FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 347.485 — WI Code / Chapter 347 / Section 347.485
Protective headgear for use on motorcycles.
Status: in_force

(1)

(a) No person who holds an instructional permit under s. 343.07 (4) or who is under 18 years of age may operate or ride upon a motorcycle on any highway unless the person is wearing protective headgear of a type which meets the standards established for motorcycle operation in 49 CFR 571.218 and the chin strap is properly fastened.

(am) No person may operate a motorcycle when carrying a passenger under 18 years of age unless the passenger is wearing protective headgear.

(b) No person may sell or offer for sale any protective headgear for use by a driver or passenger on a motorcycle, not meeting the standards established for motorcycle operation in 49 CFR 571.218 .

(2)

(a) No person may operate a motorcycle on any highway without wearing any of the following eye protection:

1. A protective face shield attached to the headgear.

2. Glasses.

3. Goggles.

(b) Except for photosensitive corrective glasses prescribed by an ophthalmologist, physician, oculist or optometrist, eye protection worn during hours of darkness may not be tinted or darkened.

(c) Notwithstanding par. (a) , if the vehicle is an autocycle equipped with a windshield or a motorcycle equipped with a windshield that rises a minimum of 15 inches above the handlebar, the use of other eye protective devices is not mandatory.

(d) This subsection shall not apply to persons operating a motorcycle in a parade sanctioned by the local municipality.

(3) No person may rent, lease or loan a motorcycle to another unless he or she has ascertained that such party has the required eye protection and, if the party holds an instructional permit under s. 343.07 (4) or is under 18 years of age, that the party has the required protective headgear for operating the motorcycle.

(4) Every person in the motorcycle rental business shall have clean, usable protective headgear for rent in sufficient quantity to care for the needs of all customers.

History: 1977 c. 29 s. 1654 (7) (e) ; 1977 c. 204 , 447 ; 1983 a. 133 , 243 , 538 ; 1985 a. 65 , 85 ; 2019 a. 50 .
Wis. Stat. § 179.0906 — WI Code / Chapter 179 / Section 179.0906
Proceeds and expenses.
Status: in_force

(1)

(a) Except as otherwise provided in sub. (2) , any proceeds or other benefits of a derivative action, whether by judgment, compromise, or settlement, belong to the limited partnership and not to the plaintiff.

(b) Except as otherwise provided in sub. (2) , if the plaintiff receives any proceeds, the plaintiff shall remit them immediately to the partnership.

(2) If a derivative action is successful in whole or in part, the court may award the plaintiff reasonable expenses, including reasonable attorney fees and costs, from the recovery of the limited partnership.

History: 2021 a. 258 .
Wis. Stat. § 24.605 — WI Code / Chapter 24 / Section 24.605
Accounts in trust funds for deposit of proceeds from sale of certain lands.
Status: in_force

The board shall establish in each of the trust funds an account to which are credited the proceeds from the sale of any public lands, except sales under s. 24.09 (1) (bg) , on or after May 3, 2006, that are required by law to be deposited in the funds. Moneys credited to the accounts in the funds may only be used to invest in land under s. 24.61 (2) (a) and for the payment of expenses necessarily related to investing in land under s. 24.61 (2) (a) .

History: 2005 a. 352 ; 2015 a. 60 ; 2017 a. 314 .
Wis. Stat. § 613.12 — WI Code / Chapter 613 / Section 613.12
Articles and bylaws.
Status: in_force

(1) Contents of articles. The articles of a service insurance corporation shall conform to s. 181.0202 , except that:

(a) The name of the corporation shall include descriptive terms to indicate the general nature of the services or care to be provided, or a trade name that is generally understood as indicating such service or care, and shall comply with s. 181.0401 (2) to (4) ;

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

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

(c) The services to be provided or for which indemnity is to be paid shall be generally described and shall be of the same kind as the services ordinarily provided by any members of the corporation in their profession or business, or of the persons entitled to designate members, and services ancillary thereto;

(d) The articles shall state whether members or other providers of services are subject to assessments for the purpose of paying operating costs or financial deficits, the general conditions and procedures for levying such assessments and any limitations on the assessments that may be levied;

(e) The articles shall state, for corporations having members, how persons may become members and that only members may vote; and

(f) The articles of a corporation not having members shall state how the directors of the corporation shall be selected.

(2) Bylaws. The bylaws of a service insurance corporation shall comply with this chapter, and with ss. 181.0206 , 181.0207 and 181.1020 to 181.1022 . A copy of any amendments to the bylaws shall be filed with the commissioner within 60 days after adoption.

(3) Principal officers. The articles or bylaws shall specifically designate 3 or more offices, the holders of which shall be the principal officers of the corporation. The principal offices shall be held by at least 3 separate natural persons.

(4) Forum selection provisions. The articles or bylaws of a service insurance corporation may require, consistent with applicable jurisdictional requirements, that any or all claims pertaining to the internal affairs of the service insurance corporation shall be brought solely and exclusively in the courts in this state.

History: 1975 c. 223 ; 1997 a. 79 ; 2015 a. 197 s. 51 ; 2023 a. 212 .
Wis. Stat. § 778.13 — WI Code / Chapter 778 / Section 778.13
Forfeitures collected, to whom paid.
Status: in_force

All moneys collected in favor of the state for forfeiture, except the portion to be paid to any person who sues with the state, plus costs, fees, and surcharges imposed under ch. 814 , shall be paid by the officer who collects the forfeiture, costs, fees, and surcharges to the treasurer of the county within which the forfeiture was incurred within 20 days after its receipt. In case of any failure in the payment, the county treasurer may collect the payment of the officer by action, in the name of the office and upon the official bond of the officer, with interest at the rate of 12 percent per year from the time when it should have been paid.

History: 1977 c. 29 ; 1979 c. 32 s. 56 ; 1979 c. 110 s. 60 (13) ; Stats. 1979 s. 778.13; 1983 a. 192 ; 1987 a. 27 ; 1989 a. 107 ; 1991 a. 39 ; 1993 a. 16 ; 1997 a. 27 ; 1999 a. 9 ; 2001 a. 16 ; 2003 a. 139 .
Wis. Stat. § 402.719 — WI Code / Chapter 402 / Section 402.719
Contractual modification or limitation of remedy.
Status: in_force

(1) Subject to subs. (2) and (3) and to s. 402.718 on liquidation and limitation of damages:

(a) The agreement may provide for remedies in addition to or in substitution for those provided in this chapter and may limit or alter the measure of damages recoverable under this chapter, as by limiting the buyer’s remedies to return of the goods and repayment of the price or to repair and replacement of nonconforming goods or parts; and

(b) Resort to a remedy as provided is optional unless the remedy is expressly agreed to be exclusive, in which case it is the sole remedy.

(2) Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in chs. 401 to 411 .

(3) Consequential damages may be limited or excluded unless the limitation or exclusion is unconscionable. Limitation of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation of damages where the loss is commercial is not.

History: 1979 c. 89 ; 1991 a. 148 , 304 , 315 .
Wis. Stat. § 78.40 — WI Code / Chapter 78 / Section 78.40
Tax imposed; collected; exceptions.
Status: in_force

(1) Imposition of tax and by whom paid. An excise tax at the rate determined under ss. 78.405 and 78.407 is imposed on the use of alternate fuels. The tax, with respect to all alternate fuel delivered by an alternate fuel dealer into supply tanks of motor vehicles in this state, attaches at the time of delivery and shall be collected by the dealer from the alternate fuels user and shall be paid to the department. The tax, with respect to alternate fuels acquired by any alternate fuels user other than by delivery by an alternate fuel dealer into a fuel supply tank of a motor vehicle, of a snowmobile, of a limited use off-highway motorcycle that is not registered for private use under s. 23.335 (3) (a) , of an all-terrain vehicle or utility terrain vehicle that is not registered for private use under s. 23.33 (2) (d) or (2g) , or of a recreational motorboat, attaches at the time of the use of the fuel and shall be paid to the department by the user. The department may permit any supplier of alternate fuels to report and pay to the department the tax on alternate fuels delivered into the storage facility of an alternate fuels user or retailer which will be consumed for alternate fuels tax purposes or sold at retail.

(2) Exceptions. No tax is hereby imposed upon or with respect to the following:

(a) Alternate fuels used by the United States or its agencies where such use is evidenced by an exemption certificate executed by an authorized representative of the U.S. government or agency thereof certifying that the fuel used is for the exclusive consumption by the U.S. government or its agencies.

(c) Alternate fuels used by a common motor carrier as defined in ch. 194 , if the carrier certifies to the department that the fuel is for use in the operation of a motor vehicle for the urban mass transportation of passengers as defined in s. 71.38 .

History: 1979 c. 11 , 221 ; 1981 c. 20 ; 1983 a. 27 ; 1985 a. 302 ; 1987 a. 27 ; 1987 a. 312 s. 17 ; 1991 a. 39 ; 1993 a. 16 ; 1995 a. 113 ; 1997 a. 27 ; 2011 a. 208 ; 2015 a. 170 .
Wis. Stat. § 322.095 — WI Code / Chapter 322 / Section 322.095
Article 95 — Resistance, flight, breach of arrest, and escape.
Status: in_force

Any person who does any of the following shall be punished as a court-martial may direct:

(1) Resists apprehension.

(2) Flees from apprehension.

(3) Breaks arrest.

(4) Escapes from custody or confinement.

History: 2007 a. 200 .
Wis. Stat. § 342.05 — WI Code / Chapter 342 / Section 342.05
When certificate of title required.
Status: in_force

(1) The owner of a vehicle subject to registration in this state, whether or not such vehicle is operated on any highway of this state, shall make application for certificate of title for the vehicle under the following circumstances:

(a) If the owner has newly acquired the vehicle, he or she shall make application under s. 342.15 .

(b) If the owner applies for registration of a vehicle without holding a valid certificate of title previously issued to that owner by the department for the vehicle, he or she shall at the same time apply for a certificate of title.

(2) Except as provided in sub. (3) , an applicant’s eligibility for a certificate of title is a prerequisite to registration of the vehicle. If the applicant for registration holds a valid certificate of title previously issued to the applicant by the department for the vehicle, that is prima facie evidence of ownership of the vehicle and the applicant need not apply for a new certificate of title on application for registration.

(3) This section does not apply in a situation where the law expressly authorizes registration of a vehicle in the name of a person other than the owner or where the law expressly authorizes registration without a certificate of title.

(4) Any owner who operates or consents to the operation of a vehicle for which a certificate of title is required without such certificate having been issued or applied for or any other person who operates a vehicle for which a certificate of title is required, knowing that the certificate of title has not been issued or applied for, may be required to forfeit not more than $200. A certificate is considered to have been applied for when the application accompanied by the required fee has been delivered to the department or deposited in the mail properly addressed and with postage prepaid.

(5) Unless otherwise authorized by rule of the department, a nonresident owner of a vehicle that is not subject to registration in this state may not apply for a certificate of title under this chapter unless the vehicle is subject to a security interest or except as provided in s. 342.16 (1) (a) . Notwithstanding any other provision of this section, a nonresident may purchase temporary operation plates under s. 341.09 (4) . Any temporary operation permit or plate issued under s. 341.09 shall not be considered registration of the vehicle for purposes of this subsection.

History: 1971 c. 278 ; 1977 c. 29 s. 1654 (7) (a) ; 1977 c. 273 ; 1981 c. 150 ; 1987 a. 100 s. 3 ; 1993 a. 159 .
Wis. Stat. § 91.40 — WI Code / Chapter 91 / Section 91.40
Applying for certification of ordinance.
Status: in_force

A political subdivision seeking certification of a farmland preservation zoning ordinance or amendment to a farmland preservation zoning ordinance shall submit all of the following to the department in writing, along with any other relevant information that the political subdivision chooses to provide:

(1) The complete farmland preservation zoning ordinance or amendment proposed for certification.

(2) All of the following background information:

(a) A concise summary of the farmland preservation zoning ordinance or amendment, including key changes from any previously certified farmland preservation zoning ordinance.

(b) A concise summary of the process by which the farmland preservation zoning ordinance or amendment was developed, including public hearings, notice to and involvement of other governmental units, approval by the political subdivision, and identification of any key unresolved issues with other governmental units related to the farmland preservation zoning ordinance or amendment.

(c) A description of the relationship of the farmland preservation zoning ordinance or amendment to the county certified farmland preservation plan, including any material inconsistencies between the farmland preservation zoning ordinance or amendment and the county certified farmland preservation plan.

(3) A statement, signed by the county planning director or the chief elected official, certifying that the farmland preservation zoning ordinance or amendment complies with s. 91.38 (1) (f) and (g) .

(4) A statement, signed by the applicant’s attorney or chief elected official, certifying that the farmland preservation zoning ordinance or amendment complies with all applicable requirements in s. 91.38 .

(5) Other relevant information that the department requires by rule.

History: 2009 a. 28 ; 2011 a. 258 .
Wis. Stat. § 403.419 — WI Code / Chapter 403 / Section 403.419
Instruments signed for accommodation.
Status: in_force

(1) If an instrument is issued for value given for the benefit of a party to the instrument (“accommodated party”) and another party to the instrument (“accommodation party”) signs the instrument for the purpose of incurring liability on the instrument without being a direct beneficiary of the value given for the instrument, the instrument is signed by the accommodation party “for accommodation”.

(2) An accommodation party may sign the instrument as maker, drawer, acceptor or endorser and, subject to sub. (4) , is obliged to pay the instrument in the capacity in which the accommodation party signs. The obligation of an accommodation party may be enforced notwithstanding any statute of frauds and whether or not the accommodation party receives consideration for the accommodation.

(3) A person signing an instrument is presumed to be an accommodation party and there is notice that the instrument is signed for accommodation if the signature is an anomalous endorsement or is accompanied by words indicating that the signer is acting as surety or guarantor with respect to the obligation of another party to the instrument. Except as provided in s. 403.605 , the obligation of an accommodation party to pay the instrument is not affected by the fact that the person enforcing the obligation had notice when the instrument was taken by that person that the accommodation party signed the instrument for accommodation.

(4) If the signature of a party to an instrument is accompanied by words indicating unambiguously that the party is guaranteeing collection rather than payment of the obligation of another party to the instrument, the signer is obliged to pay the amount due on the instrument to a person entitled to enforce the instrument only if any of the following occurs:

(a) Execution of judgment against the other party has been returned unsatisfied.

(b) The other party is insolvent or in an insolvency proceeding.

(c) The other party cannot be served with process.

(d) It is otherwise apparent that payment cannot be obtained from the other party.

(5) An accommodation party who pays the instrument is entitled to reimbursement from the accommodated party and is entitled to enforce the instrument against the accommodated party. An accommodated party who pays the instrument has no right of recourse against, and is not entitled to contribution from, an accommodation party.

History: 1995 a. 449 .
Wis. Stat. § 33.13 — WI Code / Chapter 33 / Section 33.13
Feasibility study.
Status: in_force

(1) Feasibility study work done through government agencies and public or private organizations shall include gathering data on the lake, drainage basin, sources of pollution or nutrients or other information necessary to determine the causes of degradation and remedial courses of action to prevent continued degradation or to determine potential causes of degradation and preventive courses of action. The department shall prescribe data to be secured, methods of analysis and evaluation, and duration of data-gathering to be used in feasibility studies.

(2)

(a) The district may contract for feasibility study work with the lowest responsible bidder who submits a bid in the manner the district commissioners prescribe.

(b) In order to receive financial assistance for feasibility study work the district shall obtain the advice and approval of the department before entering a contract for feasibility study work and the department shall be made a party to the contract.

(3) Data gathered shall be forwarded to the department, which shall analyze it on an interdisciplinary basis.

(4) The department shall formulate suggested alternative methods, including cost estimates, of protecting or rehabilitating the water quality of the lake or portions thereof. Alternative protection schemes shall include steps necessary to maintain the water quality of the lake. Alternative rehabilitative schemes shall include steps necessary to abate continued degradation of the lake following implementation of a given rehabilitative plan.

History: 1973 c. 301 ; 1975 c. 197 ; 1981 c. 317 .
Wis. Stat. § 150.98 — WI Code / Chapter 150 / Section 150.98
Inspection of projects.
Status: in_force

From time to time the department or its duly authorized agents shall inspect each construction project approved by the secretary, and if the inspection so warrants, the department shall certify to the secretary that work has been performed upon the project, or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment of federal funds is due to the applicant.

History: 1993 a. 27 s. 245 ; Stats. 1993 s. 150.98.
Wis. Stat. § 155.60 — WI Code / Chapter 155 / Section 155.60
Safeguards.
Status: in_force

(1) Nothing in this chapter prohibits an individual from petitioning a court in this state for a determination of incompetency and for appointment of a guardian for an individual who is a principal under this chapter.

(2) If an individual who is a principal is adjudicated incompetent in this state and a guardian is appointed for him or her, the power of attorney for health care executed under this chapter by the principal remains in effect, except that the court may under s. 54.46 (2) (b) , for good cause shown, revoke the power of attorney for health care and invalidate the power of attorney for health care instrument, or limit the authority of the agent under the terms of the power of the power of attorney for health care instrument. Unless the court makes this revocation or limitation, the guardian for the individual may not make health care decisions for the ward that may be made by the health care agent, unless the guardian is the health care agent.

(3) Upon receipt of a power of attorney for health care instrument or a statement of incapacity under s. 155.05 (2) , a health care facility or health care provider shall acknowledge this receipt in writing and, if the principal is a patient of the health care provider, the health care provider shall include the instrument or the statement in the medical record of the principal.

(4)

(a) Any interested party may petition the court assigned to exercise probate jurisdiction for the county where a principal is present or the county of the principal’s legal residence to review whether the health care agent is performing his or her duties in accordance with the terms of the power of attorney for health care instrument executed by the principal. If the court finds after a hearing that the health care agent has not been performing in accordance with the terms of the instrument, the court may do any of the following:

1. Direct the health care agent to act in accordance with the terms of the principal’s power of attorney for health care instrument.

2. Require the health care agent to report to the court concerning performance of the health care agent’s duties at periods of time established by the court.

3. Rescind all powers of the health care agent to act under the power of attorney for health care and the power of attorney for health care instrument.

(b) If the principal has designated an alternate health care agent and if the powers of the first-designated health care agent are rescinded under par. (a) 3. , the alternate health care agent is the health care agent and par. (a) , except par. (a) 3. , applies.

History: 1989 a. 200 ; 2005 a. 387 .
Wis. Stat. § 177.1003 — WI Code / Chapter 177 / Section 177.1003
Records obtained in examination.
Status: in_force

Records obtained and records, including work papers, compiled by the administrator in the course of conducting an examination under s. 177.1002 :

(1) Are subject to the confidentiality and security provisions of subch. XIV and are not public records for purposes of subch. II of ch. 19 .

(2) May be used by the administrator in an action to collect property or otherwise enforce this chapter.

(3) May be used in a joint examination conducted with another state, the federal government, a foreign country or subordinate unit of a foreign country, or any other governmental entity if the governmental entity conducting the examination is legally bound to maintain the confidentiality and security of information obtained from a person subject to examination in a manner substantially equivalent to that under subch. XIV .

(4) May be disclosed to the person that administers the unclaimed property law of another state, upon that person’s request, for that state’s use in circumstances equivalent to circumstances described in this subchapter, if the other state is required to maintain the confidentiality and security of information obtained in a manner substantially equivalent to that under subch. XIV .

History: 2021 a. 87 .