FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 53.26 — WI Code / Chapter 53 / Section 53.26
Appropriate forum.
Status: in_force

(1) A court of this state having jurisdiction under s. 53.23 to appoint a guardian of the person or issue an order appointing a guardian of the estate may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.

(2) If a court of this state declines to exercise its jurisdiction under sub. (1) , it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian of the person or issuance of an order appointing a guardian of the estate be filed promptly in another state.

(3) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including all of the following:

(a) Any expressed preference of the respondent.

(b) Whether abuse, neglect, self-neglect, or financial exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, self-neglect, or financial exploitation.

(c) The length of time the respondent was physically present in or had established residence in this or another state.

(d) The distance of the respondent from the court in each state.

(e) The financial circumstances of the respondent’s estate.

(f) The nature and location of the evidence.

(g) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence.

(h) The familiarity of the court of each state with the facts and issues in the proceeding.

(i) If an appointment is made, the court’s ability to monitor the conduct of the guardian of the person or guardian of the estate.

History: 2017 a. 187 .
Wis. Stat. § 66.0503 — WI Code / Chapter 66 / Section 66.0503
Combination of municipal offices.
Status: in_force

(1) The office of county supervisor may be consolidated by charter ordinance under s. 66.0101 :

(a) With the office of village president in any village which has boundaries coterminous with the boundaries of any supervisory district established under s. 59.10 (3) .

(b) With the office of alderperson or council member in any city in which the district from which the alderperson or council member is elected is coterminous with the boundaries of any supervisory district established under s. 59.10 (3) .

(2) After the effective date of adoption or repeal of a charter ordinance under this section, the clerk of the municipality shall file a copy of the ordinance with the clerk of the county within which the supervisory district lies. When so consolidated, nomination papers shall contain that number of signatures required under s. 8.10 for county supervisors and shall be filed in the office of the county clerk.

(3) Removal from office of any incumbent of an office consolidated under this section vacates the office in its entirety whether effected under ss. 17.09 , 17.12 and 17.13 or other pertinent statute.

(4) Compensation for an office consolidated under this section shall be separately established by the several governing bodies affected by the consolidation as though no consolidation of offices had occurred.

(5) Tenure for an officer of an office consolidated under this section shall coincide with the term for county supervisors.

History: 1971 c. 94 ; 1973 c. 118 s. 7 ; 1985 a. 135 s. 83 (1) ; 1993 a. 184 ; 1995 a. 201 ; 1999 a. 150 s. 311 ; Stats. 1999 s. 66.0503; 2001 a. 30 .
Wis. Stat. § 702.314 — WI Code / Chapter 702 / Section 702.314
Powerholder’s authority to revoke or amend exercise.
Status: in_force

A powerholder may revoke or amend an exercise of a power of appointment only to the extent that any of the following applies:

(1) The powerholder reserves a power of revocation or amendment in the instrument exercising the power of appointment and, if the power is a nongeneral power of appointment, the terms of the instrument creating the power of appointment do not prohibit the reservation.

(2) The terms of the instrument creating the power of appointment provide that the exercise of the power of appointment is revocable or amendable.

History: 2023 a. 127 .
Wis. Stat. § 783.07 — WI Code / Chapter 783 / Section 783.07
Fine or imprisonment.
Status: in_force

Whenever a peremptory mandamus is directed to any public officer, body, board or person commanding the performance of any duty specially enjoined by law and the officer or person or any member of the body or board has, without just excuse, refused or neglected to perform the duty so enjoined, the officer, person or member of the body or board is guilty of a Class H felony.

History: 1979 c. 32 s. 60 ; 1979 c. 176 ; Stats. 1979 s. 783.07; 1981 c. 20 ; 1997 a. 283 ; 2001 a. 109 .
Wis. Stat. § 614.41 — WI Code / Chapter 614 / Section 614.41
Communications to members.
Status: in_force

(1) Official publications. A fraternal may provide in its laws for an official publication in which any notice, report, or statement required by law to be given to members, including notice of election, may be published. It shall be printed conspicuously in the publication.

(2) Copies to commissioner. The commissioner may by rule prescribe that copies of specified classes of communications published generally to members, including the official publication, shall be communicated to the commissioner at the same time they are sent to the members.

(3) Duplicate publications. If the records of a fraternal show that 2 or more members have the same mailing address, an official publication mailed to one member is deemed to be mailed to all members at the same address unless a member requests a separate copy.

History: 1975 c. 373 , 421 .
Wis. Stat. § 108.12 — WI Code / Chapter 108 / Section 108.12
Waiver of benefit void.
Status: in_force

No agreement by an employee to waive the employee’s right to benefits or any other rights under this chapter shall be valid. No employee shall, in any proceeding involving benefits under this chapter, be prevented from asserting all facts relevant to the employee’s eligibility, regardless of any prior erroneous representation with respect to such facts.

History: 1993 a. 492 .
Wis. Stat. § 103.46 — WI Code / Chapter 103 / Section 103.46
Contracts; promises to withdraw from or not to join labor, employers’ or cooperative organizations are void.
Status: in_force

Every undertaking or promise, whether written or oral, express or implied, constituting or contained in any of the following is declared to be contrary to public policy and wholly void and shall not afford any basis for the granting of any legal or equitable relief by any court:

(1) A contract or agreement of hiring or employment between any employer and any employee or prospective employee, in which either party to the contract or agreement undertakes or promises not to join, become or remain a member of any labor organization or of any organization of employers, or in which either party to the contract or agreement undertakes or promises to withdraw from the employment relation if the party joins, becomes or remains a member of any labor organization or of any organization of employers.

(2) A contract or agreement for the sale of agricultural, horticultural or dairy products between a producer of those products and a distributor or purchaser of those products, in which either party to the contract or agreement undertakes or promises not to join, become or remain a member of any cooperative association organized under ch. 185 or 193 or of any trade association of the producers, distributors or purchasers of those products.

History: 1985 a. 30 s. 42 ; 1993 a. 492 ; 1997 a. 253 ; 2005 a. 441 .
Wis. Stat. § 241.25 — WI Code / Chapter 241 / Section 241.25
§ 241.25. Transfer of bank book to be in writing.
Status: in_force

No gift, sale, assignment or transfer of any saving fund bank book bearing evidence of bank deposits or of any interest in the deposits represented thereby, shall be valid unless the same shall be in writing and the same or a copy thereof delivered to the bank issuing such bank deposit book.
Wis. Stat. § 610.21 — WI Code / Chapter 610 / Section 610.21
Other business.
Status: in_force

(1) Prohibition for domestic insurers. No domestic insurer may engage, directly or indirectly, in any business other than insurance and business reasonably incidental to its insurance business, except as specifically authorized by s. 611.26 (4) , 611.26 (4) as incorporated by s. 614.24 (1) , or s. 613.26 or any other provision of chs. 600 to 646 ; except that a domestic insurer not restricted under s. 620.03 may engage directly in any activity to the extent it is authorized to do so through a subsidiary.

(2) Prohibition for nondomestic insurers. No nondomestic insurer may engage in this state in any business forbidden to a domestic insurer, nor may the insurer engage in such business elsewhere if:

(a) The law of the insurer’s domicile forbids an insurer to engage in such business; or

(b) The statutes of this state specifically prohibit a nondomestic insurer to engage in such business elsewhere; or

(c) The commissioner orders it to cease doing such business upon finding that doing such business is not consistent with the interests of its insureds, creditors or the public in this state; or that it gives the insurer a substantial competitive advantage in relation to domestic insurers.

(3) Incidental business. “Incidental business” includes:

(a) The business of preparing and selling abstracts of title and related documents, if done by an insurer authorized to transact title insurance;

(b) Business that could be done through ancillary subsidiaries authorized under s. 611.26 (3) , or, in the case of a nondomestic insurer, through corporations that would be so authorized if the insurer were domestic.

(4) Annuities. For purposes of this section, “insurance” includes “annuities”.

History: 1971 c. 260 ; 1975 c. 373 ; 1979 c. 102 , 177 ; 1981 c. 307 .
Wis. Stat. § 788.08 — WI Code / Chapter 788 / Section 788.08
Written awards.
Status: in_force

The award must be in writing and must be signed by the arbitrators or by a majority of them.

History: 1979 c. 32 s. 64 ; Stats. 1979 s. 788.08.
Wis. Stat. § 185.43 — WI Code / Chapter 185 / Section 185.43
Relief against breach or threatened breach.
Status: in_force

(1) In the event of a breach or threatened breach of a contract authorized by s. 185.41 by a member, the association shall be entitled to an injunction to prevent the breach or any further breach thereof, and to a decree of specific performance. Upon filing of a verified complaint showing such breach or threatened breach, and upon filing a sufficient bond, the association shall be entitled to a temporary restraining order against the member.

(2) Any person, with actual or constructive notice that a contract exists, who induces or attempts to induce any member to breach or repudiate the member’s contract with the association, or who in any manner aids a breach of such contract, is liable to the aggrieved party for damages caused by such interference. The association is also entitled to an injunction to prevent any interference or further interference with the contract.

History: 1993 a. 482 .
Wis. Stat. § 192.33 — WI Code / Chapter 192 / Section 192.33
Fences, cattle guards, crossings.
Status: in_force

(1) Subject to s. 190.09 , every corporation operating any railroad shall erect and maintain on both sides of its railroad, depot grounds excepted, sufficient fences with openings or gates or bars therein, and suitable and convenient farm crossings for the use of the occupants of the lands adjoining and shall maintain cattle guards at all highway crossings, outside of municipalities, and connect their fences therewith. This section shall not apply to that part of the railroad where sidetracks or switch tracks are used in cities of the 1st class.

(2) All fences and cattle guards required under sub. (1) shall be made within one month from the time of commencing to operate the railroad right-of-way, so far as operated. Until the required fences and cattle guards are made, the railroad corporation owning or operating the right-of-way shall be liable for all damages done to domestic animals, or persons on the right-of-way, occasioned in any manner, in whole or in part, by the want of the required fences or cattle guards. After the required fences and cattle guards are constructed the railroad conformations liability shall not extend to damages occasioned in part by contributory negligence, nor to defects existing without negligence on the part of the corporation or its agents.

(3) The sufficiency of fences shall be determined according to ch. 90 ; but nothing in this section shall render any fence insufficient which was a legal or sufficient fence when built.

(4) No fence shall be required in places where ponds, lakes, watercourses, ditches, hills, embankments or other sufficient protection renders a fence unnecessary to prevent domestic animals from straying upon the right-of-way.

(5) The maintenance of cattle guards may be omitted by the railroad company with the written consent of the office specifying the particular crossings.

History: 1981 c. 347 s. 80 (1) ; 1993 a. 16 , 123 , 490 ; 1997 a. 254 ; 2005 a. 179 .
Wis. Stat. § 74.63 — WI Code / Chapter 74 / Section 74.63
Retention of tax certificate and other information.
Status: in_force

Following issuance of a tax certificate under s. 74.57 and notice of issuance under s. 74.59 , the treasurer shall retain all of the following:

(1) The tax certificate.

(2) The affidavit of mailing, executed under s. 74.59 (3) .

(3) The tax roll upon which were included the real property taxes, special charges, special taxes or special assessments for which the tax certificate was issued.

History: 1987 a. 378 .
Wis. Stat. § 948.45 — WI Code / Chapter 948 / Section 948.45
Contributing to truancy.
Status: in_force

(1) Except as provided in sub. (2) , any person 17 years of age or older who, by any act or omission, knowingly encourages or contributes to the truancy, as defined under s. 118.16 (1) (c) , of a person 17 years of age or under is guilty of a Class C misdemeanor.

(2) Subsection (1) does not apply to a person who has under his or her control a child who has been sanctioned under s. 49.26 (1) (h) .

(3) An act or omission contributes to the truancy of a child, whether or not the child is adjudged to be in need of protection or services, if the natural and probable consequences of that act or omission would be to cause the child to be truant.

History: 1987 a. 285 ; 1989 a. 31 s. 2835m ; Stats. 1989 s. 948.45; 1995 a. 27 .
Wis. Stat. § 815.04 — WI Code / Chapter 815 / Section 815.04
Execution, when issued.
Status: in_force

(1)

(a) Upon any judgment of a court of record perfected as specified in s. 806.06 or any judgment of any other court entered in the judgment and lien docket of a court of record, execution may issue at any time within 5 years after the rendition of the judgment. When an execution has been issued and returned unsatisfied in whole or in part other executions may issue at any time upon application of the judgment creditor.

(b) If no execution on a judgment as described in par. (a) is issued within 5 years after the rendition of the judgment, or, if application is made by one other than the judgment creditor, execution may be issued only upon leave of the court, in its discretion, upon prior notice to the judgment debtor, served as a summons is served in a court of record. If the judgment debtor is absent or a nonresident, service of the notice may be by a class 3 notice, under ch. 985 , or in any other manner that the court directs. Application shall be by the petition of the judgment creditor or of the assignee, setting forth that the judgment or a portion of the judgment remains unpaid, and that the petitioner is the bona fide owner of the judgment, for value.

(c) No executions shall issue or any proceedings be commenced upon any judgment after 20 years from the rendition of the judgment.

(2) When the sheriff holds an execution against property any person indebted to the judgment debtor may pay to the sheriff the amount of the indebted person’s debt not exempt from execution or so much thereof as shall be necessary to satisfy the execution, and the sheriff’s receipt shall be a sufficient discharge for the amount so paid.

History: Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 815.04; 1993 a. 486 ; 1995 a. 224 .
Wis. Stat. § 402.508 — WI Code / Chapter 402 / Section 402.508
Cure by seller of improper tender or delivery; replacement.
Status: in_force

(1) Where any tender or delivery by the seller is rejected because nonconforming and the time for performance has not yet expired, the seller may seasonably notify the buyer of the seller’s intention to cure and may then within the contract time make a conforming delivery.

(2) Where the buyer rejects a nonconforming tender which the seller had reasonable grounds to believe would be acceptable with or without money allowance the seller may if the seller seasonably notifies the buyer have a further reasonable time to substitute a conforming tender.

History: 1991 a. 316 .
Wis. Stat. § 411.512 — WI Code / Chapter 411 / Section 411.512
Lessee’s duties as to rightfully rejected goods.
Status: in_force

(1) Except as otherwise provided with respect to goods that threaten to decline in value speedily and subject to any security interest of a lessee, all of the following apply:

(a) The lessee, after rejection of goods in the lessee’s possession, shall hold them with reasonable care at the lessor’s or the supplier’s disposition for a reasonable time after the lessee’s seasonable notification of rejection.

(b) If the lessor or the supplier gives no instructions within a reasonable time after notification of rejection, the lessee may store the rejected goods for the lessor’s or the supplier’s account or ship them to the lessor or the supplier or dispose of them for the lessor’s or the supplier’s account with reimbursement as provided in s. 411.511 (2) .

(c) Except as provided in pars. (a) and (b) , the lessee has no further obligations with regard to goods rightfully rejected.

(2) Action by the lessee under sub. (1) is not acceptance or conversion.

History: 1991 a. 148 .
Wis. Stat. § 408.402 — WI Code / Chapter 408 / Section 408.402
Assurance that endorsement or instruction is effective.
Status: in_force

(1) In this section:

(a) “Guaranty of the signature” means a guaranty signed by or on behalf of a person reasonably believed by the issuer to be responsible. An issuer may adopt standards with respect to responsibility if they are not manifestly unreasonable.

(b) “Appropriate evidence of appointment or incumbency” means:

1. In the case of a fiduciary appointed or qualified by a court, a certificate issued by or under the direction or supervision of the court or an officer thereof and dated within 60 days before the date of presentation for transfer; or

2. In any other case, a copy of a document showing the appointment or a certificate issued by or on behalf of a person reasonably believed by an issuer to be responsible or, in the absence of that document or certificate, other evidence that the issuer reasonably considers appropriate.

(1m) An issuer may require the following assurance that each necessary endorsement or each instruction is genuine and authorized:

(a) In all cases, a guaranty of the signature of the person making an endorsement or originating an instruction including, in the case of an instruction, reasonable assurance of identity;

(b) If the endorsement is made or the instruction is originated by an agent, appropriate assurance of actual authority to sign;

(c) If the endorsement is made or the instruction is originated by a fiduciary pursuant to s. 408.107 (1) (d) or (e) , appropriate evidence of appointment or incumbency;

(d) If there is more than one fiduciary, reasonable assurance that all who are required to sign have done so; and

(e) If the endorsement is made or the instruction is originated by a person not covered by another provision of this subsection, assurance appropriate to the case corresponding as nearly as may be to the provisions of this subsection.

(2) An issuer may elect to require reasonable assurance beyond that specified in this section.

History: 1997 a. 297 .
Wis. Stat. § 304.10 — WI Code / Chapter 304 / Section 304.10
Pardon application papers; victim’s statement.
Status: in_force

(1) An application for pardon shall be accompanied by the following papers:

(a) Notice of application and acknowledgments or affidavits showing due service and affidavits showing due publication and posting whenever required;

(b) A certified copy of the court record entries, the indictment or information, and any additional papers on file in the court, if obtainable, as the governor requires;

(c) A full sworn statement by the applicant of all facts and reasons upon which the application is based;

(d) Written statements by the judge and the district attorney who tried the case, if obtainable, indicating their views regarding the application and stating any circumstances within their knowledge in aggravation or extenuation of the applicant’s guilt;

(e) A certificate of the keeper of the prison where the applicant has been confined showing whether the applicant has conducted himself or herself in a peaceful and obedient manner.

(2) When a victim or member of the victim’s family receives notice under s. 304.09 (3) , he or she may provide the governor with written statements indicating his or her views regarding the application and stating any circumstances within his or her knowledge in aggravation or extenuation of the applicant’s guilt. Upon receipt of any such statement, the governor shall place the statement with the other pardon application papers.

(3) Any statement or paper containing a reference to the address of a victim or a member of the victim’s family which is contained in a statement or other paper accompanying a pardon application is not subject to s. 19.35 and shall be closed to the public. The governor, using the procedure under s. 19.36 (6) , shall delete any reference to the address in any statement or paper made public.

History: 1983 a. 364 ; 1989 a. 31 s. 1709 ; Stats. 1989 s. 304.10; 1991 a. 269 , 316 ; 1995 a. 224 .
Wis. Stat. § 95.34 — WI Code / Chapter 95 / Section 95.34
Slaughter on premises.
Status: in_force

The slaughter of diseased animals on the premises of the owner shall be made under the supervision and direction of the department or an assistant. If upon inspection of the carcass it is found, according to rules of inspection of the U.S. department of agriculture, to be unfit for human food, the inspector shall destroy it or cause it to be buried and covered with a sufficient quantity of lime to destroy it. The hide shall be disinfected and otherwise cared for according to said rules. If the carcass is fit to be used for human food it may be disposed of in accordance with the provisions made by the department.

History: 1975 c. 308 .