall keep his or her office in the town. No constable who keeps his or her office outside the limits of the town may receive fees for any service performed.

History: 1983 a. 532 .
Wis. Stat. § 177.0907 — WI Code / Chapter 177 / Section 177.0907
Claim to recover abandoned U.S. savings bond.
Status: in_force

Notwithstanding s. 177.1504 , any person who could have claimed an interest in a U.S. savings bond immediately before this state became the owner of the U.S. savings bond pursuant to a judgment entered under s. 177.1504 (4) may file a claim under s. 177.0903 , and another state may file a claim under s. 177.0901 . Notwithstanding s. 177.0607 or 177.0902 , if the claim is allowed, the administrator shall pay the claimant the amount the administrator received from redeeming the U.S. savings bond under s. 177.1504 , minus any amounts that were deposited in the general fund to pay administrative expenses under s. 177.0801 that are attributable to the U.S. savings bond, or, if the U.S. savings bond has not been redeemed, the amount the administrator estimates the administrator will receive from redeeming the U.S. savings bond under s. 177.1504 , minus any amounts the administrator estimates will be deposited in the general fund to pay administrative expenses under s. 177.0801 that are attributable to the U.S. savings bond.

History: 2015 a. 309 ; 2021 a. 87 s. 166 ; Stats. 2021 s. 177.0907.
Wis. Stat. § 75.22 — WI Code / Chapter 75 / Section 75.22
Validity; immaterial errors.
Status: in_force

If after the issuance of a tax certificate or conveyance to the county of any lands subject to a tax certificate and within the time hereinafter prescribed it shall be discovered that the certificate was invalid, the county board shall make an order, briefly stating the reason therefor, directing that the certificate, as it applies to the affected lands, or deed be canceled. But no certificate or conveyance shall be deemed invalid within the meaning of this section by reason of any mistake or irregularity in any of the tax proceedings not affecting the groundwork of the tax; nor shall any county be liable to pay or refund any moneys by reason of any such mistake or irregularity.

History: 1987 a. 378 .
Wis. Stat. § 54.894 — WI Code / Chapter 54 / Section 54.894
Applicability.
Status: in_force

Sections 54.854 to 54.898 apply to a transfer within the scope of s. 54.856 made after April 8, 1988, if:

(1) The transfer purports to have been made under ss. 880.61 to 880.71 , 1985 stats.; or

(2) The instrument by which the transfer purports to have been made uses in substance the designation “as custodian under the Uniform Gifts to Minors Act” or “as custodian under the Uniform Transfers to Minors Act” of any other state, and the application of ss. 54.854 to 54.898 is necessary to validate the transfer.

History: 1987 a. 191 ; 2005 a. 387 s. 547 ; Stats. 2005 s. 54.894.
Wis. Stat. § 441.13 — WI Code / Chapter 441 / Section 441.13
Penalty.
Status: in_force

(1) Any person violating this subchapter or knowingly employing another in violation of this subchapter may be fined not more than $250 or imprisoned not more than one year in the county jail.

(2) No action may be brought or other proceeding had to recover compensation for professional nursing services unless at the time such services were rendered the person rendering the same was a registered nurse or had a temporary permit issued under this subchapter.

(3) The remedy of injunction may be used in enforcing this subchapter.

History: 1999 a. 22 .
Wis. Stat. § 244.09 — WI Code / Chapter 244 / Section 244.09
When a power of attorney is effective.
Status: in_force

(1) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.

(2) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine that the event or contingency has occurred.

(3) If a power of attorney becomes effective upon the principal’s incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person so authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by one of the following:

(a) A physician licensed under ch. 448 or a psychologist who is licensed under ch. 455 , who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o) , in this state, or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b) , that the principal is incapacitated within the meaning of s. 244.02 (7) (a) .

(b) An attorney at law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning of s. 244.02 (7) (b) , (c) , or (d) .

(c) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal’s personal representative under 42 USC 1320d , the Health Insurance Portability and Accountability Act, and applicable regulations, to obtain access to the principal’s health-care information and communicate with the principal’s health care provider.

History: 2009 a. 319 ; 2021 a. 131 .
Wis. Stat. § 23.099 — WI Code / Chapter 23 / Section 23.099
Grants for property development relating to wetland mitigation.
Status: in_force

(1) In this section:

(a) “Department land” has the meaning given under s. 281.37 (1) (a) .

(b) “Nonprofit organization” means an organization that is described in section 501 (c) (3) of the Internal Revenue Code and that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

(2) The department shall establish a program to make grants from the appropriation under s. 20.866 (2) (ta) to nonprofit organizations for property development activities relating to wetlands created, restored, or enhanced under a wetland mitigation grant under s. 281.37 on department land. Property development activities for which a grant under this section may be awarded include those that increase public access to, awareness about, or recreational use of the new, restored, or enhanced wetland, or that improve habitat in, on, or near, the new, restored, or enhanced wetland.

(3) A nonprofit organization that applies for a grant under this section shall submit the application at the same time that it submits an application for a grant under s. 281.37 . The department shall make its determination with respect to both grants at the same time, and may only award a grant under this section if it also awards a grant under s. 281.37 .

(4) A grant awarded under this section may not exceed 10 percent of the amount of the related grant awarded under s. 281.37 . The department may not issue the grant funding under this section to the grantee until the grantee has certified that the project funded by the grant under s. 281.37 is complete.

History: 2017 a. 183 .
Wis. Stat. § 62.623 — WI Code / Chapter 62 / Section 62.623
Payment of contributions in an employee retirement system of a 1st class city.
Status: in_force

(1) Beginning on July 1, 2011, in any employee retirement system of a 1st class city, except as otherwise provided in a collective bargaining agreement entered into under subch. IV of ch. 111 and except as provided in subs. (2) and (3) employees shall pay all employee required contributions for funding benefits under the retirement system. The employer may not pay on behalf of an employee any of the employee’s share of the required contributions.

(2)

(a) An employer shall pay, on behalf of a nonrepresented law enforcement or fire fighting managerial employee, who was initially employed by the employer before July 1, 2011, the same contributions required by sub. (1) that are paid by the employer for represented law enforcement or fire fighting personnel who were initially employed by the employer before July 1, 2011.

(b) An employer shall pay, on behalf of a represented law enforcement or fire fighting employee, who was initially employed by the employer before July 1, 2011, and who on or after July 1, 2011, became employed in a nonrepresented law enforcement or fire fighting managerial position with the employer, or a successor employer in the event of a combined department that is created on or after July 1, 2011, the same contributions required by sub. (1) that are paid by the employer for represented law enforcement or fire fighting personnel who were initially employed by the employer before July 1, 2011.

(3) In any employee retirement system of a 1st class city that is located in a county with a population of more than 750,000 and that has elected to become a participating employer in the Wisconsin Retirement System under s. 40.21 (1) , except as otherwise provided in sub. (2) , irrespective of the funding status of the retirement system, the employer shall pay the remaining balance of actuarially determined normal cost contributions each year that is not covered by the employee contributions.

History: 2011 a. 10 , 32 ; 2023 a. 12 .
Wis. Stat. § 632.7495 — WI Code / Chapter 632 / Section 632.7495
Section 632.7495
Status: in_force

3. The insurer does not issue or deliver for issuance in this state any individual health benefit plan coverage before 5 years after the day on which the last individual health benefit plan coverage is discontinued under subd. 2.

(4) Except as the commissioner may provide by rule under sub. (5) and notwithstanding subs. (1) and (2) and s. 631.36 (4) , an insurer is not required to renew individual health benefit plan coverage that complies with all of the following:

(a) The coverage is marketed and designed to provide short-term coverage as a bridge between coverages.

(b) The coverage has a term of not more than 12 months.

(c) The coverage term aggregated with all consecutive periods of the insurer’s coverage of the insured by individual health benefit plan coverage not required to be renewed under this subsection does not exceed 18 months. For purposes of this paragraph, coverage periods are consecutive if there are no more than 63 days between the coverage periods.

(d) Rules promulgated by the commissioner under sub. (5) .

(5) The commissioner shall promulgate rules governing disclosures related to, and may promulgate rules setting standards for, the sale of individual health benefit plans that an insurer is not required to renew under sub. (4) .

History: 1997 a. 27 , 237 ; 2009 a. 28 .
Wis. Stat. § 616.62 — WI Code / Chapter 616 / Section 616.62
Enforcement.
Status: in_force

(1) The commissioner may conduct examinations of providers, administrators, servicer contract sellers, or other persons under ss. 601.43 to 601.45 to enforce the provisions of this subchapter and protect service contract holders in this state. Upon request of the commissioner, a provider shall make all accounts, books, and records concerning service contracts sold by or on behalf of the provider available to the commissioner which are necessary to enable the commissioner to reasonably determine compliance with this subchapter.

(2) The commissioner may take any action under ss. 601.41 and 601.61 to 601.73 that is necessary or appropriate to enforce the provisions of this subchapter and the commissioner’s rules and orders and to protect service contract holders in this state. The commissioner may subject a provider to any reporting and replying requirement under s. 601.42 .

History: 2011 a. 226 .
Wis. Stat. § 458.095 — WI Code / Chapter 458 / Section 458.095
Temporary use of titles; appraisers certified or licensed in other states.
Status: in_force

A certificate under this subchapter is not required for an appraiser who holds a current appraiser certificate in another state if all of the following apply:

(1) The appraisal is performed in a federally related transaction.

(2) The appraiser’s practice in this state is of a temporary nature, as determined by the department by rule.

(3) The appraiser is registered with the department.

(4) The appraiser meets all other requirements established in rules promulgated by the department for the regulation of temporary appraiser practice.

History: 1991 a. 78 ; 2017 a. 113 .
Wis. Stat. § 971.105 — WI Code / Chapter 971 / Section 971.105
Child victims and witnesses; duty to expedite proceedings.
Status: in_force

In all criminal and delinquency cases, juvenile fact-finding hearings under s. 48.31 and juvenile dispositional hearings involving a child victim or witness, as defined in s. 950.02 , the court and the district attorney shall take appropriate action to ensure a speedy trial in order to minimize the length of time the child must endure the stress of the child’s involvement in the proceeding. In ruling on any motion or other request for a delay or continuance of proceedings, the court shall consider and give weight to any adverse impact the delay or continuance may have on the well-being of a child victim or witness.

History: 1983 a. 197 ; 1985 a. 262 s. 8 ; 1993 a. 98 ; 1995 a. 77 .
Wis. Stat. § 409.329 — WI Code / Chapter 409 / Section 409.329
Priority of security interests in letter-of-credit right.
Status: in_force

The following rules govern priority among conflicting security interests in the same letter-of-credit right:

(1) Control by secured party. A security interest held by a secured party having control of the letter-of-credit right under s. 409.107 has priority to the extent of its control over a conflicting security interest held by a secured party that does not have control.

(2) Priority in time of control. Security interests perfected by control under s. 409.314 rank according to priority in time of obtaining control.

History: 2001 a. 10 .
Wis. Stat. § 449.07 — WI Code / Chapter 449 / Section 449.07
Denial, limitation, suspension, revocation, reprimand.
Status: in_force

(1) The examining board, by order, may reprimand and may deny, limit, suspend or revoke any license or certificate of registration if the licensee or registrant:

(a) Obtained the license or certificate through error or fraud;

(b) Is grossly incompetent;

(c) Is habitually drunk or addicted to the use of habit-forming drugs;

(d) Has been convicted in a court of competent jurisdiction, either within or without this state, of any violation of any law governing the practice of optometry or of any felony, subject to ss. 111.321 , 111.322 and 111.335 , a certified copy of the record of conviction to be conclusive evidence of such conviction;

(e) Has obtained or sought to obtain anything of value by fraudulent representation in the practice of optometry;

(f) Is guilty of immoral or unprofessional conduct;

(fm) Violates s. 449.17 , 449.18 or 449.19 ;

(g) Continued practice, knowingly having an infectious or contagious disease; or

(h) If the applicant or registrant maintains a professional connection or association with any other person continuing to violate this chapter after 10 days’ notice in writing by the examining board.

(3) Upon application and satisfactory proof that the cause of such revocation or suspension no longer exists, the examining board may reinstate any license or registration by it suspended or revoked. This subsection does not apply to a license or registration that is suspended under s. 440.13 (2) (c) or that is revoked under s. 440.12 .

History: 1975 c. 39 , 199 ; 1977 c. 29 , 125 , 280 ; 1977 c. 418 ss. 851 , 853 ; 1979 c. 162 ; 1981 c. 334 s. 25 (1) ; 1983 a. 289 ; 1989 a. 31 ; 1991 a. 39 ; 1997 a. 191 , 237 .
Wis. Stat. § 111.17 — WI Code / Chapter 111 / Section 111.17
Conflict of provisions; effect.
Status: in_force

Wherever the application of the provisions of other statutes or laws conflict with the application of the provisions of this subchapter, this subchapter shall prevail, except that in any situation where the provisions of this subchapter cannot be validly enforced the provisions of such other statutes or laws shall apply.

History: 1995 a. 27 ; 2011 a. 10 .