AB768, s. 606 19Section 606. 767.32 (1) (b) 4. of the statutes is amended to read:
AB768,275,2520 767.32 (1) (b) 4. A difference between the amount of child support ordered by
21the court to be paid by the payer and the amount that the payer would have been
22required to pay based on the percentage standard established by the department
23under s. 49.22 (9) if the court did not use the percentage standard in determining the
24child support payments and did not provide the information required under s. 46.10
25(14) (d), 301.12 (14) (d), 767.25 (1n) or 767.51 (5d), whichever is appropriate.
AB768, s. 607
1Section 607. 767.32 (2r) of the statutes is amended to read:
AB768,276,52 767.32 (2r) If the court revises a judgment or order providing for child support
3that was entered under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2),
4938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2), the court shall determine child support
5in the manner provided in s. 46.10 (14) or 301.12 (14), whichever is applicable.
AB768, s. 608 6Section 608. 767.32 (2s) of the statutes is amended to read:
AB768,276,117 767.32 (2s) In an action under sub. (1), the court may not approve a stipulation
8for the revision of a judgment or order with respect to an amount of child support or
9family support unless the stipulation provides for payment of an amount of child
10support or family support that is determined in the manner required under s. 46.10
11(14), 301.12 (14), 767.25 or 767.51, whichever is appropriate.
AB768, s. 609 12Section 609. 779.14 (1) (title) of the statutes is created to read:
AB768,276,1313 779.14 (1) (title) Definition.
AB768, s. 610 14Section 610. 779.14 (1e) (title) of the statutes is created to read:
AB768,276,1615 779.14 (1e) (title) Contract requirements regarding duties of prime
16contractor.
AB768, s. 611 17Section 611. 779.14 (1e) (b) of the statutes is created to read:
AB768,276,2218 779.14 (1e) (b) All contracts that are in excess of $30,000, as indexed under sub.
19(1s), and that are for the performance of labor or furnishing materials for a public
20improvement or public work shall contain a provision under which the prime
21contractor agrees, to the extent practicable, to maintain a list of all subcontractors
22and suppliers performing labor or furnishing materials under the contract.
AB768, s. 612 23Section 612. 779.14 (1m) (title) of the statutes is created to read:
AB768,276,2424 779.14 (1m) (title) Payment and performance assurance requirements.
AB768, s. 613
1Section 613. 779.14 (1m) (a) of the statutes, as affected by 1997 Wisconsin Acts
227
and 39, is renumbered 779.14 (1e) (a) and amended to read:
AB768,277,123 779.14 (1e) (a) All contracts with the state involving $2,500 or more and all
4other contracts involving $500
$10,000 or more for the performance of labor or
5furnishing materials when the same pertains to any public improvement or public
6work shall contain a provision for the payment by the prime contractor of all claims
7for labor performed and materials furnished, used or consumed in making the public
8improvement or performing the public work, including, without limitation because
9of enumeration, fuel, lumber, building materials, machinery, vehicles, tractors,
10equipment, fixtures, apparatus, tools, appliances, supplies, electric energy, gasoline,
11motor oil, lubricating oil, greases, state imposed taxes, premiums for worker's
12compensation insurance and contributions for unemployment insurance.
AB768, s. 614 13Section 614. 779.14 (1m) (b) 1. of the statutes, as affected by 1997 Wisconsin
14Act 27
, is repealed.
AB768, s. 615 15Section 615. 779.14 (1m) (b) 1m. of the statutes, as created by 1997 Wisconsin
16Act 27
, is renumbered 779.14 (1m) (f) and amended to read:
AB768,277,1917 779.14 (1m) (f) (title) Direct purchase contracts. The bonding requirement
18under subd. 1. does
Paragraphs (c) and (d) do not apply to a contract for the direct
19purchase of materials by the state or by a local unit of government.
AB768, s. 616 20Section 616. 779.14 (1m) (b) 2. of the statutes is renumbered 779.14 (1m) (e)
212., and 779.14 (1m) (e) 2. (intro.) and b., as renumbered, are amended to read:
AB768,277,2422 779.14 (1m) (e) 2. (intro.) The A bond required under par. (c) or (d) shall carry
23a penalty of not less than the contract price, and shall be conditioned for all of the
24following:
AB768,278,4
1b. The payment to every person, including every subcontractor or supplier, of
2all claims that are entitled to payment for labor performed and materials furnished
3for the purpose of making the public improvement or performing the public work as
4provided in the contract and this subsection sub. (1e) (a).
AB768, s. 617 5Section 617. 779.14 (1m) (b) 3. of the statutes is renumbered 779.14 (1m) (e)
63. and amended to read:
AB768,278,127 779.14 (1m) (e) 3. The A bond required under par. (c) shall be approved for the
8state by the state official authorized to enter the contract,. A bond required under
9par. (d) shall be approved
for a county by its corporation counsel, for a city by its
10mayor, for a village by its president, for a town by its chairperson, for a school district
11by its president and for any other public board or body by the presiding officer
12thereof.
AB768, s. 618 13Section 618. 779.14 (1m) (b) 4. of the statutes is renumbered 779.14 (1m) (e)
144. and amended to read:
AB768,278,1715 779.14 (1m) (e) 4. No assignment, modification or change of the contract,
16change in the work covered thereby or extension of time for the completion of the
17contract may release the sureties on the a bond required under par. (c) or (d).
AB768, s. 619 18Section 619. 779.14 (1m) (b) 5. of the statutes is renumbered 779.14 (1m) (e)
195. and amended to read:
AB768,278,2320 779.14 (1m) (e) 5. Neither the invitation for bids nor the person having power
21to approve the prime contractor's bond may require that the a bond required under
22par. (c) or (d)
be furnished by a specified surety company or through a specified agent
23or broker.
AB768, s. 620 24Section 620. 779.14 (1m) (c) and (d) of the statutes are created to read:
AB768,279,3
1779.14 (1m) (c) State contracts. The following requirements apply to contracts
2with the state for the performance of labor or furnishing materials for a public
3improvement or public work:
AB768,279,54 1. In the case of a contract with a contract price exceeding $10,000, as indexed
5under sub. (1s), but not exceeding $100,000, as indexed under sub. (1s):
AB768,279,86 a. The contract shall include a provision which allows the state to make direct
7payment to subcontractors or to pay the prime contractor with checks that are made
8payable to the prime contractor and to one or more subcontractors.
AB768,279,139 b. The contract shall comply with written standards established by the
10department of administration. Written standards established under this subd. 1. b.
11shall include criteria for determining whether the contract requires payment or
12performance assurances and, if so, what payment or performance assurances are
13required.
AB768,279,1514 2. In the case of a contract with a contract price exceeding $100,000, as indexed
15under sub. (1s), but not exceeding $250,000, as indexed under sub. (1s):
AB768,279,1816 a. The contract shall include a provision which allows the state to make direct
17payment to subcontractors or to pay the prime contractor with checks that are made
18payable to the prime contractor and to one or more subcontractors.
AB768,280,619 b. The contract shall require the prime contractor to provide a payment and
20performance bond meeting the requirements of par. (e), unless the department of
21administration allows the prime contractor to substitute a different payment
22assurance for the payment and performance bond. The department of
23administration may allow a prime contractor to substitute a different payment and
24performance assurance for the payment and performance bond only after the
25contract has been awarded and only if the substituted payment and performance

1assurance is for an amount at least equal to the contract price and is in the form of
2a bond, an irrevocable letter of credit, an escrow account or other type of instrument
3acceptable to the department of administration. The department of administration
4shall establish written standards under this subd. 2. b. governing when a different
5payment and performance assurance may be substituted for a payment and
6performance bond under par. (e).
AB768,280,97 3. In the case of a contract with a contract price exceeding $250,000, as indexed
8under sub. (1s), the contract shall require the prime contractor to obtain a payment
9and performance bond meeting the requirements under par. (e).
AB768,280,1210 (d) Local government contracts. The following requirements apply to contracts,
11other than contracts with the state, for the performance of labor or furnishing
12materials for a public improvement or public work:
AB768,280,1413 1. In the case of a contract with a contract price exceeding $10,000, as indexed
14under sub. (1s), but not exceeding $50,000, as indexed under sub. (1s):
AB768,280,1815 a. The contract shall include a provision which allows the governmental body
16that is authorized to enter into the contract to make direct payment to subcontractors
17or to pay the prime contractor with checks that are made payable to the prime
18contractor and to one or more subcontractors.
AB768,280,2319 b. The contract shall comply with written standards established by the public
20body authorized to enter into the contract. Written standards established under this
21subd. 1. b. shall include criteria for determining whether the contract requires
22payment or performance assurances and, if so, what payment or performance
23assurances are required.
AB768,280,2524 2. In the case of a contract with a contract price exceeding $50,000, as indexed
25under sub. (1s), but not exceeding $100,000, as indexed under sub. (1s):
AB768,281,4
1a. The contract shall include a provision which allows the governmental body
2that is authorized to enter into the contract to make direct payment to subcontractors
3or to pay the prime contractor with checks that are made payable to the prime
4contractor and to one or more subcontractors.
AB768,281,175 b. The contract shall require the prime contractor to provide a payment and
6performance bond meeting the requirements of par. (e), unless the public body
7authorized to enter into the contract allows the prime contractor to substitute a
8different payment assurance for the payment and performance bond. The public
9body may allow a prime contractor to substitute a different payment and
10performance assurance for the payment and performance bond only after the
11contract has been awarded and only if the substituted payment and performance
12assurance is for an amount at least equal to the contract price and is in the form of
13a bond, an irrevocable letter of credit, an escrow account or other type of instrument
14acceptable to the department of administration. The public body shall establish
15written standards under this subd. 2. b. governing when a different payment and
16performance assurance may be substituted for a payment and performance bond
17under par. (e).
AB768,281,2018 3. In the case of a contract with a contract price exceeding $100,000, as indexed
19under sub. (1s), the contract shall require the prime contractor to obtain a payment
20and performance bond meeting the requirements under par. (e).
AB768, s. 621 21Section 621. 779.14 (1m) (e) (title) of the statutes is created to read:
AB768,281,2222 779.14 (1m) (e) Bonding requirements.
AB768, s. 622 23Section 622. 779.14 (1s) of the statutes is created to read:
AB768,282,524 779.14 (1s) Indexing of contract thresholds. If a dollar amount is to be
25indexed under this subsection, the department of workforce development shall

1adjust the dollar amount biennially, the first adjustment to be made not sooner than
2December 1, 1998. The adjustment shall be in proportion to any change in
3construction costs since the effective date of this subsection under this subsection,
4or the last adjustment whichever is later. No adjustment shall be made for a
5biennium, if the adjustment to be made would be less than 5%.
AB768, s. 623 6Section 623. 779.14 (2) (title) of the statutes is created to read:
AB768,282,77 779.14 (2) (title) Actions on a performance and payment bond.
AB768, s. 624 8Section 624. 779.14 (2) (a) 2. of the statutes is amended to read:
AB768,282,149 779.14 (2) (a) 2. Except as provided in subd. 3., failure of the prime contractor
10or a subcontractor of the prime contractor to comply with a contract, whether express
11or implied, with a subcontractor or supplier for the performance of labor or
12furnishing of materials for the purpose of making the public improvement or
13performing the public work that is the subject of the contract under sub. (1m) with
14the governmental entity
.
AB768, s. 625 15Section 625. 779.14 (2) (a) 3. of the statutes is amended to read:
AB768,282,2116 779.14 (2) (a) 3. With respect to contracts entered into under s. 84.06 (2) for
17highway improvements, failure of the prime contractor to comply with a contract,
18whether express or implied, with a subcontractor or supplier of the prime contractor
19for the performance of labor or furnishing of materials for the purpose of making the
20highway improvement that is the subject of the contract under sub. (1m) with the
21governmental entity
.
AB768, s. 626 22Section 626. 779.14 (2) (am) 2. c. of the statutes is amended to read:
AB768,283,223 779.14 (2) (am) 2. c. The subcontractor or supplier is listed in the list required
24to be maintained under sub. (1m) (b) 1. (1e) (b) or in a written contract, or in a

1document appended to a written contract, between a subcontractor or supplier and
2the prime contractor.
AB768, s. 627 3Section 627. 779.14 (3) (title) of the statutes is created to read:
AB768,283,44 779.14 (3) (title) Actions by a county.
AB768, s. 628 5Section 628. 782.01 (1) of the statutes is amended to read:
AB768,283,86 782.01 (1) Every person restrained of personal liberty may prosecute a writ of
7habeas corpus to obtain relief from such restraint, subject to ss. 782.02, 782.035 and
8974.06.
AB768, s. 629 9Section 629. 782.02 of the statutes is renumbered 782.02 (1) (intro.) and
10amended to read:
AB768,283,1211 782.02 (1) (intro.) No person shall be entitled to prosecute such a writ who shall
12have
of habeas corpus if any of the following applies:
AB768,283,15 13(a) Subject to sub. (2), he or she has been committed or detained by virtue of
14the final judgment or order of any competent tribunal of civil or criminal jurisdiction
15or by virtue of any execution issued upon such order or judgment; but no.
AB768,283,19 16(2) (a) An order of commitment for any alleged contempt or upon proceedings
17as for contempt to enforce the rights or remedies of any party shall be deemed is not
18a judgment or order within the meaning of this section; nor shall any for purposes
19of sub. (1) (a).
AB768,283,22 20(b) Any attachment or other process issued upon any such order be deemed
21specified in par. (a) is not an execution within the meaning of this section for purposes
22of sub. (1) (a)
.
AB768, s. 630 23Section 630. 782.02 (1) (b) of the statutes is created to read:
AB768,284,3
1782.02 (1) (b) The person is challenging a revocation of probation or parole or
2a denial of parole and there is another adequate legal remedy for challenging the
3revocation or denial.
AB768, s. 631 4Section 631. 782.02 (1) (c) of the statutes is created to read:
AB768,284,65 782.02 (1) (c) The person has not exhausted all administrative remedies that
6are available and adequate to challenge his or her imprisonment.
AB768, s. 632 7Section 632. 782.03 of the statutes is amended to read:
AB768,284,19 8782.03 Petition for writ. Application for the writ shall be by petition, signed
9either by the prisoner or by some person in his or her behalf, and , except as provided
10in s. 782.035 (4),
may be made to the supreme court, the court of appeals or the circuit
11court of the county, or to any justice or judge of the supreme court, court of appeals
12or circuit court or to any court commissioner, within the county where the prisoner
13is detained; or, except that if there is no judge within the county, or for any cause he
14or she is incapable of acting, or has refused to grant the writ, then to some application
15for the writ may be made to a
judge residing in an adjoining county ; but every
16application, made by or on behalf of a person sentenced to the state prisons, must
17contain a copy of any motion made under s. 974.06 and shall indicate the disposition
18of the motion and the court in which the disposition was made. If no motion was
19made, the petition shall so state
.
AB768, s. 633 20Section 633. 782.035 of the statutes is created to read:
AB768,285,2 21782.035 Successive petitions for writ. (1) In this section, "prisoner" means
22a person who is imprisoned or detained in a prison or jail and who is seeking relief
23from a judgment of conviction for a crime, from a sentence for a crime, from a
24revocation of parole or probation or from an action by a government officer, employe

1or agent that affects the person's imprisonment or the person's status as a
2probationer or parolee.
AB768,285,7 3(2) If a prisoner has previously prosecuted a writ of habeas corpus to obtain
4relief from imprisonment and the legality of that imprisonment has been determined
5by a court, the prisoner may not prosecute another writ of habeas corpus to obtain
6relief from that imprisonment based on a claim that was raised in the previous
7habeas corpus proceeding.
AB768,285,13 8(3) If a prisoner has previously prosecuted a writ of habeas corpus to obtain
9relief from imprisonment and the legality of that imprisonment has been determined
10by a court, the prisoner may not prosecute another writ of habeas corpus to obtain
11relief from that imprisonment based on a claim that was not raised in the previous
12habeas corpus proceeding unless the prisoner makes a prima facie showing in his or
13her petition that any of the following applies to the claim:
AB768,285,1714 (a) The claim relies on a rule of constitutional law that was established by the
15supreme court of this state or the United States after the previous determination of
16the legality of the imprisonment or restraint and that the supreme court held to
17apply retroactively to cases on collateral review.
AB768,285,2418 (b) The facts underlying the claim could not previously have been discovered
19through the exercise of due diligence and, if proven and viewed in light of the
20evidence as a whole, would establish by clear and convincing evidence that, but for
21a constitutional error, no reasonable factfinder would have found the prisoner guilty
22of the offense for which he or she is imprisoned or, if the prisoner is challenging a
23revocation of probation or parole, no reasonable factfinder would have found that the
24prisoner violated the conditions of probation or parole.
AB768,286,5
1(4) A prisoner may file a successive petition for a writ of habeas corpus only in
2the circuit court in the county of venue specified in s. 801.50 (4). The circuit court
3shall dismiss the petition if it raises a claim raised in a previous habeas corpus
4proceeding or, if the petition raises a claim not raised in a previous habeas corpus
5proceeding, if it does not satisfy any of the criteria specified in sub. (3) (a) or (b).
AB768, s. 634 6Section 634. 782.04 (intro.), (1), (2), (3) and (5) of the statutes are renumbered
7782.04 (1m) (intro.), (a), (b), (c) and (d), and 782.04 (1m) (intro.), as renumbered, is
8amended to read:
AB768,286,109 782.04 (1m) (intro.) Such A petition for a writ of habeas corpus must be
10verified and must state in substance all of the following:
AB768, s. 635 11Section 635. 782.04 (3m) and (4m) of the statutes are created to read:
AB768,286,1712 782.04 (3m) If the petitioner is a prisoner, as defined in s. 782.035 (1), the
13petition shall state whether the prisoner has filed a previous petition challenging his
14or her imprisonment. If the prisoner has filed a previous petition challenging his or
15her imprisonment, the petition must contain a copy of the previous petition and shall
16indicate the disposition of the petition and the court in which the disposition was
17made.
AB768,286,19 18(4m) If the petitioner is imprisoned in a prison or jail under a sentence for a
19crime, the petition shall comply with all of the following:
AB768,286,2220 (a) The petition must contain a copy of any motion made under s. 974.06 and
21shall indicate the disposition of the motion and the court in which the disposition was
22made. If no motion was made under s. 974.06, the petition shall so state.
AB768,287,223 (b) The petition shall state whether the prisoner has challenged his or her
24imprisonment, or the proceeding that resulted in his or her imprisonment, in an

1appeal under s. 974.02 or a proceeding for review by writ of certiorari and, if so, the
2outcome of the appeal or proceeding.
AB768, s. 636 3Section 636. 782.04 (4) of the statutes is renumbered 782.04 (2m) and
4amended to read:
AB768,287,115 782.04 (2m) If the prisoner's imprisonment is by virtue of any order or process,
6a copy thereof of the order or process must be annexed, to the petition or it the petition
7must be averred allege either that, by reason of such the prisoner being removed or
8concealed, a demand of such for a copy of the order or process could not be made or
9that such a demand was made and a fee of $1 therefor for the copy was tendered to
10the person having such prisoner in custody, and that such copy was of the prisoner
11but the person refused to provide the copy.
AB768, s. 637 12Section 637. 782.045 of the statutes is created to read:
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