FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 409.325 — WI Code / Chapter 409 / Section 409.325
Priority of security interests in transferred collateral.
Status: in_force

(1) Subordination of security interest in transferred collateral. Except as otherwise provided in sub. (2) , a security interest created by a debtor is subordinate to a security interest in the same collateral created by another person if:

(a) The debtor acquired the collateral subject to the security interest created by the other person;

(b) The security interest created by the other person was perfected when the debtor acquired the collateral; and

(c) There is no period thereafter when the security interest is unperfected.

(2) Limitation of sub. (1) subordination. Subsection (1) subordinates a security interest only if the security interest:

(a) Otherwise would have priority solely under s. 409.322 (1) or 409.324 ; or

(b) Arose solely under s. 402.711 (3) or 411.508 (5) .

History: 2001 a. 10 .
Wis. Stat. § 648.25 — WI Code / Chapter 648 / Section 648.25
Conducting examinations.
Status: in_force

(1) Order of examination. For each examination under s. 648.20 , the commissioner shall issue an order stating the scope of the examination and designating the examiner in charge. Upon demand, a copy of the order shall be provided to the examinee.

(2) Access to examinee. Any examiner authorized by the commissioner shall, for the purposes of the examination, have access at all reasonable hours to the premises and to any property of the examinee.

(3) Cooperation. The officers, employees, and agents of the examinee shall comply with every reasonable request of the examiners for assistance in any matter relating to the examination. No person may obstruct or interfere with the examination in any way other than by legal process.

(4) Correction of books. If the commissioner finds the accounts or records to be inadequate for proper examination of the condition and affairs of the permittee or improperly kept or posted, the commissioner may employ experts to rewrite, post, or balance them at the expense of the permittee.

(5) Report on examination. The examiner in charge of an examination shall make a proposed report of the examination, including information and analysis ordered in sub. (1) , together with the examiner’s recommendations. Preparation of the proposed report may include conferences with the examinee or the examinee’s representatives at the option of the examiner in charge. The commissioner shall serve the final examination report on the examinee.

(6) Copies for board. The permittee shall furnish copies of the final examination report to each member of its board or governing body.

(7) Report as evidence. In any proceeding by or against the permittee or any officer or agent of the permittee the final examination report shall be admissible as evidence of the facts stated in the report. In any proceeding commenced under this chapter, the final examination report shall be admissible as evidence of the facts stated in the report. In any proceeding by or against the examinee, the facts asserted in any final examination report properly admitted in evidence shall be presumed to be true in the absence of contrary evidence.

History: 2009 a. 28 .
Wis. Stat. § 291.91 — WI Code / Chapter 291 / Section 291.91
Inspections and right of entry.
Status: in_force

(1) The department may inspect hazardous waste facility construction projects to determine compliance with this chapter and rules promulgated and licenses issued under this chapter.

(2) Upon the request of any officer, employee or authorized representative of the department and with notice provided no later than upon the officer’s, employee’s or authorized representative’s arrival, any person who generates, stores, treats, transports or disposes of hazardous wastes shall permit the officer, employee or authorized representative access to vehicles, premises and records relating to hazardous wastes at reasonable times. An officer, employee or authorized representative of the department may take samples of any hazardous waste. The officer, employee or authorized representative shall commence and complete inspections with reasonable promptness. If samples are taken, the officer, employee or authorized representative shall give a receipt for each sample to the person in charge of the facility and, upon request, half of the sample taken. The department shall furnish promptly a copy of the results of any analysis of any sample which is taken and a copy of the inspection report to the person in charge of the facility.

History: 1977 c. 377 ; 1981 c. 374 ; 1987 a. 27 , 384 ; 1995 a. 227 ss. 670 , 690 , 691 .
Wis. Stat. § 946.18 — WI Code / Chapter 946 / Section 946.18
Misconduct sections apply to all public officers.
Status: in_force

Sections 946.10 to 946.17 apply to public officers, whether legally constituted or exercising powers as if legally constituted.

History: 1977 c. 278 ; 1979 c. 110 .
Wis. Stat. § 160.17 — WI Code / Chapter 160 / Section 160.17
Collection of information.
Status: in_force

Concurrently with the identification of substances under s. 160.05 (1) , the regulatory agency shall conduct a literature search and shall request, where appropriate, the manufacturer of each substance and other knowledgeable sources to provide relevant data, information on the environmental fate of the substance and recommendations on measures which may be implemented to minimize the concentration of the substance in the groundwater.

History: 1983 a. 410 .
Wis. Stat. § 19.57 — WI Code / Chapter 19 / Section 19.57
Conferences, visits and economic development activities.
Status: in_force

The Wisconsin Economic Development Corporation shall file a report with the commission no later than April 30 annually, specifying the source and amount of anything of value received by the Wisconsin Economic Development Corporation during the preceding calendar year for a purpose specified in s. 19.56 (3) (e) , and the program or activity in connection with which the thing is received, together with the location and date of that program or activity.

History: 1991 a. 39 ; 1995 a. 27 s. 9116 (5) ; 2011 a. 32 ; 2015 a. 118 s. 266 (10) .
Wis. Stat. § 229.55 — WI Code / Chapter 229 / Section 229.55
Trust funds.
Status: in_force

All moneys received under this subchapter, whether as proceeds from the sale of bonds or from any other source, are trust funds to be held and applied solely as provided in this subchapter. Any officer with whom, or any bank or trust company with which, those moneys are deposited shall act as trustee of those moneys and shall hold and apply the moneys for the purposes of this subchapter, subject to this subchapter and the bond resolution authorizing issuance of the bonds.

History: 1993 a. 263 .
Wis. Stat. § 214.825 — WI Code / Chapter 214 / Section 214.825
Purposes of taking custody.
Status: in_force

The purposes of taking custody of a savings bank may include examination; production of an audit report or audited financial statement; reconstruction of books and records; conservation of assets; restoration of impaired capital; the making of any necessary or equitable adjustment, including changes in officers and management, considered necessary by the division under any plan of reorganization or liquidation; restructuring of the savings bank through a merger or formation of an interim institution; establishment of a conservatorship to operate and manage a savings bank as an ongoing concern until the grounds for custody and conservatorship are remedied; or the maturing of an obligation of the deposit insurance corporation.

History: 1991 a. 221 ; 1995 a. 27 ; 1997 a. 35 ; 2011 a. 182 .
Wis. Stat. § 134.45 — WI Code / Chapter 134 / Section 134.45
Contracts restricting days for exhibiting motion picture films; penalty.
Status: in_force

(1) As used in this section the following words and terms shall be construed as follows:

(a) “Person” shall include any natural person, partnership, firm, unincorporated association, limited liability company or corporation doing business within this state.

(b) “Public exhibition” shall mean any exhibition, performance or display which the public may see, view or attend for an admission price, fee or other valuable consideration.

(2) It shall be unlawful for any person to enter into a contract, directly or indirectly, to sell, rent, lease, license, lend, distribute or barter a motion picture film for public exhibition within this state upon the condition imposed by the seller, vendor, renter, lessor, licensor or distributor that such public exhibition thereof shall begin, occur or take place on a certain or specified day or days of the week.

(3)

(a) Any person who violates any provision of this section shall, upon conviction thereof, be fined not less than $25 nor more than $300 for the first offense, and shall be fined not less than $300 nor more than $500 for each separate subsequent offense.

(b) A domestic or foreign corporation, association or limited liability company exercising any of the powers, franchises or functions of a business entity in this state that violates any provision of this section, shall not have the right of, and shall be prohibited from, doing business in this state, and the department of financial institutions shall revoke its certificate to do business in this state.

(4) When, upon complaint or otherwise, the attorney general or district attorney has good reason to believe that any provision of this section has been violated, he or she shall commence and prosecute the necessary actions in the supreme court, or in the circuit court of the county in which the defendant resides, for enforcement of this section. Such actions may include quo warranto, injunction or any other proceedings.

History: 1993 a. 112 , 482 , 490 ; 1995 a. 27 .
Wis. Stat. § 562.125 — WI Code / Chapter 562 / Section 562.125
Department of justice enforcement authority.
Status: in_force

(1) Investigations. The department of justice may investigate any activities by the department and the department’s employees and contractors, or by the licensees and their employees and contractors, which affect the operation or administration of racing and on-track pari-mutuel wagering, and shall report suspected violations of state or federal law to the appropriate prosecuting authority.

(1m) Subpoena power. For the purpose of an investigation under sub. (1) , the attorney general may issue a subpoena to compel the production of any books, papers, correspondence, memoranda, agreements or other documents or records which the attorney general deems relevant or material to the investigation. Section 885.12 shall apply to any failure to obey a subpoena under this subsection.

(2) Prosecutions. The attorney general and district attorneys have concurrent jurisdiction to commence prosecutions for alleged violations of this chapter.

History: 1987 a. 354 ; 1989 a. 31 ; 1991 a. 269 ; 1995 a. 27 s. 9123 (6pp) ; 1997 a. 252 .
Wis. Stat. § 46.482 — WI Code / Chapter 46 / Section 46.482
Coordination of care in substance use overdose.
Status: in_force

(1) In this section:

(a) “Overdose treatment provider” means an entity, including an emergency department of a hospital, that offers treatment or other services to individuals in response to or following a substance use overdose.

(b) “Peer recovery coach” means an individual described under s. 49.45 (30j) (a) 2. who has completed the training requirements specified under s. 49.45 (30j) (b) 4.

(2) The department shall establish and maintain a program to facilitate overdose treatment providers to do all of the following:

(a) Use peer recovery coaches to encourage individuals to seek treatment for a substance use disorder following an overdose.

(b) Provide access to medications to reverse overdose, as appropriate.

(c) Coordinate and continue care and treatment of individuals after an overdose, including through referrals to treatment services, to peer support, to community organizations that support recovery, to education, training, and employment services, to housing services, and to child welfare agencies. An overdose treatment provider may coordinate and continue care and treatment under this paragraph by establishing an integrated model of care for patients who have experienced an overdose that may include assessment, follow-up services, and transportation to and from treatment.

(d) Provide education to patients and families on preventing and reversing an overdose.

(e) Provide follow-up services for patients after overdose to ensure continued recovery and connection to support services.

(f) Collect and evaluate data on the outcomes of patients receiving peer recovery coach services and coordination and continuation of care services under this section.

(3) The department may establish policies and procedures to provide guidance on any of the following:

(a) The provision of medications that reverse an overdose and any other medications or biological products used to treat a substance use disorder.

(b) Continuation of, or referral to, evidence-based treatment services for patients with a substance use disorder who have experienced an overdose, for the purpose of supporting long-term treatment and preventing relapse or future overdoses.

(4) The department shall seek any funding available from the federal government, including grant funding under 42 USC 290dd-4 , to establish and maintain the program under sub. (2) or establish the policies and procedures under sub. (3) . The department may satisfy the requirement under sub. (2) by encouraging or facilitating or providing funding to programs operated by nongovernmental overdose treatment providers.

History: 2019 a. 122 ; 2021 a. 240 s. 30 .
Wis. Stat. § 409.404 — WI Code / Chapter 409 / Section 409.404
Rights acquired by assignee; claims and defenses against assignee.
Status: in_force

(1) Assignee’s rights subject to terms, claims, and defenses; exceptions. Unless an account debtor has made an enforceable agreement not to assert defenses or claims, and subject to subs. (2) to (5) , the rights of an assignee are subject to:

(a) All terms of the agreement between the account debtor and assignor and any defense or claim in recoupment arising from the transaction that gave rise to the contract; and

(b) Any other defense or claim of the account debtor against the assignor which accrues before the account debtor receives a notification of the assignment authenticated by the assignor or the assignee.

(2) Account debtor’s claim reduces amount owed to assignee. Subject to sub. (3) and except as otherwise provided in sub. (4) , the claim of an account debtor against an assignor may be asserted against an assignee under sub. (1) only to reduce the amount the account debtor owes.

(3) Rule for individual under other law. This section is subject to law other than this chapter which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.

(4) Omission of required statement in consumer transaction. In a consumer transaction, if a record evidences the account debtor’s obligation, law other than this chapter requires that the record include a statement to the effect that the account debtor’s recovery against an assignee with respect to claims and defenses against the assignor may not exceed amounts paid by the account debtor under the record, and the record does not include such a statement, the extent to which a claim of an account debtor against the assignor may be asserted against an assignee is determined as if the record had included such a statement.

(5) Inapplicability to health care insurance receivable. This section does not apply to an assignment of a health care insurance receivable.

History: 2001 a. 10 .
Wis. Stat. § 33.17 — WI Code / Chapter 33 / Section 33.17
Unfunded application to continue.
Status: in_force

(1) Aid applications approved but unfunded because of a lack of funds remain eligible for future funding, subject to updating as the department may require. A lack of funding under this subchapter does not preclude a district from implementing all or part of an approved plan with funding from any other source but these projects are not eligible for retroactive financial assistance.

(2) The department shall return rejected applications to the district with a concise statement of the reasons for rejection.

History: 1973 c. 301 ; 1975 c. 197 ; 1981 c. 20 .
Wis. Stat. § 940.23 — WI Code / Chapter 940 / Section 940.23
Reckless injury.
Status: in_force

(1) First-degree reckless injury.

(a) Whoever recklessly causes great bodily harm to another human being under circumstances which show utter disregard for human life is guilty of a Class D felony.

(b) Whoever recklessly causes great bodily harm to an unborn child under circumstances that show utter disregard for the life of that unborn child, the woman who is pregnant with that unborn child or another is guilty of a Class D felony.

(2) Second-degree reckless injury.

(a) Whoever recklessly causes great bodily harm to another human being is guilty of a Class F felony.

(b) Whoever recklessly causes great bodily harm to an unborn child is guilty of a Class F felony.

History: 1987 a. 399 ; 1997 a. 295 ; 2001 a. 109 .
Wis. Stat. § 78.64 — WI Code / Chapter 78 / Section 78.64
Definitions.
Status: in_force

In this subchapter:

(1) “Alternate fuels” has the meaning given in s. 78.39 (1) .

(2) “Department” means the department of revenue.

(3) “Motor vehicle fuel” has the meaning given in s. 78.005 (13) .

(4) “Person” includes any individual, sole proprietorship, partnership, limited liability company, corporation, or association. A single-owner entity that is disregarded as a separate entity under ch. 71 is disregarded as a separate entity for purposes of this subchapter.

History: 1993 a. 16 ; 2015 a. 216 .
Wis. Stat. § 243.05 — WI Code / Chapter 243 / Section 243.05
Instruments signed by agents.
Status: in_force

Every instrument required under chs. 240 to 243 to be subscribed by any party may be subscribed by the agent of such party lawfully authorized thereto.

History: 1979 c. 89 .
Wis. Stat. § 180.1002 — WI Code / Chapter 180 / Section 180.1002
Amendment of articles of incorporation by board of directors.
Status: in_force

Unless the articles of incorporation provide otherwise, the corporation’s board of directors may adopt one or more amendments to the corporation’s articles of incorporation without shareholder action:

(1) To extend the duration of the corporation if it was incorporated at a time when limited duration was required by law.

(2) To delete the names and addresses of the initial directors.

(3) To delete the names and addresses of the incorporators.

(4) To delete the name and address of a former registered agent or registered office, if a statement of change is on file with the department.

(5) To change the registered agent or the registered office.

(6) To change each share, whether issued or unissued, of an outstanding class into a greater number of whole shares if the corporation has only shares of that class outstanding or the aggregate preferences and relative rights of that class are not increased to the prejudice of the outstanding shares of any other class.

(7) To change the corporate name by substituting the word “corporation”, “incorporated”, “company” or “limited” or the abbreviation “corp.”, “inc.”, “co.” or “ltd.”, or words or abbreviations of similar meaning in another language, for a similar word or abbreviation in the name or by adding, deleting or changing a geographical attribution for the name.

(7m) In the case of an investment company, to change the corporate name, if the investment company notifies shareholders of the change in corporate name not less than 30 days before the effective date of the change.

(8) If the articles of incorporation so provide, to make a change permitted by s. 180.0602 .

(8m) In the case of an investment company, to declare an indefinite number of authorized shares.

(8n) In the case of a company that is registered, or is organized for the purpose of registering, as a management investment company under 15 USC 80a-1 to 80a-64 , to state that the corporation is registered or is organized for the purposes of registering as a management investment company under 15 USC 80a-1 to 80a-64 .

(9) To make any other change expressly permitted by this chapter to be made without shareholder action.

History: 1989 a. 303 ; 1995 a. 27 , 271 .
Wis. Stat. § 50.085 — WI Code / Chapter 50 / Section 50.085
Visitation by family members.
Status: in_force

(1) Definitions. In this section:

(a) “Adult child” means an individual who is at least 18 years of age and who is related to a resident biologically, through adoption, through the marriage or former marriage of the resident to the biological parent of the adult child, or by a judgment of parentage entered by a court of competent jurisdiction.

(am) “Family member” means any spouse, adult child, adult grandchild, parent, or sibling of a resident.

(b) “Resident” means an adult resident of any of the following:

1. A hospital, as defined in s. 50.33 (2) .

2. A hospice, as defined in s. 50.90 (1) .

3. A nursing home, as defined in s. 50.01 (3) .

4. A community-based residential facility, as defined in s. 50.01 (1g) .

5. Any home or other residential dwelling in which the resident is receiving care and services from any person.

(c) “Visitation” means an in-person meeting or any telephonic, written, or electronic communication.

(2) Petition for visitation. If a family member is being denied visitation with a resident, the family member may petition a court to compel visitation with the resident. The court may not issue an order compelling visitation if the court finds any of the following:

(a) The resident, while having the capacity to evaluate and communicate decisions regarding visitation, expresses a desire to not have visitation with that family member.

(b) Visitation between the petitioning family member and the resident is not in the best interest of the resident.

(3) Expedited hearing. If the petition under sub. (2) states that the resident’s health is in significant decline or that the resident’s death may be imminent, the court shall conduct an emergency hearing on the petition under sub. (2) as soon as practicable and no later than 10 days after the date the petition is filed with the court.

(4) Sanctions; remedies. Upon a motion or on the court’s own motion, if the court finds during a hearing on a petition under sub. (2) that a person is knowingly isolating a resident, the court shall order the person to pay court costs and reasonable attorney fees of the petitioner under sub. (2) and may order other appropriate remedies. No costs, fees, or other sanctions may be paid from the resident’s finances or estate.

History: 2015 a. 343 .
Wis. Stat. § 345.48 — WI Code / Chapter 345 / Section 345.48
Reporting pending appeal.
Status: in_force

(1) In this section, “working days” means all days except Saturdays, Sundays, and legal holidays under s. 995.20 .

(1m) If the defendant is found guilty the court shall, within 5 working days, forward to the department the record of such conviction.

(2) If the defendant is found guilty of a traffic violation for which revocation of his or her operating privilege is mandatory under s. 343.31 , or for which the court revokes or suspends his or her operating privilege under s. 343.30 , the court may take possession of the suspended or revoked license. If the court takes possession of a license, it shall destroy the license. The revocation or suspension is effective immediately. The court ordered suspension or revocation shall be included as part of the report of conviction under sub. (1m) .

(4) If notice of appeal is filed the court shall, within 5 working days after it is filed, forward to the department a certificate stating that a notice of appeal has been filed. Thereafter, the court shall notify the department as required under s. 343.325 (1) (b) and (c) .

History: 1971 c. 278 ; 1977 c. 29 s. 1654 (7) (a) ; 1983 a. 304 ; 1985 a. 135 s. 85 ; Sup. Ct. Order, 146 Wis. 2d xiii (1975); 1991 a. 39 ; 1993 a. 16 ; 2005 a. 155 ; 2009 a. 103 .