FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 611.12 — WI Code / Chapter 611 / Section 611.12
Articles and bylaws.
Status: in_force

(1) Stock corporations. Section 180.0202 applies to the articles of a stock corporation, except that:

(a) The name of the corporation shall include the word “insurance” or a term of equivalent meaning, and shall comply with s. 180.0401 (2) to (4) ;

(am) The articles shall include a statement that the corporation is organized under this chapter;

(b) Authorized shares shall conform to s. 611.33 (1) ; and

(c) The purposes of the corporation shall be limited to those permitted by s. 610.21 .

(2) Mutuals. Section 181.0202 applies to the articles of a mutual, except that:

(a) The name of the corporation shall include the words “mutual” and “insurance” or terms of equivalent meaning and shall comply with s. 181.0401 (2) to (4) ;

(am) The articles shall include a statement that the corporation is organized under this chapter;

(b) The articles shall include provision for mutual bonds if any are to be authorized, which shall conform to s. 611.33 (2) (a) ;

(c) The purposes of the corporation shall be limited to those permitted in s. 610.21 ;

(d) If assessable policies are permitted, the articles shall contain general provisions respecting assessment liabilities and procedures, including a provision specifying the classes of business on which assessment may be separately levied; and

(e) The articles may specify those classes of persons who may be policyholders, or prescribe the procedure for establishing or removing restrictions on the classes of persons who may be policyholders, and the articles shall state that each policyholder is a member of the corporation.

(3) Principal officers. Sections 180.0840 and 180.0841 apply to stock corporations and ss. 181.0840 and 181.0841 apply to mutuals. Notwithstanding s. 180.0840 (1) or 181.0840 (1) , the articles or bylaws shall specifically designate 3 or more offices, the holders of which shall be the principal officers of the corporation. Notwithstanding s. 180.0840 (3) or 181.0840 (3) , the principal offices shall be held by at least 3 separate individuals.

(4) Bylaws. The bylaws of a domestic corporation shall comply with this chapter, and a copy of the bylaws and any amendments thereto shall be filed with the commissioner within 60 days after adoption. Subject to this subsection, to ss. 611.13 (2) (d) and (5) and 611.22 (4) , ss. 180.0206 and 180.1020 to 180.1022 apply to stock corporations and ss. 181.0206 , 181.0207 and 181.1021 apply to mutuals.

(5) Forum selection provisions. Section 180.0145 applies to stock corporations, and s. 181.0163 applies to mutuals.

History: 1971 c. 260 ; 1989 a. 303 ; 1997 a. 79 ; 1999 a. 85 ; 2023 a. 212 .
Wis. Stat. § 59.65 — WI Code / Chapter 59 / Section 59.65
Publication of financial report.
Status: in_force

A board shall cause to be made out and published in the county, as a class 1 notice, under ch. 985 , immediately after its annual meeting, a report of the receipts and expenditures of the immediately preceding year and the accounts allowed. The board may waive the publication of names of needy soldiers, sailors, marines and United States war veterans and the amount of aid provided under s. 45.81 (3) and shall publish in lieu thereof the total disbursements thereunder.

History: 1985 a. 29 s. 3202 (56) ; 1995 a. 201 s. 434 ; Stats. 1995 s. 59.65; 2005 a. 22 .
Wis. Stat. § 289.46 — WI Code / Chapter 289 / Section 289.46
Transference of responsibility.
Status: in_force

(1) Any person acquiring rights of ownership, possession or operation in a licensed solid or hazardous waste facility at any time after the facility begins to accept waste is subject to all requirements of the license approved for the facility including any requirements relating to long-term care of the facility and is subject to any negotiated agreement or arbitration award related to the facility under s. 289.33 . Upon acquisition of the rights, the department shall issue a new operating license if the previous licensee is no longer connected with the operation of the facility, if the new licensee meets all requirements specified in the previous license, the approved plan of operation, if any, and the rules promulgated under s. 291.05 or 291.07 , if applicable.

(2) Any person having or acquiring rights of ownership in land where a solid or hazardous waste disposal facility was previously operated may not undertake any activities on the land which interfere with the closed facility causing a significant threat to public health, safety or welfare.

History: 1977 c. 377 ; 1981 c. 374 ; 1983 a. 410 ss. 62 , 2202 (38) ; Stats. 1983 s. 144.444; 1989 a. 31 ; 1995 a. 227 s. 625 ; Stats. 1995 s. 289.46.
Wis. Stat. § 411.207 — WI Code / Chapter 411 / Section 411.207
Course of performance or practical construction.
Status: in_force

(1) If a lease contract involves repeated occasions for performance by either party with knowledge of the nature of the performance and opportunity for objection to it by the other, any course of performance accepted or acquiesced in without objection is relevant to determine the meaning of the lease agreement.

(2) The express terms of a lease agreement and any course of performance, as well as any course of dealing and usage of trade, shall be construed whenever reasonable as consistent with each other; but if that construction is unreasonable, express terms control course of performance, course of performance controls both course of dealing and usage of trade, and course of dealing controls usage of trade.

(3) Subject to the provisions of s. 411.208 on modification and waiver, course of performance is relevant to show a waiver or modification of any term that is inconsistent with the course of performance.

History: 1991 a. 148 .
Wis. Stat. § 66.0408 — WI Code / Chapter 66 / Section 66.0408
Regulation of occupations.
Status: in_force

(1) Definitions. In this section, “political subdivision” means a city, village, town, or county.

(2) Limitations on new regulations.

(a) Except as provided in sub. (3) , beginning on November 13, 2015, a political subdivision may not impose any occupational fees or licensing requirements on any profession if that profession is not subject to occupational fees or licensing requirements of the political subdivision on that date, but the political subdivision may continue to so regulate any profession that is subject to its occupational fees or licensing requirements on that date.

(b) With regard to the areas in which the department of safety and professional services may impose requirements on a contractor under s. 101.654 , a political subdivision may not impose any requirements on a contractor that are more stringent than the requirements imposed by the department of safety and professional services under s. 101.654 .

(c) Beginning on November 13, 2015, if the department of safety and professional services or an examining board, affiliated credentialing board, or other board in the department of safety and professional services imposes any new occupational fees or licensing requirements on any profession that was previously unregulated by the state, and if a political subdivision regulates that occupation when the state regulations take effect, the political subdivision may not continue to regulate that profession on or after the day on which the state regulations take effect and the political subdivision’s regulations do not apply and may not be enforced.

(d) With regard to the areas in which any department of state government may impose occupational licensing requirements on any profession, a political subdivision may not impose any occupational licensing requirements on an individual who works in that profession that are more stringent than the requirements imposed by the department that regulates that profession.

(3) Exception. If a political subdivision has in effect an occupational fee or licensing requirement on the profession of photographer on November 13, 2015, that regulation does not apply and may not be enforced.

History: 2015 a. 65 ; 2017 a. 327 .
Wis. Stat. § 645.89 — WI Code / Chapter 645 / Section 645.89
Interstate priorities.
Status: in_force

(1) Priorities. In a liquidation proceeding in this state involving one or more reciprocal states, the order of distribution of the domiciliary state shall control as to all claims of residents of this and reciprocal states. All claims of residents of reciprocal states shall be given equal priority of payment from general assets regardless of where such assets are located.

(2) Priority of special deposit claims. The owners of special deposit claims against an insurer for which a liquidator is appointed in this or any other state shall be given priority against the special deposits in accordance with the statutes governing the creation and maintenance of the deposits. If there is a deficiency in any deposit so that the claims secured by it are not fully discharged from it, the claimants may claim against a security fund or share in the general assets, but the sharing shall be deferred until general creditors having the same priority, and also claimants against other special deposits having the same priority who have received smaller percentages from their respective special deposits, have been paid percentages of their claims equal to the percentage paid from the special deposit.

(3) Priority of secured claims. The owner of a secured claim against an insurer for which a liquidator has been appointed in this or any other state may surrender the security for the claim and file the claim as a general creditor, or the claim may be discharged by resort to the security in accordance with s. 645.67 , in which case the deficiency, if any, shall be treated as a claim against the general assets of the insurer or the appropriate security fund on the same basis as claims of unsecured creditors having the same priority.

History: 1979 c. 102 , 109 .
Wis. Stat. § 753.24 — WI Code / Chapter 753 / Section 753.24
Where court to be held.
Status: in_force

(1) Circuit court shall be held regularly at the county seat.

(2) Provision may be made, by court rule, for holding court in any city, village or town in the county other than the county seat where the court finds that there are adequate facilities provided and there is sufficient business to warrant holding court.

(2m) Court may be held with the judge and any participants appearing from a remote location using telephone or videoconferencing technology subject to ss. 885.50 to 885.64 and constitutional requirements.

(3) If court is held in a city or village located partly in the county from which the judge was elected and partly in another, the judge may hold court, except for trials of criminal offenses, anywhere in that city or village, the same as if it were entirely within the county from which he or she was elected.

History: 1977 c. 449 ; 1993 a. 246 ; Sup. Ct. Order No. 21-03 , 2022 WI 23, 401 Wis. 2d xv.
Wis. Stat. § 811.24 — WI Code / Chapter 811 / Section 811.24
Action by sheriff, who to prosecute.
Status: in_force

The actions herein authorized to be brought by the sheriff or officer may be prosecuted by the plaintiff or under the plaintiff’s direction, upon the delivery by the plaintiff to the sheriff or officer of an undertaking, with 2 sufficient sureties, to the effect that the plaintiff will indemnify the sheriff or officer for all damages, costs and expenses thereon not exceeding $250 in any one action; such sureties shall, when required by the sheriff or officer, justify by making an affidavit that each is a householder and worth double the amount of the penalty named in the undertaking over and above all debts and exemptions.

History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 811.24; 1993 a. 486 .
Wis. Stat. § 814.13 — WI Code / Chapter 814 / Section 814.13
Referee; court to fix and allow fees.
Status: in_force

After the trial of any issue by a referee pursuant to a compulsory reference for that purpose his or her fees and expenses shall be fixed by the court in which his or her report has been filed and paid by the state as other circuit court expenses are paid. In all other cases the compensation of referees shall be $3 for each day necessarily occupied with the business of the reference; but the parties may agree in writing upon any other rate of compensation.

History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.13; 1977 c. 449 .
Wis. Stat. § 865.14 — WI Code / Chapter 865 / Section 865.14
Improper distribution; liability of distributee.
Status: in_force

A distributee of property which was distributed or paid improperly and a claimant who was paid improperly are liable to return the property or assets so distributed or paid together with all income received thereon, unless the distribution or payment cannot be questioned because of an adjudication, estoppel, limitation or other bar. If the distributee or claimant no longer has the property or assets, the distributee or claimant is liable to return the value thereof as of the date of distribution together with all income and gain received thereon.

History: 1973 c. 39 ; 1993 a. 486 .
Wis. Stat. § 770.18 — WI Code / Chapter 770 / Section 770.18
Records.
Status: in_force

(1) The county clerk shall keep among the records in the office a suitable book called the declaration of domestic partnership docket and shall enter therein a complete record of the applications for and the issuing of all declarations of domestic partnership, and of all other matters which the clerk is required by this chapter to ascertain related to the rights of any person to obtain a declaration of domestic partnership. An application may be recorded by entering into the docket the completed application form, with any portion collected only for statistical purposes removed. The declaration of domestic partnership docket shall be open for public inspection or examination at all times during office hours.

(2) A county clerk may provide the name of a declaration of domestic partnership applicant and, from the portion of the application form that is collected for statistical purposes, as specified under sub. (1) , may provide the address of the declaration of domestic partnership applicant to a law enforcement officer, as defined in s. 51.01 (11) . A county clerk shall provide the name and, if it is available, the address, to a law enforcement officer who requests, in writing, the name and address for the performance of an investigation or the service of a warrant. If a county clerk has not destroyed the portion of the declaration of domestic partnership application form that is collected for statistical purposes, he or she shall keep the information on the portion confidential, except as authorized under this subsection. If a written request is made by a law enforcement officer under this subsection, the county clerk shall keep the request with the declaration of domestic partnership application form. If the county clerk destroys the declaration of domestic partnership application form, he or she shall also destroy the written request.

History: 2009 a. 28 .
Wis. Stat. § 214.585 — WI Code / Chapter 214 / Section 214.585
Holders of deposit accounts.
Status: in_force

Deposit accounts may be held as follows:

(1) By an individual in his or her own right, regardless of age, or by 2 or more individuals.

(2) By a fiduciary if authorized by law.

(3) By a government or governmental instrumentality if authorized by law.

(4) By a corporation or other person.

(5) In any other form receiving the prior written approval of the division.

History: 1991 a. 221 ; 1995 a. 27 .
Wis. Stat. § 241.02 — WI Code / Chapter 241 / Section 241.02
Agreements, what must be written.
Status: in_force

(1) In the following case every agreement shall be void unless such agreement or some note or memorandum thereof, expressing the consideration, be in writing and subscribed by the party charged therewith:

(a) Every agreement that by its terms is not to be performed within one year from the making thereof.

(b) Every special promise to answer for the debt, default or miscarriage of another person.

(c) Every agreement, promise or undertaking made upon consideration of marriage, except mutual promises to marry.

(2) Subsection (1) does not apply to a marital property agreement complying with ch. 766 .

(3)

(a) In this subsection:

1. “Affiliate,” with respect to a bank, savings bank, savings and loan association, credit union, or farm credit institution, means a business entity that controls, is controlled by, or is under common control with the bank, savings bank, savings and loan association, credit union, or farm credit institution.

2. “Financial institution” means a bank, savings bank, savings and loan association, or credit union organized under the laws of this state, another state, or the United States or a farm credit institution organized under the laws of the United States.

(b) No action may be brought against a financial institution or its affiliate on or in connection with any of the following offers, promises, agreements, or commitments of the financial institution or its affiliate unless the offer, promise, agreement, or commitment is in writing, sets forth relevant terms and conditions, and is signed with an authorized signature by the financial institution or its affiliate and delivered to the party seeking to enforce the offer, promise, agreement, or commitment:

1. An offer, promise, agreement, or commitment to lend money, grant or extend credit, or make any other financial accommodation.

2. An offer, promise, agreement, or commitment to renew, extend, modify, or permit a delay in repayment or performance of a loan, extension of credit, or other financial accommodation.

(c) An offer, promise, agreement, or commitment by a financial institution or its affiliate described in par. (b) may not be enforced under the doctrine of promissory estoppel.

(d) This subsection does not apply to credit transactions that are subject to chs. 421 to 427 .

(e) This subsection does not apply to any offer, promise, agreement, or commitment by a financial institution or its affiliate in connection with the issuance or use of a credit card, as defined in s. 421.301 (15) , whether or not subject to chs. 421 to 427 .

(f) This subsection does not prohibit any action or claim under s. 100.18 or for fraudulent misrepresentation under common law.

History: 1983 a. 186 ; 2015 a. 120 .
Wis. Stat. § 178.0904 — WI Code / Chapter 178 / Section 178.0904
Reinstatement following administrative revocation.
Status: in_force

(1) A partnership whose statement of qualification is administratively revoked may apply to the department for reinstatement. The application shall include all of the following:

(a) The name of the partnership and the effective date of the revocation of its statement of qualification.

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

(c) A statement that the partnership’s name satisfies s. 178.0902 .

(2)

(a) Upon application, the department shall reinstate a partnership’s statement of qualification 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 partnership to the department under this chapter have been paid.

(b) Upon reinstatement of a partnership’s statement of qualification under par. (a) , the department shall enter a notation in its records revising the notation specified in s. 178.09032 (2) (b) to reflect cancellation of the revocation and reinstatement of the partnership’s statement of qualification. The notation shall state both the department’s determination under par. (a) and the effective date of reinstatement. The department shall provide notice of the reinstatement to the partnership or its representative.

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

(a) Except as provided in par. (c) , the reinstatement relates back to and takes effect as of the effective date of the administrative revocation.

(b) Except as provided in par. (c) , the partnership’s status as a limited liability partnership continues as if the revocation had never occurred.

(c) The rights of a person arising out of an act or omission in reliance on the revocation before the person knew or had notice of the reinstatement are unaffected.

History: 2015 a. 295 .
Wis. Stat. § 25.293 — WI Code / Chapter 25 / Section 25.293
Natural resources land endowment fund.
Status: in_force

There is established a separate nonlapsible trust fund designated as the natural resources land endowment fund, to consist of:

(1) All gifts, grants or bequests made to the natural resources land endowment fund. The department of natural resources may convert any noncash gift, grant or bequest into cash for deposit into the fund.

(2) All interest and other income generated from these gifts, grants and bequests.

History: 1999 a. 9 .
Wis. Stat. § 885.41 — WI Code / Chapter 885 / Section 885.41
Definitions.
Status: in_force

(1) Videotaping. Videotaping is a visual or simultaneous audiovisual electronic recording.

(2) Operator. Operator means a person trained to operate video equipment and may be an official qualified under s. 804.03 .

History: Sup. Ct. Order, 67 Wis. 2d vii (1975); 1987 a. 403 .
Wis. Stat. § 405.114 — WI Code / Chapter 405 / Section 405.114
Assignment of proceeds.
Status: in_force

(1) In this section, “proceeds of a letter of credit” means the cash, check, accepted draft, or other item of value paid or delivered upon honor or giving of value by the issuer or any nominated person under the letter of credit. The term does not include a beneficiary’s drawing rights or documents presented by the beneficiary.

(2) A beneficiary may assign its right to part or all of the proceeds of a letter of credit. The beneficiary may do so before presentation as a present assignment of its right to receive proceeds contingent upon its compliance with the terms and conditions of the letter of credit.

(3) An issuer or nominated person need not recognize an assignment of proceeds of a letter of credit until it consents to the assignment.

(4) An issuer or nominated person has no obligation to give or withhold its consent to an assignment of proceeds of a letter of credit, but consent may not be unreasonably withheld if the assignee possesses and exhibits the letter of credit and presentation of the letter of credit is a condition to honor.

(5) Rights of a transferee beneficiary or nominated person are independent of the beneficiary’s assignment of the proceeds of a letter of credit and are superior to the assignee’s right to the proceeds.

(6) Neither the rights recognized by this section between an assignee and an issuer, transferee beneficiary, or nominated person nor the issuer’s or nominated person’s payment of proceeds to an assignee or a third person affects the rights between the assignee and any person other than the issuer, transferee beneficiary, or nominated person. The mode of creating and perfecting a security interest in or granting an assignment of a beneficiary’s rights to proceeds is governed by ch. 409 or other law. Against persons other than the issuer, transferee beneficiary, or nominated person, the rights and obligations arising upon the creation of a security interest or other assignment of a beneficiary’s right to proceeds and its perfection are governed by ch. 409 or other law.

History: 2005 a. 213 .