LRB-4830/1
EVM:cjs&emw
2015 - 2016 LEGISLATURE
April 7, 2016 - Introduced by Representatives Ballweg,
Kremer, Murphy,
Vorpagel, Mursau, Born and Skowronski. Referred to Committee on Rules.
AB1026,1,2
1An Act to repeal 85.077 (2) (c);
to amend 85.077 (1); and
to create 85.077 (3m)
2of the statutes;
relating to: bidding requirements for certain railroad projects.
Analysis by the Legislative Reference Bureau
This bill modifies certain bidding requirements related to rail projects that are
funded in any part with public funds.
Under current law, subject to several exceptions, a project involving the
construction, rehabilitation, improvement, demolition, or repair of rail property or
rail property improvements that is funded in any part with public funds must be let
by contract on the basis of competitive bids and the contract must be awarded to the
lowest responsible bidder. Current law also provides that DOT or the recipient of
public funds may not subdivide a project into more than one contract, allocate work
or workers in any manner, or transfer the jurisdiction of a project to avoid these
bidding requirements. Under one of the exceptions, the bidding requirements do not
apply if the project involves only rail property or rail property improvements owned
or leased by a railroad and the project is to be performed by the railroad using its own
employees.
Under this bill, the exception from the bidding requirements for a project
involving only rail property or rail property improvements being performed by the
railroad's own employees is eliminated. In place of this exception, the bill provides
that a railroad may perform any portion of a project using its own employees without
complying with the bidding requirements as to that portion of the project if the
portion of the project involves only rail property or rail property improvements
owned or leased by the railroad.
For further information see the state 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:
AB1026,1
1Section
1. 85.077 (1) of the statutes is amended to read:
AB1026,2,72
85.077
(1) Except as provided in subs. (2)
, (3m), and (4), if a project involving
3the construction, rehabilitation, improvement, demolition, or repair of rail property
4or rail property improvements is funded in any part with public funds, the
5department or the recipient of the public funds shall let the project by contract on the
6basis of competitive bids and shall award the contract to the lowest responsible
7bidder.
AB1026,2
8Section
2. 85.077 (2) (c) of the statutes is repealed.
AB1026,3
9Section
3. 85.077 (3m) of the statutes is created to read:
AB1026,2,1410
85.077
(3m) Notwithstanding sub. (3), a recipient of public funds that is a
11railroad may perform any portion of a project using its own employees without
12complying with sub. (1) as to that portion of the project if that portion of the project
13involves only rail property or rail property improvements owned or leased by the
14railroad.
