FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 403.504 — WI Code / Chapter 403 / Section 403.504
Excused presentment and notice of dishonor.
Status: in_force

(1) Presentment for payment or acceptance of an instrument is excused if any of the following conditions exists:

(a) The person entitled to present the instrument cannot with reasonable diligence make presentment.

(b) The maker or acceptor has repudiated an obligation to pay the instrument or is dead or in insolvency proceedings.

(c) By the terms of the instrument, presentment is not necessary to enforce the obligation of endorsers or the drawer.

(d) The drawer or endorser whose obligation is being enforced has waived presentment or otherwise has no reason to expect or right to require that the instrument be paid or accepted.

(e) The drawer instructed the drawee not to pay or accept the draft or the drawee was not obligated to the drawer to pay the draft.

(2) Notice of dishonor is excused if, by the terms of the instrument, notice of dishonor is not necessary to enforce the obligation of a party to pay the instrument or if the party whose obligation is being enforced waived notice of dishonor. A waiver of presentment is also a waiver of notice of dishonor.

(3) Delay in giving notice of dishonor is excused if the delay was caused by circumstances beyond the control of the person giving the notice and the person giving the notice exercised reasonable diligence after the cause of the delay ceased to operate.

History: 1995 a. 449 .
Wis. Stat. § 85.05 — WI Code / Chapter 85 / Section 85.05
Evaluation of proposed major highway projects.
Status: in_force

The department by rule shall establish a procedure for numerically evaluating projects considered for enumeration under s. 84.013 (3) as a major highway project. The evaluation procedure may include any criteria that the department considers relevant. The rules shall establish a minimum score that a project shall meet or exceed when evaluated under the procedure established under this section before the department may recommend the project to the transportation projects commission for consideration under s. 13.489 (4) . This section does not apply to major highway projects identified in s. 84.013 (3) (ad) .

History: 1997 a. 86 ; 1999 a. 9 ; 2011 a. 32 .
Wis. Stat. § 28.045 — WI Code / Chapter 28 / Section 28.045
Educational requirements for field foresters.
Status: in_force

(1) Every person hired as a field forester by the department on or after November 20, 2003, shall have received a bachelor’s or higher degree in forestry from a school of forestry with a curriculum accredited by the Society of American Foresters or an equivalent degree, as determined by the chief state forester.

(2) Notwithstanding s. 230.14 (3m) , the department may require as a condition of application that an applicant for the position of field forester has met the educational requirements specified under sub. (1) .

History: 2003 a. 66 .
Wis. Stat. § 350.107 — WI Code / Chapter 350 / Section 350.107
Officer’s action after arrest for operating a snowmobile while under influence of intoxicant.
Status: in_force

A person arrested for a violation of s. 350.101 (1) (a) or (b) or a local ordinance in conformity therewith or s. 350.101 (2) (a) or (b) may not be released until 12 hours have elapsed from the time of his or her arrest or unless a chemical test administered under s. 350.104 (1) (a) shows that the person has an alcohol concentration of 0.05 or less, but the person may be released to his or her attorney, spouse, relative or other responsible adult at any time after arrest.

History: 1987 a. 399 ; 1995 a. 436 .
Wis. Stat. § 424.601 — WI Code / Chapter 424 / Section 424.601
Cooperation between administrator and commissioner of insurance.
Status: in_force

The administrator and the commissioner of insurance shall consult and assist one another in maintaining compliance with this chapter. They may jointly or severally pursue investigations, prosecute suits and take other official action, as may seem to them appropriate, if either of them is otherwise empowered to take the action. If the administrator is informed of a violation or suspected violation by an insurer of this chapter, or of chs. 600 to 646 , rules and regulations of this state, the administrator shall advise the commissioner of insurance of the circumstances, and the commissioner of insurance may act under the laws of this state.

History: 1971 c. 239 ; 1973 c. 3 ; 1977 c. 339 s. 43 ; 1979 c. 89 ; 1985 a. 256 s. 14 ; Stats. 1985 s. 424.601.
Wis. Stat. § 74.07 — WI Code / Chapter 74 / Section 74.07
Treasurers responsible for collection.
Status: in_force

The taxation district treasurer and the county treasurer shall collect the general property taxes, special assessments, special taxes and special charges shown in the tax roll.

History: 1987 a. 378 .
Wis. Stat. § 342.03 — WI Code / Chapter 342 / Section 342.03
Motor vehicle, trailer or semitrailer leases.
Status: in_force

Notwithstanding s. 401.201 (2) (t) or ch. 409 , a transaction involving a motor vehicle, trailer or semitrailer does not create a conditional sale or a security interest merely because it includes a provision that permits or requires the rental price to be adjusted under the agreement by reference to the amount realized upon the sale or other disposition of the motor vehicle, trailer or semitrailer.

History: 1991 a. 148 ; 2009 a. 320 .
Wis. Stat. § 815.20 — WI Code / Chapter 815 / Section 815.20
Homestead exemption definition.
Status: in_force

(1) An exempt homestead as defined in s. 990.01 (14) selected by a resident owner and occupied by him or her shall be exempt from execution, from the lien of every judgment, and from liability for the debts of the owner to the amount of $75,000, except mortgages, laborers’, mechanics’, and purchase money liens and taxes and except as otherwise provided. The exemption shall not be impaired by temporary removal with the intention to reoccupy the premises as a homestead nor by the sale of the homestead, but shall extend to the proceeds derived from the sale to an amount not exceeding $75,000, while held, with the intention to procure another homestead with the proceeds, for 2 years. The exemption extends to land owned by husband and wife jointly or in common or as marital property, and each spouse may claim a homestead exemption of not more than $75,000. The exemption extends to the interest therein of tenants in common, having a homestead thereon with the consent of the cotenants, and to any estate less than a fee.

(2) Any owner of an exempt homestead against whom a judgment has been rendered and entered in the judgment and lien docket, and any heir, devisee, or grantee of the owner, or any mortgagee of the homestead, may proceed under s. 806.04 for declaratory relief if the homestead is less than $75,000 in value and the owner of the judgment shall fail, for 10 days after demand, to execute a recordable release of the homestead from the judgment owner’s judgment lien.

History: 1973 c. 168 ; Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 815.20; 1983 a. 186 ; 1985 a. 153 ; 1993 a. 486 ; 1995 a. 224 ; 2009 a. 80 .
Wis. Stat. § 222.0407 — WI Code / Chapter 222 / Section 222.0407
Universal bank purchase of its own stock.
Status: in_force

(1) In general. A universal bank may hold or purchase not more than 10 percent of its capital stock, notes, or debentures, except as provided in sub. (2) or (3) .

(2) Division approval. A universal bank may hold or purchase more than 10 percent of its capital stock, notes, or debentures, if approved by the division.

(3) Additional authority. A universal bank may hold or purchase more than 10 percent of its capital stock, notes, or debentures if the purchase is necessary to prevent loss upon a debt previously contracted in good faith. Stock, notes, or debentures held or purchased under this subsection may not be held by the universal bank for more than 6 months if the stock, notes, or debentures can be sold for the amount of the claim of the universal bank against the holder of the debt previously contracted. The universal bank shall either sell the stock, notes, or debentures within 12 months of acquisition under this subsection or shall cancel the stock, notes, or debentures. Cancellation of the stock, notes, or debentures reduces the amount of the universal bank’s capital stock, notes, or debentures. If the reduction reduces the universal bank’s capital below the minimum level required by the division, the universal bank shall increase its capital to the amount required by the division.

(4) Loans secured by capital, surplus, or deposits. A universal bank may not loan any part of its capital, surplus, or deposits on its own capital stock, notes, or debentures as collateral security, except that a universal bank may make a loan secured by its own capital stock, notes, or debentures to the same extent that the universal bank may make a loan secured by the capital stock, notes, and debentures of a holding company for the universal bank.

History: 2003 a. 63 .
Wis. Stat. § 877.28 — WI Code / Chapter 877 / Section 877.28
Limit of liability.
Status: in_force

When part of the plaintiff’s debt has been collected, the plaintiff may recover only the residue remaining unpaid. When the action is against the devisees and legatees, the plaintiff may recover only that part of the debt that is not recoverable from the heirs.

History: 1979 c. 32 s. 55 ; 1979 c. 176 ; Stats. 1979 s. 777.28; 2001 a. 102 s. 118 ; Stats. 2001 s. 877.28.
Wis. Stat. § 85.022 — WI Code / Chapter 85 / Section 85.022
Multimodal transportation studies.
Status: in_force

(1) The department shall administer a program to study multimodal transportation. The department may make grants or pay contract costs from the appropriations under s. 20.395 (2) (hq) and (hx) for multimodal transportation studies and preliminary engineering of public transportation projects. The department may provide grants or contract with any person under this section to study interurban and intraurban area multimodal transportation, including an analysis of the potential impact of a transportation facility on local and statewide economic development. A study may consider any of the following:

(a) Present and future transit ridership.

(b) Existing railroad and other transportation right-of-way and potential right-of-way availability.

(c) The capacity of alternative transit facilities.

(d) Parking availability.

(e) Plans for completing transit projects.

(f) The creation of a regional operating authority.

(g) Analysis of alternative means of financing, including public and private cost-sharing.

(h) Coordination of rail passenger services with existing publicly operated mass transit systems.

(i) Technologies, costs, benefits and projected ridership of conventional rail passenger service, or of high-speed rail service.

(j) Express bus service.

(k) Commuter rail service.

(L) Travel data.

(m) Urban rail transit systems.

(2)

(a) The department shall study high-speed rail service in the southern transportation corridor between this state and the state of Minnesota.

(b)

1. Except as provided in subd. 2. , funds may be expended under par. (a) only to match funds, at the ratio of 1 to 1, from the state of Minnesota for the study.

2. No funds may be expended under par. (a) unless the federal government contributes funds for a study under par. (a) in an amount equal to the total amount of funds from this state and the state of Minnesota for the study.

(3) A recipient of funding under this section shall make the results of its study available to any interested city, village, town or county.

History: 1989 a. 31 ; 1991 a. 39 ; 1993 a. 16 , 246 ; 1995 a. 113 ; 2005 a. 25 ; 2009 a. 28 .
Wis. Stat. § 405.111 — WI Code / Chapter 405 / Section 405.111
Remedies.
Status: in_force

(1) If an issuer wrongfully dishonors or repudiates its obligation to pay money under a letter of credit before presentation, the beneficiary, successor, or nominated person presenting on its own behalf may recover from the issuer the amount that is the subject of the dishonor or repudiation. If the issuer’s obligation under the letter of credit is not for the payment of money, the claimant may obtain specific performance or, at the claimant’s election, recover an amount equal to the value of performance from the issuer. In either case, the claimant may also recover incidental but not consequential damages. The claimant is not obligated to take action to avoid damages that might be due from the issuer under this subsection. If, although not obligated to do so, the claimant avoids damages, the claimant’s recovery from the issuer must be reduced by the amount of damages avoided. The issuer has the burden of proving the amount of damages avoided. In the case of repudiation the claimant need not present any document.

(2) If an issuer wrongfully dishonors a draft or demand presented under a letter of credit or honors a draft or demand in breach of its obligation to the applicant, the applicant may recover damages resulting from the breach, including incidental but not consequential damages, less any amount saved as a result of the breach.

(3) If an adviser or nominated person other than a confirmer breaches an obligation under this chapter or an issuer breaches an obligation not covered in sub. (1) or (2) , a person to whom the obligation is owed may recover damages resulting from the breach, including incidental but not consequential damages, less any amount saved as a result of the breach. To the extent of the confirmation, a confirmer has the liability of an issuer specified in this subsection and subs. (1) and (2) .

(4) An issuer, nominated person, or adviser who is found liable under sub. (1) , (2) , or (3) shall pay interest on the amount owed thereunder from the date of wrongful dishonor or other appropriate date.

(5) Reasonable attorney’s fees and other expenses of litigation shall be awarded to the prevailing party in an action in which a remedy is sought under this chapter.

(6) Damages that would otherwise be payable by a party for breach of an obligation under this chapter may be liquidated by agreement or undertaking, but only in an amount or by a formula that is reasonable in light of the harm anticipated.

History: 2005 a. 213 .
Wis. Stat. § 214.435 — WI Code / Chapter 214 / Section 214.435
Dividends.
Status: in_force

(1) Subject to the restrictions in this section and the savings bank’s bylaws, the board of directors from time to time may declare dividends on stock.

(2) The board of directors may not declare dividends if the total capital of the savings bank is less than that required under s. 214.43 .

(3) The board of directors may quarterly, semiannually or annually declare a dividend on capital stock of so much of the net profits of the savings bank that the board determines to be expedient, except that until the paid-in surplus of the savings bank equals its capital stock, a dividend may not be declared unless there has been transferred to paid-in surplus not less than 10 percent of the net profits of the preceding half year in the case of quarterly or semiannual dividends, or not less than 10 percent of the net profits for the preceding year in the case of annual dividends. A stock dividend may be declared out of retained earnings with the written approval of the division.

(4) The written approval of the division is required before any dividends on stock that exceed 50 percent of the savings bank’s net profits of that year may be declared in any calendar year.

History: 1991 a. 221 ; 1995 a. 27 .
Wis. Stat. § 126.25 — WI Code / Chapter 126 / Section 126.25
Definitions.
Status: in_force

In this subchapter:

(1) “Capacity” means the maximum amount of grain, measured in bushels, that can be stored in a grain warehouse. The capacity of a grain warehouse is determined by dividing the cubic volume of all bins, expressed in cubic feet, by 1.244 cubic feet per bushel, and applying a pack factor that the department specifies by rule.

(2) “Contributing grain warehouse keeper” means a grain warehouse keeper who is licensed under s. 126.26 , who either has paid one or more quarterly installments under s. 126.30 (6) or is required to contribute to the fund, but the first quarterly installment under s. 126.30 (6) is not yet due, and who is not disqualified under s. 126.29 (2) .

(3) “Current ratio” means the ratio of the value of current assets to the value of current liabilities, calculated according to s. 126.28 (6) (c) 1.

(4) “Debt to equity ratio” means the ratio of the value of liabilities to equity, calculated according to s. 126.28 (6) (c) 2.

(5) “Depositor” means any of the following:

(a) A person who delivers grain to a grain warehouse keeper for storage, conditioning, shipping, or handling, without transferring ownership to the warehouse keeper.

(b) A person who owns or legally holds a warehouse receipt or other document that is issued by a grain warehouse keeper and that entitles the person to receive stored grain.

(6) “Disqualified grain warehouse keeper” means a grain warehouse keeper who is disqualified from the fund under s. 126.29 (2) .

(8) “Grain warehouse” means a facility in this state that is used to receive, store, or condition grain for others or that is used in the shipment of grain for others, except that “grain warehouse” does not include a transport vehicle.

(9) “Grain warehouse keeper” means a person who operates one or more grain warehouses in this state to receive, store, condition, or ship grain for others, except that “grain warehouse keeper” does not include a person licensed under the United States Warehouse Act, 7 USC 241 to 271 .

(9m) “License year” means the period beginning on September 1 and ending on the following August 31.

(11) “Warehouse receipt” means a receipt for grain, issued by a grain warehouse keeper, that is also a document of title under s. 401.201 (2) (i) .

History: 2001 a. 16 ; 2009 a. 320 .
Wis. Stat. § 90.14 — WI Code / Chapter 90 / Section 90.14
Fence on town line.
Status: in_force

In all cases where the line upon which a partition fence is to be made or to be divided is the boundary line between towns or partly in one town and partly in another a fence viewer shall be taken from each town; and divisions of such fences by them or by agreement of the parties shall be recorded in the office of the clerk of each town.
Wis. Stat. § 616.60 — WI Code / Chapter 616 / Section 616.60
Record-keeping requirements.
Status: in_force

(1)

(a) A provider shall keep accurate accounts, books, and records concerning transactions regulated under this subchapter.

(b) A provider’s accounts, books, and records shall include all of the following:

1. Copies of each type of service contract sold.

2. The name and address of each service contract holder that has furnished such information to the provider.

3. A list of the locations where service contracts are marketed, sold, or offered for sale in this state.

4. Written claims files that shall contain at least the dates, descriptions, and amounts paid or denied for claims related to the service contracts.

5. The effective date, expiration date, name of the seller, and provider fee paid for each service contract sold in this state.

(c) Except as provided in sub. (2) , a provider shall retain all records required to be maintained under this subsection for a service contract for at least one year after the period of coverage specified in the contract has expired.

(d) The records required under this subsection may be, but are not required to be, maintained on a computer disk or other record-keeping technology. If the records are maintained in other than hard copy, the records shall be capable of duplication to electronic copy or legible hard copy at the request of the commissioner.

(2) A provider discontinuing business in this state shall maintain its records until it furnishes the commissioner satisfactory proof that it has discharged all obligations to service contract holders in this state.

History: 2011 a. 226 .
Wis. Stat. § 893.76 — WI Code / Chapter 893 / Section 893.76
Order to repair or remove building or restore site; contesting.
Status: in_force

An application under s. 66.0413 (1) (h) to a circuit court for an order restraining the inspector of buildings or other designated officer from razing and removing a building or part of a building and restoring a site to a dust-free and erosion-free condition shall be made within 30 days after service of the order issued under s. 66.0413 (1) (b) or be barred.

History: 1979 c. 323 ; 1989 a. 347 ; 1991 a. 189 ; 1993 a. 213 ; 1999 a. 150 .
Wis. Stat. § 992.14 — WI Code / Chapter 992 / Section 992.14
Revenue limit agreement.
Status: in_force

Notwithstanding s. 121.91 , if a school district held a referendum before February 5, 2001, to exceed its revenue limit under s. 121.91 (2m) , and the resolution adopted by the school board and referred to in the question submitted to the electors specified a mill rate to be used to calculate the revenue limit increase, the amount by which the school district’s revenue limit is increased as a result of the referendum for each year specified in the referendum is the dollar amount agreed to by the department of public instruction and the school board of that school district.

History: 2001 a. 16 ; 2009 a. 28 .
Wis. Stat. § 181.1022 — WI Code / Chapter 181 / Section 181.1022
Class voting by members on amendments of bylaws.
Status: in_force

(1) When class entitled to vote. The members of a class in a corporation are entitled to vote as a class on a proposed amendment to the bylaws if the amendment does any of the following:

(a) Affects the rights, privileges, preferences, restrictions or conditions of that class as to voting, dissolution, redemption or transfer of memberships in a manner different than such amendment would affect another class.

(b) Changes the rights, privileges, preferences, restrictions or conditions of that class as to voting, dissolution, redemption or transfer by changing the rights, privileges, preferences, restrictions or conditions of another class.

(c) Increases or decreases the number of memberships authorized for that class.

(e) Effects an exchange, reclassification or termination of all or part of the memberships of that class.

(2) Approval by each class required. If a class is to be divided into 2 or more classes as a result of an amendment to the bylaws, the amendment must be approved by the members of each class that would be created by the amendment.

(3) Voting requirements. Unless otherwise provided in the articles of incorporation or bylaws, if a class vote is required to approve an amendment to the bylaws, the amendment must be approved by the members of the class by two-thirds of the votes cast by the class or a majority of the voting power of the class, whichever is less.

History: 1997 a. 79 .
Wis. Stat. § 160.03 — WI Code / Chapter 160 / Section 160.03
Duties of department.
Status: in_force

The department shall exercise both the responsibilities assigned specifically to it under this chapter as well as those assigned generally to the department as a regulatory agency.

History: 1983 a. 410 .
Wis. Stat. § 449.03 — WI Code / Chapter 449 / Section 449.03
Enforcement.
Status: in_force

(1) No rule made by the examining board shall expand the practice of optometry or affect the practice of dispensing opticians, nor shall the examining board enact rules which forbid the employment of an optometrist or declare such employment unprofessional conduct, or prohibit the operation of an optometric department by optometrists in a mercantile establishment.

(2) The chairperson or the secretary of the examining board shall cause actions to be instituted for violations of this chapter. The district attorney of the county in which the offense has been committed shall promptly prosecute upon being informed thereof from any source.

History: 1979 c. 162 s. 38 (10) ; 2005 a. 297 ; 2011 a. 257 s. 55 .
Wis. Stat. § 115.898 — WI Code / Chapter 115 / Section 115.898
Rule making.
Status: in_force

Section 227.16 (2) (b) does not apply to a proposed rule if the proposed rule brings ch. PI 11 , Wis. Adm. Code, into conformity with 1997 Wisconsin Act 164 .

History: 1997 a. 164 .