LRB-2485/1
MES:jld:rs
2007 - 2008 LEGISLATURE
June 14, 2007 - Introduced by Representatives Owens, Jeskewitz, Albers, Bies,
Mursau, A. Ott, Vos
and Lothian, cosponsored by Senator Roessler. Referred
to Committee on Urban and Local Affairs.
AB406,1,4 1An Act to amend 59.52 (29) (a), 60.47 (2) (a), 60.47 (2) (b), 61.55, 62.15 (1) and
262.15 (3); and to create 66.0901 (10) of the statutes; relating to: authorizing
3cities, villages, towns, and counties to solicit bids for certain contracts by using
4the Internet.
Analysis by the Legislative Reference Bureau
Generally under current law, if a city, village, town, or county (political
subdivision) wishes to let a public contract involving the construction or repair of any
public work or building, or the furnishing of supplies or materials, there are a
number of bidding requirements that apply to such contracts. If the value of the
contract is above a certain amount, or between certain amounts, a political
subdivision must publish a notice in the newspaper before it contracts for the work,
or, in the case of counties, the county board may instead contract with a qualified
bidder as specified by statute.
Under this bill, a political subdivision may solicit bids for certain public
contracts by posting the bid request on the political subdivision's Web site, if the
posting is linked to the political subdivision's home page. This Internet posting
option applies to situations under which a political subdivision is currently required
or authorized to publish a notice in a newspaper before the contract is executed. Also
under the bill, if a political subdivision solicits bids for public contracts exclusively
on its Web site, it must notify the public of this fact by publishing a notice in a
newspaper at least twice each year.

For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB406, s. 1 1Section 1. 59.52 (29) (a) of the statutes is amended to read:
AB406,2,182 59.52 (29) (a) All public work, including any contract for the construction,
3repair, remodeling or improvement of any public work, building, or furnishing of
4supplies or material of any kind where the estimated cost of such work will exceed
5$25,000 shall be let by contract to the lowest responsible bidder. Any public work,
6the estimated cost of which does not exceed $25,000, shall be let as the board may
7direct. If the estimated cost of any public work is between $5,000 and $25,000, the
8board shall give a class 1 notice under ch. 985 or post a Web site notice as described
9under s. 66.0901 (10)
before it contracts for the work or shall contract with a person
10qualified as a bidder under s. 66.0901 (2). A contract, the estimated cost of which
11exceeds $25,000, shall be let and entered into under s. 66.0901, except that the board
12may by a three-fourths vote of all the members entitled to a seat provide that any
13class of public work or any part thereof may be done directly by the county without
14submitting the same for bids. This subsection does not apply to public construction
15if the materials for such a project are donated or if the labor for such a project is
16provided by volunteers. This subsection does not apply to highway contracts which
17the county highway committee or the county highway commissioner is authorized by
18law to let or make.
AB406, s. 2 19Section 2. 60.47 (2) (a) of the statutes is amended to read:
AB406,3,320 60.47 (2) (a) No town may enter into a public contract with an estimated cost
21of more than $5,000 but not more than $25,000 unless the town board, or a town

1official or employee designated by the town board, gives a class 1 notice under ch. 985
2or posts a Web site notice as described under s. 66.0901 (10) before execution of that
3public contract.
AB406, s. 3 4Section 3. 60.47 (2) (b) of the statutes is amended to read:
AB406,3,105 60.47 (2) (b) No town may enter into a public contract with a value of more than
6$25,000 unless the town board, or a town official or employee designated by the town
7board, advertises for proposals to perform the terms of the public contract by
8publishing a class 2 notice under ch. 985 or by posting a Web site notice as described
9under s. 66.0901 (10)
. The town board may provide for additional means of
10advertising for bids.
AB406, s. 4 11Section 4. 61.55 of the statutes is amended to read:
AB406,4,2 1261.55 Contracts involving over $25,000; how let; exception. All contracts
13for public construction, in any such village, exceeding $25,000, shall be let by the
14village board to the lowest responsible bidder in accordance with s. 66.0901 insofar
15as said section may be applicable. If the estimated cost of any public construction
16exceeds $5,000, but is not greater than $25,000, the village board shall give a class
171 notice, under ch. 985, or post a Web site notice as described under s. 66.0901 (10),
18of the proposed construction before the contract for the construction is executed. This
19provision does not apply to public construction if the materials for such a project are
20donated or if the labor for such a project is provided by volunteers, and this provision
21and s. 281.41 are not mandatory for the repair and reconstruction of public facilities
22when damage or threatened damage thereto creates an emergency, as determined
23by resolution of the village board, in which the public health or welfare of the village
24is endangered. Whenever the village board by majority vote at a regular or special

1meeting declares that an emergency no longer exists, this exemption no longer
2applies.
AB406, s. 5 3Section 5. 62.15 (1) of the statutes is amended to read:
AB406,4,154 62.15 (1) Contracts; how let; exception for donated materials and labor. All
5public construction, the estimated cost of which exceeds $25,000, shall be let by
6contract to the lowest responsible bidder; all other public construction shall be let as
7the council may direct. If the estimated cost of any public construction exceeds
8$5,000 but is not greater than $25,000, the board of public works shall give a class
91 notice, under ch. 985, or post a Web site notice as described under s. 66.0901 (10),
10of the proposed construction before the contract for the construction is executed. This
11provision does not apply to public construction if the materials for such a project are
12donated or if the labor for such a project is provided by volunteers. The council may
13also by a vote of three-fourths of all the members-elect provide by ordinance that any
14class of public construction or any part thereof may be done directly by the city
15without submitting the same for bids.
AB406, s. 6 16Section 6. 62.15 (3) of the statutes is amended to read:
AB406,5,317 62.15 (3) Advertisement for bids. After the plans, specifications and form of
18contract have been prepared, the board of public works shall advertise for proposals
19for doing such work by publishing a class 2 notice, under ch. 985, or by posting a Web
20site notice as described under s. 66.0901 (10)
. No bid shall be received unless
21accompanied by a certified check or a bid bond equal to at least 5% but not more than
2210% of the bid payable to the city as a guaranty that if the bid is accepted the bidder
23will execute and file the proper contract and bond within the time limited by the city.
24If the successful bidder so files the contract and bond, upon the execution of the
25contract by the city the check shall be returned. In case the successful bidder fails

1to file such contract and bond the amount of the check or bid bond shall be forfeited
2to the city as liquidated damages. The notice published shall inform bidders of this
3requirement.
AB406, s. 7 4Section 7. 66.0901 (10) of the statutes is created to read:
AB406,5,65 66.0901 (10) Web site posting of bid requests. (a) In this subsection, "political
6subdivision" means a city, village, town, or county.
AB406,5,117 (b) To solicit bids for a public contract, a political subdivision may post the bid
8request on the political subdivision's Web site, and the posting shall be linked to the
9political subdivision's home page. If a political subdivision solicits bids for public
10contracts exclusively on its Web site, it must provide public notice of this fact by
11publishing a class 1 notice under ch. 985 at least twice each year.
AB406,5,1212 (End)
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