Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB491 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 491
5	5	October 16, 2023 - Introduced by Senators WIMBERGER, MARKLEIN, PFAFF and
6	6	SPREITZER, cosponsored by Representatives DALLMAN, STEFFEN, ROZAR,
7	7	BRANDTJEN, CONSIDINE, DUCHOW, JOERS, NOVAK, SCHMIDT and STUBBS. Referred
8	8	to Committee on Transportation and Local Government.
9	9	AN ACT to create 443.20 of the statutes; relating to: prohibiting certain
10	10	indemnification provisions in contracts relating to design professional services.
11	11	Analysis by the Legislative Reference Bureau
12	12	This bill prohibits the enforcement of any provision in a contract between the
13	13	state or a political subdivision and a private entity that is engaged in design
14	14	professional services that requires the private entity to indemnify or defend the state
15	15	or a political subdivision. Under the bill, design professional services is defined to
16	16	mean any service performed by a design professional and services performed by
17	17	others that arise out of or are related to services performed by a design professional.
18	18	The term “design professional” includes architects, engineers-in-training,
19	19	landscape architects, professional engineers, professional land surveyors, and
20	20	Wisconsin registered interior designers. The bill excepts from the prohibitions
21	21	described above any provision in which a private entity's indemnification obligation
22	22	is limited to losses proximately caused by the negligent performance of design
23	23	professional services by the private entity and does not exceed the proportion of a loss
24	24	caused by the negligent performance and any provision required to be included in the
25	25	state's or a political subdivision's contracts with the federal government.
26	26	The people of the state of Wisconsin, represented in senate and assembly, do
27	27	enact as follows:
28	28	SECTION 1. 443.20 of the statutes is created to read:
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33	33	SECTION 1 SENATE BILL 491
34	34	443.20 Indemnification in civil contracts. (1) In this section:
35	35	(a) “Civil contract” means any contractual agreement between the state or a
36	36	political subdivision and a private entity.
37	37	(b) “Design professional” means any of the following:
38	38	1. Architect.
39	39	2. Engineer-in-training.
40	40	3. Landscape architect.
41	41	4. Professional engineer.
42	42	5. Professional land surveyor
43	43	6. Wisconsin registered interior designer.
44	44	(c) “Design professional services” means any service performed by a design
45	45	professional and services performed by others that arise out of or are related to
46	46	services performed by a design professional, including the following:
47	47	1. Studies.
48	48	2. Planning.
49	49	3. Surveys.
50	50	4. Project management.
51	51	5. Traffic management.
52	52	6. Preparatory work.
53	53	(2) Notwithstanding s. 895.447, any provision of a civil contract containing any
54	54	of the following, explicitly or in effect, is void and unenforceable:
55	55	(a) A provision requiring a private entity performing design professional
56	56	services to indemnify the state or any political subdivision, except as provided in sub.
57	57	(3) (a).
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84	84	SECTION 1
85	85	SENATE BILL 491
86	86	(b) A provision requiring a private entity performing design professional
87	87	services to defend the state or any political subdivision in any legal action.
88	88	(3) The limitations under sub. (2) (a) do not apply to any of the following:
89	89	(a) Indemnification provisions in any civil contract in which a private entity's
90	90	indemnification obligation is limited to losses proximately caused by the negligent
91	91	performance of design professional services by the private entity and does not exceed
92	92	the proportion of a loss caused by the negligent performance.
93	93	(b) Provisions required to be included in the state's or a political subdivision's
94	94	contracts with the federal government to the extent the provisions conflict with sub.
95	95	(2).
96	96	(4) Nothing in this section may be construed as a waiver of any immunity or
97	97	other limitation of liability described in this chapter or ch. 895.
98	98	SECTION 2.0Initial applicability.
99	99	(1) This act first applies to a civil contract, as defined under s. 443.20 (1) (a),
100	100	entered into on the effective date of this subsection.
101	101	(END)
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