FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 877.06 — WI Code / Chapter 877 / Section 877.06
Prosecution and defense of actions by personal representatives; setoff of claims against decedent; judgments, how appealed and paid.
Status: in_force

(1) A personal representative may commence and prosecute an action and may prosecute any action commenced by his or her predecessor or decedent for the recovery of any claim or cause of action that survived and may have execution on any judgment. In the action the defendant may set off any claim pleadable as a counterclaim that he or she may have against the decedent, instead of presenting it to the court. If judgment is rendered in favor of the defendant the claim shall be certified to the circuit court and paid as other claims allowed against the estate.

(2) A successor personal representative may bring a writ of error or appeal upon any judgment against his or her predecessor or the decedent and shall defend any writ of error or appeal brought upon any judgment against his or her predecessor or the decedent. The successor personal representative shall have the same remedies in the prosecution or defense of any action by or against his or her predecessor or the decedent and in the collection and enforcement of any judgment as his or her predecessor or the decedent had.

History: 1977 c. 449 ; 1979 c. 32 s. 55 ; 1979 c. 176 ; Stats. 1979 s. 777.06; 2001 a. 102 s. 103 ; Stats. 2001 s. 877.06.
Wis. Stat. § 448.965 — WI Code / Chapter 448 / Section 448.965
Duties and powers of affiliated credentialing board.
Status: in_force

(1) The affiliated credentialing board shall promulgate rules that establish each of the following:

(a) Standards for acceptable examination performance by an applicant for licensure as an occupational therapist or occupational therapy assistant.

(b) Continuing education requirements for license renewal for an occupational therapist or occupational therapy assistant under s. 448.967 (2) .

(c) Standards of practice for occupational therapy, including a code of ethics and criteria for referral.

(2) The affiliated credentialing board may promulgate rules that define the scope of practice of occupational therapy or the scope of assisting in the practice of occupational therapy.

History: 1999 a. 180 s. 51 to 53 , 56 .
Wis. Stat. § 51.84 — WI Code / Chapter 51 / Section 51.84
Limitation of time to commence proceeding.
Status: in_force

Any proceedings under ss. 51.81 to 51.85 shall be begun within one year after the flight referred to in ss. 51.81 to 51.85 .

History: 1971 c. 40 s. 93 ; 1981 c. 314 s. 146 .
Wis. Stat. § 842.07 — WI Code / Chapter 842 / Section 842.07
Findings and conclusions; referee.
Status: in_force

On default and proof or after trial of issues, the court shall by findings of fact and conclusions of law determine the rights of the parties. If the basis for partition is clear, the court may enter judgment partitioning the interests. If the basis for partition is not clear, the court shall appoint a referee to report either a basis for partition, or the conclusion that partition is prejudicial to the parties.

History: 1973 c. 189 ; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.07.
Wis. Stat. § 155.50 — WI Code / Chapter 155 / Section 155.50
Duties and immunities.
Status: in_force

(1) No health care facility or health care provider may be charged with a crime, held civilly liable or charged with unprofessional conduct for any of the following:

(a) Certifying incapacity under s. 155.05 (2) , if the certification is made in good faith based on a thorough examination of the principal.

(b) Failing to comply with a power of attorney for health care instrument or the decision of a health care agent, except that failure of a health care professional, as defined in s. 154.01 (3) , to comply constitutes unprofessional conduct if the health care professional refuses or fails to make a good faith attempt to transfer the principal to another health care professional who will comply.

(c) Complying, in the absence of actual knowledge of a revocation, with the terms of a power of attorney for health care instrument that is in compliance with this chapter or the decision of a health care agent that is made under a power of attorney for health care that is in compliance with this chapter.

(d) Acting contrary to or failing to act on a revocation of a power of attorney for health care, unless the health care facility or health care provider has actual knowledge of the revocation.

(e) Failing to obtain the health care decision for a principal from the principal’s health care agent, if the health care facility or health care provider has made a reasonable attempt to contact the health care agent and obtain the decision but has been unable to do so.

(2) In the absence of actual notice to the contrary, a health care facility or health care provider may presume that a principal was authorized to execute the principal’s power of attorney for health care under the requirements of this chapter and that the power of attorney for health care instrument is valid.

(3) No health care agent may be charged with a crime or held civilly liable for making a decision in good faith under a power of attorney for health care instrument that is in compliance with this chapter. No health care agent who is not the spouse of the principal may be held personally liable for any goods or services purchased or contracted for under a power of attorney for health care instrument.

(4) Subsections (1) , (2) , and (3) apply to acts or omissions in connection with a provision of a power of attorney for health care that is executed in another jurisdiction if the provision is valid and enforceable under s. 155.70 (10) .

History: 1989 a. 200 ; 2003 a. 290 ; 2019 a. 90 .
Wis. Stat. § 401.302 — WI Code / Chapter 401 / Section 401.302
Variation by agreement.
Status: in_force

(1) Except as otherwise provided in sub. (2) or elsewhere in chs. 401 to 411 , the effect of provisions of chs. 401 to 411 may be varied by agreement.

(2) The obligations of good faith, diligence, reasonableness, and care prescribed by chs. 401 to 411 may not be disclaimed by agreement. The parties, by agreement, may determine the standards by which the performance of those obligations is to be measured if those standards are not manifestly unreasonable. Whenever chs. 401 to 411 require any action to be taken within a reasonable time, any time which is not manifestly unreasonable may be fixed by agreement.

(3) The presence in certain provisions of chs. 401 to 411 of the phrase “unless otherwise agreed,” or words of similar import, does not imply that the effect of other provisions may not be varied by agreement under this section.

History: 2009 a. 320 .
Wis. Stat. § 893.74 — WI Code / Chapter 893 / Section 893.74
School district; contesting validity.
Status: in_force

No appeal or other action attacking the legality of the formation of a school district, either directly or indirectly, may be commenced after the school district has exercised the rights and privileges of a school district for a period of 90 days.

History: 1979 c. 323 .
Wis. Stat. § 944.33 — WI Code / Chapter 944 / Section 944.33
Pandering.
Status: in_force

Whoever does any of the following is guilty of a Class A misdemeanor:

(1) Solicits another to have nonmarital sexual intercourse or to commit an act of sexual gratification, in public or in private, involving the sex organ of one person and the mouth or anus of another, masturbation or sexual contact with a person the solicitor knows is a prostitute; or

(2) With intent to facilitate another in having nonmarital intercourse or committing an act of sexual gratification, in public or in private, involving the sex organ of one person and the mouth or anus of another, masturbation or sexual contact with a prostitute, directs or transports the person to a prostitute or directs or transports a prostitute to the person.

History: 1977 c. 173 ; 1979 c. 221 , 355 ; 1983 a. 17 ; 1993 a. 486 ; 2001 a. 109 ; 2013 a. 362 .
Wis. Stat. § 54.986 — WI Code / Chapter 54 / Section 54.986
Applicable law.
Status: in_force

(1) Sections 54.950 to 54.988 apply to a transfer or declaration creating a custodial trust that refers to this subchapter if, at the time of the transfer or declaration, the transferor, beneficiary or custodial trustee is a resident of or has its principal place of business in this state or custodial trust property is located in this state. The custodial trust remains subject to this subchapter despite a later change in residence or principal place of business of the transferor, beneficiary or custodial trustee, or removal of the custodial trust property from this state.

(2) A transfer made pursuant to a law of another state substantially similar to this subchapter is governed by the law of that state and may be enforced in this state.

History: 1991 a. 246 ; 2005 a. 387 s. 572 ; Stats. 2005 s. 54.986.
Wis. Stat. § 632.93 — WI Code / Chapter 632 / Section 632.93
The fraternal contract.
Status: in_force

(1) Issuance of certificate. A fraternal shall issue to each owner a policy or certificate specifying the benefits provided and containing at least in substance all sections of the laws of the fraternal which might result in the termination of coverage or the reduction of benefits. The policy or certificate, any riders or endorsements attached thereto, the laws of the fraternal, and the application and declarations made in connection therewith and signed by the applicant, constitute the agreement between the fraternal and the owner, and the policy or certificate shall so state.

(2) Changes in laws of fraternals. Except as provided in s. 614.24 (1m) , any changes in the laws of a fraternal made subsequent to the issuance of a policy or certificate bind the owner and any beneficiary under the policy or certificate as if they had been in force at the time of the application, so long as they do not destroy or diminish benefits promised in the policy or certificate.

(3) Proof of terms. Copies of any documents mentioned in subs. (1) and (2) , certified by the secretary or corresponding officer of the fraternal, are evidence of the terms and conditions of the contract.

(4) Inapplicable provisions. Sections 631.13 and 632.44 (2) do not apply to fraternal contracts.

(5) Grace period. Every fraternal certificate shall contain a provision entitling the owner to a grace period of not less than one month, or 30 days at the fraternal’s option, for the payment of any premium due except the first, during which the death benefit shall continue in force. A fraternal may specify in the grace period provision that the overdue premium will be deducted from the death benefit in the event of death before it is paid.

(6) Compliance with other provisions. If a fraternal’s laws provide for expulsion or suspension of a member for any reason other than nonpayment of premium or under s. 632.46 , the fraternal’s insurance certificate shall contain a provision that if a member is expelled or suspended for any reason other than nonpayment of premium or under s. 632.46 , the expelled member, or other owner who was provided insurance benefits under s. 614.10 on the application of the expelled member, has the right to maintain the policy in force by continuing payment of the required premium.

(7) Scope of application. This section applies to all contracts made by a fraternal beginning 6 months after December 18, 1979. A fraternal may elect to have this section apply at an earlier date, so long as it applies simultaneously to all such contracts and the fraternal gives the commissioner at least 30 days’ notice of intention to adopt this section.

History: 1975 c. 373 ; 1979 c. 102 ss. 179 to 182 , 237 ; 1987 a. 361 ; 1989 a. 336 ; 1997 a. 177 .
Wis. Stat. § 806.34 — WI Code / Chapter 806 / Section 806.34
Determining the amount of the money of certain contract claims.
Status: in_force

(1) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date.

(2) If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate of exchange prevailing on a date before default, that rate of exchange applies only for payments made a reasonable time after default, not to exceed 30 days. Thereafter, the bank-offered spot rate of exchange on the conversion date applies.

(3) A monetary claim is neither usurious nor unconscionable because the agreement on which it is based provides that the amount of the debtor’s obligation to be paid in the debtor’s money must, when received by the creditor, equal a specified amount of the foreign money of the country of the creditor. If, because of unexcused delay in payment of a judgment or award, the amount received by the creditor does not equal the amount of the foreign money specified in the agreement, the court or arbitrator shall amend the judgment or award to provide the creditor with the amount of the foreign money specified in the agreement.

History: 1991 a. 236 .
Wis. Stat. § 806.38 — WI Code / Chapter 806 / Section 806.38
Prejudgment and judgment interest.
Status: in_force

(1) With respect to a foreign-money claim, recovery of prejudgment interest and the rate of interest to be applied in the action or distribution proceeding are matters of the substantive law governing the right to recovery under the conflict of laws rules of this state.

(2) Notwithstanding sub. (1) , an increase or decrease in the amount of prejudgment interest otherwise payable may be made in a foreign-money judgment to the extent required by s. 802.05 , 805.03 or 807.01 .

(3) A judgment on a foreign-money claim bears interest at the same rate applicable to other judgments of this state.

History: 1991 a. 236 .
Wis. Stat. § 105.09 — WI Code / Chapter 105 / Section 105.09
Visitorial power.
Status: in_force

Any deputy may enter any employment office or the place of business of any employment agent for the purpose of collecting facts and statistics, examining the records or registers kept by the employment agent and bringing to the attention of the agent any law or any order of the department, or any failure on the part of an employment agent to comply therewith. No employment agent may refuse to admit any deputy to his or her place of business.

History: 1973 c. 226 ; 1977 c. 29 .
Wis. Stat. § 126.48 — WI Code / Chapter 126 / Section 126.48
Milk contractors; payments to producers.
Status: in_force

(1) First monthly payment. Except as provided under the terms of a deferred payment contract that satisfies the requirements under s. 126.485 , by the 4th day of each month, a milk contractor shall pay for producer milk received during the first 15 days of the preceding month. The milk contractor shall base the payment on an estimated price that is at least 80 percent of the class III price published by the regional federal milk market administrator for the month preceding the month in which the milk is received, or 80 percent of the contract price, whichever is greater.

(2) Second monthly payment. Except as provided under the terms of a deferred payment contract that satisfies the requirements under s. 126.485 , by the 19th day of each month, a milk contractor shall pay the balance due for producer milk received during the preceding month.

History: 2001 a. 16 ; 2017 a. 155 .
Wis. Stat. § 303.05 — WI Code / Chapter 303 / Section 303.05
Vocational instruction at prisons.
Status: in_force

The department may maintain in the state prisons vocational schools and instruct the inmates in trades and domestic science; and may create such industries as seem to the department for the best interests of the inmates.

History: 1989 a. 31 s. 1684 ; Stats. 1989 s. 303.05.
Wis. Stat. § 16.643 — WI Code / Chapter 16 / Section 16.643
Support accounts for persons with disabilities.
Status: in_force

(1) Termination of account. Upon the death of an account owner whose account is part of a qualified ABLE program under section 529A of the Internal Revenue Code, the account shall terminate, and upon such termination any amount remaining in the account shall be recoverable by the state under s. 49.849 as property of a decedent that is recoverable under that statute. Any amount that remains in the account following such recovery under s. 49.849 shall be paid to the account owner’s estate. Recovery authorized under this subsection may relate only to public assistance received by a beneficiary on and after the date on which an account is established.

(2) Eligibility for long-term care programs. A person who is determining eligibility for an individual for a long-term care program under s. 46.275 or 46.277 , the family care benefit under s. 46.286 , the family care partnership program, the long-term care program defined in s. 46.2899 (1) , or any other demonstration program or program operated under a waiver of federal medicaid law that provides long-term care benefits shall exclude from the determination any income from assets accumulated in an account that is part of a qualified ABLE program under section 529A of the Internal Revenue Code.

History: 2015 a. 55 , 312 ; 2019 a. 9 .
Wis. Stat. § 458.105 — WI Code / Chapter 458 / Section 458.105
Certificate number.
Status: in_force

The department shall assign a certificate number to each individual who is certified or licensed under this subchapter and shall place the number upon each certificate prior to its issuance.

History: 1991 a. 39 s. 3418e ; 2017 a. 113 .
Wis. Stat. § 40.32 — WI Code / Chapter 40 / Section 40.32
Limitations on contributions.
Status: in_force

(1) The sum of all employee post-tax contributions allocated to a participant’s account may not in any calendar year exceed the maximum contribution limitation established under section 415 (c) of the Internal Revenue Code, as adjusted under section 415 (d) of the Internal Revenue Code and any applicable regulations adopted by the federal department of the treasury.

(2) The department may provide by rule additional limitations for participants who are participating in more than one retirement system.

(3) Any contribution that the department receives, which is allocated to the account of a participant and which exceeds the contributions limitation under this section, may be refunded or credited as provided in s. 40.08 (6) . If the department refunds any contributions that exceed the limitation under this section, the department shall first refund amounts voluntarily contributed by a participating employee as an additional contribution under s. 40.05 (1) (a) 5.

History: 1995 a. 302 ; 1997 a. 237 ; 2011 a. 10 ; 2013 a. 20 .
Wis. Stat. § 409.802 — WI Code / Chapter 409 / Section 409.802
Savings clause.
Status: in_force

(1) Preeffective-date transactions or liens. Except as otherwise provided in this subchapter, 2011 Wisconsin Act 206 applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before July 1, 2013.

(2) Preeffective-date proceedings. 2011 Wisconsin Act 206 does not affect an action, case, or proceeding commenced before July 1, 2013.

History: 2011 a. 206 .
Wis. Stat. § 609.837 — WI Code / Chapter 609 / Section 609.837
Copayment equality for oral and injected chemotherapy.
Status: in_force

Limited service health organizations, preferred provider plans, and defined network plans are subject to s. 632.867 .

History: 2013 a. 186 .
Wis. Stat. § 857.29 — WI Code / Chapter 857 / Section 857.29
Personal representative may plat land.
Status: in_force

The court may by order authorize the personal representative to plat land which is a part of the estate, either alone or together with other owners of the real estate. The personal representative must comply with the same statutes, ordinances and rules which apply to a person who is platting the person’s own land.

History: 1993 a. 486 .
Wis. Stat. § 179.0605 — WI Code / Chapter 179 / Section 179.0605
Effect of dissociation as general partner.
Status: in_force

(1) If a person is dissociated as a general partner, all of the following apply:

(a) The person’s right to participate as a general partner in the management and conduct of the limited partnership’s activities and affairs terminates.

(b) The person’s duties and obligations as a general partner under s. 179.0409 end with regard to matters arising and events occurring after the person’s dissociation.

(c)

1. The person may sign and deliver to the department for filing a statement of dissociation pertaining to the person and, at the request of the limited partnership, shall sign an amendment to the certificate of limited partnership which states that the person has dissociated as a general partner.

2. The statement of dissociation or amendment under subd. 1. is a limitation on the authority of a person dissociated as a partner for the purposes of s. 179.04023 .

(d) Subject to s. 179.0704 and subch. XI , any transferable interest owned by the person in the person’s capacity as a general partner immediately before dissociation is owned by the person solely as a transferee.

(2) A person’s dissociation as a general partner does not of itself discharge the person from any debt, obligation, or other liability to the limited partnership or the other partners which the person incurred while a general partner.

(3m) Continued use of a limited partnership name, or the name of a person dissociated as a partner as part of the partnership name, by partners continuing the partnership’s activities and affairs does not of itself make the person dissociated as a partner liable for an obligation of the partners or the partnership continuing the partnership’s activities and affairs.

History: 2021 a. 258 .
Wis. Stat. § 409.209 — WI Code / Chapter 409 / Section 409.209
Duties of secured party if account debtor has been notified of assignment.
Status: in_force

(1) Applicability of section. Except as otherwise provided in sub. (3) , this section applies if:

(a) There is no outstanding secured obligation; and

(b) The secured party is not committed to make advances, incur obligations, or otherwise give value.

(2) Duties of secured party after receiving demand from debtor. Within 10 days after receiving an authenticated demand by the debtor, a secured party shall send to an account debtor that has received notification of an assignment to the secured party as assignee under s. 409.406 (1) an authenticated record that releases the account debtor from any further obligation to the secured party.

(3) Inapplicability to sales. This section does not apply to an assignment constituting the sale of an account, chattel paper, or payment intangible.

History: 2001 a. 10 .