FrankGoortani/open-us-law huggingface dataset:
Wis. Stat. § 895.67 — WI Code / Chapter 895 / Section 895.67
Approval of transfers of structured settlement payment rights.
Status: in_force

(1) No direct or indirect transfer of structured settlement payment rights may take effect and no structured settlement obligor or annuity issuer may be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless, after the hearing required under s. 895.69 (2) , the transfer has been approved in advance in a final court order based on express findings by the court that all of the following are true:

(a) The transfer is in the best interest of the payee, taking into account the welfare and support of the payee’s dependents.

(b) The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received such advice or knowingly waived in writing the opportunity to seek and receive such advice.

(c) The transfer does not contravene any applicable statute or the order of any court or other government authority.

(2) A court may consider any of the following when making a determination under sub. (1) (a) :

(a) Whether the payee understands the financial ramifications of the transfer agreement and is entering into the agreement voluntarily.

(b) The financial terms of the transfer agreement.

(c) Whether the payee is delinquent in the payment of taxes in this state or in any payments required to be made pursuant to a restitution order in a criminal or juvenile delinquency proceeding, or pursuant to a child support order.

(d) Any other considerations the court deems appropriate.

(3) In addition to the considerations in sub. (2) , if the payee is a minor or has been adjudicated incompetent, the court shall consider all of the following when making a determination under sub. (1) (a) :

(a) The physical and mental health of the payee.

(b) The payee’s overall financial situation.

History: 2015 a. 94 .
Wis. Stat. § 93.40 — WI Code / Chapter 93 / Section 93.40
Dairy promotion.
Status: in_force

(1) Duties. The department shall:

(a) Promote the sale of Wisconsin dairy products.

(b) Stimulate, promote, advertise and publicize the dairy industry in this state.

(c) Create an accurate national and international image of the state dairy industry.

(d) Encourage all farmers and dairy businesses to participate in available education programs.

(e) Encourage and cooperate with communities, groups and individuals in the state in pursuing the dairy promotion objectives of the department.

(f) Coordinate and stimulate the orderly and ecologically sound development of the dairy industry throughout the state.

(g) Promote the growth of the dairy industry through research, planning, and assistance, including grants and loans to dairy producers and grants to persons operating processing plants.

(2) Sales. The department shall annually formulate a plan to encourage the marketing of dairy products and the promotion of the dairy industry of the state for the ensuing year, and shall implement the plan. The department shall cooperate with farmers, dairy businesses and organizations to assure coordination with private plans and programs.

(3) Services. The department may:

(a) Collect and disseminate information as to the availability and the economic and nutritional advantages of dairy products.

(b) Establish, manage and operate permanent or temporary dairy promotion centers to be operated by the department in cooperation with the department of tourism tourist information centers along major highways into the state.

(c) Provide advice and service to persons or groups engaged in the dairy industry.

(d) Conduct research into the status and needs of the dairy industry.

(4) Advertising. The department shall plan and conduct a program of advertising designed to promote the dairy industry. Any contracts engaging a private agency to conduct an advertising or promotion program under this subsection shall reserve to the department the right to terminate the contract if the service is unsatisfactory to the department. The department shall encourage and coordinate the efforts of public and private organizations to publicize the dairy industry. Any public or private organization not organized or incorporated for profit may apply to the department for advertising funds under this section. Prior to applying for these funds, each prospective applicant shall submit a plan and budget specifying the media to be used, the market to be approached, the dairy product or component of the dairy industry to be promoted and the applicant’s estimated expenditures and receipts for the various projects within the plan. The department may promulgate rules imposing additional requirements to ensure that public funds are efficiently used to promote dairy products and the dairy industry of this state.

History: 1981 c. 357 ; 1987 a. 186 ; 1991 a. 39 ; 1995 a. 27 ; 2011 a. 32 ; 2013 a. 20 .
Wis. Stat. § 701.1130 — WI Code / Chapter 701 / Section 701.1130
Disbursements from income.
Status: in_force

A trustee shall make the following disbursements from income to the extent that they are not disbursements specified in s. 701.1110 (2) (b) or (c) :

(1) One-half of the regular compensation of the trustee and of any person providing investment advisory or custodial services to the trustee.

(2) One-half of all expenses for accountings, judicial proceedings, or other matters that involve both the income and remainder interests.

(3) All of the other ordinary expenses incurred in connection with the administration, management, or preservation of trust property and the distribution of income, including interest, ordinary repairs, regularly recurring taxes assessed against principal, and expenses of a proceeding or other matter that concerns primarily the income interest.

(4) Recurring premiums on insurance covering the loss of a principal asset or the loss of income from or use of the asset.

History: 2013 a. 92 s. 278 .
Wis. Stat. § 23.69 — WI Code / Chapter 23 / Section 23.69
Motions.
Status: in_force

Any motion which is capable of determination without the trial of the general issue shall be made before trial.

History: 1975 c. 365 .
Wis. Stat. § 408.504 — WI Code / Chapter 408 / Section 408.504
Duty of securities intermediary to maintain financial asset.
Status: in_force

(1) A securities intermediary shall promptly obtain and thereafter maintain a financial asset in a quantity corresponding to the aggregate of all security entitlements it has established in favor of its entitlement holders with respect to that financial asset. The securities intermediary may maintain those financial assets directly or through one or more other securities intermediaries.

(2) Except to the extent otherwise agreed by its entitlement holder, a securities intermediary may not grant any security interests in a financial asset it is obligated to maintain pursuant to sub. (1) .

(3) A securities intermediary satisfies the duty in sub. (1) if:

(a) The securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary; or

(b) In the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to obtain and maintain the financial asset.

(4) This section does not apply to a clearing corporation that is itself the obligor of an option or similar obligation to which its entitlement holders have security entitlements.

History: 1997 a. 297 .
Wis. Stat. § 178.1008 — WI Code / Chapter 178 / Section 178.1008
Withdrawal on dissolution or conversion to nonfiling entity other than limited liability partnership.
Status: in_force

(1)

(a) A registered foreign limited liability partnership that has dissolved and completed winding up or has converted to, or merged into, a domestic or foreign entity whose formation does not require the delivery of a record for filing by the department, other than a limited liability partnership, shall deliver a statement of withdrawal to the department for filing, as provided in s. 178.1011 .

(b) In the case of a merger or conversion, the statement under par. (a) must also state the name and type of entity to which or into which the partnership has converted or merged and the jurisdiction of its governing law.

(2) After a withdrawal under this section is effective, service of process in any action or proceeding based on a cause of action arising during the time the foreign limited liability partnership was registered to do business in this state may be made pursuant to s. 178.0912 , as provided in s. 178.1011 (2) .

History: 2015 a. 295 .
Wis. Stat. § 4.56 — WI Code / Chapter 4 / Section 4.56
Fifty-sixth assembly district.
Status: in_force

All of the following territory constitutes the 56th assembly district:

(1) Outagamie County. That part of Outagamie County consisting of all of the following:

(a) The towns of Black Creek, Bovina, Center, Deer Creek, Ellington, Greenville, Hortonia, Liberty, Maine, and Maple Creek.

(b) That part of the town of Grand Chute comprising U.S. census tract 11101, blocks 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4019, 4024, 4027, 4028, 4029, 4030, 4031, 4032, and 4037; and tract 11103, blocks 1000, 1001, 1002, 1010, 1011, 1012, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, and 2017; and tract 11104, blocks 2000, 2001, 2002, 2003, 2004, and 2007; and tract 12503, blocks 1000, 1003, 1004, 1005, 1008, 1010, 1013, 1014, 1015, 1017, 1018, 1019, 1023, 1026, 1027, 1032, 1035, 1040, 2001, 2003, and 2004; and tract 12504, blocks 1033, 1036, 1039, 1040, 1041, and 1051; and tract 12505, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3015, and 3016.

(c) The villages of Bear Creek, Black Creek, Hortonville, and Shiocton.

(d) That part of the city of Appleton comprising U.S. census tract 11400, blocks 1000, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 5000, 5001, 5002, 5007, 5008, 5009, 5011, and 5012; and tract 12503, blocks 1001, 1002, 1006, 1007, 1009, 1011, 1012, 1016, 1020, 1021, 1022, 1024, 1025, 1028, 1029, 1030, 1031, 1033, 1034, 1036, 1037, 1038, 1039, 1041, 1042, 2000, 2002, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, and 2027; and tract 12504, blocks 1031, 1032, 1034, 1035, 1037, 1038, 1049, 1050, and 3019; and tract 12505, blocks 3013, 3014, and 3017; and tract 12902, blocks 1029, 1035, 1036, and 1040.

(e) That part of the city of New London located in the county.

(2) Waupaca County. That part of Waupaca County consisting of all of the following:

(a) The towns of Bear Creek, Lebanon, and Mukwa.

(b) That part of the city of New London located in the county.

History: 2023 a. 94 .
Wis. Stat. § 553.78 — WI Code / Chapter 553 / Section 553.78
Preemption.
Status: in_force

This chapter shall not preempt the administration of ch. 96 , 100 , 125 , 133 , 168 or 218 . False, fraudulent and deceptive practices in connection with the offer, purchase or sale of a franchise defined by rule of the division under s. 553.58 (1) may also constitute unfair methods of competition in business or unfair trade practices in business under s. 100.20 (1) or fraudulent advertising under s. 100.18 .

History: 1971 c. 241 ; 1981 c. 79 s. 18 ; 1995 a. 27 .
Wis. Stat. § 452.139 — WI Code / Chapter 452 / Section 452.139
Changes in common law duties and liabilities of brokers and parties.
Status: in_force

(1) Common law duties of firms. The duties of a firm specified in this chapter or in rules promulgated under this chapter shall supersede duties or obligations under common law to the extent that those common law duties or obligations are inconsistent with the duties specified in this chapter or in rules promulgated under this chapter.

(2) Misrepresentation.

(a) A client is not liable for a misrepresentation made in connection with the provision of brokerage services by a firm or any licensee associated with the firm, unless the client knows or should have known of the misrepresentation or the firm or licensee is repeating a misrepresentation made by the client.

(b) A firm that is providing brokerage services to a client and that retains another firm to provide brokerage services as a subagent is not liable for a misrepresentation made by the subagent or any licensee associated with the subagent, unless the firm knew or should have known of the misrepresentation or the subagent or licensee is repeating a misrepresentation made to by the firm or any licensee associated with the firm.

(c) Nothing in this subsection limits the responsibility of a firm under s. 452.12 (3) for misrepresentations made by a licensee associated with the firm. Nothing in this subsection limits the liability of a client for a misrepresentation that the client makes in connection with brokerage services.

(3) Liability for negligent hiring. If a licensee associated with a firm commits a crime under the laws of this state or another wrongful act, the firm may not be held civilly liable for hiring that licensee in a claim brought for negligent hiring if, regardless of whether the firm conducted its own investigation, the firm relied on the investigations conducted by the department under s. 440.03 (13) or on any determination made by the board, including a determination under s. 111.335 (4) (f) or 452.25 .

History: 1993 a. 127 ; 2001 a. 16 ; 2005 a. 87 ; 2013 a. 288 ; 2015 a. 258 ; 2017 a. 278 .
Wis. Stat. § 429.207 — WI Code / Chapter 429 / Section 429.207
Restrictions on early termination obligation.
Status: in_force

(1) The lessee has the right to terminate the consumer lease at any time.

(2) If a consumer lease is terminated before the expiration date set forth in the consumer lease and no applicable option to purchase is exercised by the lessee, the early termination obligation of the lessee may not exceed an amount equal to the sum of the following amounts:

(a) Any unpaid lease payments that have accrued as of the date of termination of the consumer lease.

(b) Any other amounts unpaid by the lessee, other than excess mileage charges, arising under the terms of the consumer lease or not prohibited by this chapter or chs. 421 to 427 .

(c) Any official fees and taxes imposed in connection with termination of the consumer lease.

(d) The amount set forth in the consumer lease as a disposition or other early termination fee, not to exceed the average payment allocable to a monthly period under the consumer lease.

(e) The reasonable costs of retaking, storing, preparing for sale and selling the motor vehicle, except that a cost may not be imposed under this paragraph if, in the event of a default, the cost could not be charged under s. 422.413 .

(f) Any positive amount determined by subtracting the realized value from any of the following:

1. The sum of the balance subject to a rent charge and the rent charge earned in advance for the computational period in which the early termination occurs, calculated in accordance with the constant yield method or any other generally accepted accounting principle.

2. An amount determined in accordance with generally accepted actuarial principles under which the rent charge is calculated on the adjusted capitalized cost for the time outstanding.

(3) A holder may credit against the balance of the lessee’s early termination obligation any refundable security deposit or advance lease payments held by the holder. The excess of any refundable security deposit or advance lease payment over the amount of the lessee’s early termination obligation shall be promptly returned to the lessee.

(4) This section does not limit or restrict the manner of calculating the lessee’s early termination obligation, if such obligation does not exceed the amount calculated under sub. (2) . Such manner may include calculation of the unamortized capitalized cost, or the discounted present value of remaining lease payments, multiples of monthly lease payments or payments on another periodic basis.

History: 1995 a. 329 ; 1997 a. 48 .
Wis. Stat. § 943.74 — WI Code / Chapter 943 / Section 943.74
Theft of farm-raised fish.
Status: in_force

(1) In this section:

(a) “Farm-raised fish” means a fish that is kept on a fish farm for propagation purposes or reared on a fish farm and that has not been introduced, stocked, or planted into waters outside a fish farm and that has not escaped from a fish farm.

(b) “Fish farm” means a facility at which a person, including this state or a local governmental unit, hatches fish eggs or rears fish for the purpose of introduction into the waters of the state, human or animal consumption, permitting fishing, or use as bait or fertilizer or for sale to another person to rear for one of those purposes.

(c) “Local governmental unit” means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of the political subdivision or special purpose district, or a combination or subunit of any of the foregoing.

(2) No person may intentionally take and carry away, transfer, conceal, or retain possession of farm-raised fish of another without the other’s consent and with intent to deprive the owner permanently of possession of the farm-raised fish.

(3)

(a) Except as provided in par. (b) , whoever violates sub. (2) is guilty of a Class A misdemeanor.

(b) Whoever violates sub. (2) after having been convicted of a violation of sub. (2) is guilty of a Class D felony.

History: 2001 a. 91 , 105 .
Wis. Stat. § 812.41 — WI Code / Chapter 812 / Section 812.41
Garnishee liability.
Status: in_force

(1) If the garnishee fails to pay over funds to which the creditor is entitled under this subchapter within the time required under s. 812.39 , the creditor may, upon notice to all of the parties, move the court for judgment against the garnishee in the amount of the unsatisfied judgment plus interest and costs. The garnishee may assert the affirmative defense that the amount of the debtor’s nonexempt disposable earnings that the creditor should have been paid is less than the amount of the unsatisfied judgment balance. If the garnishee proves that defense, the garnishee’s liability is limited to the amount the creditor should have been paid or $100, whichever is greater.

(2) The debtor may move the court for judgment against the garnishee for the debtor’s actual damages if the garnishee deducts more from the debtor’s earnings than is authorized by this subchapter.

(3) In any proceeding under sub. (2) , the garnishee may assert the affirmative defense that the wrongful conduct of the garnishee was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid that error. If the garnishee proves that defense, liability of the garnishee is limited to the return to the debtor of any exempt disposable earnings paid to the creditor.

History: 1993 a. 80 .
Wis. Stat. § 16.115 — WI Code / Chapter 16 / Section 16.115
Fees.
Status: in_force

(1) The department shall establish by rule a schedule of annual fees to be paid by nuclear power plant operators and shall collect the fees until a regional facility operated under s. 16.11 begins accepting waste for disposal. The fees shall be based on the number of nuclear reactors at each plant and shall cover 75 percent of the state’s costs enumerated in sub. (3) incurred prior to the acceptance of waste at the facility.

(2) The department shall establish by rule a schedule of annual fees to be paid by generators, as defined under s. 16.11 (2) (j) , who use a compact facility, as defined in s. 16.11 (2) (d) , or a noncompact facility made available by an agreement entered into under s. 16.11 (3) (h) 6. for disposal, and, beginning with the operation of the facility, the department shall collect the fees. The fees shall be based on the volume and hazard of waste generated and shall cover the costs enumerated under sub. (3) which are incurred before and after the acceptance of waste for disposal at the facility. Any nuclear power plant operator who has paid a fee under sub. (1) shall receive credit on the fees required of the operator under this subsection at a rate determined by the department so that, over the first 5 years of the collection of fees under this subsection, the power plant operator receives total credits equal to the fees paid under sub. (1) . In addition to covering the costs enumerated under sub. (3) , the fees established under this subsection for the first 5 years after the acceptance of waste for disposal at the facility shall be sufficient to repay the loan from the general fund made under s. 20.505 (1) (b) , and the secretary shall lapse moneys from the appropriation under s. 20.505 (1) (g) to the general fund for that purpose over the 5-year period.

(3) The fees established under subs. (1) and (2) shall cover all of the following costs:

(a) The costs of state agencies in assisting the midwest interstate low-level radioactive waste commission member representing this state.

(b) The actual and necessary expenses of the commissioner in the performance of his or her duties.

(d) The costs of membership in and costs associated with the midwest interstate low-level radioactive waste compact.

History: 1983 a. 393 , 543 ; 1995 a. 115 ; 2005 a. 253 .
Wis. Stat. § 29.095 — WI Code / Chapter 29 / Section 29.095
Hunting on land in a school forest.
Status: in_force

If a school board decides under s. 120.13 (38) that hunting may be allowed in its school forest, as defined in s. 26.39 (1) (a) , the department shall establish and maintain open and closed seasons for game located in that school forest that are consistent with the open and closed seasons for game located on the lands adjacent to the school forest.

History: 2005 a. 290 .
Wis. Stat. § 20.929 — WI Code / Chapter 20 / Section 20.929
Agency drafts or warrants.
Status: in_force

The secretary of administration may authorize any state agency to issue drafts or warrants drawn on the state treasury. Such drafts or warrants may be issued only in connection with purchase orders authorized under subch. IV of ch. 16 and may not exceed $300 per draft or warrant. The secretary shall pay such drafts or warrants as presented and shall audit the purchase orders issued. Any purchase order that is disapproved by the secretary as unlawful or unauthorized shall be returned by the secretary to the state agency for reimbursement to the treasury. The secretary shall make written regulations for the implementation of this section. The secretary may require any state agency to utilize one or more separate depository accounts to implement this section. The illegal or unauthorized use of purchase orders and drafts or warrants under this section is subject to the remedies specified in s. 16.77 .

History: 1983 a. 27 s. 589 ; 1983 a. 368 s. 15 ; 1983 a. 538 ; 2003 a. 33 .