FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 408.103 — WI Code / Chapter 408 / Section 408.103
Rules for determining whether certain obligations and interests are securities or financial assets.
Status: in_force

(1) A share or similar equity interest issued by a corporation, business trust, joint stock company or similar entity is a security.

(2) An “investment company security” is a security. In this chapter, “investment company security” means a share or similar equity interest issued by an entity that is registered as an investment company under the federal investment company laws, an interest in a unit investment trust that is so registered, or a face-amount certificate issued by a face-amount certificate company that is so registered. “Investment company security” does not include an insurance policy or endowment policy or annuity contract issued by an insurance company.

(3) An interest in a partnership or limited liability company is not a security unless it is dealt in or traded on securities exchanges or in securities markets, its terms expressly provide that it is a security governed by this chapter or it is an investment company security. However, an interest in a partnership or limited liability company is a financial asset if it is held in a securities account.

(4) A writing that is a security certificate is governed by this chapter and not by ch. 403 , even though it also meets the requirements of that chapter. However, a negotiable instrument governed by ch. 403 is a financial asset if it is held in a securities account.

(5) An option or similar obligation issued by a clearing corporation to its participants is not a security, but is a financial asset.

(6) A commodity contract, as defined in s. 409.102 (1) (dm) , is not a security or a financial asset.

(7) A document of title, as defined in s. 401.201 (2) (i) , is not a financial asset unless s. 408.102 (1) (i) 1. c. applies.

History: 1997 a. 297 ; 2001 a. 10 ; 2009 a. 322 ; 2011 a. 257 .
Wis. Stat. § 101.9207 — WI Code / Chapter 101 / Section 101.9207
Lost, stolen or mutilated certificates.
Status: in_force

(1) If a certificate of title is lost, stolen, mutilated or destroyed or becomes illegible, the owner or legal representative of the owner named in the certificate, as shown by the records of the department, shall promptly make application for and may obtain a replacement upon furnishing information satisfactory to the department. The replacement certificate of title shall contain the legend “This is a replacement certificate and may be subject to the rights of a person under the original certificate”.

(2) A person recovering an original certificate of title for which a replacement has been issued shall promptly surrender the original certificate to the department.

History: 1999 a. 9 .
Wis. Stat. § 895.038 — WI Code / Chapter 895 / Section 895.038
Partial-birth abortions; liability.
Status: in_force

(1) In this section:

(a) “Child” has the meaning given in s. 940.16 (1) (a) .

(b) “Partial-birth abortion” has the meaning given in s. 940.16 (1) (b) .

(2)

(a) Except as provided in par. (b) , any of the following persons has a claim for appropriate relief against a person who performs a partial-birth abortion:

1. If the person on whom a partial-birth abortion was performed was a minor, the parent of the minor.

2. The father of the child aborted by the partial-birth abortion.

(b) A person specified in par. (a) 1. or 2. does not have a claim under par. (a) if any of the following apply:

1. The person consented to performance of the partial-birth abortion.

2. The pregnancy of the woman on whom the partial-birth abortion was performed was the result of a sexual assault in violation of s. 940.225 , 944.06 , 948.02 , 948.025 , 948.06 , 948.085 , or 948.09 that was committed by the person.

(3) The relief available under sub. (2) shall include all of the following:

(a) If the abortion was performed in violation of s. 940.16 , damages arising out of the performance of the partial-birth abortion, including damages for personal injury and emotional and psychological distress.

(b) Exemplary damages equal to 3 times the cost of the partial-birth abortion.

(4) Subsection (2) applies even if the mother of the child aborted by the partial-birth abortion consented to the performance of the partial-birth abortion.

History: 1997 a. 219 ; 2005 a. 277 .
Wis. Stat. § 968.08 — WI Code / Chapter 968 / Section 968.08
Release by law enforcement officer of arrested person.
Status: in_force

A law enforcement officer having custody of a person arrested without a warrant may release the person arrested without requiring the person to appear before a judge if the law enforcement officer is satisfied that there are insufficient grounds for the issuance of a criminal complaint against the person arrested.

History: 1993 a. 486 .
Wis. Stat. § 961.577 — WI Code / Chapter 961 / Section 961.577
Municipal ordinances.
Status: in_force

Nothing in this subchapter precludes a city, village, or town from prohibiting conduct that is the same as that prohibited by s. 961.573 (1) or (2) , 961.574 (1) or (2) , or 961.575 (1) or (2) or a county from prohibiting conduct that is the same as that prohibited by s. 961.573 (1) or (2) , 961.574 (1) or (2) , or 961.575 (1) or (2) .

History: 1989 a. 121 ; 1995 a. 448 s. 320 ; Stats. 1995 s. 961.577; 2003 a. 193 ; 2005 a. 90 , 116 ; 2007 a. 97 .
Wis. Stat. § 180.1703 — WI Code / Chapter 180 / Section 180.1703
Application to domestic corporations.
Status: in_force

Except as provided in ss. 180.1705 to 180.1708 , beginning on January 1, 1991, this chapter applies to all of the following:

(1) Except as provided in sub. (2) , any domestic corporation with capital stock, regardless of when it was organized and whether for profit or not, but a domestic corporation organized under provisions other than those in this chapter and corresponding prior general corporation laws is subject to this chapter only to the extent that it is not inconsistent with those provisions.

(2) Any domestic corporation with capital stock but not organized for profit that was organized before July 1, 1953, under the general corporation laws or any special statute or law of this state and that has not elected to be subject to ch. 181 , only to the extent that the provisions of this chapter are not inconsistent with the articles of incorporation or form of organization of the domestic corporation or with any provisions elsewhere in the statutes or under any special law relating to the domestic corporation.

History: 1989 a. 303 .
Wis. Stat. § 221.0801 — WI Code / Chapter 221 / Section 221.0801
Liquidation.
Status: in_force

(1) When authorized. A bank organized or doing business under this chapter may go into liquidation by a vote of its shareholders owning a majority of the capital stock outstanding or such greater percentage required under the articles of incorporation or bylaws. If a vote is taken to go into liquidation, the board of directors shall give notice of this fact to the division, and the notice shall be certified by an officer of the bank. A liquidating bank may not transfer assets or liabilities to another bank until the transfer is approved by the division.

(2) Notice. The board of directors shall also give notice of this fact by certified mail to all persons whose names appear as creditors upon the books of the bank and by publication as a class 3 notice, under ch. 985 . The notice shall direct all persons who may have claims against the bank to file the claims.

History: 1995 a. 336 .
Wis. Stat. § 32.185 — WI Code / Chapter 32 / Section 32.185
Condemnor.
Status: in_force

“Condemnor”, for the purposes of ss. 32.19 to 32.27 , means any municipality, board, commission, public officer, or business entity vested with the power of eminent domain which acquires property for public purposes either by negotiated purchase when authorized by statute to employ its powers of eminent domain or by the power of eminent domain. “Condemnor” also means a displacing agency. In this section, “displacing agency” means any state agency, political subdivision of the state or person carrying out a program or project with public financial assistance that causes a person to be a displaced person, as defined in s. 32.19 (2) (e) .

History: 1975 c. 224 ; 1987 a. 399 ; 2015 a. 55 .
Wis. Stat. § 221.0521 — WI Code / Chapter 221 / Section 221.0521
Acceptance of instruments showing shareholder action.
Status: in_force

(1) When name corresponds to that of a shareholder. If the name signed on a vote, consent, waiver or proxy appointment corresponds to the name of a shareholder, the bank, if acting in good faith, may accept the vote, consent, waiver or proxy appointment and give it effect as the act of the shareholder.

(2) When name does not correspond to that of a shareholder. If the name signed on a vote, consent, waiver or proxy appointment does not correspond to the name of its shareholder, the bank, if acting in good faith, may accept the vote, consent, waiver or proxy appointment and give it effect as the act of the shareholder if any of the following applies:

(a) The shareholder is an entity and the name signed purports to be that of an officer or agent of the entity.

(b) The name signed purports to be that of a personal representative, guardian, or conservator representing the shareholder and, if the bank requests, evidence of fiduciary status acceptable to the bank is presented with respect to the vote, consent, waiver, or proxy appointment.

(c) The name signed purports to be that of a receiver or trustee in bankruptcy of the shareholder and, if the bank requests, evidence of this status acceptable to the bank is presented with respect to the vote, consent, waiver or proxy appointment.

(d) The name signed purports to be that of a pledgee, beneficial owner, or attorney-in-fact of the shareholder and, if the bank requests, evidence acceptable to the bank of the signatory’s authority to sign for the shareholder is presented with respect to the vote, consent, waiver or proxy appointment.

(e) Two or more persons are the shareholder as cotenants or fiduciaries and the name signed purports to be the name of at least one of the co-owners and the person signing appears to be acting on behalf of all co-owners.

(3) When rejection permitted. The bank may reject a vote, consent, waiver or proxy appointment if the officer or agent of the bank who is authorized to tabulate votes, acting in good faith, has reasonable basis for doubt about the validity of the signature on it or about the signatory’s authority to sign for the shareholder.

(4) Effect on liability. The bank and its officer or agent who accepts or rejects a vote, consent, waiver or proxy appointment in good faith and in accordance with this section are not liable in damages to the shareholder for the consequences of the acceptance or rejection.

(5) Effect on validity of action. Bank action based on the acceptance or rejection of a vote, consent, waiver or proxy appointment under this section is valid unless a court of competent jurisdiction determines otherwise.

History: 1995 a. 336 ; 2001 a. 102 .
Wis. Stat. § 186.112 — WI Code / Chapter 186 / Section 186.112
Credit union borrowing.
Status: in_force

The board of directors may borrow money from any source if the amount borrowed does not exceed 30 percent of the credit union’s total savings, deposits and reserves. Credit union borrowing may exceed 30 percent if the office of credit unions approves.

History: 1971 c. 193 ss. 23 , 42 (1) ; 1979 c. 34 , 282 ; 1981 c. 156 ; 1983 a. 369 ; 1995 a. 27 , 151 .
Wis. Stat. § 971.106 — WI Code / Chapter 971 / Section 971.106
Elder person victims and witnesses; duty to expedite proceedings.
Status: in_force

(1) In this section, “elder person” means any individual who is 60 years of age or older.

(2) In all criminal and delinquency cases and juvenile dispositional hearings involving a victim or witness who is an elder person, the court and the district attorney shall take appropriate action to ensure a speedy trial in order to minimize the length of time the elder person must endure the stress of the elder person’s involvement in the proceeding. In ruling on any motion or other request for a delay or continuance of proceedings, the court shall consider and give weight to any adverse impact the delay or continuance may have on the well-being of a victim or witness who is an elder person.

History: 2023 a. 231 .
Wis. Stat. § 429.103 — WI Code / Chapter 429 / Section 429.103
Construction against implied repeal.
Status: in_force

This chapter being a general act intended as a unified coverage of its subject matter, no part of this chapter shall be construed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.

History: 1995 a. 329 .
Wis. Stat. § 183.0802 — WI Code / Chapter 183 / Section 183.0802
Derivative action.
Status: in_force

A member may maintain a derivative action to enforce a right of a limited liability company if any of the following applies:

(1) The member first makes a demand on the other members of a member-managed limited liability company, or the managers of a manager-managed limited liability company, requesting that they cause the limited liability company to bring an action to enforce the right, and the managers or other members do not bring the action within a reasonable time.

(2) A demand under sub. (1) would be futile.

History: 2021 a. 258 .
Wis. Stat. § 877.19 — WI Code / Chapter 877 / Section 877.19
Action against heirs and legatees; what may be recovered; costs.
Status: in_force

If an action described in s. 877.18 is brought, the plaintiff must show that he or she has been or will be unable, with due diligence, to collect all or part of his or her debt by proceedings in the circuit court or from the personal representative of the decedent. In that event, except as limited by s. 859.23 , the plaintiff may recover the value of all the assets received by all the defendants if necessary to satisfy his or her demand, and the amount of the recovery shall be apportioned among the defendants in proportion to the value of the property received by each of them. Costs of the action shall be apportioned in like manner. No allowance or deduction may be made from the amount on account of other heirs or legatees or devisees to whom assets have also been delivered or paid. The judgment shall express the amount recovered against each defendant for damages and costs.

History: 1977 c. 449 ; 1979 c. 32 ss. 55 , 92 (7) ; Stats. 1979 s. 777.19; 2001 a. 102 s. 110 ; Stats. 2001 s. 877.19.
Wis. Stat. § 128.10 — WI Code / Chapter 128 / Section 128.10
Meetings of creditors; removal or death of receiver.
Status: in_force

(1) The court may provide for hearings and meetings of creditors to elect a receiver or to pass upon matters submitted to creditors by a majority vote in number and amount of claims.

(2) The court may, upon notice and hearing, remove any receiver or assignee who is shown to be incompetent or to have become disqualified, or to have wasted or misapplied any of the trust estate; and shall remove any assignee or receiver upon the application of a majority of the creditors who shall represent a majority in number and amount of claims against said estate, and order a settlement of the receiver’s or assignee’s account and the surrender of all the estate to a successor, and shall appoint the person named in such petition or some suitable person as the receiver’s or assignee’s successor, who shall qualify in the manner provided by this chapter; and in place of any receiver or assignee who shall die or be removed, may appoint another who shall give bond and administer said estate pursuant to the provisions of this chapter.

History: 1993 a. 492 .
Wis. Stat. § 199.08 — WI Code / Chapter 199 / Section 199.08
Annual membership meeting.
Status: in_force

All members shall be eligible to attend, participate in and vote in the annual membership meeting called by the board under s. 199.07 (3) . The form of the meeting shall be as provided under subch. VII of ch. 181 . The meeting shall be open to the public and shall be held in different districts on a rotating basis.

History: 1979 c. 72 ; 1997 a. 79 .
Wis. Stat. § 228.07 — WI Code / Chapter 228 / Section 228.07
Recording and copying by other counties.
Status: in_force

Any county by resolution may elect to be controlled by this chapter.

History: 1971 c. 104 ; 1981 c. 390 s. 252 .
Wis. Stat. § 647.05 — WI Code / Chapter 647 / Section 647.05
Continuing care contract provisions.
Status: in_force

(1m) A provider may not enter into a continuing care contract unless the contract:

(a) Is coherent, written in commonly understood language, legible, appropriately divided and captioned and presented in a meaningful manner. Each provider shall submit to the commissioner a copy of the form of the continuing care contract within 30 days after any change is made in that continuing care contract.

(b) Specifies what services are provided to the resident under the continuing care contract and what services are provided at an additional cost to the resident.

(c) Contains information about the status of a resident’s claim against the facility’s assets if the facility were to be liquidated.

(d) Includes a refund schedule.

(e) Specifies the circumstances and consequences of termination of the contract by either the provider or the resident.

(f) Provides that if a resident dies or the continuing care contract is terminated prior to occupancy or within the first 30 days after occupancy, the provider will refund at least the entrance fee less the cost of any reasonable refurbishing and less the cost of any care actually received by the resident that was not included in other charges by the provider.

(g) Provides that if a resident dies or the continuing care contract is terminated after the first 30 days of occupancy, but within the first 90 days of occupancy, the provider will refund at least 90 percent of the amount computed under par. (f) .

(h) Provides that if the resident terminates the continuing care contract after the first 90 days of occupancy, the provider will refund to the resident a portion of the resident’s entrance fee that is no less than the amount of refund indicated on the refund schedule that is in effect under the terms of the resident’s continuing care contract.

(i) Provides that if the provider terminates the continuing care contract after the first 90 days of occupancy for reasons other than willful violation of the continuing care contract by the resident, the provider will refund to the resident a portion of the resident’s entrance fee that is no less than the amount determined by subtracting the quotient of the resident’s actual length of stay divided by the actual or projected average length of stay of residents in the facility from 1.0 and multiplying the result obtained by the resident’s entrance fee, as those figures are specified in the resident’s continuing care contract. This subsection does not apply if the provider terminates the continuing care contract because of the death of the resident.

(2m) Subject to s. 49.455 , a continuing care contract may require that, before a resident applies for medical assistance, the resident must spend on his or her care the resources declared for purposes of admission to the facility.

History: 1983 a. 358 ; 2007 a. 20 .
Wis. Stat. § 180.0821 — WI Code / Chapter 180 / Section 180.0821
Action without meeting.
Status: in_force

(1) Unless the articles of incorporation or bylaws provide otherwise, action required or permitted by this chapter to be taken at a board of directors’ meeting may be taken without a meeting if the action is taken by all members of the board. The action shall be evidenced by one or more written consents describing the action taken, signed by each director and retained by the corporation.

(2) Action taken under this section is effective when the last director signs the consent, unless the consent specifies a different effective date.

(3) A consent signed under this section has the effect of a unanimous vote taken at a meeting at which all directors were present, and may be described as such in any document.

(4) Any person, whether or not then a director, may provide, whether through instruction to an agent or otherwise, that a consent to action will be effective at a future time, including a time determined upon the happening of an event, and such consent shall be considered to have been given for purposes of this section at such effective time so long as the person is then a director and did not revoke the consent prior to that time. Any such consent shall be revocable prior to its becoming effective.

History: 1989 a. 303 ; 2021 a. 258 .
Wis. Stat. § 227.17 — WI Code / Chapter 227 / Section 227.17
Notice of hearing.
Status: in_force

(1) If a hearing is required under s. 227.16 , the agency shall do all of the following:

(a) Send written notice of the hearing, in an electronic format approved by the legislative reference bureau, to the legislative reference bureau for publication in the register and, if required, publish the notice in a local newspaper.

(b) Send an electronic copy of the written notice of the hearing under par. (a) to each member of the legislature who has filed a written request for notice with the legislative reference bureau. Upon request, the legislative reference bureau shall furnish an agency with the name and address of each legislator who has requested notice.

(bm) Send written notice of the hearing to the secretary of administration on the same day that the notice is sent to the legislative reference bureau under par. (a) .

(c) Take any action it considers necessary to provide notice to other interested persons.

(2) The notice under sub. (1) shall be given at least 10 days prior to the date set for a hearing. Notice through the register is considered to have been given on the date on which the issue of the register in which the notice first appears is published under s. 35.93 (2) .

(2m) The notice under sub. (1) shall be approved by the individual or body with policy-making powers over the subject matter of the proposed rule.

(3) The notice under sub. (1) shall include:

(a) A statement of the date, time and place of the hearing.

(b) A copy of the proposed rule as submitted to the legislative council staff under s. 227.15 (1) .

(eg) Any independent economic impact analysis prepared under s. 227.137 (4m) .

(f) If the proposed rule will have an effect on small businesses, as defined under s. 227.114 (1) , an initial regulatory flexibility analysis, which shall contain a description of the types of small businesses that will be affected by the rule, a brief description of the proposed reporting, bookkeeping and other procedures required for compliance with the rule and a description of the types of professional skills necessary for compliance with the rule.

(g) Any additional matter required by statute.

(i) The electronic mail address and telephone number of the small business regulatory coordinator and a link to an Internet site that allows a person to review the rule and make comments regarding the rule.

(4) An agency may modify a proposed rule prior to a hearing without providing additional notice under this section if the modification is germane to the subject matter of the proposed rule. In this subsection, an agency’s proposal to delete part of a proposed rule for which notice was given under sub. (1) shall be treated as a germane modification of the proposed rule.

(5) Failure of any person to receive notice of a hearing on proposed rule making is not grounds for invalidating the resulting rule if notice of the hearing was published as provided in sub. (1) (a) .

History: 1985 a. 182 ; 1985 a. 332 s. 253 ; 1987 a. 253 ; 1995 a. 106 ; 2003 a. 145 ; 2005 a. 249 ; 2007 a. 20 ; 2011 a. 21 ; 2013 a. 20 , 172 ; 2017 a. 57 .