FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 861.17 — WI Code / Chapter 861 / Section 861.17
Rights in property transferred in fraud of surviving spouse.
Status: in_force

(1) Nothing in this chapter precludes a court in an equitable proceeding from subjecting to the rights of the surviving spouse under ch. 852 and this chapter any property arrangement made by the decedent in fraud of those rights. A property arrangement in fraud of the rights of the surviving spouse means any of the following:

(a) Any transfer or acquisition of property, regardless of the form or type of property rights involved, made by the decedent during marriage or in anticipation of marriage for the primary purpose of defeating the rights of the surviving spouse under ch. 852 and this chapter.

(b) Any breach of the good faith duty imposed by s. 766.15 made for the primary purpose of defeating the rights of the surviving spouse in or to marital property.

(2) An arrangement made before marriage, or within one year after marriage, or prior to April 1, 1971, to provide for issue by a prior marriage is not a fraudulent property arrangement within the meaning of this section.

(3) If the spouse is successful in an action to reach fraudulent property arrangements, recovery is limited to the amount the spouse would receive under ch. 852 and this chapter. Other rules of this chapter apply so far as possible. A spouse who recovers under this subsection forfeits any power of appointment that the surviving spouse possesses over the remaining portion of the fraudulently arranged property, except a special power.

(3m) If the spouse is successful in an action to reach fraudulent property arrangements involving marital property, recovery is limited to the surviving spouse’s interest in the marital property. Other rules of this chapter apply so far as possible. Recovery forfeits any power of appointment which the surviving spouse possesses over the remaining portion of the fraudulently arranged marital property, except a special power.

(4) The surviving spouse has no rights against any person dealing with the property without actual knowledge, or receipt of written notice, of the claim of the spouse. A person who has knowledge of facts and circumstances sufficient to put the person on inquiry as to a claim by the spouse does not have actual knowledge and is not required to make further inquiry. This subsection does not protect a gratuitous donee from the original beneficiary of the fraudulent arrangement.

(5) Every such suit must be brought within 3 years of decedent’s death, but may be barred by laches at an earlier date.

History: 1983 a. 186 ; 1985 a. 37 s. 187 ; 1993 a. 486 ; 2005 a. 216 .
Wis. Stat. § 139.315 — WI Code / Chapter 139 / Section 139.315
Cigarette inventory tax imposed; procedures.
Status: in_force

(1) Inventory tax imposed. On the effective date of any increase in the sum of the rates under s. 139.31 (1) (a) and (c) or in the sum of the rates under s. 139.31 (1) (b) and (d) , an inventory tax is imposed upon cigarettes held in inventory for sale or resale on which the cigarette tax has been paid at the prior rate and upon unaffixed stamps in the possession of distributors. Any person who is in possession of any such cigarettes or unaffixed stamps shall pay the tax imposed under this section. Any person liable for this tax shall determine the number of cigarettes and unaffixed stamps in the person’s possession on the effective date of the increase, and by the 30th day after the effective date of the increase the person shall file a return and shall by that date pay the tax due.

(2) Inventory tax computation. The cigarette inventory tax under this section is computed by multiplying the number of cigarettes held in inventory for sale or resale by the difference between the prior tax rate and the new tax rate and adding to that amount an amount determined by multiplying the number of unaffixed stamps held by the difference between the prior tax rate and the new tax rate.

(3) Administration. Sections 71.74 (1) , (2) , (10) , (11) , (13) and (14) , 71.75 (4) to (7) , 71.80 (12) , 71.82 (2) , 71.83 (2) (b) 3. , 71.88 (1) (a) and (2) (a) , 71.89 , 71.90 , 71.91 (1) (a) and (c) and (2) to (7) , 71.92 , 73.01 , 73.015 and 73.0301 apply to this section.

(4) Late filing fee. Any person who fails to file a cigarette inventory tax return when due shall pay a late filing fee of $10. A return that is mailed is timely if it is mailed in a properly addressed envelope with postage prepaid, if the envelope is postmarked, or marked or recorded electronically as provided under section 7502 (f) (2) (c) of the Internal Revenue Code, on the due date and if the return is actually received by the department or at the destination that the department prescribes within 5 days of the due date. A return that is not mailed is timely if it is received on or before the due date by the department or at the destination that the department prescribes. For purposes of this subsection, “mailed” includes delivery by a delivery service designated under section 7502 (f) of the Internal Revenue Code.

(5) Interest on delinquent payments. If any person does not timely pay the tax imposed under this section, that person is liable for interest at the rate of 1.5 percent per month or fraction of a month from the date the tax is due until the date when the tax is paid.

(6) Penalty. If any person who is liable for the tax under this section files a false or fraudulent return, that person is also liable, in addition to the tax due, for an amount equal to the amount of tax the person evaded or attempted to evade.

History: 1981 c. 317 ; 1985 a. 29 ; 1987 a. 312 s. 17 ; 1991 a. 39 ; 1995 a. 233 ; 1997 a. 27 , 237 ; 2005 a. 49 ; 2007 a. 20 .
Wis. Stat. § 701.1013 — WI Code / Chapter 701 / Section 701.1013
Certification of trust.
Status: in_force

(1) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information:

(a) That the trust exists and the date on which the trust instrument was executed.

(b) The identity of the settlor.

(c) The identity and address of the currently acting trustee.

(d) The powers of the trustee.

(e) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust.

(f) The authority of a cotrustee to sign or otherwise authenticate and whether all cotrustees or less than all cotrustees are required to sign or otherwise authenticate in order to exercise powers of the trustee.

(g) The manner in which title to trust property may be taken.

(2) A certification of trust may be signed or otherwise authenticated by any trustee.

(3) A trustee shall include in a certification of trust that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.

(4) A certification of trust does not need to contain the dispositive terms of a trust.

(5) A recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments that designate the trustee and confer upon the trustee the power to act in the pending transaction.

(6) A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification.

(7) A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.

(8) A person making a demand for copies of the trust instrument or excerpts from the trust instrument, other than those excerpts described in sub. (5) , in addition to a certification of trust is liable for costs, expenses, reasonable attorney fees, and damages if the court determines that the person did not act in good faith in demanding the copies.

(9) This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust.

History: 2013 a. 92 ; 2013 a. 151 s. 28 .
Wis. Stat. § 601.02 — WI Code / Chapter 601 / Section 601.02
Definitions.
Status: in_force

In this chapter, unless the context indicates otherwise:

(1) “Adjuster” means any person who represents an insurer or an insured in negotiations for the settlement of a claim against the insurer arising out of the coverage provided by an insurance policy.

(3) “Agent” means an intermediary as defined in s. 628.02 (4) .

History: 1971 c. 260 ; 1975 c. 371 .
Wis. Stat. § 180.1422 — WI Code / Chapter 180 / Section 180.1422
Reinstatement following administrative dissolution.
Status: in_force

(1) A corporation that is administratively dissolved may apply to the department for reinstatement. The application shall include all of the following:

(a) The name of the corporation and the effective date of its administrative dissolution.

(b) A statement that each ground for dissolution either did not exist or has been cured.

(c) A statement that the corporation’s name satisfies s. 180.0401 .

(2)

(a) The department shall cancel the certificate of dissolution and issue a certificate of reinstatement that complies with par. (b) if the department determines all of the following:

1. That the application contains the information required by sub. (1) and the information is correct.

2. That all fees and penalties owed by the corporation to the department under this chapter have been paid.

(b) The certificate of reinstatement shall state the department’s determination under par. (a) and the effective date of reinstatement. The department shall file the certificate and provide a copy to the corporation or its representative.

(3) When the reinstatement becomes effective, it shall, except as provided in sub. (4) (b) , relate back to and take effect as of the effective date of the administrative dissolution, and the corporation may resume carrying on its business as if the administrative dissolution had never occurred.

(4) When reinstatement under this section is effective, all of the following rules apply:

(a) Except as provided in par. (b) , the corporation’s period of duration continues as if the dissolution had never occurred.

(b) The rights of a person arising out of an act or omission in reliance on the dissolution before the person knew or had notice of the reinstatement are not affected.

History: 1989 a. 303 ; 1991 a. 173 ; 1993 a. 214 ; 1995 a. 27 ; 1997 a. 27 ; 2021 a. 258 .
Wis. Stat. § 889.07 — WI Code / Chapter 889 / Section 889.07
§ 889.07. Court records and copies.
Status: in_force

The original records, papers and files in or concerning any action or proceeding of any nature or description in any court of the state, being produced by the legal custodian thereof, shall be receivable in evidence whenever relevant; and a certified copy thereof shall be received with like effect as the original.
Wis. Stat. § 402.507 — WI Code / Chapter 402 / Section 402.507
Effect of seller’s tender; delivery on condition.
Status: in_force

(1) Tender of delivery is a condition to the buyer’s duty to accept the goods and, unless otherwise agreed, to the buyer’s duty to pay for them. Tender entitles the seller to acceptance of the goods and to payment according to the contract.

(2) Where payment is due and demanded on the delivery to the buyer of goods or documents of title, the buyer’s right as against the seller to retain or dispose of them is conditional upon the buyer’s making the payment due.

History: 1991 a. 316 .
Wis. Stat. § 183.0120 — WI Code / Chapter 183 / Section 183.0120
Delivery of record.
Status: in_force

(1) Except as otherwise provided in this chapter, permissible means of delivery of a record include delivery by hand, mail, conventional commercial practice, and electronic transmission.

(2) Delivery to the department is effective only when a record is received by the department.

History: 2021 a. 258 .
Wis. Stat. § 891.16 — WI Code / Chapter 891 / Section 891.16
Certificate of land transfers.
Status: in_force

A certificate by the secretary of state, under the great or lesser seal, to any facts which appear from the books, files and records in the secretary of state’s office or the office of the commissioners of public lands in regard to the grant, conveyance or transfer of any land by the United States to the territory or state of Wisconsin, and also in regard to the sale, conveyance or transfer of any such land by said territory or state shall be received as presumptive evidence of the facts so certified.

History: 1993 a. 486 .
Wis. Stat. § 910.07 — WI Code / Chapter 910 / Section 910.07
Testimony or written admission of party.
Status: in_force

Contents of writings, recordings or photographs may be proved by the testimony or deposition of the party against whom offered or by the party’s written admission, without accounting for the nonproduction of the original.

History: Sup. Ct. Order, 59 Wis. 2d R1, R363 (1973); 1991 a. 32 .
Wis. Stat. § 221.0603 — WI Code / Chapter 221 / Section 221.0603
Number and election of directors.
Status: in_force

(1) Required number. A board of directors shall consist of 5 or more natural persons, with the number specified in or fixed in accordance with the articles of incorporation or bylaws.

(2) Change in number. The number of directors may be increased or, subject to s. 221.0605 (2) , decreased from time to time by amendment to, or in the manner provided in, the articles of incorporation or the bylaws.

(3) Election. Directors shall be elected at the meeting held before the bank is authorized to commence business by the division, and at each annual meeting thereafter unless their terms are staggered under s. 221.0606 .

History: 1995 a. 336 .
Wis. Stat. § 302.03 — WI Code / Chapter 302 / Section 302.03
Oath of office.
Status: in_force

The wardens and the superintendents of the state correctional institutions, as defined in s. 301.01 (4) , shall each take the official oath required by s. 19.01 .

History: 1989 a. 31 s. 1619 ; Stats. 1989 s. 302.03; 2021 a. 247 .
Wis. Stat. § 610.61 — WI Code / Chapter 610 / Section 610.61
Duty of life insurers to report abandoned property.
Status: in_force

An insurer doing a life insurance business shall report under subch. IV of ch. 177 any property presumed abandoned under subch. II of ch. 177 .

History: 1979 c. 102 ; 1983 a. 408 s. 16 ; 2021 a. 87 .
Wis. Stat. § 227.51 — WI Code / Chapter 227 / Section 227.51
Licenses.
Status: in_force

(1) When the grant, denial or renewal of a license is required to be preceded by notice and opportunity for hearing, the provisions of this chapter concerning contested cases apply.

(2) When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally acted upon by the agency, and, if the application is denied or the terms of the new license are limited, until the last day for seeking review of the agency decision or a later date fixed by order of the reviewing court.

(3)

(a) Except as otherwise specifically provided by law, no revocation, suspension, annulment, or withdrawal of any license is lawful unless the agency gives notice by mail to the licensee of facts or conduct which warrant the intended action and the licensee is given an opportunity to show compliance with all lawful requirements for the retention of the license.

(b) If an agency finds that public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, the agency may order the summary suspension of a license pending proceedings for revocation or other action. Such proceedings shall be promptly instituted and determined.

(c) If an agency finds that public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, the agency may order the summary limitation of a license pending proceedings for revocation or other action. Such proceedings shall be promptly instituted and determined. This paragraph applies only to an agency described in s. 440.03 (1) .

History: 1975 c. 414 ; 1985 a. 182 s. 33t ; Stats. 1985 s. 227.51; 2017 a. 328 .
Wis. Stat. § 89.079 — WI Code / Chapter 89 / Section 89.079
Unauthorized practice.
Status: in_force

(1) The department may conduct investigations, hold hearings, and make findings as to whether a person has engaged in a practice or used a title without a credential required under this chapter.

(2) If, after holding a public hearing, the department determines that a person has engaged in a practice or used a title without a required credential, the department may issue a special order enjoining the person from continuing the practice or use of the title.

(3) In lieu of holding a public hearing, if the department has reason to believe that a person has engaged in a practice or used a title without a required credential, the department may petition the circuit court for a temporary restraining order or an injunction as provided in ch. 813 .

(4)

(a) Any person who violates a special order issued under sub. (2) may be required to forfeit not more than $10,000 for each offense. Each day of continued violation constitutes a separate offense. The attorney general or any district attorney may commence an action in the name of the state to recover a forfeiture under this paragraph.

(b) Any person who violates a temporary restraining order or an injunction issued by a court upon a petition under sub. (3) may be fined not less than $25 nor more than $5,000 or imprisoned for not more than one year in the county jail or both.

History: 2015 a. 55 .
Wis. Stat. § 322.072 — WI Code / Chapter 322 / Section 322.072
Article 72 — Vacation of suspension.
Status: in_force

(1) Before the vacation of the suspension of a special court-martial sentence, which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on an alleged violation of probation. The probationer shall be represented at the hearing by military counsel if the probationer so desires.

(2) The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in this code.

(3) The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.

History: 2007 a. 200 .
Wis. Stat. § 227.27 — WI Code / Chapter 227 / Section 227.27
Construction of administrative rules.
Status: in_force

(1) In construing rules, ss. 990.001 , 990.01 , 990.03 (1) , (2) and (4) , 990.04 and 990.06 apply in the same manner in which they apply to statutes, except that ss. 990.001 and 990.01 do not apply if the construction would produce a result that is inconsistent with the manifest intent of the agency.

(2) The code shall be prima facie evidence in all courts and proceedings as provided by s. 889.01 , but this does not preclude reference to or, in case of a discrepancy, control over a rule filed with the legislative reference bureau under s. 227.20 or modified under s. 227.265 , and the certified copy of a rule shall also and in the same degree be prima facie evidence in all courts and proceedings.

History: 1983 a. 544 ; 1985 a. 182 ss. 22 , 55 (2) , (3); Stats. 1985 s. 227.27; 2005 a. 249 ; 2007 a. 20 ; 2013 a. 125 , 136 , 210 , 277 , 278 , 295 , 320 , 332 , 361 , 363 .
Wis. Stat. § 13.04 — WI Code / Chapter 13 / Section 13.04
Legislators’ eligibility to other civil office.
Status: in_force

(1) No member of the legislature shall, during the term for which the legislator was elected, be appointed or elected to any civil office in this state, which shall have been created, or the emoluments of which shall have been increased, during the term for which the legislator was elected.

(2) Any former member of the legislature may, after expiration of the term for which the former member was elected to the legislature, be appointed or elected to any judicial office or state civil office or position and shall, if so appointed or elected, be entitled to the full compensation, expense reimbursement or other emoluments established by law for such office or position.

(3) Any incumbent member of the legislature may, during the term for which the member was elected to the legislature, seek election to any judicial office or state elective office for a term commencing upon the expiration of the member’s current legislative term and shall, if so elected, upon the commencement of the new term be entitled to the full compensation, expense reimbursement or other emoluments for such office or position established by law as of the date on which the term begins.

(4) Any incumbent member of the legislature who, during the term for which the member was elected to the legislature, by appointment or election assumes any judicial office or state civil office or position for which the compensation or other emoluments were increased during the member’s current legislative term by legislative action, or by any other official action requiring the assent of or subject to veto by the legislature, shall be entitled to the compensation or other emoluments for such office or position only at the rate in effect prior to such increase.

(5) Nothing in this subsection shall prevent the concurrent appointment of an incumbent legislator to an unsalaried part-time state position created during the legislator’s current legislative term when the emoluments for such position are limited to reimbursement for actual and necessary expenses incurred in the performance of the duties of the position and when the duties of such position are not incompatible with the legislator’s duties as a member of the legislature.

(6) No member of the legislature may hold office as a legislator concurrent with holding office as a county executive for more than 60 days following certification of the election for either office.

History: 1973 c. 333 ; 1991 a. 316 ; 1997 a. 27 ; 2015 a. 154 .
Wis. Stat. § 128.03 — WI Code / Chapter 128 / Section 128.03
Liens by legal proceedings; assignment.
Status: in_force

When a lien has been obtained by legal proceedings against the property of a debtor the debtor may, within 30 days thereafter, make an assignment of all of the debtor’s nonexempt property for the benefit of all of the debtor’s creditors, whereupon the lien shall be dissolved and the property shall be turned over to the assignee.

History: 1993 a. 492 ; 1997 a. 253 .
Wis. Stat. § 194.355 — WI Code / Chapter 194 / Section 194.355
Operation under certificate, license or permit.
Status: in_force

The operation of a motor vehicle under a certificate or permit issued to a common motor carrier or under a license or permit issued to a contract motor carrier shall, during the effective life of the certificate, license or permit, be deemed to be the operation of the holder of the certificate, license or permit for all purposes related to the enforcement of this chapter and chs. 110 , 341 to 349 and 351 .

History: 1979 c. 333 s. 5 ; 1981 c. 390 ; 1993 a. 16 .