FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 179.0409 — WI Code / Chapter 179 / Section 179.0409
Standards of conduct for general partners.
Status: in_force

(1) A general partner owes to the limited partnership and, subject to s. 179.0901 , the other partners the duties of loyalty and care stated in subs. (2) and (3) .

(2) The fiduciary duty of loyalty of a general partner includes all of the following duties:

(a) The duty to account to the limited partnership and hold as trustee for it any property, profit, or benefit derived by the general partner in or from any of the following:

1. The conduct or winding up of the partnership’s activities and affairs.

2. A use by the general partner of the partnership’s property.

3. The appropriation of a partnership opportunity.

(b) The duty to refrain from dealing with the partnership in the conduct or winding up of the partnership’s activities and affairs as or on behalf of a person having an interest adverse to the partnership.

(c) The duty to refrain from competing with the partnership in the conduct or winding up of the partnership’s activities and affairs.

(3) The duty of care of a general partner in the conduct or winding up of the limited partnership’s activities and affairs is to refrain from engaging in grossly negligent or reckless conduct or in conduct for which relief or exoneration from liability is not permitted under s. 179.0105 (3) (h) .

(4) A general partner shall discharge the duties and obligations under this chapter or under the partnership agreement and exercise any rights thereunder consistently with the contractual obligation of good faith and fair dealing.

(5) A general partner does not violate a duty or obligation under this chapter or under the partnership agreement solely because the general partner’s conduct furthers the general partner’s own interest.

(6) All the partners of a limited partnership, or one or more disinterested partners with authority to act in the matter, may authorize or ratify, after full disclosure of all material facts, a specific act or transaction by a general partner that otherwise would violate the duty of loyalty.

(7) It is a defense to a claim under sub. (2) (b) and any comparable claim in equity or at common law that the transaction was fair to the limited partnership.

(8) If, as permitted by sub. (6) or the partnership agreement, a general partner enters into a transaction with the limited partnership which otherwise would be prohibited by sub. (2) (b) , the general partner’s rights and obligations arising from the transaction are the same as those of a person that is not a general partner.

History: 2021 a. 258 .
Wis. Stat. § 775.01 — WI Code / Chapter 775 / Section 775.01
Actions against state; bond.
Status: in_force

(1) Except as provided in sub. (2) , upon the refusal of the legislature to allow a claim against the state, the claimant may commence an action against the state by service as provided in s. 801.11 (3) and by filing with the clerk of court a bond, not exceeding $1,000, with 2 or more sureties, to be approved by the attorney general, to the effect that the claimant will indemnify the state against all costs that may accrue in such action and pay to the clerk of court all costs, in case the claimant fails to obtain judgment against the state.

(2) Upon the conclusion of the claims board that the facts of a claim described under s. 16.007 (2m) would be more properly adjudicated in a court of law or upon the failure of the claims board to make a final determination on a claim described under s. 16.007 (2m) within 6 months from the date that the claim was referred to the claims board, the claimant may commence an action against the state seeking judgment on the claim by service as provided in s. 801.11 (3) and by filing with the clerk of court a bond, not exceeding $1,000, with 2 or more sureties, to be approved by the attorney general, to the effect that the claimant will indemnify the state against all costs that may accrue in such action and pay to the clerk of court all costs, in case the claimant fails to obtain judgment against the state.

History: Sup. Ct. Order, 67 Wis. 2d 585, 775 (1975); 1975 c. 218 ; 1979 c. 32 s. 53 ; Stats. 1979 s. 775.01; 2025 a. 15 .
Wis. Stat. § 196.16 — WI Code / Chapter 196 / Section 196.16
Standard measurements; accurate appliances.
Status: in_force

(1) The commission shall fix adequate and serviceable standards for the measurement of quality, pressure, initial voltage or other condition pertaining to the supply of the product or service rendered by a public utility. The commission shall prescribe reasonable regulations for measurement, examination and testing of the product or service.

(2) The commission shall establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurement of public utility service.

(3) This section does not limit any power of a municipal governing body under s. 196.58 .

History: 1983 a. 53 ; 1997 a. 254 .
Wis. Stat. § 134.695 — WI Code / Chapter 134 / Section 134.695
Antique dealers and recyclers.
Status: in_force

(1) In this section:

(a) “Antique dealer” means a person, other than a nonprofit organization, who is engaged in the business of selling or purchasing used home furnishings.

(am) “Nonprofit organization” means an organization described in section 501 (c) (3) of the Internal Revenue Code which is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

(b) “Recycler” means a person, other than a nonprofit organization, who is engaged in the business of purchasing used home furnishings for the purpose of collecting, separating, processing and selling the material that was used in manufacturing the used home furnishings.

(c) “Registration plate” means a plate specified under s. 341.12 or under a similar law of another state.

(cm) “Tribal identification card” means a valid identification card issued by a federally recognized American Indian tribe or band in this state that contains the card holder’s photograph, full name, address, and date of birth.

(d) “Used home furnishings” means windows, siding, piping, radiators, cabinets, bookcases, doors, light fixtures, wood moldings, bathroom fixtures, bannisters, doorknobs, mantels, staircases or other attached items that are removed from a home or other building.

(2) No antique dealer or recycler may knowingly purchase or receive used home furnishings from a person unless the antique dealer or recycler obtains the person’s signature and records all of the following information:

(a) The person’s name and address.

(b) One of the following identification numbers:

1. The person’s motor vehicle operator’s license number.

2. The person’s state identification card number.

3. The person’s military identification card number.

4. The person’s U.S. passport number.

5. The person’s alien registration card number.

6. The person’s tribal identification card number.

(c) The registration plate numbers and the color, make, model and year of any motor vehicle delivering the used home furnishings to the antique dealer or recycler.

(d) If known by the person, the address of the home or other building from which the used home furnishings were removed.

(3) An antique dealer or recycler shall maintain a record of the information provided under sub. (2) for not less than one year after the later of the dates on which the antique dealer or recycler purchases or receives the used home furnishings.

(4) Any person who violates this section shall forfeit not less than $100 nor more than $1,000 for the first offense and shall forfeit not less than $500 nor more than $3,000 upon conviction for a 2nd or subsequent offense.

History: 1997 a. 76 ; 2017 a. 226 .
Wis. Stat. § 459.105 — WI Code / Chapter 459 / Section 459.105
Injunction.
Status: in_force

If it appears upon complaint to the examining board by any person or is known to the examining board that any person is practicing as a hearing instrument specialist without a license or trainee permit, the examining board, the attorney general or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of this state against the person to enjoin the person from practice.

History: 1983 a. 229 ; 1989 a. 316 .
Wis. Stat. § 194.23 — WI Code / Chapter 194 / Section 194.23
Certificate required.
Status: in_force

(1) No person may operate any motor vehicle as a common motor carrier unless the person first obtains a certificate and, if required under this chapter, a permit issued by the department, or unless the person is registered by another state under the unified carrier registration system consistent with the standards under 49 USC 13908 and 14504a , for the operation of the vehicle, except that no permit is required for the operation of a semitrailer. The department may issue or refuse to issue any certificate. The department may attach to the exercise of the privilege granted by a certificate any terms or conditions which are permitted under this chapter.

(2) The department shall issue a certificate without a hearing and order if the department finds that the applicant is fit, willing and able to provide the transportation authorized by the certificate and to comply with this chapter.

(3) In determining the ability and fitness of a common motor carrier under sub. (2) , the department shall consider all of the following:

(a) The applicant’s compliance with the requirements of ss. 194.41 and 194.42 .

(b) The applicant’s safety record.

(c) The applicant’s financial ability to provide cargo insurance or to have adequate financial resources in order to pay for damage claims against the company.

(d) The applicant’s reliability and service record.

(4) If the department denies a certificate, the department shall notify the applicant in writing of the reason, and the applicant shall have 30 days to correct the deficiency and reapply without payment of an additional application fee.

History: 1981 c. 347 ss. 51 , 80 (1) ; 1985 a. 208 ; 1993 a. 16 ; 1999 a. 139 ; 2007 a. 20 ; 2013 a. 163 .
Wis. Stat. § 16.60 — WI Code / Chapter 16 / Section 16.60
Services to nonprofit corporations.
Status: in_force

(1) The department of administration may provide, on a reimbursable basis, financial and management services for nonprofit corporations with which the state or its agencies has entered into leases and subleases for the construction and leasing of projects. Services provided under this section shall be in accordance with the request of the building commission as to the type and scope of service requested, the civil service range of the employee or employees assigned to them and the total reimbursement to be charged by the department of administration to the nonprofit corporations.

(2) The department or the legislature or any person delegated by the legislature may inspect and examine or cause an inspection and examination of all records relating to the construction of projects that are, or are to be, financed by a nonprofit corporation and leased or subleased by any state agency.

(3) The secretary or the secretary’s designated representative shall serve in an advisory capacity to and be a nonvoting member of any nonprofit corporation with which the state or its agencies has entered into leases and subleases for the construction and leasing of projects.

History: 1983 a. 36 s. 96 (4) ; 1991 a. 316 .
Wis. Stat. § 895.488 — WI Code / Chapter 895 / Section 895.488
Civil liability exemption; owner or person in lawful possession of the premises.
Status: in_force

(1) In this section:

(a) “Construction site” has the meaning given in s. 943.15 (2) (a) .

(b) “Owner or person in lawful possession of the premises” has the meaning given in s. 943.15 (2) (b) .

(2) The owner or person in lawful possession of the premises and his or her employees are immune from civil liability for the injury or death of an assessor or a member of the staff of an assessor who enters a construction site without the permission of the owner or person in lawful possession of the premises or his or her employee to make an assessment on behalf of the state or a political subdivision.

(3) The immunity under this section does not apply if the injury or death resulted from the reckless, wanton, or intentional misconduct of the owner or person in lawful possession of the premises or his or her employee.

History: 2009 a. 68 .
Wis. Stat. § 50.60 — WI Code / Chapter 50 / Section 50.60
Definitions; clinics.
Status: in_force

In this subchapter:

(1) “Health care provider” has the meaning given in s. 146.81 (1) (a) to (hp) .

(2) “Interventional pain medicine” means the branch of medicine and surgery devoted to the diagnosis and treatment of pain syndromes through the use of invasive techniques.

(3) “Pain clinic” means any of the following:

(a) A privately owned facility where a majority of the health care providers, practicing within the scope of their licenses, devotes a majority of their practices to the treatment of pain syndromes through the practice of pain medicine or interventional pain medicine.

(b) A privately owned facility that advertises or otherwise holds itself out as providing pain medicine or interventional pain medicine services and that has one or more employees or contractors who prescribe opioids or opiates, benzodiazepines, barbiturates, or carisoprodol as chronic therapy for pain syndromes.

(4) “Pain medicine” means the branch of medicine devoted to the diagnosis and treatment of pain syndromes through treatments, including prescription of a monitored prescription drug, as defined in s. 961.385 (1) (ag) .

(5) “Pain syndrome” means any of the following:

(a) Pain that is reasonably anticipated to persist, or has persisted, beyond the time frame for normal healing.

(b) Pain that is reasonably anticipated to persist, or has persisted, for more than 3 months.

History: 2015 a. 265 .
Wis. Stat. § 877.01 — WI Code / Chapter 877 / Section 877.01
Tort actions on surviving causes.
Status: in_force

If a cause of action survives under ch. 895 , a personal representative may maintain an action on the cause of action against the wrongdoer in every case in which the decedent could, if living, maintain the action and, after the wrongdoer’s death, against the wrongdoer’s personal representative, except that this section shall not extend to actions for slander or libel.

History: 1979 c. 32 s. 55 ; 1979 c. 176 ; Stats. 1979 s. 777.01; 2001 a. 102 s. 100 ; Stats. 2001 s. 877.01.
Wis. Stat. § 823.015 — WI Code / Chapter 823 / Section 823.015
Action against condominium association.
Status: in_force

If a city, village, town, or county has grounds under this chapter to abate a nuisance occurring upon the common elements of a condominium and the failure of a condominium association under ch. 703 to perform its duties to maintain and control the common elements is a reason the nuisance has not been abated, an action for a receivership under ch. 823 may be brought against the condominium association whether it is incorporated or unincorporated. This section does not authorize the seizure of condominium buildings or units.

History: 2003 a. 283 .
Wis. Stat. § 85.12 — WI Code / Chapter 85 / Section 85.12
Statewide public safety radio management program.
Status: in_force

(1) The department shall administer a statewide public safety radio management program. From the appropriations under s. 20.395 (5) (dk) and (dq) , the department may provide statewide tower site management, public safety frequency management, public safety database administration and planning services related to statewide public safety radio management.

(2) The department shall maintain any existing communications equipment at state patrol towers and stations that is used by emergency medical services programs under s. 256.12 unless the cost of maintaining the equipment exceeds the benefits that will result from such maintenance.

(3) The department may contract with any local governmental unit, as defined in s. 16.97 (7) , to provide that local governmental unit with services under this section.

History: 1993 a. 16 ; 1999 a. 9 , 185 ; 2001 a. 16 ; 2003 a. 33 ; 2007 a. 130 .
Wis. Stat. § 701.1114 — WI Code / Chapter 701 / Section 701.1114
Apportionment when income interest ends.
Status: in_force

(1) In this section, “undistributed income” means net income received before the date on which an income interest ends. “Undistributed income” does not include an item of income or expense that is due or accrued or net income that has been added or is required to be added to principal under the terms of the trust.

(2) When a mandatory income interest ends, the trustee shall pay to a mandatory income beneficiary who survives that date, or to the estate of a deceased mandatory income beneficiary whose death causes the interest to end, the beneficiary’s share of the undistributed income that is not disposed of under the terms of the trust unless the beneficiary has an unqualified power to revoke more than 5 percent of the trust immediately before the income interest ends. In the latter case, the undistributed income from the portion of the trust that may be revoked must be added to principal.

(3) When a trustee’s obligation to pay a fixed annuity or a fixed fraction of the value of the trust’s assets ends, the trustee shall prorate the final payment if and to the extent required by applicable law to accomplish a purpose of the trust or its settlor relating to income, gift, estate, or other tax requirements.

History: 2013 a. 92 s. 255 ; 2013 a. 151 s. 27 .
Wis. Stat. § 20.902 — WI Code / Chapter 20 / Section 20.902
Fiscal year.
Status: in_force

The fiscal year of the state commences on the first day of July in each year and closes on the next succeeding June 30th. All books and accounts of the department of administration and of the state treasurer shall be kept, and all their duties shall be performed with reference to the beginning and ending of the fiscal year. All officers and persons required to render annual accounts to the department of administration and treasurer shall close such accounts on June 30 in each year, and shall render such accounts as soon thereafter as may be practicable, and the fiscal year of all departments, boards and bodies connected with the state government in any manner shall commence and close on the same dates as the fiscal year of the state. A fiscal year ending in an even-numbered calendar year may be designated as an even-numbered fiscal year, and a fiscal year ending in an odd-numbered calendar year may be designated as an odd-numbered fiscal year. For all fiscal purposes the entire summer session of any state educational institution or school under the supervision of the technical college system board shall be considered as occurring in the fiscal year in which such session terminates, and expenditures therefor and revenues thereof shall be charged or credited to the appropriation for such fiscal year. All bills for printing incurred prior to the beginning of such fiscal year for such summer sessions may be paid out of current funds and be replaced at the beginning of such fiscal year.

History: 1993 a. 399 .
Wis. Stat. § 402.606 — WI Code / Chapter 402 / Section 402.606
What constitutes acceptance of goods.
Status: in_force

(1) Acceptance of goods occurs when the buyer:

(a) After a reasonable opportunity to inspect the goods signifies to the seller that the goods are conforming or that the buyer will take or retain them in spite of their nonconformity; or

(b) Fails to make an effective rejection (s. 402.602 (1) ), but such acceptance does not occur until the buyer has had a reasonable opportunity to inspect them; or

(c) Does any act inconsistent with the seller’s ownership; but if such act is wrongful as against the seller it is an acceptance only if ratified by the seller.

(2) Acceptance of a part of any commercial unit is acceptance of that entire unit.

History: 1991 a. 316 .
Wis. Stat. § 812.21 — WI Code / Chapter 812 / Section 812.21
Release of garnishment; bond.
Status: in_force

(1) The defendant may file with the clerk of the court a bond, executed by at least 2 sureties, resident freeholders of the state, to the effect that they will on demand pay to the plaintiff the amount of the judgment that may be recovered against such defendant not exceeding a sum specified, which shall be 1 1/2 times the amount of the debt specified in the garnishee complaint or in such less sum as the court directs. If the plaintiff fails to take issue with the garnishee answer the bond shall be conditioned to pay to the plaintiff the amount of the debt admitted or of the value of the property held by the garnishee.

(2) The sureties shall justify their responsibility by affidavit annexed, stating a sum which each is worth in property within this state, above all the surety’s liabilities and exclusive of property exempt from execution, the aggregate of which sums shall be double the amount specified in the bond. The defendant shall serve on the plaintiff a copy of such bond with a notice of where the same was filed. Within 3 days after the receipt thereof the plaintiff may notify the defendant that the plaintiff excepts to the sufficiency of the sureties, otherwise the plaintiff waives all objections to them. When the plaintiff excepts, the sureties shall justify in like manner as bail on arrest, and ss. 818.17 , 818.18 and 818.19 shall be applicable thereto. Thereafter the garnishee shall be discharged and the garnishment proceedings shall be deemed discontinued, and any money or property paid or delivered to any officer shall be surrendered to the person entitled thereto, and the costs shall be taxable as disbursements of the plaintiff in the action if the plaintiff recovers.

History: Sup. Ct. Order, 67 Wis. 2d 585, 759, 779 (1975); Stats. 1975 s. 812.21; Sup. Ct. Order, 83 Wis. 2d xiii (1978); 1993 a. 486 .
Wis. Stat. § 19.10 — WI Code / Chapter 19 / Section 19.10
Oaths.
Status: in_force

Each of the officers enumerated in s. 8.25 (4) (a) or (5) shall take and subscribe the oath of office prescribed by article IV, section 28 , of the constitution, as follows: The governor and lieutenant governor, before entering upon the duties of office; the secretary of state, treasurer, attorney general, state superintendent and each district attorney, within 20 days after receiving notice of election and before entering upon the duties of office.

History: 1983 a. 192 ; 1989 a. 31 ; 1991 a. 39 .
Wis. Stat. § 181.0708 — WI Code / Chapter 181 / Section 181.0708
Action by written ballot.
Status: in_force

(1m) Definition. In this section, “written ballot” includes a ballot transmitted or received by electronic means.

(1r) When permitted. If permitted by the articles of incorporation or bylaws, any action that may be taken at an annual, regular or special meeting of members may be taken without a meeting if the corporation delivers a written ballot to every member entitled to vote on the matter.

(2) Ballot requirements. A written ballot shall set forth each proposed action and provide an opportunity to vote for or against each proposed action.

(3) Voting requirements. Approval by written ballot under this section shall be valid only when the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action, and the number of approvals equals or exceeds the number of votes that would be required to approve the matter at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot.

(4) Solicitation requirements. A solicitation for votes by written ballot shall include all of the following:

(a) The number of responses needed to meet the quorum requirements.

(b) The percentage of approvals necessary to approve each matter other than election of directors.

(c) The time by which a ballot must be received by the corporation in order to be counted.

(5) Revocation. Except as otherwise provided in the articles of incorporation or bylaws, a written ballot may not be revoked.

History: 1997 a. 79 ; 2003 a. 259 .