AB799: Bill Text

AB799,6,25 59.52 (29) (b) The provisions of par. (a) (am) are not mandatory for the repair or reconstruction of public facilities when damage or threatened damage thereto creates an emergency, as determined by resolution of the board, in which the public health or welfare of the county is endangered. Whenever the board by majority vote at a regular or special meeting determines that an emergency no longer exists, this paragraph no longer applies.

AB799, s. 8 Section 8. 59.52 (29) (c) and (d) of the statutes are created to read:

AB799,7,4 59.52 (29) (c) The board shall ensure that the specifications for bids and contracts for construction projects entered into under this subsection do not do any of the following:

AB799,7,7 1. Require any bidder, contractor or subcontractor to enter into or to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB799,7,10 2. Discriminate against any bidder, contractor or subcontractor for refusing to enter into or continue to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB799,7,13 3. Require any bidder, contractor or subcontractor to enter into or continue to adhere to or enforce any agreement that requires its employes, as a condition of employment, to do any of the following:

AB799,7,14 a. Become members of or become affiliated with a labor organization.

AB799,7,17 b. Make payments to a labor organization, without the authorization of the employes, exceeding the employes' proportionate share of the cost of collective bargaining, contract administration and grievance adjustment.

AB799,7,22 (d) Any taxpayer of this state or any other person who enters into contracts or subcontracts for building construction services may bring an action to require compliance with par (c). If that person prevails in his or her action, the court shall award to that person reasonable actual attorney fees in addition to other costs allowed to prevailing parties under ch. 814.

AB799, s. 9 Section 9. 60.47 (1) (a) of the statutes is renumbered 60.47 (1) (am).

AB799, s. 10 Section 10. 60.47 (1) (ac) of the statutes is created to read:

AB799,7,25 60.47 (1) (ac) "Labor organization" has the meaning given in s. 5.02 (8m).

AB799, s. 11 Section 11. 60.47 (5m) of the statutes is created to read:

AB799,8,4 60.47 (5m) Contracts with labor organizations. (a) The town board shall ensure that the specifications for bids and contracts for construction projects entered into under this section do not do any of the following:

AB799,8,7 1. Require any bidder, contractor or subcontractor to enter into or to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB799,8,10 2. Discriminate against any bidder, contractor or subcontractor for refusing to enter into or continue to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB799,8,13 3. Require any bidder, contractor or subcontractor to enter into or continue to adhere to or enforce any agreement that requires its employes, as a condition of employment, to do any of the following:

AB799,8,14 a. Become members of or become affiliated with a labor organization.

AB799,8,17 b. Make payments to a labor organization, without the authorization of the employes, exceeding the employes' proportionate share of the cost of collective bargaining, contract administration and grievance adjustment.

AB799,8,22 (b) Any taxpayer of this state or any other person who enters into contracts or subcontracts for building construction services may bring an action to require compliance with par (a). If that person prevails in his or her action, the court shall award to that person reasonable actual attorney fees in addition to other costs allowed to prevailing parties under ch. 814.

AB799, s. 12 Section 12. 61.55 (title) of the statutes is created to read:

AB799,8,24 61.55 (title) Public contracts and competitive bidding.

AB799, s. 13 Section 13. 61.55 of the statutes is renumbered 61.55 (2) and amended to read:

AB799,9,12 61.55 (2) Contracts involving over $10,000; how let; exception. All contracts for public construction, in any such village, exceeding $10,000, shall be let by the village board to the lowest responsible bidder in accordance with s. 66.29 insofar as said that section may be applicable. If the estimated cost of any public construction exceeds $5,000, but is not greater than $10,000, the village board shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed. This provision and s. 281.41 are not mandatory for the repair and reconstruction of public facilities when damage or threatened damage thereto creates an emergency, as determined by resolution of the village board, in which the public health or welfare of the village is endangered. Whenever the village board by majority vote at a regular or special meeting declares that an emergency no longer exists, this exemption no longer applies.

AB799, s. 14 Section 14. 61.55 (1) of the statutes is created to read:

AB799,9,15 61.55 (1) Definition. In this section "labor organization" has the meaning given in s. 5.02 (8m).

AB799, s. 15 Section 15. 61.55 (3) of the statutes is created to read:

AB799,9,19 61.55 (3) Contracts with labor organizations. (a) The village board shall ensure that the specifications for bids and contracts for construction projects entered into under this section do not do any of the following:

AB799,9,22 1. Require any bidder, contractor or subcontractor to enter into or to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB799,9,25 2. Discriminate against any bidder, contractor or subcontractor for refusing to enter into or continue to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB799,10,3 3. Require any bidder, contractor or subcontractor to enter into or continue to adhere to or enforce any agreement that requires its employes, as a condition of employment, to do any of the following:

AB799,10,4 a. Become members of or become affiliated with a labor organization.

AB799,10,7 b. Make payments to a labor organization, without the authorization of the employes, exceeding the employes' proportionate share of the cost of collective bargaining, contract administration and grievance adjustment.

AB799,10,12 (b) Any taxpayer of this state or any other person who enters into contracts or subcontracts for building construction services may bring an action to require compliance with par. (a). If that person prevails in his or her action, the court shall award to that person reasonable actual attorney fees in addition to other costs allowed to prevailing parties under ch. 814.

AB799, s. 16 Section 16. 62.15 (1e) of the statutes is created to read:

AB799,10,15 62.15 (1e) Definition. In this section "labor organization" has the meaning given in s. 5.02 (8m).

AB799, s. 17 Section 17. 62.15 (15) of the statutes is created to read:

AB799,10,19 62.15 (15) Contracts with labor organizations. (a) The common council shall ensure that the specifications for bids and contracts for construction projects entered into under this section do not do any of the following:

AB799,10,22 1. Require any bidder, contractor or subcontractor to enter into or to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB799,10,25 2. Discriminate against any bidder, contractor or subcontractor for refusing to enter into or continue to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB799,11,3 3. Require any bidder, contractor or subcontractor to enter into or continue to adhere to or enforce any agreement that requires its employes, as a condition of employment, to do any of the following:

AB799,11,4 a. Become members of or become affiliated with a labor organization.

AB799,11,7 b. Make payments to a labor organization, without the authorization of the employes, exceeding the employes' proportionate share of the cost of collective bargaining, contract administration and grievance adjustment.

AB799,11,12 (b) Any taxpayer of this state or any other person who enters into contracts or subcontracts for building construction services may bring an action to require compliance with par. (a). If that person prevails in his or her action, the court shall award to that person reasonable actual attorney fees in addition to other costs allowed to prevailing parties under ch. 814.

AB799, s. 18 Section 18. 66.20 (3s) of the statutes is created to read:

AB799,11,14 66.20 (3s) "Labor organization" has the meaning given in s. 5.02 (8m).

AB799, s. 19 Section 19. 66.24 (5m) of the statutes is created to read:

AB799,11,18 66.24 (5m) Contracts with labor organizations. (a) The commission shall ensure that the specifications for bids and contracts for construction projects entered into under sub. (5) do not do any of the following:

AB799,11,21 1. Require any bidder, contractor or subcontractor to enter into or to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB799,11,24 2. Discriminate against any bidder, contractor or subcontractor for refusing to enter into or continue to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB799,12,3 3. Require any bidder, contractor or subcontractor to enter into or continue to adhere to or enforce any agreement that requires its employes, as a condition of employment, to do any of the following:

AB799,12,4 a. Become members of or become affiliated with a labor organization.

AB799,12,7 b. Make payments to a labor organization, without the authorization of the employes, exceeding the employes' proportionate share of the cost of collective bargaining, contract administration and grievance adjustment.

AB799,12,12 (b) Any taxpayer of this state or any other person who enters into contracts or subcontracts for building construction services may bring an action to require compliance with par (a). If that person prevails in his or her action, the court shall award to that person reasonable actual attorney fees in addition to other costs allowed to prevailing parties under ch. 814.

AB799, s. 20 Section 20. 66.88 (5s) of the statutes is created to read:

AB799,12,14 66.88 (5s) "Labor organization" has the meaning given in s. 5.02 (8m).

AB799, s. 21 Section 21. 66.904 (6) of the statutes is created to read:

AB799,12,18 66.904 (6) Contracts with labor organizations. (a) The commission shall ensure that the specifications for bids and contracts for construction projects entered into under this section do not do any of the following:

AB799,12,21 1. Require any bidder, contractor or subcontractor to enter into or to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB799,12,24 2. Discriminate against any bidder, contractor or subcontractor for refusing to enter into or continue to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB799,13,3 3. Require any bidder, contractor or subcontractor to enter into or continue to adhere to or enforce any agreement that requires its employes, as a condition of employment, to do any of the following:

AB799,13,4 a. Become members of or become affiliated with a labor organization.

AB799,13,7 b. Make payments to a labor organization, without the authorization of the employes, exceeding the employes' proportionate share of the cost of collective bargaining, contract administration and grievance adjustment.

AB799,13,12 (b) Any taxpayer of this state or any other person who enters into contracts or subcontracts for building construction services may bring an action to require compliance with par (a). If that person prevails in his or her action, the court shall award to that person reasonable actual attorney fees in addition to other costs allowed to prevailing parties under ch. 814.

AB799, s. 22 Section 22. 66.949 (3) of the statutes is amended to read:

AB799,14,5 66.949 (3) Notice. Notwithstanding ss. 27.065 (5) (a), 30.32, 38.18, 43.17 (9) (a), 59.52 (29) (a) (am), 59.70 (11), 60.47 (2) to (4), 60.77 (6) (a), 61.55, 61.56, 61.57, 62.15 (1), 62.155, 66.24 (5) (d), 66.299 (2), 66.431 (5) (a) 2., 66.47 (11), 66.505 (10), 66.508 (10) and 66.904 (2), before entering into a performance contract under this section, a local governmental unit shall solicit bids or competitive sealed proposals from qualified providers. A local governmental unit may only enter into a performance contract if the contract is awarded by the governing body of the local governmental unit. The governing body shall give at least 10 days' notice of the meeting at which the body intends to award a performance contract. The notice shall include a statement of the intent of the governing body to award the performance contract, the names of all potential parties to the proposed performance contract, and a description of the energy conservation and facility improvement measures included in the performance contract. At the meeting, the governing body shall review and evaluate the bids or proposals submitted by all qualified providers and may thereafter award the performance contract to the qualified provider that best meets the needs of the local governmental unit, which need not be the lowest cost provider.

AB799, s. 23 Section 23. 84.06 (2) (a) of the statutes is amended to read:

AB799,15,2 84.06 (2) (a) All such highway improvements shall be executed by contract based on bids unless the department finds that another method as provided in sub. (3) or (4) would be more feasible and advantageous. Bids shall be advertised for in the manner determined by the department. Except as provided in s. 84.075, the contract shall be awarded to the lowest competent and responsible bidder as determined by the department. If the bid of the lowest competent bidder is determined by the department to be in excess of the estimated reasonable value of the work or not in the public interest, all bids may be rejected. The department shall, so far as reasonable, follow uniform methods of advertising for bids and may prescribe and require uniform forms of bids and contracts. Except as provided in par. (b), the secretary shall enter into the contract on behalf of the state. Every such contract is exempted from ss. 16.70 to 16.75, 16.755 to 16.82, 16.87 and 16.89, but ss. 16.528, 16.752 and 16.754 apply to the contract. Contracts under this section are subject to s. 85.017. Any such contract involving an expenditure of $1,000 or more shall not be valid until approved by the governor. The secretary may require the attorney general to examine any contract and any bond submitted in connection with the contract and report on its sufficiency of form and execution. The bond required by s. 779.14 (1m) (b) for any such contract involving an expenditure of less than $1,000 is exempt from approval by the governor and shall be subject to approval by the secretary. This subsection also applies to contracts with private contractors based on bids for maintenance under s. 84.07.

AB799, s. 24 Section 24. 85.017 of the statutes is created to read:

AB799,15,6 85.017 Contracts conditioned on use of labor organizations prohibited. (1) In this section, "labor organization" has the meaning given in s. 5.02 (8m).

AB799,15,9 (2) The secretary shall ensure that the specifications for bids, contracts for construction or maintenance projects entered into by the secretary or the department do not do any of the following:

AB799,15,12 (a) Require any bidder, contractor or subcontractor to enter into or to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB799,15,15 (b) Discriminate against any bidder, contractor or subcontractor for refusing to enter into or continue to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB799,15,18 (c) Require any bidder, contractor or subcontractor to enter into or continue to adhere to or enforce any agreement that requires its employes, as a condition of employment, to do any of the following:

AB799,15,19 1. Become members of or become affiliated with a labor organization.

AB799,15,22 2. Make payments to a labor organization, without the authorization of the employes, exceeding the employes' proportionate share of the cost of collective bargaining, contract administration and grievance adjustment.

AB799,16,2 (3) Any taxpayer of this state or any other person who enters into contracts or subcontracts for construction services subject to sub. (2) may bring an action against the secretary to require compliance with this section. If that person prevails in his or her action, the court shall award to that person reasonable actual attorney fees in addition to other costs allowed to prevailing parties under ch. 814.

AB799, s. 25 Section 25. 86.31 (2) (b) of the statutes is amended to read:

AB799,16,10 86.31 (2) (b) Except as provided in par. (d), improvements for highway construction projects funded under the program shall be under contracts. Such contracts are subject to ss. 59.52 (29) (c), 60.47 (5m), 61.55 (3) and 62.15 (15) and shall be awarded on the basis of competitive bids and shall be awarded to the lowest responsible bidder. If a city, village or town does not receive a responsible bid for an improvement, the city, village or town may contract with a county for the improvement.

AB799, s. 26 Section 26. 118.265 of the statutes is created to read:

AB799,16,13 118.265 Contracts with labor organizations. (1) In this section, "labor organization" has the meaning given in s. 5.02 (8m).

AB799,16,16 (2) The school board shall ensure that the specifications for bids and contracts for construction projects entered into by the school board do not do any of the following:

AB799,16,19 (a) Require any bidder, contractor or subcontractor to enter into or to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB799,16,22 (b) Discriminate against any bidder, contractor or subcontractor for refusing to enter into or continue to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB799,16,25 (c) Require any bidder, contractor or subcontractor to enter into or continue to adhere to or enforce any agreement that requires its employes, as a condition of employment, to do any of the following:

AB799,17,1 1. Become members of or become affiliated with a labor organization.

AB799,17,4 2. Make payments to a labor organization, without the authorization of the employes, exceeding the employes' proportionate share of the cost of collective bargaining, contract administration and grievance adjustment.

AB799,17,9 (3) Any taxpayer of this state or any other person who enters into contracts or subcontracts for building construction services may bring an action to require compliance with sub. (2). If that person prevails in his or her action, the court shall award to that person reasonable actual attorney fees in addition to other costs allowed to prevailing parties under ch. 814.

AB799, s. 27 Section 27. 119.04 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read: