FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 859.21 — WI Code / Chapter 859 / Section 859.21
Contingent claims.
Status: in_force

If the amount or validity of a claim cannot be determined until some time in the future, the claim is a contingent claim regardless of whether the claim is based on an event which occurred in the past or on an event which may occur in the future. Except for claims of the type not required to be filed under s. 859.02 , contingent claims which cannot be allowed as absolute must, nevertheless, be filed in the court and proved in the same manner as absolute claims. If allowed subject to the contingency, the order of allowance shall state the nature of the contingency. If the claim is allowed as absolute before distribution of the estate, it shall be paid in the same manner as absolute claims of the same class. In all other cases the court may provide for the payment of contingent claims in any one of the following methods:

(1) The creditor and personal representative may determine, by agreement, arbitration or compromise, the value thereof, according to its probable present worth, and it may be allowed and paid in the same manner as an absolute claim.

(2) The court may order the personal representative to make distribution of the estate but to retain sufficient funds to pay the claim if and when the same becomes absolute; but for this purpose the estate shall not be kept open longer than 2 years after distribution of the remainder of the estate has been made; and if the claim has not become absolute within that time, distribution shall be made to the distributees of the retained funds, after paying any costs and expenses accruing during such period but the distributees shall be liable to the creditor to the extent provided in s. 859.23 , if the contingent claim thereafter becomes absolute. When distribution is so made to distributees, the court may require the distributees to give bond for the satisfaction of their liability to the contingent creditor.

(3) The court may order distribution of the estate as though the contingent claim did not exist, but the distributees shall be liable to the creditor as limited by s. 859.23 , if the contingent claim thereafter becomes absolute; and the court may require the distributees to give bond for the satisfaction of their liability to the contingent creditor.

(4) Such other method as the court orders.

History: 1989 a. 96 ; 1993 a. 486 .
Wis. Stat. § 767.855 — WI Code / Chapter 767 / Section 767.855
Dismissal if adjudication not in child’s best interest.
Status: in_force

Except as provided in s. 767.863 (1m) , at any time in an action to establish the paternity of a child, upon the motion of a party or guardian ad litem, the court or supplemental court commissioner under s. 757.675 (2) (g) may, if the court or supplemental court commissioner determines that a judicial determination of whether a male is the father of the child is not in the best interest of the child, dismiss the action with respect to the male, regardless of whether genetic tests have been performed or what the results of the tests, if performed, were. Notwithstanding ss. 767.813 (5g) (form) 4. , 767.84 (1) and (2) , 767.863 (2) , 767.865 (2) , and 767.88 (4) , if genetic tests have not yet been performed with respect to the male, the court or supplemental court commissioner is not required to order those genetic tests.

History: 1997 a. 191 ; 2001 a. 61 ; 2005 a. 443 s. 202 ; Stats. 2005 s. 767.855; 2019 a. 95 .
Wis. Stat. § 655.445 — WI Code / Chapter 655 / Section 655.445
Request for mediation in conjunction with court action.
Status: in_force

(1) Commencing action, request and fee. Beginning September 1, 1986, any person listed in s. 655.007 having a claim or a derivative claim under this chapter for bodily injury or death because of a tort or breach of contract based on professional services rendered or that should have been rendered by a health care provider shall, within 15 days after the date of filing an action in court, file a request for mediation. The request shall be prepared and delivered in person or sent by registered mail to the director of state courts, in the form and manner required under s. 655.44 (2) and (3) , together with a notice that a court action has been commenced and the fee under s. 655.54 shall be paid.

(2) Scheduling. All time periods under s. 802.10 (3) are tolled on the date of filing the court action. The time periods remain tolled until the expiration of the mediation period under s. 655.465 (7) .

(3) No court proceedings before mediation. For actions filed under sub. (1) , no discovery may be made and no trial, pretrial conference or scheduling conference may be held until the expiration of the mediation period under s. 655.465 (7) .

History: 1985 a. 340 ; 1989 a. 187 s. 28 ; Sup. Ct. Order No. 95-04 , 191 Wis. 2d xxi (1995).
Wis. Stat. § 409.335 — WI Code / Chapter 409 / Section 409.335
Accessions.
Status: in_force

(1) Creation of security interest in accession. A security interest may be created in an accession and continues in collateral that becomes an accession.

(2) Perfection of security interest. If a security interest is perfected when the collateral becomes an accession, the security interest remains perfected in the collateral.

(3) Priority of security interest. Except as otherwise provided in sub. (4) , the other provisions of this subchapter determine the priority of a security interest in an accession.

(4) Compliance with certificate-of-title statute. A security interest in an accession is subordinate to a security interest in the whole which is perfected by compliance with the requirements of a certificate-of-title statute under s. 409.311 (2) .

(5) Removal of accession after default. After default, subject to subch. VI , a secured party may remove an accession from other goods if the security interest in the accession has priority over the claims of every person having an interest in the whole.

(6) Reimbursement following removal. A secured party that removes an accession from other goods under sub. (5) shall promptly reimburse any holder of a security interest or other lien on, or owner of, the whole or of the other goods, other than the debtor, for the cost of repair of any physical injury to the whole or the other goods. The secured party need not reimburse the holder or owner for any diminution in value of the whole or the other goods caused by the absence of the accession removed or by any necessity for replacing it. A person entitled to reimbursement may refuse permission to remove an accession until the secured party gives adequate assurance for the performance of the obligation to reimburse.

History: 2001 a. 10 .
Wis. Stat. § 938.205 — WI Code / Chapter 938 / Section 938.205
Criteria for holding a juvenile in physical custody.
Status: in_force

(1) Criteria. A juvenile may be held under s. 938.207 , 938.208 , or 938.209 (1) if the intake worker determines that there is probable cause to believe the juvenile is within the jurisdiction of the court and if probable cause exists to believe any of the following:

(a) That the juvenile will commit injury to the person or property of others if not held.

(b) That the parent, guardian, or legal custodian of the juvenile or other responsible adult is neglecting, refusing, unable, or unavailable to provide adequate supervision and care and that services to ensure the juvenile’s safety and well-being are not available or would be inadequate.

(c) That the juvenile will run away or be taken away so as to be unavailable for proceedings of the court or its officers, proceedings of the division of hearings and appeals in the department of administration for revocation of community supervision or aftercare supervision, or action by the department of corrections or county department relating to a violation of a condition of the juvenile’s placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth or a condition of the juvenile’s participation in the intensive supervision program under s. 938.534 .

(2) Applicability. The criteria for holding a juvenile in custody under this section govern the decision of all persons responsible for determining whether the action is appropriate.

History: 1995 a. 77 , 275 ; 1997 a. 35 , 296 ; 1999 a. 32 ; 2001 a. 16 ; 2005 a. 344 ; 2015 a. 55 .
Wis. Stat. § 343.345 — WI Code / Chapter 343 / Section 343.345
Restriction, limitation or suspension of operating privilege.
Status: in_force

The department shall restrict, limit or suspend a person’s operating privilege if the person is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, or who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857 .

History: 1997 a. 191 ; 2007 a. 20 .
Wis. Stat. § 180.1006 — WI Code / Chapter 180 / Section 180.1006
Articles of amendment.
Status: in_force

A corporation amending its articles of incorporation shall deliver to the department for filing articles of amendment that include all of the following information:

(1) The name of the corporation.

(2) The text of each amendment adopted.

(3) If an amendment provides for an exchange, reclassification or cancellation of issued shares, provisions for implementing the amendment if not contained in the amendment itself.

(4) The date on which each amendment was adopted.

(5) A statement that the amendment was adopted in accordance with s. 180.1002 , 180.1003 or 180.1005 , whichever is the case.

History: 1989 a. 303 ; 1995 a. 27 .
Wis. Stat. § 137.25 — WI Code / Chapter 137 / Section 137.25
Submission of written documents.
Status: in_force

(1) Unless otherwise prohibited by law, with the consent of a governmental unit of this state that is to receive a record, any record that is required by law to be submitted in writing to that governmental unit and that requires a written signature may be submitted as an electronic record, and if submitted as an electronic record may incorporate an electronic signature.

(2) The department of administration shall promulgate rules concerning the use of electronic records and electronic signatures by governmental units, which shall govern the use of electronic records or signatures by governmental units, unless otherwise provided by law. The rules shall include standards regarding the receipt of electronic records or electronic signatures that promote consistency and interoperability with other standards adopted by other governmental units of this state and other states and the federal government and nongovernmental persons interacting with governmental units of this state. The standards may include alternative provisions if warranted to meet particular applications.

History: 1997 a. 306 ; 2003 a. 294 ss. 10t , 11 , 13m .
Wis. Stat. § 101.135 — WI Code / Chapter 101 / Section 101.135
Uniform firewall identification.
Status: in_force

(1) The department shall promulgate rules that specify uniform dimensions, design and other characteristics for signs used to identify firewalls. The rules may not specify firewall signs that are more expensive than necessary to accomplish their purpose.

(2) Whenever a city, village or town provides by ordinance for the identification of firewalls, the provisions of the ordinance shall conform to the rules promulgated under sub. (1) .

History: 1991 a. 269 .
Wis. Stat. § 63.29 — WI Code / Chapter 63 / Section 63.29
Civil service for attorneys in office of city attorney.
Status: in_force

(1) In any city of the first class the common council may by ordinance provide for civil service in the office of the city attorney except for the city attorney and the deputy city attorney.

(2) The matters treated in this section are declared to be of local and not statewide concern.

History: 1991 a. 316 ; 1993 a. 213 .
Wis. Stat. § 132.001 — WI Code / Chapter 132 / Section 132.001
Definitions.
Status: in_force

In this chapter, unless the context indicates otherwise:

(1) “Counterfeit mark” means a spurious mark that is identical to or substantially identical to a genuine mark and that is used or intended to be used on or in connection with goods or services for which the genuine mark is registered and in use. “Counterfeit mark” does not mean any mark or designation used in connection with goods or services if, at the time the goods or services were manufactured or produced, the holder of the right to use the mark authorized the manufacturer or producer to use the mark or designation for the type of goods or services manufactured or produced.

(1m) “Department” means the department of financial institutions.

(2) “Mark” means a label, trademark, trade name, term, design, pattern, model, device, shopmark, drawing, specification, designation or form of advertisement that is adopted or used by any person to designate, make known or distinguish any goods or service as having been made, prepared or provided by that person and that is registered by that person under s. 132.01 .

History: 1985 a. 181 ; 2011 a. 32 .
Wis. Stat. § 231.11 — WI Code / Chapter 231 / Section 231.11
State pledge.
Status: in_force

The state pledges to and agrees with the holders of any obligations issued under this chapter, and with those parties who may enter into contracts with the authority under this chapter, that the state will not limit or alter the rights vested in the authority by this chapter until such obligations, together with the interest thereon, are fully met and discharged and such contracts are fully performed on the part of the authority, but nothing shall preclude such a limitation or alteration if adequate provision is made by law for the protection of the holders of such obligations of the authority or those entering into such contracts with the authority.

History: 1973 c. 304 ; 1977 c. 29 .
Wis. Stat. § 628.51 — WI Code / Chapter 628 / Section 628.51
Controlled business.
Status: in_force

No intermediary may receive any compensation from an insurer for effecting insurance upon the intermediary’s property, life or other risk unless during the preceding 12 months the intermediary had effected other insurance with the same insurer with aggregate premiums exceeding the premiums on the intermediary’s risks.

History: 1975 c. 371 , 421 .
Wis. Stat. § 756.28 — WI Code / Chapter 756 / Section 756.28
Length of juror service; periods of required availability.
Status: in_force

(1) One day or one trial. The judges in any circuit may establish a system in which a person summoned under s. 756.05 may not be required to serve or attend court for prospective service as a petit juror for more than one day in a specified period, unless more days are necessary to complete service in a particular case. The specified period may not be less than 2 nor more than 4 years. In circuits where judges have established such a system, a petit juror whose deliberation ends with a verdict may not be required to participate in a 2nd trial even though the juror may not have completed the first day of juror service at the time of commencement of the 2nd trial.

(2) General 4-year eligibility. In a county where a system has not been established under sub. (1) , a person may be required to be available for service as a grand or petit juror only once in any 4-year period. The period for which any person may be required to be available for service may not exceed 31 consecutive days. No person may be required to serve, or attend court for prospective service, as a juror for a total of more than 5 days unless more days are necessary to complete service in a particular case.

History: 1991 a. 271 ; Sup. Ct. Order No. 95-11 , 206 Wis. 2d xiii (1996); Sup. Ct. Order No. 96-08 , 207 Wis. 2d xv (1997).
Wis. Stat. § 939.72 — WI Code / Chapter 939 / Section 939.72
No conviction of both inchoate and completed crime.
Status: in_force

A person shall not be convicted under both:

(1) Section 939.30 for solicitation and s. 939.05 as a party to a crime which is the objective of the solicitation; or

(2) Section 939.31 for conspiracy and s. 939.05 as a party to a crime which is the objective of the conspiracy; or

(3) Section 939.32 for attempt and the section defining the completed crime.

History: 1991 a. 153 ; 2001 a. 109 .
Wis. Stat. § 404.215 — WI Code / Chapter 404 / Section 404.215
Final payment of item by payer bank; when provisional debits and credits become final; when certain credits become available for withdrawal.
Status: in_force

(1) An item is finally paid by a payer bank when the bank has first done any of the following:

(a) Paid the item in cash.

(b) Settled for the item without having a right to revoke the settlement under statute, clearinghouse rule or agreement.

(c) Made a provisional settlement for the item and failed to revoke the settlement in the time and manner permitted by statute, clearinghouse rule or agreement.

(2) If provisional settlement for an item does not become final, the item is not finally paid.

(3) If provisional settlement for an item between the presenting and payer banks is made through a clearinghouse or by debits or credits in an account between them, then to the extent that provisional debits or credits for the item are entered in accounts between the presenting and payer banks or between the presenting and successive prior collecting banks in a series, they become final upon final payment of the item by the payer bank.

(4) If a collecting bank receives a settlement for an item which is or becomes final, the bank is accountable to its customer for the amount of the item and any provisional credit given for the item in an account with its customer becomes final.

(5) Subject to applicable law stating a time for availability of funds and to any right of the bank to apply the credit to an obligation of the customer, credit given by a bank for an item in a customer’s account becomes available for withdrawal as of right:

(a) If the bank has received a provisional settlement for the item, when the settlement becomes final and the bank has had a reasonable time to receive return of the item and the item has not been received within that time.

(b) If the bank is both the depositary bank and the payer bank and the item is finally paid, at the opening of the bank’s 2nd banking day following receipt of the item.

(6) Subject to applicable law stating a time for availability of funds and any right of a bank to apply a deposit to an obligation of the depositor, a deposit of money becomes available for withdrawal as of right at the opening of the bank’s next banking day after receipt of the deposit.

History: 1979 c. 110 s. 60 (8) ; 1985 a. 325 ; 1991 a. 304 s. 51 ; 1995 a. 336 s. 50 ; 1995 a. 449 ss. 55 to 58 , 62 ; Stats. 1995 s. 404.215.
Wis. Stat. § 938.222 — WI Code / Chapter 938 / Section 938.222
Contracts with private entities for juvenile detention facility services.
Status: in_force

(1) Uses of facilities. The county board of supervisors of a county may contract with a private entity that operates a juvenile detention facility for the use of the facility to hold juveniles who meet the criteria under s. 48.208 , 938.17 (1) , 938.183 (1m) (a) , or 938.208 or who are subject to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f) , a sanction under s. 938.355 (6) (d) 1. , or short-term detention under s. 938.355 (6d) or 938.534 (1) .

(2) Contract requirements.

(a) A contract under sub. (1) shall require all of the following:

1. That the private juvenile detention facility meet or exceed the minimum requirements for the approval and operation of a juvenile detention facility established by the department of corrections by rule under s. 938.22 (2) (a) and that the private juvenile detention facility be approved by the department under s. 301.36 .

2. That the private juvenile detention facility provide educational programming, health care, and other care that is equivalent to that which a juvenile would receive in a public juvenile detention facility.

(b) In addition to the requirements under par. (a) , a contract under sub. (1) shall include all of the following:

1. The rates to be paid by the county for holding a juvenile in the private juvenile detention facility and the charges to be paid by the county for any extraordinary medical and dental expenses and any programming provided for a juvenile who is held in the private juvenile detention facility.

2. An agreement that the county retains jurisdiction over a juvenile who is held in the private juvenile detention facility.

3. An agreement that the private juvenile detention facility is subject to investigation and inspection by the department of corrections under s. 301.36 .

4. Any other matters that are necessary and appropriate concerning the obligations, responsibilities, and rights of the contracting counties and the department of corrections.

History: 1997 a. 27 ; 2005 a. 344 ; 2007 a. 97 ; 2015 a. 55 .
Wis. Stat. § 951.097 — WI Code / Chapter 951 / Section 951.097
Harassment of service dogs.
Status: in_force

(1)

(a) Any person may provide notice to another person in any manner that the latter person’s behavior is interfering with the use of a service dog and may request that the latter person stop engaging in that behavior.

(b) No person, after receiving a notice and request under par. (a) regarding a service dog, may do any of the following:

1. Recklessly interfere with the use of the service dog by obstructing or intimidating it or otherwise jeopardizing its safety or the safety of its user.

2. Intentionally interfere with the use of the service dog by obstructing or intimidating it or otherwise jeopardizing its safety or the safety of its user.

(2)

(a) No person may recklessly allow his or her dog to interfere with the use of a service dog by obstructing or intimidating it or otherwise jeopardizing its safety or the safety of its user.

(b) No person may intentionally allow his or her dog to interfere with the use of a service dog by obstructing or intimidating it or otherwise jeopardizing its safety or the safety of its user.

(3)

(a) No person may recklessly injure a service dog or recklessly allow his or her dog to injure a service dog.

(b) No person may intentionally injure a service dog or intentionally allow his or her dog to injure a service dog.

(4)

(a) No person may recklessly cause the death of a service dog.

(b) No person may intentionally cause the death of a service dog.

(5) No person may take possession of or exert control over a service dog without the consent of its owner or user and with the intent to deprive another of the use of the service dog.

History: 2005 a. 353 .
Wis. Stat. § 411.220 — WI Code / Chapter 411 / Section 411.220
Effect of default on risk of loss.
Status: in_force

(1) If risk of loss is to pass to the lessee and the time of passage is not stated, all of the following apply:

(a) If a tender or delivery of goods so fails to conform to the lease contract as to give a right of rejection, the risk of their loss remains with the lessor, or, in the case of a finance lease, the supplier, until cure or acceptance.

(b) If the lessee rightfully revokes acceptance, the lessee, to the extent of any deficiency in his or her effective insurance coverage, may treat the risk of loss as having remained with the lessor from the beginning.

(2) Whether or not risk of loss is to pass to the lessee, if the lessee as to conforming goods already identified to a lease contract repudiates or is otherwise in default under the lease contract, the lessor, or, in the case of a finance lease, the supplier, to the extent of any deficiency in his or her effective insurance coverage may treat the risk of loss as resting on the lessee for a commercially reasonable time.

History: 1991 a. 148 .