Amendment ASA1-AB768

AB768-ASA1,462,24 633.15 (2) (b) 1. (intro.) Except as provided in par. pars. (c) and (d), the commissioner may revoke, suspend or limit the license of an administrator after a hearing if the commissioner makes any of the following findings:

AB768-ASA1, s. 602 Section 602. 633.15 (2) (d) of the statutes is created to read:

AB768-ASA1,463,3 633.15 (2) (d) For liability for delinquent taxes. The commissioner shall revoke or refuse to renew a license issued under s. 633.14 if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes.

AB768-ASA1, s. 602c Section 602c. 645.69 (1) of the statutes is amended to read:

AB768-ASA1,463,9 645.69 (1) A claim against a health maintenance organization insurer or an insurer described in s. 609.91 (1m) for health care costs, as defined in s. 609.01 (1j), for which an enrolled participant enrollee, as defined in s. 609.01 (1d), policyholder or insured of the health maintenance organization insurer or other insurer is not liable under ss. 609.91 to 609.935.

AB768-ASA1, s. 602e Section 602e. 645.69 (2) of the statutes is amended to read:

AB768-ASA1,463,13 645.69 (2) A claim for health care costs, as defined in s. 609.01 (1j), for which an enrolled participant enrollee, as defined in s. 609.01 (1d), or policyholder of a health maintenance organization is not liable for any reason.

AB768-ASA1, s. 602g Section 602g. 646.31 (1) (d) 8. of the statutes is amended to read:

AB768-ASA1,463,17 646.31 (1) (d) 8. Made for health care costs, as defined in s. 609.01 (1j), for which an enrolled participant enrollee, as defined in s. 609.01 (1d), or policyholder of a health maintenance organization insurer is not liable under ss. 609.91 to 609.935.

AB768-ASA1, s. 602i Section 602i. 646.31 (1) (d) 9. of the statutes is amended to read:

AB768-ASA1,463,21 646.31 (1) (d) 9. Made for health care costs, as defined in s. 609.01 (1j), for which an enrolled participant enrollee, as defined in s. 609.01 (1d), or policyholder of a health maintenance organization is not liable for any reason.

AB768-ASA1, s. 603 Section 603. 701.06 (5) (intro.) of the statutes is amended to read:

AB768-ASA1,464,3 701.06 (5) Claims for public support. (intro.) Notwithstanding any provision in the creating instrument or subs. (1) and (2), if the settlor is legally obligated to pay for the public support of a beneficiary under s. 46.10 or 301.12 or the beneficiary is legally obligated to pay for the beneficiary's public support or that furnished the beneficiary's spouse or minor child under s. 46.10 or 301.12, upon application by the appropriate state department or county official, the court may:

AB768-ASA1, s. 604 Section 604. 751.15 of the statutes is created to read:

AB768-ASA1,464,7 751.15 Rules regarding the practice of law. (1) The supreme court is requested to enter into a memorandum of understanding with the department of revenue under s. 73.0301.

AB768-ASA1,464,12 (2) The supreme court is requested to promulgate rules that require each person, as a condition of membership in the state bar, to provide the board of bar examiners with his or her social security number and that prohibit the disclosure of that number to any person except the department of revenue for the sole purpose of making certifications under s. 73.0301.

AB768-ASA1,464,17 (3) The supreme court is requested to promulgate rules that deny an application for a license to practice law or revoke a license to practice law already issued if the applicant or licensee fails to provide the information required under rules promulgated under sub. (2) or if the department of revenue certifies that the applicant or licensee is liable for delinquent taxes under s. 73.0301.

AB768-ASA1, s. 605 Section 605. 753.075 (3) (a) of the statutes is amended to read:

AB768-ASA1,465,11 753.075 (3) (a) Temporary reserve judges shall receive a per diem of $205 $255.66. Commencing August 1, 1993, temporary reserve judges shall receive a per diem of $225. Commencing August 2, 1994, and every August 2 thereafter 1998, the per diem for temporary reserve judges shall be increased by the same percentage increase as the total percentage increase in authorized for circuit court judges' salaries authorized during the preceding 12-month period ending on August 1. While serving outside the county in which they reside temporary reserve judges shall also receive actual and necessary expenses incurred in the discharge of judicial duties. This per diem compensation is not subject to s. 40.26 but the combined amount of this compensation and any other judicial compensation together with retirement annuities under the Wisconsin retirement system, the Milwaukee county retirement fund and other state, county, municipal, or other Wisconsin governmental retirement funds received by him or her during any one calendar year shall not exceed the yearly compensation of a circuit judge. The per diem compensation and actual and necessary expenses shall be paid from the appropriation under s. 20.625 (1) (a) when the judge is assigned to a circuit court and from the appropriation under s. 20.660 (1) (a) when the judge is assigned to the court of appeals.

AB768-ASA1, s. 605b Section 605b. 758.19 (4m) of the statutes is repealed.

AB768-ASA1, s. 605c Section 605c. 758.19 (6) (b) of the statutes is amended to read:

AB768-ASA1,465,22 758.19 (6) (b) From the appropriation under s. 20.625 (1) (e), the director of state courts, beginning on July 1, 1995, shall annually on July 1 pay to each county the county's share, as determined under par. (c), of the total appropriation under s. 20.625 (1) (e). The payment is designed to defray a county's guardian ad litem costs but, except as provided in par. (d), the director of state courts may not require a county to account for the county's guardian ad litem costs or the manner in which or the purposes for which the county expends the payment. The payment shall be made only to those counties that submit the information required under par. (d) by the preceding May 15.

AB768-ASA1, s. 605g Section 605g. 758.19 (6) (d) (intro.) of the statutes is amended to read:

AB768-ASA1,466,3 758.19 (6) (d) (intro.) Annually, no later than July 1 May 15, each county shall submit to the director of state courts, in a format that the director of state courts establishes, all of the following:

AB768-ASA1, s. 605j Section 605j. 758.19 (6) (e) of the statutes is created to read:

AB768-ASA1,466,8 758.19 (6) (e) 1. No county may receive a payment under subd. 2. or par. (b) that results in the county receiving more than the total cost of guardian ad litem compensation that the county incurred and reported to the director of state courts under par. (d) 1.

AB768-ASA1,466,19 2. After calculating the payment amount for each county under par. (c) 2., the director of state courts shall distribute any money remaining, after deducting the amount to be paid under par. (b), to those counties that reported as required under par. (d) and whose payment amount under par. (b) is less than the total cost of guardian ad litem compensation that the county incurred and reported to the director of state courts under par. (d) 1. The additional amount distributed to a county under this subdivision shall be determined by using the procedures under par. (c) 2., except that the sum to be used in the multiplication shall be the money remaining after deducting the amount to be paid under par. (b). The money to be distributed under this subdivision shall be added to the amount to be paid under par. (b) and made as a single payment to each county on July 1.

AB768-ASA1, s. 606 Section 606. 767.32 (1) (b) 4. of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,467,3 767.32 (1) (b) 4. A difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the percentage standard established by the department under s. 49.22 (9) if the court did not use the percentage standard in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 301.12 (14) (d), 767.25 (1n) , 767.51 (5d) or 767.62 (4) (f), whichever is appropriate.

AB768-ASA1, s. 607 Section 607. 767.32 (2r) of the statutes is amended to read:

AB768-ASA1,467,8 767.32 (2r) If the court revises a judgment or order providing for child support that was entered under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2), the court shall determine child support in the manner provided in s. 46.10 (14) or 301.12 (14), whichever is applicable.

AB768-ASA1, s. 608 Section 608. 767.32 (2s) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,467,15 767.32 (2s) In an action under sub. (1), the court may not approve a stipulation for the revision of a judgment or order with respect to an amount of child support or family support unless the stipulation provides for payment of an amount of child support or family support that is determined in the manner required under s. 46.10 (14), 301.12 (14), 767.25 , 767.51 or 767.62 (4), whichever is appropriate.

AB768-ASA1, s. 609 Section 609. 779.14 (1) (title) of the statutes is created to read:

AB768-ASA1,467,17 779.14 (1) (title) Definition.

AB768-ASA1, s. 610 Section 610. 779.14 (1e) (title) of the statutes is created to read:

AB768-ASA1,467,20 779.14 (1e) (title) Contract requirements regarding duties of prime contractor.

AB768-ASA1, s. 611 Section 611. 779.14 (1e) (b) of the statutes is created to read:

AB768-ASA1,468,2 779.14 (1e) (b) All contracts that are in excess of $30,000, as indexed under sub. (1s), and that are for the performance of labor or furnishing materials for a public improvement or public work shall contain a provision under which the prime contractor agrees, to the extent practicable, to maintain a list of all subcontractors and suppliers performing labor or furnishing materials under the contract.

AB768-ASA1, s. 612 Section 612. 779.14 (1m) (title) of the statutes is created to read:

AB768-ASA1,468,4 779.14 (1m) (title) Payment and performance assurance requirements.

AB768-ASA1, s. 613 Section 613. 779.14 (1m) (a) of the statutes, as affected by 1997 Wisconsin Acts 27 and 39, is renumbered 779.14 (1e) (a) and amended to read:

AB768-ASA1,468,16 779.14 (1e) (a) All contracts with the state involving $2,500 or more and all other contracts involving $500 $10,000 or more for the performance of labor or furnishing materials when the same pertains to any public improvement or public work shall contain a provision for the payment by the prime contractor of all claims for labor performed and materials furnished, used or consumed in making the public improvement or performing the public work, including, without limitation because of enumeration, fuel, lumber, building materials, machinery, vehicles, tractors, equipment, fixtures, apparatus, tools, appliances, supplies, electric energy, gasoline, motor oil, lubricating oil, greases, state imposed taxes, premiums for worker's compensation insurance and contributions for unemployment insurance.

AB768-ASA1, s. 614 Section 614. 779.14 (1m) (b) 1. of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

AB768-ASA1, s. 615 Section 615. 779.14 (1m) (b) 1m. of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 779.14 (1m) (f) and amended to read:

AB768-ASA1,468,23 779.14 (1m) (f) (title) Direct purchase contracts. The bonding requirement under subd. 1. does Paragraphs (c) and (d) do not apply to a contract for the direct purchase of materials by the state or by a local unit of government.

AB768-ASA1, s. 616 Section 616. 779.14 (1m) (b) 2. of the statutes is renumbered 779.14 (1m) (e) 2., and 779.14 (1m) (e) 2. (intro.) and b., as renumbered, are amended to read:

AB768-ASA1,469,3 779.14 (1m) (e) 2. (intro.) The A bond required under par. (c) or (d) shall carry a penalty of not less than the contract price, and shall be conditioned for all of the following:

AB768-ASA1,469,7 b. The payment to every person, including every subcontractor or supplier, of all claims that are entitled to payment for labor performed and materials furnished for the purpose of making the public improvement or performing the public work as provided in the contract and this subsection sub. (1e) (a).

AB768-ASA1, s. 617 Section 617. 779.14 (1m) (b) 3. of the statutes is renumbered 779.14 (1m) (e) 3. and amended to read:

AB768-ASA1,469,15 779.14 (1m) (e) 3. The A bond required under par. (c) shall be approved for the state by the state official authorized to enter the contract,. A bond required under par. (d) shall be approved for a county by its corporation counsel, for a city by its mayor, for a village by its president, for a town by its chairperson, for a school district by its president and for any other public board or body by the presiding officer thereof.

AB768-ASA1, s. 618 Section 618. 779.14 (1m) (b) 4. of the statutes is renumbered 779.14 (1m) (e) 4. and amended to read:

AB768-ASA1,469,20 779.14 (1m) (e) 4. No assignment, modification or change of the contract, change in the work covered thereby or extension of time for the completion of the contract may release the sureties on the a bond required under par. (c) or (d).

AB768-ASA1, s. 619 Section 619. 779.14 (1m) (b) 5. of the statutes is renumbered 779.14 (1m) (e) 5. and amended to read:

AB768-ASA1,470,2 779.14 (1m) (e) 5. Neither the invitation for bids nor the person having power to approve the prime contractor's bond may require that the a bond required under par. (c) or (d) be furnished by a specified surety company or through a specified agent or broker.

AB768-ASA1, s. 620 Section 620. 779.14 (1m) (c) and (d) of the statutes are created to read:

AB768-ASA1,470,6 779.14 (1m) (c) State contracts. The following requirements apply to contracts with the state for the performance of labor or furnishing materials for a public improvement or public work:

AB768-ASA1,470,8 1. In the case of a contract with a contract price exceeding $10,000, as indexed under sub. (1s), but not exceeding $100,000, as indexed under sub. (1s):

AB768-ASA1,470,17 a. The contract shall include a provision which allows the state to make direct payment to subcontractors or to pay the prime contractor with checks that are made payable to the prime contractor and to one or more subcontractors. This subd. 1. a. does not apply to any contract entered into by the state under authority granted under chs. 84, 85 and 86. This subd. 1. a. also does not apply to any contract with a town, city, village, county or school district for the construction, improvement, extension, repair, replacement or removal of a transportation facility, as defined under s. 84.185 (1) (d); bikeway, as defined under s. 84.60 (1) (a); bridge; parking lot or airport facility.

AB768-ASA1,470,22 b. The contract shall comply with written standards established by the department of administration. Written standards established under this subd. 1. b. shall include criteria for determining whether the contract requires payment or performance assurances and, if so, what payment or performance assurances are required.

AB768-ASA1,470,24 2. In the case of a contract with a contract price exceeding $100,000, as indexed under sub. (1s), but not exceeding $250,000, as indexed under sub. (1s):

AB768-ASA1,471,9 a. The contract shall include a provision which allows the state to make direct payment to subcontractors or to pay the prime contractor with checks that are made payable to the prime contractor and to one or more subcontractors. This subd. 2. a. does not apply to any contract entered into by the state under authority granted under chs. 84, 85 and 86. This subd. 2. a. also does not apply to any contract with a town, city, village, county or school district for the construction, improvement, extension, repair, replacement or removal of a transportation facility, as defined under s. 84.185 (1) (d); bikeway, as defined under s. 84.60 (1) (a); bridge; parking lot or airport facility.

AB768-ASA1,471,22 b. The contract shall require the prime contractor to provide a payment and performance bond meeting the requirements of par. (e), unless the department of administration allows the prime contractor to substitute a different payment assurance for the payment and performance bond. The department of administration may allow a prime contractor to substitute a different payment and performance assurance for the payment and performance bond only after the contract has been awarded and only if the substituted payment and performance assurance is for an amount at least equal to the contract price and is in the form of a bond, an irrevocable letter of credit or an escrow account acceptable to the department of administration. The department of administration shall establish written standards under this subd. 2. b. governing when a different payment and performance assurance may be substituted for a payment and performance bond under par. (e).

AB768-ASA1,471,25 3. In the case of a contract with a contract price exceeding $250,000, as indexed under sub. (1s), the contract shall require the prime contractor to obtain a payment and performance bond meeting the requirements under par. (e).

AB768-ASA1,472,3 (d) Local government contracts. The following requirements apply to contracts, other than contracts with the state, for the performance of labor or furnishing materials for a public improvement or public work:

AB768-ASA1,472,5 1. In the case of a contract with a contract price exceeding $10,000, as indexed under sub. (1s), but not exceeding $50,000, as indexed under sub. (1s):

AB768-ASA1,472,13 a. The contract shall include a provision which allows the governmental body that is authorized to enter into the contract to make direct payment to subcontractors or to pay the prime contractor with checks that are made payable to the prime contractor and to one or more subcontractors. This subd. 1. a. does not apply to any contract with a town, city, village, county or school district for the construction, improvement, extension, repair, replacement or removal of a transportation facility, as defined under s. 84.185 (1) (d); bikeway, as defined under s. 84.60 (1) (a); bridge; parking lot or airport facility.

AB768-ASA1,472,18 b. The contract shall comply with written standards established by the public body authorized to enter into the contract. Written standards established under this subd. 1. b. shall include criteria for determining whether the contract requires payment or performance assurances and, if so, what payment or performance assurances are required.

AB768-ASA1,472,20 2. In the case of a contract with a contract price exceeding $50,000, as indexed under sub. (1s), but not exceeding $100,000, as indexed under sub. (1s):

AB768-ASA1,473,3 a. The contract shall include a provision which allows the governmental body that is authorized to enter into the contract to make direct payment to subcontractors or to pay the prime contractor with checks that are made payable to the prime contractor and to one or more subcontractors. This subd. 2. a. does not apply to any contract with a town, city, village, county or school district for the construction, improvement, extension, repair, replacement or removal of a transportation facility, as defined under s. 84.185 (1) (d); bikeway, as defined under s. 84.60 (1) (a); bridge; parking lot or airport facility.

AB768-ASA1,473,15 b. The contract shall require the prime contractor to provide a payment and performance bond meeting the requirements of par. (e), unless the public body authorized to enter into the contract allows the prime contractor to substitute a different payment assurance for the payment and performance bond. The public body may allow a prime contractor to substitute a different payment and performance assurance for the payment and performance bond only if the substituted payment and performance assurance is for an amount at least equal to the contract price and is in the form of a bond, an irrevocable letter of credit or an escrow account acceptable to the public body. The public body shall establish written standards under this subd. 2. b. governing when a different payment and performance assurance may be substituted for a payment and performance bond under par. (e).

AB768-ASA1,473,18 3. In the case of a contract with a contract price exceeding $100,000, as indexed under sub. (1s), the contract shall require the prime contractor to obtain a payment and performance bond meeting the requirements under par. (e).

AB768-ASA1, s. 621 Section 621. 779.14 (1m) (e) (title) of the statutes is created to read:

AB768-ASA1,473,20 779.14 (1m) (e) Bonding requirements.

AB768-ASA1, s. 622 Section 622. 779.14 (1s) of the statutes is created to read:

AB768-ASA1,474,3 779.14 (1s) Indexing of contract thresholds. If a dollar amount is to be indexed under this subsection, the department of workforce development shall adjust the dollar amount biennially, the first adjustment to be made not sooner than December 1, 1998. The adjustment shall be in proportion to any change in construction costs since the effective date of this subsection under this subsection, or the last adjustment whichever is later. No adjustment shall be made for a biennium, if the adjustment to be made would be less than 5%.

AB768-ASA1, s. 623 Section 623. 779.14 (2) (title) of the statutes is created to read:

AB768-ASA1,474,5 779.14 (2) (title) Actions on a performance and payment bond.

AB768-ASA1, s. 624 Section 624. 779.14 (2) (a) 2. of the statutes is amended to read:

AB768-ASA1,474,12 779.14 (2) (a) 2. Except as provided in subd. 3., failure of the prime contractor or a subcontractor of the prime contractor to comply with a contract, whether express or implied, with a subcontractor or supplier for the performance of labor or furnishing of materials for the purpose of making the public improvement or performing the public work that is the subject of the contract under sub. (1m) with the governmental entity.

AB768-ASA1, s. 625 Section 625. 779.14 (2) (a) 3. of the statutes is amended to read:

AB768-ASA1,474,19 779.14 (2) (a) 3. With respect to contracts entered into under s. 84.06 (2) for highway improvements, failure of the prime contractor to comply with a contract, whether express or implied, with a subcontractor or supplier of the prime contractor for the performance of labor or furnishing of materials for the purpose of making the highway improvement that is the subject of the contract under sub. (1m) with the governmental entity.

AB768-ASA1, s. 626 Section 626. 779.14 (2) (am) 2. c. of the statutes is amended to read:

AB768-ASA1,474,24 779.14 (2) (am) 2. c. The subcontractor or supplier is listed in the list required to be maintained under sub. (1m) (b) 1. (1e) (b) or in a written contract, or in a document appended to a written contract, between a subcontractor or supplier and the prime contractor.

AB768-ASA1, s. 627 Section 627. 779.14 (3) (title) of the statutes is created to read:

AB768-ASA1,475,1 779.14 (3) (title) Actions by a county.

AB768-ASA1, s. 641 Section 641. 788.01 of the statutes is amended to read:

AB768-ASA1,475,12 788.01 Arbitration clauses in contracts enforceable. A provision in any written contract to settle by arbitration a controversy thereafter arising out of such contract, or out of the refusal to perform the whole or any part thereof, or an agreement in writing between two or more persons to submit to arbitration any controversy existing between them at the time of the agreement to submit, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract. This chapter shall not apply to contracts between employers and employes, or between employers and associations of employes, except as provided in s. 111.10, nor to agreements to arbitrate disputes under s. 101.143 (6s) or 230.44 (4) (bm).

AB768-ASA1, s. 670g Section 670g. 814.69 (2) of the statutes is repealed.