,60897 Wis. Act , s. 608
Section 608.
767.32 (2s) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:
97 Wis. Act , s. 608 - continued
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.
,60997 Wis. Act , s. 609
Section 609.
779.14 (1) (title) of the statutes is created to read:
97 Wis. Act , s. 609 - continued
779.14 (1) (title) DEFINITION.
,61097 Wis. Act , s. 610
Section 610.
779.14 (1e) (title) of the statutes is created to read:
97 Wis. Act , s. 610 - continued
779.14 (1e) (title) CONTRACT REQUIREMENTS REGARDING DUTIES OF PRIME CONTRACTOR.
,61197 Wis. Act , s. 611
Section 611.
779.14 (1e) (b) of the statutes is created to read:
97 Wis. Act , s. 611 - continued
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.
,61297 Wis. Act , s. 612
Section 612.
779.14 (1m) (title) of the statutes is created to read:
97 Wis. Act , s. 612 - continued
779.14 (1m) (title) PAYMENT AND PERFORMANCE ASSURANCE REQUIREMENTS.
,61397 Wis. Act , 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:
97 Wis. Act , s. 613 - continued
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.
,61497 Wis. Act , s. 614
Section 614.
779.14 (1m) (b) 1. of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.
,61597 Wis. Act , 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:
97 Wis. Act , s. 615 - continued
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.
,61697 Wis. Act , 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:
97 Wis. Act , s. 616 - continued
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:
97 Wis. Act , s. 616 - continued
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).
,61797 Wis. Act , s. 617
Section 617.
779.14 (1m) (b) 3. of the statutes is renumbered 779.14 (1m) (e) 3. and amended to read:
97 Wis. Act , s. 617 - continued
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.
,61897 Wis. Act , s. 618
Section 618.
779.14 (1m) (b) 4. of the statutes is renumbered 779.14 (1m) (e) 4. and amended to read:
97 Wis. Act , s. 618 - continued
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).
,61997 Wis. Act , s. 619
Section 619.
779.14 (1m) (b) 5. of the statutes is renumbered 779.14 (1m) (e) 5. and amended to read:
97 Wis. Act , s. 619 - continued
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.
,62097 Wis. Act , s. 620
Section 620.
779.14 (1m) (c) and (d) of the statutes are created to read:
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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:
97 Wis. Act , s. 620 - continued
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):
97 Wis. Act , s. 620 - continued
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.
97 Wis. Act , s. 620 - continued
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.
97 Wis. Act , s. 620 - continued
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):
97 Wis. Act , s. 620 - continued
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.
97 Wis. Act , s. 620 - continued
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).
97 Wis. Act , s. 620 - continued
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).
97 Wis. Act , s. 620 - continued
(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:
97 Wis. Act , s. 620 - continued
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):
97 Wis. Act , s. 620 - continued
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.
97 Wis. Act , s. 620 - continued
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.
97 Wis. Act , s. 620 - continued
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):
97 Wis. Act , s. 620 - continued
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.
97 Wis. Act , s. 620 - continued
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).
97 Wis. Act , s. 620 - continued
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).
,62197 Wis. Act , s. 621
Section 621.
779.14 (1m) (e) (title) of the statutes is created to read:
97 Wis. Act , s. 621 - continued
779.14 (1m) (e) Bonding requirements.
,62297 Wis. Act , s. 622
Section 622.
779.14 (1s) of the statutes is created to read:
97 Wis. Act , s. 622 - continued
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%.
,62397 Wis. Act , s. 623
Section 623.
779.14 (2) (title) of the statutes is created to read:
97 Wis. Act , s. 623 - continued
779.14 (2) (title) ACTIONS ON A PERFORMANCE AND PAYMENT BOND.
,62497 Wis. Act , s. 624
Section 624.
779.14 (2) (a) 2. of the statutes is amended to read:
97 Wis. Act , s. 624 - continued
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.
,62597 Wis. Act , s. 625
Section 625.
779.14 (2) (a) 3. of the statutes is amended to read:
97 Wis. Act , s. 625 - continued
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.
,62697 Wis. Act , s. 626
Section 626.
779.14 (2) (am) 2. c. of the statutes is amended to read:
97 Wis. Act , s. 626 - continued
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.
,62797 Wis. Act , s. 627
Section 627.
779.14 (3) (title) of the statutes is created to read:
97 Wis. Act , s. 627 - continued
779.14 (3) (title) ACTIONS BY A COUNTY.
,64197 Wis. Act , s. 641
Section 641.
788.01 of the statutes is amended to read:
97 Wis. Act , s. 641 - continued
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).
,670g97 Wis. Act , s. 670g
Section 670g.
814.69 (2) of the statutes is repealed.
,67197 Wis. Act , s. 671
Section 671.
859.07 (2) of the statutes is amended to read:
97 Wis. Act , s. 671 - continued
859.07 (2) If the decedent was at the time of death or at any time prior thereto a patient or inmate of any state or county hospital or institution or any person responsible for any obligation owing to the state or county under s. 46.03 (18), 46.10, 48.36, 301.03 (18), 301.12 or 938.36 or if the decedent or the spouse of the decedent ever received medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685, the personal representative shall send notice in writing of the date set under s. 859.01 by registered or certified mail to the department of health and family services or the department of corrections, as applicable, and the county clerk of the applicable county not less than 30 days before the date set under s. 859.01, upon such blanks and containing such information as the applicable department or county clerk may provide. The applicable county is the county of residence, as defined in s. 49.001 (6).
,67297 Wis. Act , s. 672
Section 672.
880.33 (2) (a) 3. of the statutes is amended to read:
97 Wis. Act , s. 672 - continued
880.33 (2) (a) 3. If the person is an adult who is indigent, the county of legal settlement shall be the county liable for any fees due the guardian ad litem and, if counsel was not appointed under s. 977.08, for any legal fees due the person's legal counsel. If the person is a minor, the person's parents or the county of legal settlement shall be liable for any fees due the guardian ad litem as provided in s. 48.235 (8).
,67397 Wis. Act , s. 673
Section 673.
880.331 (8) of the statutes is amended to read:
97 Wis. Act , s. 673 - continued
880.331 (8) COMPENSATION. On order of the court, the guardian ad litem appointed under this chapter shall be allowed reasonable compensation to be paid by the county of venue, unless the court otherwise directs or unless the guardian ad litem is appointed for a minor, in which case the compensation of the guardian ad litem shall be paid by the minor's parents or the county of venue as provided in s. 48.235 (8). If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b).
,677m97 Wis. Act , s. 677m
Section 677m.
893.98 of the statutes is created to read:
97 Wis. Act , s. 677m - continued
893.98 Cessation of health care benefits notification. An action arising under s. 109.075 (3) is subject to the limitations under s. 109.075 (4) (d).
,678j97 Wis. Act , s. 678j
Section 678j.
895.515 (1) (b) of the statutes is amended to read:
97 Wis. Act , s. 678j - continued
895.515 (1) (b) "Institution of higher education" means a center or an institution within the University of Wisconsin System, a technical college or a private, nonprofit institution of higher education located in this state.
,678m97 Wis. Act , s. 678m
Section 678m.
895.56 of the statutes is created to read:
97 Wis. Act , s. 678m - continued
895.56 Liability exemption; handling of petroleum-contaminated soil under contract with the department of transportation. (1) In this section:
97 Wis. Act , s. 678m - continued
(a) "Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency, as defined in s. 1.12 (1) (b), or federal agency.
97 Wis. Act , s. 678m - continued
(b) "Petroleum-contaminated soil" means soil contaminated with material derived from petroleum, natural gas or asphalt deposits, including gasoline, diesel and heating fuels, liquified petroleum gases, lubricants, waxes, greases and petrochemicals.
97 Wis. Act , s. 678m - continued
(2) A person is immune from liability arising under s. 292.11 and from any liability for the removal or remedying of petroleum-contaminated soil or for damages resulting from the person's actions or omissions relating to petroleum-contaminated soil if all of the following apply:
97 Wis. Act , s. 678m - continued
(a) The acts or omissions by the person occurred while performing a contract entered into under s. 84.06 (2), including acts or omissions by any person who has a direct contractual relationship with the prime contractor, as defined in s. 779.01 (2) (d), under a contract entered into under s. 84.06 (2) to perform labor or furnish materials.
97 Wis. Act , s. 678m - continued
(b) In the course of performing a contract described in par. (a), petroleum-contaminated soil was encountered on the property on which the contracted activity is taking place, and the petroleum-contaminated soil cannot be avoided in performing the contract.
97 Wis. Act , s. 678m - continued
(c) The acts or omissions involving petroleum-contaminated soil on the property were required by reasonably precise specifications in the contract entered into under s. 84.06 (2), and the acts or omissions conformed to those specifications, or were otherwise directed by the department of transportation or by the department of natural resources.
97 Wis. Act , s. 678m - continued
(3) Subsection (2) does not apply to any person to whom any of the following applies:
97 Wis. Act , s. 678m - continued
(a) The person brought petroleum-contaminated soil onto the property or otherwise caused the initial contamination of the property with a hazardous substance, as defined in s. 292.01 (5).
97 Wis. Act , s. 678m - continued
(b) The person's act or omission constitutes gross negligence or involves reckless, wanton or intentional misconduct.
97 Wis. Act , s. 678m - continued
(c) The person fails to warn the department of transportation or the department of natural resources about the presence of petroleum-contaminated soil encountered at the site, if the petroleum-contaminated soil was reasonably known to the person but not to the department of transportation or to the department of natural resources.
97 Wis. Act , s. 678m - continued
(d) The person is under a previous or separate contract with a state agency, as defined in s. 1.12 (1) (b), solely to remove or remedy petroleum-contaminated soil or hazardous substances on the property.
97 Wis. Act , s. 678m - continued
(e) The person causes personal injury or wrongful death.
,678p97 Wis. Act , s. 678p
Section 678p.
895.65 (1) (b) 2. of the statutes is amended to read:
97 Wis. Act , s. 678p - continued
895.65 (1) (b) 2. A person who is, or whose immediate supervisor is, assigned to an executive salary group or university senior executive salary group under s. 20.923.
,68097 Wis. Act , s. 680
Section 680.
938.21 (5) (b) of the statutes is amended to read:
97 Wis. Act , s. 680 - continued
938.21 (5) (b) An order relating to a juvenile held in custody outside of his or her home shall also describe any efforts that were made to permit the juvenile to remain at home and the services that are needed to ensure the juvenile's well-being, to enable the juvenile to return safely to his or her home and to involve the parents in planning for the juvenile.
,68197 Wis. Act , s. 681
Section 681.
938.235 (8) of the statutes is renumbered 938.235 (8) (a) and amended to read:
97 Wis. Act , s. 681 - continued
938.235 (8) (a) On order of the court, the A guardian ad litem appointed under this chapter shall be allowed reasonable compensation to be paid by the county of venue. If compensated at a rate that the court determines is reasonable, except that, if the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys payable to a private attorney under s. 977.08 (4m) (b).
,68297 Wis. Act , s. 682
Section 682.
938.235 (8) (b), (c), (d) and (e) of the statutes are created to read: