FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 445.13 — WI Code / Chapter 445 / Section 445.13
Investigations; hearing; revocation of licenses.
Status: in_force

(1) Subject to the rules promulgated under s. 440.03 (1) , the examining board may make investigations, subpoena witnesses, conduct hearings, limit, suspend or revoke a license of a funeral director, a certificate of registration of an apprentice or a permit of an operator of a funeral establishment and reprimand a funeral director, apprentice or operator of a funeral establishment for any violation of 15 USC 45 and 57 , of this chapter or of any rule of the department of health services or the examining board, for unprofessional conduct, including misrepresentation or fraud in obtaining the license, permit or certificate of registration, or for any violation of this chapter or any rule of the examining board by an agent authorized by the funeral director or operator of the funeral establishment under s. 445.125 (3m) (b) 2. a.

(1e) In addition to or in lieu of a reprimand or limitation, suspension or revocation of a license or permit under sub. (1) , the examining board may assess against any person who violates s. 445.12 (3g) or (3r) or 445.125 (3m) or a rule promulgated under s. 445.125 (3m) (j) a forfeiture of no more than $1,000 for each violation.

(1m) The examining board shall investigate an allegation that a funeral director has failed to do any of the following:

(a) Mail or present a death record within 10 days after receipt from the person responsible for completing the medical certification under s. 69.18 (2) .

(b) Within any period of 180 days, mail or present 6 or more death records within the 2-day time limit under s. 69.18 (1) (bm) .

(c) Obtain the written permission to effect final disposition required under s. 69.18 (3) (b) .

(d) Mail a report of final disposition required under s. 69.18 (3) (a) before effecting a final disposition, as defined in s. 69.01 (11) .

(2) No reprimand or order limiting, suspending or revoking a license, certificate of registration or permit, or no assessment of forfeiture, shall be made until after a hearing conducted by the examining board. This subsection does not apply to a license, certificate of registration or permit that is limited or suspended under s. 440.13 (2) (c) or that is revoked under s. 440.12 .

History: 1975 c. 39 ss. 657j , 657o , 732 (2) ; 1977 c. 418 ; 1979 c. 175 s. 29 ; 1979 c. 221 s. 662 ; Stats. 1979 s. 445.13; 1983 a. 485 ; 1985 a. 315 ; 1995 a. 27 s. 9126 (19) ; 1995 a. 295 ; 1997 a. 191 , 237 ; 2007 a. 20 s. 9121 (6) (a) ; 2017 a. 334 .
Wis. Stat. § 254.02 — WI Code / Chapter 254 / Section 254.02
Health risk assessments.
Status: in_force

(1) In this section:

(a) “Adverse health effect” means a condition that results in human morbidity, mortality, impaired reproductive function or toxicity or teratogenic, carcinogenic or mutagenic effects.

(b) “Health risk assessment” means the determination of the relationship between the magnitude of exposure to environmental hazards and the probability of occurrence of adverse health effects.

(2) The department is the lead state agency for health risk assessment.

(3)

(a) The department of agriculture, trade and consumer protection, the department of corrections, the department of safety and professional services, and the department of natural resources shall enter into memoranda of understanding with the department to establish protocols for the department to review proposed rules of those state agencies relating to air and water quality, occupational health and safety, institutional sanitation, toxic substances, indoor air quality, or waste handling and disposal.

(b) The department shall review proposed rules in the areas under par. (a) and make recommendations to the appropriate state agency if public health would be adversely impacted or if prevention of human health hazards or disease is not adequately addressed by the proposed rules. The department shall make recommendations for enforcement standards to address public health concerns of the proposed rules.

(4) The department and the state laboratory of hygiene shall enter into a memorandum of understanding that delineates the public health testing and consultative support that the state laboratory of hygiene shall provide to local health departments.

(5) The department shall assess the acute or chronic health effect from occupational or environmental human health hazards exposure as follows:

(a) The chief medical officer for environmental health shall establish a system for assessment, collection and surveillance of disease outcome and toxic exposure data.

(b) State agencies and local health departments shall report known incidents of environmental contamination to the department. The department shall investigate human health implications of an incident and determine the need to perform a health risk assessment. The department may require the party that is responsible for an incident to perform a health risk assessment.

(6) State agencies that require health risk assessments as part of their permit issuance or regulatory responsibilities shall enter into a memorandum of understanding with the department that permits the state health officer to establish a risk management protocol to review and make recommendations on the completeness of the health risk assessments.

History: 1993 a. 27 ; 1995 a. 27 ss. 6327 , 9116 (5) ; 2011 a. 32 ; 2015 a. 55 .
Wis. Stat. § 183.1022 — WI Code / Chapter 183 / Section 183.1022
Plan of merger.
Status: in_force

(1) A plan of merger must be in a record and contain all of the following:

(a) As to each constituent entity, its name, type of entity, and governing law.

(b) The terms and conditions of the merger.

(c) The manner and basis of converting the interests in each constituent entity into interests, securities, or obligations of the surviving entity, rights to acquire such interests or securities, money, other property, or any combination of the foregoing.

(d) If the surviving entity preexists the merger, any proposed amendments to its organizational documents that are to be in a record immediately after the merger becomes effective.

(e) If the surviving entity is to be created in the merger, any of its organizational documents that are to be in a record immediately after the merger becomes effective.

(f) Any other matters required under the governing law of any constituent entity.

(2) In addition to the requirements of sub. (1) , a plan of merger may contain any other provision relating to the merger and not prohibited by law.

History: 2021 a. 258 .
Wis. Stat. § 16.62 — WI Code / Chapter 16 / Section 16.62
Records management service.
Status: in_force

(1) The department shall establish and maintain a records management service:

(a) To advise and assist state agencies and the University of Wisconsin Hospitals and Clinics Authority in the establishment and operation of records management programs through the issuance of standards and procedures and provision of technical and management consulting services.

(b) To operate a state records center and a central microfilm facility for state agencies and the University of Wisconsin Hospitals and Clinics Authority and to promulgate rules necessary for efficient operation of the facilities.

(bm) To operate a storage facility for storage of public records and records of the University of Wisconsin Hospitals and Clinics Authority in optical disc or electronic format in accordance with rules, promulgated by the department under s. 16.611 , governing operation of the facility.

(c) To periodically audit the records management programs of state agencies and the University of Wisconsin Hospitals and Clinics Authority and recommend improvements in records management practices.

(2) The department may establish user charges for records storage and retrieval services, with any moneys collected to be credited to the appropriation account under s. 20.505 (1) (im) or (kb) . Such charges shall be structured to encourage efficient utilization of the services.

(3) The department may establish user fees for the services of the public records board. Any moneys collected shall be credited to the appropriation account under s. 20.505 (1) (kb) .

History: 1975 c. 41 , 224 ; Stats. 1975 s. 16.62; 1977 c. 29 , 418 ; 1979 c. 34 s. 2102 (1) (b) , (c); 1979 c. 175 ; 1981 c. 350 ; 1983 a. 27 ss. 87 , 88 , 1804 to 1806 ; 1985 a. 180 s. 30m ; 1987 a. 27 ; 1987 a. 147 s. 25 ; 1991 a. 39 ; 1995 a. 27 , 216 ; 2001 a. 16 ; 2015 a. 196 .
Wis. Stat. § 601.55 — WI Code / Chapter 601 / Section 601.55
Nondomestic insurers; additional requirements.
Status: in_force

If another state or a foreign country requires domestic insurers doing business in that state or foreign country to deposit security, to pay a fee or tax not included in the computation under s. 76.66 , to pay a fine or penalty or to comply with an obligation, prohibition or restriction that is in addition to or greater than requirements imposed by this state on nondomestic insurers doing a similar business in this state, this state may, as a condition for issuing a license to an insurer domiciled in that state or foreign country, impose a similar security requirement, fee, tax, fine, penalty, obligation, prohibition or restriction.

History: 1989 a. 31 .
Wis. Stat. § 459.03 — WI Code / Chapter 459 / Section 459.03
Receipt required to be furnished to a person supplied with hearing aid.
Status: in_force

(1) Except as provided in sub. (1m) , a hearing instrument specialist who engages in the practice of ordering, fitting, and dealing in hearing aids shall deliver to each person supplied with a hearing aid a receipt. The receipt shall contain the signature and show the business address and license title and number of the hearing instrument specialist, together with specifications as to the make and model of the hearing aid furnished and full terms of sale clearly stated. If a hearing aid which is not new is sold, the receipt and the container thereof must be clearly marked as “used” or “reconditioned” whichever is applicable.

(1m) A hearing instrument specialist is not required to deliver a receipt to a person supplied with a hearing aid if the supplied hearing aid is an over-the-counter hearing aid, as defined in 21 USC 360j (q).

(2) The receipt shall contain all of the following information, that shall be set out in not less than 8-point type:

(a) The terms of the guarantee, if there is any given; and

(b) A statement that the purchaser has been advised by the hearing instrument specialist that any examination or representation made by the hearing instrument specialist in connection with the fitting and selling of this hearing aid is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and therefore must not be regarded as medical opinion or advice.

History: 1989 a. 316 ; 1991 a. 32 ; 1997 a. 49 ; 2003 a. 270 ; 2009 a. 356 ; 2023 a. 179 .
Wis. Stat. § 196.70 — WI Code / Chapter 196 / Section 196.70
Temporary alteration or suspension of rates.
Status: in_force

(1) The commission, when it deems necessary to prevent injury to the business or interests of the people or any public utility in case of any emergency to be judged of by the commission, may by order temporarily alter, amend, or with the consent of the public utility concerned, suspend any existing rates, schedules and order relating to or affecting any public utility or part of any public utility.

(2) The commission may direct an order under sub. (1) to part of a public utility or to one or more public utilities and may prescribe when the order takes effect and for how long the order shall be in effect.

History: 1983 a. 53 .
Wis. Stat. § 402.706 — WI Code / Chapter 402 / Section 402.706
Seller’s resale including contract for resale.
Status: in_force

(1) Under the conditions stated in s. 402.703 on seller’s remedies, the seller may resell the goods concerned or the undelivered balance thereof. Where the resale is made in good faith and in a commercially reasonable manner the seller may recover the difference between the resale price and the contract price together with any incidental damages allowed under s. 402.710 , but less expenses saved in consequence of the buyer’s breach.

(2) Except as otherwise provided in sub. (3) or unless otherwise agreed resale may be at public or private sale including sale by way of one or more contracts to sell or of identification to an existing contract of the seller. Sale may be as a unit or in parcels and at any time and place and on any terms but every aspect of the sale including the method, manner, time, place and terms must be commercially reasonable. The resale must be reasonably identified as referring to the broken contract, but it is not necessary that the goods be in existence or that any or all of them have been identified to the contract before the breach.

(3) Where the resale is at private sale the seller must give the buyer reasonable notification of the seller’s intention to resell.

(4) Where the resale is at public sale:

(a) Only identified goods can be sold except where there is a recognized market for a public sale of futures in goods of the kind; and

(b) It must be made at a usual place or market for public sale if one is reasonably available and except in the case of goods which are perishable or threaten to decline in value speedily the seller must give the buyer reasonable notice of the time and place of the resale; and

(c) If the goods are not to be within the view of those attending the sale the notification of sale must state the place where the goods are located and provide for their reasonable inspection by prospective bidders; and

(d) The seller may buy.

(5) A purchaser who buys in good faith at a resale takes the goods free of any rights of the original buyer even though the seller fails to comply with one or more of the requirements of this section.

(6) The seller is not accountable to the buyer for any profit made on any resale. A person in the position of a seller (s. 402.707 ) or a buyer who has rightfully rejected or justifiably revoked acceptance must account for any excess over the amount of that person’s security interest, as defined in s. 402.711 (3) .

History: 1991 a. 316 .
Wis. Stat. § 1.08 — WI Code / Chapter 1 / Section 1.08
State flag.
Status: in_force

(1) The Wisconsin state flag consists of the following features:

(a) Relative dimensions of 2 to 3, hoist to fly.

(b) A background of royal blue cloth.

(c) The state coat of arms, as described under s. 1.07 , in material of appropriate colors, applied on each side in the center of the field, of such size that, if placed in a circle whose diameter is equal to 50 percent of the hoist, those portions farthest from the center of the field would meet, but not cross, the boundary of the circle.

(d) The word “WISCONSIN” in white, capital, condensed Gothic letters, one-eighth of the hoist in height, centered above the coat of arms, midway between the uppermost part of the coat of arms and the top edge of the flag.

(e) The year “1848” in white, condensed Gothic numbers, one-eighth of the hoist in height, centered below the coat of arms, midway between the lowermost part of the coat of arms and the bottom edge of the flag.

(f) Optional trim on the edges consisting of yellow knotted fringe.

(2) The department of administration shall ensure that all official state flags that are manufactured on or after May 1, 1981 conform to the requirements of this section. State flags manufactured before May 1, 1981 may continue to be used as state flags.

History: 1979 c. 286 .
Wis. Stat. § 701.0704 — WI Code / Chapter 701 / Section 701.0704
Vacancy in trusteeship; appointment of successor.
Status: in_force

(1) A vacancy in a trusteeship exists if any of the following occurs:

(a) A person designated as trustee declines the trusteeship.

(b) A person designated as trustee cannot be identified or does not exist.

(c) A trustee resigns.

(d) A trustee is disqualified or removed.

(e) A trustee dies.

(f) A guardian or conservator is appointed for an individual serving as trustee.

(g) Any other event occurs resulting in no person acting as trustee.

(2) If one or more cotrustees remain in office, a vacancy in a trusteeship does not need to be filled. A vacancy in a trusteeship shall be filled if the trust has no remaining trustee.

(3) A vacancy in a trusteeship that is required to be filled shall be filled in the following order of priority:

(a) By a person designated in the terms of the trust to act as successor trustee.

(b) By a person appointed by unanimous agreement of the qualified beneficiaries, except that, if the trust is a trust for an individual with a disability, the person appointed under this paragraph may not be the individual with a disability, his or her spouse, or a relative of the individual with a disability who is legally responsible for his or her support.

(c) By a person appointed by the court.

(4) Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee, directing party, or trust protector whenever the court considers the appointment necessary for the administration of the trust.

History: 2013 a. 92 ; 2023 a. 127 .
Wis. Stat. § 757.57 — WI Code / Chapter 757 / Section 757.57
Transcripts.
Status: in_force

(2) In any criminal action or proceeding the court may order, and when required by s. 973.08 the court shall order, a transcript of the testimony and proceedings to be made and certified by a court reporter and filed with the clerk of court. Certified duplicates of transcripts prepared in compliance with s. 973.08 shall be filed with the warden or superintendent of the institution to which sentenced persons have been committed. The cost of the transcript is prescribed in s. 814.69 (1) . In case of application for a pardon or commutation of sentence the duplicate transcript shall accompany the application.

(5) Except as provided in SCR 71.04 (4), every court reporter, upon the request of any party to an action or proceeding, shall make a typewritten transcript, and as many copies thereof as the party requests, of the verbatim record in the action or proceeding, or any part thereof specified by the party, the transcript and each copy thereof to be duly certified by him or her to be a correct transcript thereof. For the transcripts the court reporter is entitled to receive the fees prescribed in s. 814.69 (1) (b) and (bm) .

History: 1977 c. 187 s. 96 ; Stats. 1977 s. 757.57; 1979 c. 32 s. 92 (4) ; Sup. Ct. Order, eff. 1-1-80; 1981 c. 317 , 353 , 389 ; 1987 a. 403 s. 256 ; 1995 a. 27 ; 2001 a. 16 ; Sup. Ct. Order No. 19-01 , 2019 WI 44, 386 Wis. 2d xvii.
Wis. Stat. § 703.31 — WI Code / Chapter 703 / Section 703.31
Personal application.
Status: in_force

(1) All unit owners, tenants of the owners, employees of owners and tenants or any other persons that in any manner use property or any part thereof subject to this chapter shall be subject to this chapter and to the declaration and bylaws of the association adopted under this chapter.

(2) All agreements, decisions and determinations lawfully made by an association in accordance with the voting percentages established in this chapter, declaration or bylaws, shall be deemed to be binding on all unit owners.

History: 1977 c. 407 .
Wis. Stat. § 972.04 — WI Code / Chapter 972 / Section 972.04
Exercise of challenges.
Status: in_force

(1) The number of jurors selected shall be prescribed in s. 756.06 (2) (a) , unless a lesser number has been stipulated and approved under s. 972.02 (2) or the court orders that additional jurors be selected. That number, plus the number of peremptory challenges available to all the parties, shall be called initially and maintained in the jury box by calling others to replace jurors excused for cause until all jurors have been examined. The parties shall thereupon exercise in their order, the state beginning, the peremptory challenges available to them, and if any party declines to challenge, the challenge shall be made by the clerk by lot.

(2) A party may waive in advance any or all of its peremptory challenges and the number of jurors called pursuant to sub. (1) shall be reduced by this number.

History: 1983 a. 226 ; 1995 a. 427 ; Sup. Ct. Order No. 96-08 , 207 Wis. 2d xv (1997); 2013 a. 164 .
Wis. Stat. § 218.0124 — WI Code / Chapter 218 / Section 218.0124
Performance standards.
Status: in_force

Any performance standard or program for measuring dealership performance that may have a material effect on a dealer, and the application of any such standard or program by a manufacturer, importer or distributor, shall be fair, reasonable and equitable. Upon the request of any dealer, a manufacturer, importer or distributor shall disclose in writing to the dealer a description of how a performance standard or program is designed and all relevant information used in the application of the performance standard or program to that dealer.

History: 1999 a. 31 s. 113 .
Wis. Stat. § 178.1007 — WI Code / Chapter 178 / Section 178.1007
Withdrawal deemed on conversion to or merger into domestic filing entity or domestic limited liability partnership.
Status: in_force

A registered foreign limited liability partnership that converts to, or merges into, a domestic limited liability partnership or to or into a domestic entity whose formation requires the delivery of a record to the department for filing is deemed to have withdrawn its registration on the effective date of the conversion or merger, unless the registration is transferred to such partnership pursuant to s. 178.1009 .

History: 2015 a. 295 .
Wis. Stat. § 898.28 — WI Code / Chapter 898 / Section 898.28
Suit on bond; damages.
Status: in_force

The party to whom such assignment shall have been made may maintain an action on such bond, as assignee of the sheriff taking the same, in the same cases in which such action might be maintained by such sheriff, and shall recover damages for breaches of the condition of such bond as follows:

(1) If the prisoner escaping was confined by virtue of an execution or by virtue of an attachment for nonpayment of costs or of any sum of money ordered to be paid by a court or judge the measure of the plaintiff’s damages shall be the amount directed to be levied by such execution or attachment, with interest thereon to the time of such recovery;

(2) If the prisoner was confined by virtue of an order of arrest or writ of ne exeat, or upon a surrender by the prisoner’s bail upon an order of arrest, made before or after judgment rendered against the prisoner, the plaintiff shall recover only the actual damages sustained by the plaintiff.

History: 1993 a. 486 .
Wis. Stat. § 51.82 — WI Code / Chapter 51 / Section 51.82
Delivery of certain nonresidents.
Status: in_force

A person alleged to be of unsound mind found in this state, who has fled from another state, in which at the time of the flight: (a) The person was under detention by law in a hospital, asylum or other institution for the insane as a person of unsound mind; or (b) the person had been theretofore determined by legal proceedings to be of unsound mind, the finding being unreversed and in full force and effect, and the control of his or her person having been acquired by a court of competent jurisdiction of the state from which the person fled; or (c) the person was subject to detention in that state, being then the person’s legal domicile (personal service of process having been made) based on legal proceedings pending there to have the person declared of unsound mind, shall on demand of the executive authority of the state from which the person fled, be delivered for removal thereto.

History: 1975 c. 430 ; 1991 a. 316 .