FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 54.18 — WI Code / Chapter 54 / Section 54.18
General duties and powers of guardian; limitations; immunity.
Status: in_force

(1) A ward retains all his or her rights that are not assigned to the guardian or otherwise limited by statute. A guardian acting on behalf of a ward may exercise only those powers that the guardian is authorized to exercise by statute or court order. A guardian may be granted only those powers necessary to provide for the personal needs or property management of the ward in a manner that is appropriate to the ward and that constitutes the least restrictive form of intervention.

(2) A guardian shall do all of the following:

(a) Exercise the degree of care, diligence, and good faith when acting on behalf of a ward that an ordinarily prudent person exercises in his or her own affairs.

(b) Advocate for the ward’s best interests, including, if the ward is protectively placed under ch. 55 and if applicable, advocating for the ward’s applicable rights under ss. 50.09 and 51.61 .

(c) Exhibit the utmost degree of trustworthiness, loyalty, and fidelity in relation to the ward.

(d) Notify the court of any change of address of the guardian or ward.

(3) No guardian may do any of the following:

(a) Lend funds of the ward to himself or herself.

(b) Lend funds of the ward to another individual or to an entity, unless the court first approves the terms, rate of interest, and any requirement for security.

(c) Purchase property of the ward, except at fair market value, subject to ch. 786 , and with the approval of the court.

(4) A guardian of the person or of the estate is immune from civil liability for his or her acts or omissions in performing the duties of the guardianship if he or she performs the duties in good faith, in the best interests of the ward, and with the degree of diligence and prudence that an ordinarily prudent person exercises in his or her own affairs.

History: 2005 a. 387 ss. 100 , 397 , 401 , 516 .
Wis. Stat. § 456.01 — WI Code / Chapter 456 / Section 456.01
Definitions.
Status: in_force

In this chapter:

(1) “Examining board” means the nursing home administrator examining board.

(2) “Nursing home” has the meaning provided in s. 50.01 (3) , plus includes all public medical institutions under ss. 49.70 , 49.71 and 49.72 .

(3) “Nursing home administrator” means any individual responsible for planning, organizing, directing and controlling the operation of a nursing home, or who in fact performs such functions, whether or not such functions are shared by one or more other persons.

(4) “Practice of nursing home administration” means the planning, organizing, directing and control of the operation of a nursing home.

(5) “Provisional license” is a temporary license issued to a provisional nursing home administrator under this chapter.

(6) “Provisional nursing home administrator” means an individual who has been licensed as such under this chapter.

History: 1975 c. 413 s. 18 ; 1979 c. 32 s. 92 (1) ; 1979 c. 124 ; 1983 a. 189 ; 1995 a. 27 .
Wis. Stat. § 196.642 — WI Code / Chapter 196 / Section 196.642
Customer liability for treble damages.
Status: in_force

(1) In an action to collect the outstanding balance on a customer’s account, a court may award a public utility furnishing gas or electricity 3 times the amount of that portion of the outstanding balance incurred after October 31 and before April 16 if all of the following conditions are met:

(a) The customer’s payment on any portion of the outstanding balance incurred after October 31 and before April 16 is 80 or more days past due.

(b) The customer’s quarterly household income exceeds 250 percent of the income poverty guidelines for the nonfarm population of the United States as prescribed by the federal office of management and budget under 42 USC 9902 (2) during a calendar year quarter in which any portion of the outstanding balance incurred after October 31 and before April 16 is billed.

(c) The customer exhibited an ability to pay the portion of the outstanding balance incurred after October 31 and before April 16 when billed.

(d) The public utility includes with the first billing statement for any portion of an outstanding balance incurred after October 31 and before April 16 a written notice informing the customer that a court may award the public utility 3 times the amount of that portion of the outstanding balance incurred after October 31 and before April 16 if the customer’s payment on any portion of that amount is 80 or more days past due, the customer exhibited an ability to pay that amount and the customer’s household income exceeds a threshold level.

(2) The finder of fact shall consider all of the following factors to determine if a customer exhibited an ability to pay:

(a) Size of the outstanding balance.

(b) Customer’s payment history.

(c) Period of time the balance is past due.

(d) Customer’s reasons for the outstanding balance.

(e) Customer’s household size, income and expenses.

(3) The finder of fact may consider other relevant factors concerning a customer’s circumstances to determine if a customer exhibited an ability to pay.

(4) Nothing in this section prevents a public utility in an action to collect the outstanding balance on a customer’s account from seeking damages other than damages that meet the conditions under sub. (1) , but the treble damages provision applies only to damages that meet the conditions under sub. (1) .

History: 1989 a. 40 .
Wis. Stat. § 63.13 — WI Code / Chapter 63 / Section 63.13
Certification of payrolls.
Status: in_force

No payment for personal services of any officer or employee in the classified service of any county wherein ss. 63.01 to 63.16 are applicable shall be made by any county officer unless the commission has certified that the officer or employee claiming such payment is holding a position legally under the provisions of said ss. 63.01 to 63.16 and the rules of the commission. Such certification shall be required on each and every payroll for each and every office and position in the county service, which is subject to the provisions of said ss. 63.01 to 63.16 . County officers making payments in violation of this section shall be liable for the full amount thus paid and shall be deemed guilty of a violation of the provisions of said ss. 63.01 to 63.16 , and subject to the penalties provided in s. 63.17 .

History: 1991 a. 316 .
Wis. Stat. § 450.145 — WI Code / Chapter 450 / Section 450.145
Reporting potential causes of public health emergency.
Status: in_force

(1) Within 24 hours after an occurrence of any of the following, a pharmacist or pharmacy shall report the occurrence electronically, by fax machine, by telephone, or in writing to a local health department, as defined in s. 250.01 (4) , or the department of health services:

(a) An unusual increase in the number of prescriptions dispensed or nonprescription drug products sold by the pharmacist or pharmacy for the treatment of medical conditions specified by the department of health services by rule under s. 252.02 (7) .

(b) An unusual increase in the number of prescriptions dispensed by the pharmacist or pharmacy that are antibiotic drugs.

(c) The dispensing of a prescription by the pharmacist or pharmacy for treatment of a disease that is relatively uncommon or may be associated with bioterrorism, as defined in s. 323.02 (4) .

(1m) Except as provided in sub. (2) , a pharmacist or pharmacy may not report personally identifying information concerning an individual who is dispensed a prescription or who purchases a nonprescription drug product as specified in sub. (1) (a) , (b) , or (c) .

(2) In submitting a report under sub. (1) , a pharmacist or pharmacy shall include personally identifying information other than a social security number concerning an individual who is dispensed a prescription or who purchases a nonprescription drug product as specified in sub. (1) (a) , (b) , or (c) .

History: 2005 a. 198 ss. 18 to 21 ; 2007 a. 20 s. 9121 (6) (a) ; 2007 a. 97 s. 183 ; 2009 a. 42 .
Wis. Stat. § 218.166 — WI Code / Chapter 218 / Section 218.166
Coercion.
Status: in_force

(1) In this section, “coerce” includes threatening to terminate, cancel, or not renew a dealer agreement without good cause or threatening to withhold product lines or delay product delivery as an inducement to amending the dealer agreement.

(2) A manufacturer or distributor may not coerce or attempt to coerce a dealer to do any of the following:

(a) Purchase a product that the dealer did not order.

(b) Enter into an agreement with the manufacturer or distributor.

(c) Take any action that is unfair or unreasonable to the dealer.

(d) Enter into an agreement that requires the dealer to submit its disputes to binding arbitration or otherwise waive rights or responsibilities provided under this subchapter.

(e) Forego exercising a right authorized by a dealer agreement or any law governing the manufacturer-dealer relationship.

(3) A dealer bears the burden of proof regarding the prohibited acts described in sub. (2) .

History: 2023 a. 164 .
Wis. Stat. § 177.0601 — WI Code / Chapter 177 / Section 177.0601
Definition of good faith.
Status: in_force

In this subchapter, payment or delivery of property is made in good faith if any of the following applies:

(1) The holder had a reasonable basis for believing, based on the facts then known, that the property was required or permitted to be paid or delivered to the administrator under this chapter.

(2) The holder made payment or delivery in response to a demand by the administrator or administrator’s agent or under guidance or a ruling issued by the administrator that the holder reasonably believed required or permitted the property to be paid or delivered.

History: 2021 a. 87 .
Wis. Stat. § 25.31 — WI Code / Chapter 25 / Section 25.31
Benevolent fund.
Status: in_force

The benevolent fund, amounting to the principal sum of $13,500, transferred to the state by chapter 636, laws of 1917 , constitutes a separate trust fund and shall be conserved and applied as follows:

(1) First: The principal of said trust fund shall be held by the secretary of administration, and be invested and reinvested as provided in this chapter.

(2) Second: The income of said trust fund shall be used and expended exclusively for the benefit of girls committed to the Wisconsin School for Girls, or such other institutions as the state may hereafter establish and maintain for the care, custody and education of girls of the classes now or hereafter authorized by law to be committed to said institution, in providing healthful and instructive recreation and amusements, furnishing advance educational facilities for such of them as show special fitness therefor, providing needed medical or surgical care in exceptional cases, and other similar purposes; but no part of said income shall be used for defraying any of the ordinary expenses of any such institution.

(3) Third: The income shall be disbursed from the state treasury only upon warrants issued on certifications by the department of corrections upon the recommendation of the superintendent or other managing officer of such school or other institution.

History: 1981 c. 390 s. 252 ; 1985 a. 135 ; 1989 a. 31 , 107 ; 1995 a. 27 ; 2003 a. 33 .
Wis. Stat. § 29.045 — WI Code / Chapter 29 / Section 29.045
Interstate license privileges.
Status: in_force

(1) Fishing privileges. If the state of Michigan, Minnesota or Iowa confers upon the fishing licensees of this state reciprocal rights, privileges and immunities, a fishing license issued by the other state entitles the licensee to the rights, privileges and immunities, in and upon the boundary waters between the states, of the holder of an equivalent license issued by this state, but subject to the duties, responsibilities and liabilities imposed on its own licensees by this state.

(2) Commercial clamming privileges. If the state of Michigan, Minnesota or Iowa confers upon the commercial clamming licensees of this state reciprocal rights, privileges and immunities, any commercial clamming license issued by the other state entitles the licensee to the rights, privileges and immunities, in and upon the boundary waters between Michigan, Minnesota and Iowa and this state, of the holder of an equivalent license issued by this state, but subject to the duties, responsibilities and liabilities imposed on licensees by this state.

History: 1985 a. 289 ; 1997 a. 248 s. 377 ; Stats. 1997 s. 29.045.
Wis. Stat. § 181.0874 — WI Code / Chapter 181 / Section 181.0874
Allowance of expenses as incurred.
Status: in_force

Upon written request by a director or officer who is a party to a proceeding, a corporation may pay or reimburse his or her reasonable expenses as incurred if the director or officer provides the corporation with all of the following:

(1) Written affirmation. A written affirmation of his or her good faith belief that he or she has not breached or failed to perform his or her duties to the corporation.

(2) Repayment undertaking. A written undertaking, executed personally or on his or her behalf, to repay the allowance and, if required by the corporation, to pay reasonable interest on the allowance to the extent that it is ultimately determined under s. 181.0873 that indemnification under s. 181.0872 (2) is not required and that indemnification is not ordered by a court under s. 181.0879 (2) (b) . The undertaking under this subsection shall be an unlimited general obligation of the director or officer and may be accepted without reference to his or her ability to repay the allowance. The undertaking may be secured or unsecured.

History: 1997 a. 79 .
Wis. Stat. § 285.72 — WI Code / Chapter 285 / Section 285.72
Air quality monitoring stations.
Status: in_force

(1) From the appropriation under s. 20.370 (4) (cv) , the department shall fund the construction, operation, and maintenance of an air quality monitoring station in a county identified in its entirety as a nonattainment area for the 2008 8-hour national ambient air quality standard for ozone under 40 CFR 50.15 for the purpose of assessing ozone concentrations. The department may designate the monitoring station as a special purpose monitor under 40 CFR 58.20 .

(2) From the appropriation under s. 20.370 (4) (cv) , the department shall fund the operation and maintenance of an air quality monitoring station in a county where a sulfur dioxide monitor has been in place for 3 years as a result of sulfur dioxide monitoring requirements under 40 CFR part 51 and the data requirement rule for the 2010 one-hour sulfur dioxide primary national ambient air quality standard published in the federal register on August 21, 2015. The department may designate the monitoring station as a special purpose monitor under 40 CFR 58.20 .

(3)

(a) The department may not include the air monitoring site located at Kohler-Andrae State Park in Sheboygan County in the state’s initial monitoring network plan required under 40 CFR 58.10 .

(b) The department shall request a waiver of the relevant provisions of the federal Clean Air Act relating to the state implementation plan, as required under 42 USC 7410 , that may be implicated by discontinuing the use of the air monitoring site located at Kohler-Andrae State Park in Sheboygan County.

(c) If the federal environmental protection agency does not approve the initial plan submitted by the department under par. (a) , the department may submit a revised plan that includes the air monitoring site located at Kohler-Andrae State Park in Sheboygan County.

History: 2013 a. 20 ; 2017 a. 59 , 159 .
Wis. Stat. § 183.1002 — WI Code / Chapter 183 / Section 183.1002
Relationship of this subchapter to other laws.
Status: in_force

(1) This subchapter does not authorize an act prohibited by, and does not affect the application or requirements of, law other than this subchapter.

(2) A transaction effected under this chapter may not create or impair a right, duty, or obligation of a person under the law of this state, other than this subchapter, relating to a change in control, takeover, business combination, control-share acquisition, or similar transaction involving a domestic constituent, acquired, or converting entity.

History: 2021 a. 258 .
Wis. Stat. § 562.12 — WI Code / Chapter 562 / Section 562.12
Prohibited race activities.
Status: in_force

No person may:

(1) Race an animal under a name other than its registered name or out of the animal’s proper class, as determined by the department by rule.

(2) Accept anything of value to alter or attempt to alter the outcome of a race.

(3) Bribe or extort, or attempt to bribe or extort, any member, employee or agent of the department or any other person having charge of or access to an animal on a racetrack.

History: 1987 a. 354 ; 1991 a. 269 ; 1995 a. 27 s. 9123 (6pp) ; 1997 a. 27 .
Wis. Stat. § 77.67 — WI Code / Chapter 77 / Section 77.67
Amnesty for new registrants.
Status: in_force

(1) A seller is not liable for uncollected and unpaid taxes, including penalties and interest, imposed under this subchapter and subch. V on sales made to purchasers in this state before the seller registers under par. (a) , if all of the following apply:

(a) The seller registers with the department, in a manner that the department prescribes, to collect and remit the taxes imposed under this subchapter and subch. V on sales to purchasers in this state in accordance with the agreement, as defined in s. 77.65 (2) (a) .

(b) The seller registers under par. (a) no later than 365 days after the effective date of this state’s participation in the agreement under s. 77.65 (2) (a) , as determined by the department.

(c) The seller was not registered to collect and remit the taxes imposed under this subchapter and subch. V during the 365 consecutive days immediately before the effective date of this state’s participation in the agreement under s. 77.65 (2) (a) , as determined by the department.

(d) The seller has not received a notice of the commencement of an audit from the department or, if the seller has received a notice of the commencement of an audit from the department, the audit has been fully resolved, including any related administrative and judicial processes, at the time that the seller registers under par. (a) .

(e) The seller has not committed or been involved in a fraud or an intentional misrepresentation of a material fact.

(f) The seller collects and remits the taxes imposed under this subchapter and subch. V on sales to purchasers in this state for at least 3 consecutive years after the date on which the seller’s collection obligation begins.

(2) Subsection (1) does not apply to taxes imposed under this subchapter and subch. V that are due from the seller for purchases made by the seller.

History: 2009 a. 2 .
Wis. Stat. § 704.44 — WI Code / Chapter 704 / Section 704.44
Residential rental agreement that contains certain provisions is void.
Status: in_force

Notwithstanding s. 704.02 , a residential rental agreement is void and unenforceable if it does any of the following:

(1m) Allows a landlord to do any of the following because a tenant has contacted an entity for law enforcement services, health services, or safety services:

(a) Increase rent.

(b) Decrease services.

(c) Bring an action for possession of the premises.

(d) Refuse to renew a rental agreement.

(e) Threaten to take any action under pars. (a) to (d) .

(2m) Authorizes the eviction or exclusion of a tenant from the premises, other than by judicial eviction procedures as provided under ch. 799 .

(3m) Provides for an acceleration of rent payments in the event of tenant default or breach of obligations under the rental agreement, or otherwise waives the landlord’s obligation to mitigate damages as provided in s. 704.29 .

(4m) Requires payment by the tenant of attorney fees or costs incurred by the landlord in any legal action or dispute arising under the rental agreement. This subsection does not prevent a landlord or tenant from recovering costs or attorney fees under a court order under ch. 799 or 814 .

(5m) Authorizes the landlord or an agent of the landlord to confess judgment against the tenant in any action arising under the rental agreement.

(6) States that the landlord is not liable for property damage or personal injury caused by negligent acts or omissions of the landlord. This subsection does not affect ordinary maintenance obligations of a tenant under s. 704.07 or assumed by a tenant under a rental agreement or other written agreement between the landlord and the tenant.

(7) Imposes liability on a tenant for any of the following:

(a) Personal injury arising from causes clearly beyond the tenant’s control.

(b) Property damage caused by natural disasters or by persons other than the tenant or the tenant’s guests or invitees. This paragraph does not affect ordinary maintenance obligations of a tenant under s. 704.07 or assumed by a tenant under a rental agreement or other written agreement between the landlord and the tenant.

(8) Waives any statutory or other legal obligation on the part of the landlord to deliver the premises in a fit or habitable condition or to maintain the premises during the tenant’s tenancy.

(9) Allows the landlord to terminate the tenancy of a tenant based solely on the commission of a crime in or on the rental property if the tenant, or someone who lawfully resides with the tenant, is the victim, as defined in s. 950.02 (4) , of that crime.

(10) Allows the landlord to terminate the tenancy of a tenant for a crime committed in relation to the rental property and the rental agreement does not include the notice required under s. 704.14 .

History: 2007 a. 184 ; 2011 a. 143 ; 2013 a. 76 .
Wis. Stat. § 102.37 — WI Code / Chapter 102 / Section 102.37
Employers’ records.
Status: in_force

Every employer of 3 or more persons and every employer who is subject to this chapter shall keep a record of all accidents causing death or disability of any employee while performing services growing out of and incidental to the employment. This record shall give the name, address, age, and wages of the deceased or injured employee, the time and causes of the accident, the nature and extent of the injury, and any other information the department may require by rule or general order. Reports based upon this record shall be furnished to the department at such times and in such manner as the department may require by rule or general order, in a format approved by the department.

History: 1975 c. 147 s. 54 ; 1985 a. 83 ; 2001 a. 37 .
Wis. Stat. § 411.525 — WI Code / Chapter 411 / Section 411.525
Lessor’s right to possession of goods.
Status: in_force

(1) If a lessor discovers that the lessee is insolvent, the lessor may refuse to deliver the goods.

(2) After a default by the lessee under the lease contract of the type described in s. 411.523 (1) or (3) (a) or, if agreed, after other default by the lessee, the lessor has the right to take possession of the goods. If the lease contract so provides, the lessor may require the lessee to assemble the goods and make them available to the lessor at a place designated by the lessor that is reasonably convenient to both parties. Without removal, the lessor may render unusable any goods employed in trade or business, and may dispose of goods on the lessee’s premises.

(3) The lessor may proceed under sub. (2) without judicial process if it can be done without breach of the peace or the lessor may proceed by action.

History: 1991 a. 148 .
Wis. Stat. § 70.55 — WI Code / Chapter 70 / Section 70.55
Special messenger.
Status: in_force

Whenever any town, city or village clerk shall have failed to transmit any such statement within the time fixed as aforesaid, the county treasurer or the department of revenue shall send a messenger therefor, who shall be paid and the expenses charged back as provided in s. 69.67 or 73.03 (6) , respectively; and whenever any county treasurer shall have failed to transmit any such statement, within the time fixed as aforesaid, the department of revenue may send a messenger therefor, who shall be paid and the expenses therefor charged back to the county.

History: 1975 c. 295 s. 9 ; 1991 a. 39 .