AB768-ASA1,467,1717
779.14
(1) (title)
Definition.
AB768-ASA1,467,2019
779.14
(1e) (title)
Contract requirements regarding duties of prime
20contractor.
AB768-ASA1,468,222
779.14
(1e) (b) All contracts that are in excess of $30,000, as indexed under sub.
23(1s), and that are for the performance of labor or furnishing materials for a public
24improvement or public work shall contain a provision under which the prime
1contractor agrees, to the extent practicable, to maintain a list of all subcontractors
2and suppliers performing labor or furnishing materials under the contract.
AB768-ASA1,468,44
779.14
(1m) (title)
Payment and performance assurance requirements.
AB768-ASA1,468,167
779.14
(1e) (a) All contracts
with the state involving
$2,500 or more and all
8other contracts involving $500 $10,000 or more for the performance of labor or
9furnishing materials when the same pertains to any public improvement or public
10work shall contain a provision for the payment by the prime contractor of all claims
11for labor performed and materials furnished, used or consumed in making the public
12improvement or performing the public work, including, without limitation because
13of enumeration, fuel, lumber, building materials, machinery, vehicles, tractors,
14equipment, fixtures, apparatus, tools, appliances, supplies, electric energy, gasoline,
15motor oil, lubricating oil, greases, state imposed taxes, premiums for worker's
16compensation insurance and contributions for unemployment insurance.
AB768-ASA1,468,2321
779.14
(1m) (f) (title)
Direct purchase contracts. The bonding requirement
22under subd. 1. does Paragraphs (c) and (d) do not apply to a contract for the direct
23purchase of materials by the state or by a local unit of government.
AB768-ASA1, s. 616
24Section
616. 779.14 (1m) (b) 2. of the statutes is renumbered 779.14 (1m) (e)
252., and 779.14 (1m) (e) 2. (intro.) and b., as renumbered, are amended to read:
AB768-ASA1,469,3
1779.14
(1m) (e) 2. (intro.)
The A bond
required under par. (c) or (d) shall carry
2a penalty of not less than the contract price, and shall be conditioned for all of the
3following:
AB768-ASA1,469,74
b. The payment to every person, including every subcontractor or supplier, of
5all claims that are entitled to payment for labor performed and materials furnished
6for the purpose of making the public improvement or performing the public work as
7provided in the contract and
this subsection sub. (1e) (a).
AB768-ASA1, s. 617
8Section
617. 779.14 (1m) (b) 3. of the statutes is renumbered 779.14 (1m) (e)
93. and amended to read:
AB768-ASA1,469,1510
779.14
(1m) (e) 3.
The A bond
required under par. (c) shall be approved for the
11state by the state official authorized to enter the contract
,. A bond required under
12par. (d) shall be approved for a county by its corporation counsel, for a city by its
13mayor, for a village by its president, for a town by its chairperson, for a school district
14by its president and for any other public board or body by the presiding officer
15thereof.
AB768-ASA1, s. 618
16Section
618. 779.14 (1m) (b) 4. of the statutes is renumbered 779.14 (1m) (e)
174. and amended to read:
AB768-ASA1,469,2018
779.14
(1m) (e) 4. No assignment, modification or change of the contract,
19change in the work covered thereby or extension of time for the completion of the
20contract may release the sureties on
the a bond
required under par. (c) or (d).
AB768-ASA1, s. 619
21Section
619. 779.14 (1m) (b) 5. of the statutes is renumbered 779.14 (1m) (e)
225. and amended to read:
AB768-ASA1,470,223
779.14
(1m) (e) 5. Neither the invitation for bids nor the person having power
24to approve the prime contractor's bond may require that
the a bond
required under
1par. (c) or (d) be furnished by a specified surety company or through a specified agent
2or broker.
AB768-ASA1, s. 620
3Section
620. 779.14 (1m) (c) and (d) of the statutes are created to read:
AB768-ASA1,470,64
779.14
(1m) (c)
State contracts. The following requirements apply to contracts
5with the state for the performance of labor or furnishing materials for a public
6improvement or public work:
AB768-ASA1,470,87
1. In the case of a contract with a contract price exceeding $10,000, as indexed
8under sub. (1s), but not exceeding $100,000, as indexed under sub. (1s):
AB768-ASA1,470,179
a. The contract shall include a provision which allows the state to make direct
10payment to subcontractors or to pay the prime contractor with checks that are made
11payable to the prime contractor and to one or more subcontractors. This subd. 1. a.
12does not apply to any contract entered into by the state under authority granted
13under chs. 84, 85 and 86. This subd. 1. a. also does not apply to any contract with
14a town, city, village, county or school district for the construction, improvement,
15extension, repair, replacement or removal of a transportation facility, as defined
16under s. 84.185 (1) (d); bikeway, as defined under s. 84.60 (1) (a); bridge; parking lot
17or airport facility.
AB768-ASA1,470,2218
b. The contract shall comply with written standards established by the
19department of administration. Written standards established under this subd. 1. b.
20shall include criteria for determining whether the contract requires payment or
21performance assurances and, if so, what payment or performance assurances are
22required.
AB768-ASA1,470,2423
2. In the case of a contract with a contract price exceeding $100,000, as indexed
24under sub. (1s), but not exceeding $250,000, as indexed under sub. (1s):
AB768-ASA1,471,9
1a. The contract shall include a provision which allows the state to make direct
2payment to subcontractors or to pay the prime contractor with checks that are made
3payable to the prime contractor and to one or more subcontractors. This subd. 2. a.
4does not apply to any contract entered into by the state under authority granted
5under chs. 84, 85 and 86. This subd. 2. a. also does not apply to any contract with
6a town, city, village, county or school district for the construction, improvement,
7extension, repair, replacement or removal of a transportation facility, as defined
8under s. 84.185 (1) (d); bikeway, as defined under s. 84.60 (1) (a); bridge; parking lot
9or airport facility.
AB768-ASA1,471,2210
b. The contract shall require the prime contractor to provide a payment and
11performance bond meeting the requirements of par. (e), unless the department of
12administration allows the prime contractor to substitute a different payment
13assurance for the payment and performance bond. The department of
14administration may allow a prime contractor to substitute a different payment and
15performance assurance for the payment and performance bond only after the
16contract has been awarded and only if the substituted payment and performance
17assurance is for an amount at least equal to the contract price and is in the form of
18a bond, an irrevocable letter of credit or an escrow account acceptable to the
19department of administration. The department of administration shall establish
20written standards under this subd. 2. b. governing when a different payment and
21performance assurance may be substituted for a payment and performance bond
22under par. (e).
AB768-ASA1,471,2523
3. In the case of a contract with a contract price exceeding $250,000, as indexed
24under sub. (1s), the contract shall require the prime contractor to obtain a payment
25and performance bond meeting the requirements under par. (e).
AB768-ASA1,472,3
1(d)
Local government contracts. The following requirements apply to contracts,
2other than contracts with the state, for the performance of labor or furnishing
3materials for a public improvement or public work:
AB768-ASA1,472,54
1. In the case of a contract with a contract price exceeding $10,000, as indexed
5under sub. (1s), but not exceeding $50,000, as indexed under sub. (1s):
AB768-ASA1,472,136
a. The contract shall include a provision which allows the governmental body
7that is authorized to enter into the contract to make direct payment to subcontractors
8or to pay the prime contractor with checks that are made payable to the prime
9contractor and to one or more subcontractors. This subd. 1. a. does not apply to any
10contract with a town, city, village, county or school district for the construction,
11improvement, extension, repair, replacement or removal of a transportation facility,
12as defined under s. 84.185 (1) (d); bikeway, as defined under s. 84.60 (1) (a); bridge;
13parking lot or airport facility.
AB768-ASA1,472,1814
b. The contract shall comply with written standards established by the public
15body authorized to enter into the contract. Written standards established under this
16subd. 1. b. shall include criteria for determining whether the contract requires
17payment or performance assurances and, if so, what payment or performance
18assurances are required.
AB768-ASA1,472,2019
2. In the case of a contract with a contract price exceeding $50,000, as indexed
20under sub. (1s), but not exceeding $100,000, as indexed under sub. (1s):
AB768-ASA1,473,321
a. The contract shall include a provision which allows the governmental body
22that is authorized to enter into the contract to make direct payment to subcontractors
23or to pay the prime contractor with checks that are made payable to the prime
24contractor and to one or more subcontractors. This subd. 2. a. does not apply to any
25contract with a town, city, village, county or school district for the construction,
1improvement, extension, repair, replacement or removal of a transportation facility,
2as defined under s. 84.185 (1) (d); bikeway, as defined under s. 84.60 (1) (a); bridge;
3parking lot or airport facility.
AB768-ASA1,473,154
b. The contract shall require the prime contractor to provide a payment and
5performance bond meeting the requirements of par. (e), unless the public body
6authorized to enter into the contract allows the prime contractor to substitute a
7different payment assurance for the payment and performance bond. The public
8body may allow a prime contractor to substitute a different payment and
9performance assurance for the payment and performance bond only if the
10substituted payment and performance assurance is for an amount at least equal to
11the contract price and is in the form of a bond, an irrevocable letter of credit or an
12escrow account acceptable to the public body. The public body shall establish written
13standards under this subd. 2. b. governing when a different payment and
14performance assurance may be substituted for a payment and performance bond
15under par. (e).
AB768-ASA1,473,1816
3. In the case of a contract with a contract price exceeding $100,000, as indexed
17under sub. (1s), the contract shall require the prime contractor to obtain a payment
18and performance bond meeting the requirements under par. (e).
AB768-ASA1, s. 621
19Section
621. 779.14 (1m) (e) (title) of the statutes is created to read:
AB768-ASA1,473,2020
779.14
(1m) (e)
Bonding requirements.
AB768-ASA1,474,322
779.14
(1s) Indexing of contract thresholds. If a dollar amount is to be
23indexed under this subsection, the department of workforce development shall
24adjust the dollar amount biennially, the first adjustment to be made not sooner than
25December 1, 1998. The adjustment shall be in proportion to any change in
1construction costs since the effective date of this subsection under this subsection,
2or the last adjustment whichever is later. No adjustment shall be made for a
3biennium, if the adjustment to be made would be less than 5%.
AB768-ASA1,474,55
779.14
(2) (title)
Actions on a performance and payment bond.
AB768-ASA1,474,127
779.14
(2) (a) 2. Except as provided in subd. 3., failure of the prime contractor
8or a subcontractor of the prime contractor to comply with a contract, whether express
9or implied, with a subcontractor or supplier for the performance of labor or
10furnishing of materials for the purpose of making the public improvement or
11performing the public work that is the subject of the contract
under sub. (1m) with
12the governmental entity.
AB768-ASA1,474,1914
779.14
(2) (a) 3. With respect to contracts entered into under s. 84.06 (2) for
15highway improvements, failure of the prime contractor to comply with a contract,
16whether express or implied, with a subcontractor or supplier of the prime contractor
17for the performance of labor or furnishing of materials for the purpose of making the
18highway improvement that is the subject of the contract
under sub. (1m) with the
19governmental entity.
AB768-ASA1, s. 626
20Section
626. 779.14 (2) (am) 2. c. of the statutes is amended to read:
AB768-ASA1,474,2421
779.14
(2) (am) 2. c. The subcontractor or supplier is listed in the list required
22to be maintained under sub.
(1m) (b) 1. (1e) (b) or in a written contract, or in a
23document appended to a written contract, between a subcontractor or supplier and
24the prime contractor.
AB768-ASA1,475,1
1779.14
(3) (title)
Actions by a county.
AB768-ASA1,475,12
3788.01 Arbitration clauses in contracts enforceable. A provision in any
4written contract to settle by arbitration a controversy thereafter arising out of such
5contract, or out of the refusal to perform the whole or any part thereof, or an
6agreement in writing between two or more persons to submit to arbitration any
7controversy existing between them at the time of the agreement to submit, shall be
8valid, irrevocable and enforceable save upon such grounds as exist at law or in equity
9for the revocation of any contract. This chapter shall not apply to contracts between
10employers and employes, or between employers and associations of employes, except
11as provided in s. 111.10, nor to agreements to arbitrate disputes under s.
101.143 (6s)
12or 230.44 (4) (bm).
AB768-ASA1,476,215
859.07
(2) If the decedent was at the time of death or at any time prior thereto
16a patient or inmate of any state or county hospital or institution or any person
17responsible for any obligation owing to the state or county under s. 46.03 (18), 46.10,
1848.36
, 301.03 (18), 301.12 or 938.36 or if the decedent or the spouse of the decedent
19ever received medical assistance under subch. IV of ch. 49, long-term community
20support services funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685, the
21personal representative shall send notice in writing of the date set under s. 859.01
22by registered or certified mail to the department of health and family services or the
23department of corrections, as applicable, and the county clerk of the applicable
24county not less than 30 days before the date set under s. 859.01, upon such blanks
1and containing such information as the applicable department or county clerk may
2provide. The applicable county is the county of residence, as defined in s. 49.001 (6).
AB768-ASA1,476,94
880.33
(2) (a) 3. If the person is
an adult who is indigent, the county of legal
5settlement shall be the county liable for any fees due the guardian ad litem and, if
6counsel was not appointed under s. 977.08, for any legal fees due the person's legal
7counsel.
If the person is a minor, the person's parents or the county of legal
8settlement shall be liable for any fees due the guardian ad litem as provided in s.
948.235 (8).
AB768-ASA1,476,1811
880.331
(8) Compensation. On order of the court, the guardian ad litem
12appointed under this chapter shall be allowed reasonable compensation to be paid
13by the county of venue, unless the court otherwise directs
or unless the guardian ad
14litem is appointed for a minor, in which case the compensation of the guardian ad
15litem shall be paid by the minor's parents or the county of venue as provided in s.
1648.235 (8). If the court orders a county to pay the compensation of the guardian ad
17litem, the amount ordered may not exceed the compensation paid to private
18attorneys under s. 977.08 (4m) (b).
AB768-ASA1,476,21
20893.98 Cessation of health care benefits notification. An action arising
21under s. 109.075 (3) is subject to the limitations under s. 109.075 (4) (d).
AB768-ASA1,476,2523
895.515
(1) (b) "Institution of higher education" means
a center or an 24institution within the University of Wisconsin System, a technical college or a
25private, nonprofit institution of higher education located in this state.
AB768-ASA1,477,3
2895.56 Liability exemption; handling of petroleum-contaminated soil
3under contract with the department of transportation. (1) In this section:
AB768-ASA1,477,64
(a) "Person" means an individual, owner, operator, corporation, limited liability
5company, partnership, association, municipality, interstate agency, state agency, as
6defined in s. 1.12 (1) (b), or federal agency.
AB768-ASA1,477,107
(b) "Petroleum-contaminated soil" means soil contaminated with material
8derived from petroleum, natural gas or asphalt deposits, including gasoline, diesel
9and heating fuels, liquified petroleum gases, lubricants, waxes, greases and
10petrochemicals.
AB768-ASA1,477,14
11(2) A person is immune from liability arising under s. 292.11 and from any
12liability for the removal or remedying of petroleum-contaminated soil or for
13damages resulting from the person's actions or omissions relating to
14petroleum-contaminated soil if all of the following apply:
AB768-ASA1,477,1915
(a) The acts or omissions by the person occurred while performing a contract
16entered into under s. 84.06 (2), including acts or omissions by any person who has
17a direct contractual relationship with the prime contractor, as defined in s. 779.01
18(2) (d), under a contract entered into under s. 84.06 (2) to perform labor or furnish
19materials.
AB768-ASA1,477,2320
(b) In the course of performing a contract described in par. (a),
21petroleum-contaminated soil was encountered on the property on which the
22contracted activity is taking place, and the petroleum-contaminated soil cannot be
23avoided in performing the contract.
AB768-ASA1,478,324
(c) The acts or omissions involving petroleum-contaminated soil on the
25property were required by reasonably precise specifications in the contract entered
1into under s. 84.06 (2), and the acts or omissions conformed to those specifications,
2or were otherwise directed by the department of transportation or by the department
3of natural resources.
AB768-ASA1,478,5
4(3) Subsection (2) does not apply to any person to whom any of the following
5applies:
AB768-ASA1,478,86
(a) The person brought petroleum-contaminated soil onto the property or
7otherwise caused the initial contamination of the property with a hazardous
8substance, as defined in s. 292.01 (5).
AB768-ASA1,478,109
(b) The person's act or omission constitutes gross negligence or involves
10reckless, wanton or intentional misconduct.
AB768-ASA1,478,1511
(c) The person fails to warn the department of transportation or the
12department of natural resources about the presence of petroleum-contaminated soil
13encountered at the site, if the petroleum-contaminated soil was reasonably known
14to the person but not to the department of transportation or to the department of
15natural resources.
AB768-ASA1,478,1816
(d) The person is under a previous or separate contract with a state agency, as
17defined in s. 1.12 (1) (b), solely to remove or remedy petroleum-contaminated soil or
18hazardous substances on the property.
AB768-ASA1,478,1919
(e) The person causes personal injury or wrongful death.
AB768-ASA1,478,2321
895.65
(1) (b) 2. A person who is, or whose immediate supervisor is, assigned
22to an executive salary group
or university senior executive salary group under s.
2320.923.
AB768-ASA1,479,5
1938.21
(5) (b) An order relating to a juvenile held in custody outside of his or
2her home shall also describe any efforts that were made to permit the juvenile to
3remain at home and the services that are needed to ensure the juvenile's well-being,
4to enable the juvenile to return
safely to his or her home and to involve the parents
5in planning for the juvenile.
AB768-ASA1, s. 681
6Section
681. 938.235 (8) of the statutes is renumbered 938.235 (8) (a) and
7amended to read:
AB768-ASA1,479,138
938.235
(8) (a)
On order of the court, the A guardian ad litem appointed under
9this chapter shall be
allowed reasonable compensation to be paid by the county of
10venue. If compensated at a rate that the court determines is reasonable, except that,
11if the court orders a county to pay the compensation of the guardian ad litem, the
12amount ordered may not exceed the compensation
paid to private attorneys payable
13to a private attorney under s. 977.08 (4m) (b).
AB768-ASA1, s. 682
14Section
682. 938.235 (8) (b), (c), (d) and (e) of the statutes are created to read:
AB768-ASA1,480,215
938.235
(8) (b) The court may order either or both of the parents of a juvenile
16for whom a guardian ad litem is appointed under this chapter to pay all or any part
17of the compensation of the guardian ad litem. In addition, upon motion by the
18guardian ad litem, the court may order either or both of the parents of the juvenile
19to pay the fee for an expert witness used by the guardian ad litem, if the guardian
20ad litem shows that the use of the expert is necessary to assist the guardian ad litem
21in performing his or her functions or duties under this chapter. If one or both parents
22are indigent or if the court determines that it would be unfair to a parent to require
23him or her to pay, the court may order the county of venue to pay the compensation
24and fees, in whole or in part. If the court orders the county of venue to pay because
1a parent is indigent, the court may also order either or both of the parents to
2reimburse the county, in whole or in part, for the payment.
AB768-ASA1,480,63
(c) At any time before the final order in a proceeding in which a guardian ad
4litem is appointed for a juvenile under this chapter, the court may order a parent of
5the juvenile to place payments in an escrow account in an amount estimated to be
6sufficient to pay any compensation and fees payable under par. (b).
AB768-ASA1,480,97
(d) If the court orders a parent to reimburse a county under par. (b), the court
8may order a separate judgment for the amount of the reimbursement in favor of the
9county and against the parent who is responsible for the reimbursement.