FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 342.19 — WI Code / Chapter 342 / Section 342.19
Perfection of security interests.
Status: in_force

(1) Unless excepted by s. 342.02 , a security interest in a vehicle of a type for which a certificate of title is required is not valid against creditors of the owner or subsequent transferees or secured parties of the vehicle unless perfected as provided in this chapter.

(2)

(a) Except as provided in sub. (2m) , a security interest is perfected in one of the following ways:

1. If the secured party is an individual or a person exempted by rule under s. 342.245 (3) , by the delivery to the department of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the secured party, and the required fee.

2. Except as provided in s. 342.245 (3) , if the secured party is not an individual, by the filing of a security interest statement containing the name and address of the secured party, and payment of the required fee, in the manner specified in s. 342.245 (1) .

(b) A security interest is perfected as of the later of the following:

1. The time of delivery to the department of the certificate of title if perfection occurs under par. (a) 1. or of the application if perfection occurs under par. (a) 2.

2. The time of the attachment of the security interest.

(2m) If a secured party whose name and address is contained on the certificate of title for a vehicle acquires a new or additional security interest in the vehicle, such security interest is perfected at the time of its attachment under s. 409.203 .

(3) An unperfected security interest is subordinate to the rights of persons described in ss. 409.317 and 409.323 .

(4) The rules of priority stated in s. 409.322 , the other sections therein referred to, and subch. III of ch. 409 shall, to the extent appropriate, apply to conflicting security interests in a vehicle of a type for which a certificate of title is required. A security interest perfected under this section is a security interest perfected otherwise than by filing for purposes of subch. III of ch. 409 .

(5) The rules stated in subch. VI of ch. 409 governing the rights and duties of secured parties and debtors and the requirements for, and effect of, disposition of a vehicle by a secured party, upon default shall, to the extent appropriate, govern the rights of secured parties and owners with respect to security interests in vehicles perfected under this chapter.

(6) If a vehicle is subject to a security interest when brought into this state, s. 409.316 states the rules which apply to determine the validity and perfection of the security interest in this state.

History: 1973 c. 336 s. 79 ; 1975 c. 286 , 422 ; 1977 c. 29 s. 1654 (7) (a) ; 1999 a. 179 ; 2001 a. 10 ; 2009 a. 28 .
Wis. Stat. § 709.06 — WI Code / Chapter 709 / Section 709.06
Good faith.
Status: in_force

The owner shall perform each act, and make each disclosure, required by this chapter with honesty in fact.

History: 1991 a. 162 .
Wis. Stat. § 632.85 — WI Code / Chapter 632 / Section 632.85
Coverage without prior authorization for treatment of an emergency medical condition.
Status: in_force

(1) In this section:

(a) “Emergency medical condition” means a medical condition that manifests itself by acute symptoms of sufficient severity, including severe pain, to lead a prudent layperson who possesses an average knowledge of health and medicine to reasonably conclude that a lack of immediate medical attention will likely result in any of the following:

1. Serious jeopardy to the person’s health or, with respect to a pregnant woman, serious jeopardy to the health of the woman or her unborn child.

2. Serious impairment to the person’s bodily functions.

3. Serious dysfunction of one or more of the person’s body organs or parts.

(b) “Health care plan” has the meaning given in s. 628.36 (2) (a) 1.

(c) “Self-insured health plan” means a self-insured health plan of the state or a county, city, village, town or school district.

(2) If a health care plan or a self-insured health plan provides coverage of any emergency medical services, the health care plan or self-insured health plan shall provide coverage of emergency medical services that are provided in a hospital emergency facility and that are needed to evaluate or stabilize, as defined in section 1867 of the federal Social Security Act, an emergency medical condition.

(3) A health care plan or a self-insured health plan that is required to provide the coverage under sub. (2) may not require prior authorization for the provision or coverage of the emergency medical services specified in sub. (2) .

History: 1997 a. 155 .
Wis. Stat. § 645.02 — WI Code / Chapter 645 / Section 645.02
Persons covered.
Status: in_force

The proceedings authorized by this chapter may be applied to all of the following:

(1) All insurers who are doing, or have done, an insurance business in this state, and against whom claims arising from that business may exist now or in the future.

(2) All insurers who purport to do an insurance business in this state.

(3) All insurers who have insureds resident in this state.

(4) All other persons organized or in the process of organizing with the intent to do an insurance business in this state.

(5) All service insurance corporations under ch. 613 and all fraternals as defined in s. 614.01 .

(6) All licensees under ch. 616 .

(7) All health maintenance organizations, limited service health organizations and preferred provider plans organized under ss. 185.981 to 185.985 .

History: 1975 c. 223 , 373 , 374 ; 1979 c. 93 , 261 , 355 ; 1985 a. 29 ; 2013 a. 271 .
Wis. Stat. § 786.56 — WI Code / Chapter 786 / Section 786.56
When sale valid.
Status: in_force

The validity of a sale made by a guardian may not be questioned by any person claiming under any title that is not derived from or through the deceased persons or the ward, on account of any irregularity in the proceedings if it appears that the guardian was licensed to make the sale by a court having jurisdiction and that the guardian did accordingly execute and acknowledge, in legal form, a deed for the conveyance of the premises.

History: 1979 c. 32 s. 63 ; 1979 c. 176 ; Stats. 1979 s. 786.56.
Wis. Stat. § 70.63 — WI Code / Chapter 70 / Section 70.63
Apportionment of county and state taxes to municipalities.
Status: in_force

(1) By county clerk. The county clerk shall apportion the county tax and the whole amount of state taxes and charges levied upon the county, as certified by the department of administration, among the towns, cities and villages of the county, according and in proportion to the valuation thereof as determined by the department of revenue. The county clerk shall carry out in the record book, opposite the name of each in separate columns, the amount of state taxes and charges and the amount of county taxes so apportioned thereto, and the amount of all other special taxes or charges apportioned or ordered, or which the clerk is required by law to make in any year to any town, city or village, to be collected with the annual taxes. The clerk shall certify to the clerk of and charge to each town, city and village, except in cities of the 1st class, the amount of all such taxes so apportioned to and levied upon it, and shall, at the same time, file with the county treasurer a certified copy of each apportionment.

(2) City of first class. The county clerk shall certify in a similar manner to the commissioner of assessments of each city of the first class located within the limits of the county.

History: 1973 c. 90 ; 1981 c. 20 ; 1991 a. 156 ; 1997 a. 35 .
Wis. Stat. § 214.785 — WI Code / Chapter 214 / Section 214.785
Review of acts, orders or determinations.
Status: in_force

(1) Any interested person or a savings bank aggrieved by any act, order or determination of the division, which relates to savings banks may, within 20 days after receipt or service of a copy of the act, order or determination, file a written notice requesting the review board’s review of the division’s act, order or determination. The sole review of the division’s decision shall be to determine if the division acted within the scope of the division’s authority, has not acted in an arbitrary or capricious manner and that the act, order or determination of the division is supported by substantial evidence in view of the entire record as submitted. The review of applications for new savings banks, branch offices or relocation of offices shall be based exclusively on the record and new evidence may not be taken by the review board. Applications under this subsection shall be considered and disposed of as speedily as possible.

(2) A determination of the review board shall be subject to review under ch. 227 . If an act, order or determination of the division is reversed or modified by the review board, the division shall be considered to be a person aggrieved and directly affected by the decision under s. 227.53 (1) .

(3) A member of the review board may not act on any matter involving a savings bank or savings bank holding company of which the member is an officer, director, employee or agent.

History: 1991 a. 221 ; 1995 a. 27 .
Wis. Stat. § 403.412 — WI Code / Chapter 403 / Section 403.412
Obligation of issuer of note or cashier’s check.
Status: in_force

The issuer of a note or cashier’s check or other draft drawn on the drawer is obliged to pay the instrument according to its terms at the time that it was issued or, if not issued, at the time that it first came into possession of a holder or, if the issuer signed an incomplete instrument, according to its terms when completed, to the extent stated in ss. 403.115 and 403.407 . The obligation is owed to a person entitled to enforce the instrument or to an endorser who paid the instrument under s. 403.415 .

History: 1995 a. 449 .
Wis. Stat. § 72.23 — WI Code / Chapter 72 / Section 72.23
Acceleration and interest.
Status: in_force

(1) If the tax imposed by this chapter is not paid when it is due under s. 72.22 , interest is due and payable at the rate of 12 percent per year from date of death. In computing time under this section, the day of death is excluded. If any payment of tax or interest under s. 72.225 is not paid when due, the tax and interest due shall be paid upon notice by the department.

(2) The department or circuit court may waive interest on any additional tax arising from the discovery of property omitted in the inventory of total assets or in the original tax determination, if due diligence was exercised in determining the assets.

History: 1971 c. 310 ; 1973 c. 90 ; 1977 c. 29 ; 1977 c. 449 s. 497 ; 1981 c. 20 ; 1987 a. 27 ; 1995 a. 27 ; 1997 a. 291 ; 2005 a. 49 .
Wis. Stat. § 628.98 — WI Code / Chapter 628 / Section 628.98
Rules.
Status: in_force

The commissioner may promulgate any rules necessary to carry out the purposes of this subchapter. Notwithstanding s. 227.24 (1) (a) and (3) , the commissioner may promulgate rules under this section as emergency rules under s. 227.24 without providing evidence that promulgating a rule under this section as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and without a finding of emergency.

History: 2013 a. 20 .
Wis. Stat. § 82.09 — WI Code / Chapter 82 / Section 82.09
County aid for dams used for bridges.
Status: in_force

A town board may file a petition with the county board stating that the town board has voted to acquire the right to use a roadway on a dam. The petition shall contain a legal description and scale map of the dam and roadway, and shall state the amount agreed to be paid to the owner for the use of the roadway. Upon receipt of a petition, the county board shall appropriate a sum equal to 50 percent of the amount agreed to be paid for the use. The county board shall, on the order of the chairperson of the county board and county clerk, cause such sum to be paid to the treasurer of the town whenever the town board notifies the county highway commissioner that a contract for the use of the roadway has been executed.

History: 2003 a. 214 s. 151 .
Wis. Stat. § 775.05 — WI Code / Chapter 775 / Section 775.05
Compensation for innocent convicts.
Status: in_force

(1) The claims board shall hear petitions for the relief of innocent persons who have been convicted of a crime.

(2) Any person who is imprisoned as the result of his or her conviction for a crime in any court of this state, of which crime the person claims to be innocent, and who is released from imprisonment for that crime after March 13, 1980, may petition the claims board for compensation for such imprisonment. Upon receipt of the petition, the claims board shall transmit a copy thereof to the prosecutor who prosecuted the petitioner and the judge who sentenced the petitioner for the conviction which is the subject of the claim, or their successors in office, for the information of these persons.

(3) After hearing the evidence on the petition, the claims board shall find either that the evidence is clear and convincing that the petitioner was innocent of the crime for which he or she suffered imprisonment, or that the evidence is not clear and convincing that he or she was innocent.

(4) If the claims board finds that the petitioner was innocent and that he or she did not by his or her act or failure to act contribute to bring about the conviction and imprisonment for which he or she seeks compensation, the claims board shall find the amount which will equitably compensate the petitioner, not to exceed $25,000 and at a rate of compensation not greater than $5,000 per year for the imprisonment. Compensation awarded by the claims board shall include any amount to which the board finds the petitioner is entitled for attorney fees, costs and disbursements. If the claims board finds that the amount it is able to award is not an adequate compensation it shall submit a report specifying an amount which it considers adequate to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2) .

(5) The claims board shall keep a complete record of its proceedings in each case and of all the evidence. The findings and the award of the claims board shall be subject to review as provided in ch. 227 .

History: 1979 c. 32 s. 53 ; 1979 c. 126 , 176 ; Stats. 1979 s. 775.05; 1987 a. 186 .
Wis. Stat. § 185.32 — WI Code / Chapter 185 / Section 185.32
Directors; meetings, quorum and waiver of notice.
Status: in_force

(1) Meetings of the board shall be held at such place and upon such notice as is prescribed in or pursuant to the bylaws.

(2) Unless a greater number is required in the bylaws, a majority of the directors in office shall constitute a quorum for transaction of business. Unless a greater number is required in the bylaws, an act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the board.

(3) A signed waiver of notice of a board meeting is equivalent to personal notice to the person so signing. The waiver may be signed at any time. Attendance at a meeting is a waiver of notice of such meeting, except when a director attends the meeting and objects thereat to the transaction of business because the meeting was not lawfully convened.

(4) Unless the bylaws provide otherwise, the purposes of any meeting of the board need not be specified in the notice or waiver of notice of such meeting.

(5)

(a) Unless the articles or bylaws provide otherwise, the board may permit any or all directors to participate in a regular or special meeting or in a committee meeting, including an executive committee meeting, of the board by, or to conduct the meeting through the use of, any means of communication by which any of the following occurs:

1. All participating directors may simultaneously hear each other during the meeting.

2. All communication during the meeting is immediately transmitted to each participating director, and each participating director is able to immediately send messages to all other participating directors.

(b) If a meeting will be conducted through the use of any means described in par. (a) , all participating directors shall be informed that a meeting is taking place at which official business may be transacted. A director participating in a meeting by any means described in par. (a) is deemed to be present in person at the meeting. If requested by a director, minutes of the meeting shall be prepared and distributed to each director.

History: 1989 a. 308 ; 1991 a. 16 .
Wis. Stat. § 351.027 — WI Code / Chapter 351 / Section 351.027
Hearing on revocations.
Status: in_force

(1) Whenever the secretary under authority of s. 351.025 revokes a person’s operating privilege, the secretary shall immediately notify the person in writing of the revocation and of the person’s right to a hearing on the revocation as provided in sub. (2) . The department shall send the notice by 1st class mail to the address most recently provided to the department by the person.

(2) If the person denies that he or she is a habitual traffic offender or repeat habitual traffic offender, the person may file with the circuit court for the county in which the person resides or, in the case of a nonresident, with the circuit court for Dane County a petition for a hearing and determination by the court that the person is not a habitual traffic offender or repeat habitual traffic offender. The scope of the hearing shall be limited to whether or not the person is the same person named in the record and whether or not the person was convicted of each offense shown by the record. The clerk of the court in which the petition is filed shall forward a copy of the petition to the secretary.

History: 1985 a. 71 .
Wis. Stat. § 54.962 — WI Code / Chapter 54 / Section 54.962
General duties of custodial trustee.
Status: in_force

(1) If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property.

(2) If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment or retention of the custodial trust property. In the absence of effective contrary direction by the beneficiary while not incapacitated, the custodial trustee shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other law restricting investments by fiduciaries. However, a custodial trustee, in the custodial trustee’s discretion, may retain any custodial trust property received from the transferor. If a custodial trustee has a special skill or expertise or is named custodial trustee on the basis of representation of a special skill or expertise, the custodial trustee shall use that skill or expertise.

(3) Subject to sub. (2) , a custodial trustee shall take control of and collect, hold, manage, invest and reinvest custodial trust property.

(4) A custodial trustee at all times shall keep custodial trust property of which the custodial trustee has control separate from all other property in a manner sufficient to identify it clearly as custodial trust property of the beneficiary. Custodial trust property, the title to which is subject to recordation, is so identified if an appropriate instrument so identifying the property is recorded, and custodial trust property subject to registration is so identified if it is registered or held in an account in the name of the custodial trustee designated in substance: “as custodial trustee for .... (name of beneficiary) under the Wisconsin Uniform Custodial Trust Act”.

(5) A custodial trustee shall keep records of all transactions with respect to custodial trust property, including information necessary for the preparation of tax returns, and shall make the records and information available at reasonable times to the beneficiary or legal representative of the beneficiary.

(6) The exercise of a durable power of attorney for an incapacitated beneficiary is not effective to terminate or direct the administration or distribution of a custodial trust.

History: 1991 a. 246 ; 2005 a. 387 s. 560 ; Stats. 2005 s. 54.962.
Wis. Stat. § 302.43 — WI Code / Chapter 302 / Section 302.43
Good time.
Status: in_force

Every inmate of a county jail is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit for time served prior to sentencing under s. 973.155 , including good time under s. 973.155 (4) . An inmate who violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section, except that the sheriff shall not deprive the inmate of more than 2 days good time for any one offense without the approval of the court. An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of the number of days of good time specified in the court order prepared under s. 807.15 (3) . This section does not apply to a person who is confined in the county jail in connection with his or her participation in a substance abuse treatment program that meets the requirements of s. 165.95 (3) , as determined by the department of justice under s. 165.95 (9) and (10) .

History: 1977 c. 353 ; 1989 a. 31 s. 1667 ; Stats. 1989 s. 302.43; 1997 a. 133 ; 2005 a. 25 ; 2013 a. 20 .
Wis. Stat. § 753.35 — WI Code / Chapter 753 / Section 753.35
Rules of practice and trial court administration.
Status: in_force

(1) A circuit court may, subject to the approval of the chief judge of the judicial administrative district, adopt and amend rules governing practice in that court that are consistent with rules adopted under s. 751.12 and statutes relating to pleading, practice, and procedure. The court shall file each adopted or amended rule with the clerk of circuit court. Except for a rule adopted or amended as an emergency rule, the court shall file an adopted or amended rule prior to the rule’s effective date. The clerk of circuit court shall send a copy of the filed adopted or amended rule to the secretary of the local bar association in that circuit, the court administrator for that judicial administrative district, the State Bar of Wisconsin, the state law library, and the office of the director of state courts. A person may submit to the court written comments on a rule for the court’s consideration in determining whether revision of the rule is needed. The clerk of circuit court shall print and make available to the public, at cost, all rules adopted or amended under this section.

(2) The chief judge of the judicial administrative district shall file a local rule of trial court administration adopted or amended under SCR 70.34 with the court administrator for the judicial administrative district. The chief judge of the judicial administrative district shall file the local rule prior to the rule’s effective date. The court administrator for the judicial administrative district shall send a copy of the filed adopted or amended rule to the clerks of circuit court in the judicial administrative district, the secretaries of the local bar associations in the district, the State Bar of Wisconsin, the state law library, and the office of the director of state courts. A person may submit to the chief judge of the judicial administrative district written comments on a rule for the chief judge’s consideration in determining whether revision of the rule is needed. The clerks of circuit court in the judicial administrative district shall print and make available to the public, at cost, all rules adopted under SCR 70.34 .

(3) The State Bar of Wisconsin, the state law library, and the clerks of court to whom copies of rules are sent under this section shall serve as repositories of the rules sent to them under subs. (1) and (2) .

History: Sup. Ct. Order No. 93-14 , 185 Wis. 2d xv (1994); Sup. Ct. Order No. 94-09 , 187 Wis. 2d xix (1994); 1995 a. 225 ; 1997 a. 35 ; 2001 a. 103 .