LRB-1190/2
TKK:kjf
2017 - 2018 LEGISLATURE
May 11, 2017 - Introduced by Senators Stroebel, LeMahieu, Olsen, Feyen,
Kapenga, Cowles and Tiffany, cosponsored by Representatives R. Brooks,
Macco, Quinn, Horlacher, Brandtjen, Kulp, Petersen, Gannon, Thiesfeldt,
Tittl, Kleefisch, E. Brooks, Spiros, Ripp, Schraa, Kremer, Krug, Rohrkaste,
Katsma and Steffen. Referred to Committee on Economic Development,
Commerce and Local Government.
SB236,1,7 1An Act to renumber and amend 59.52 (29) (a), 60.47 (5) and 62.15 (1); to
2amend
60.47 (1) (a), 60.47 (2) (a), 60.47 (2) (b), 60.47 (3), 60.47 (4), 60.47 (5)
3(title), 66.0901 (1) (as), 66.0901 (1m) (a) (intro.), 66.0901 (1m) (b) and 119.04 (1);
4and to create 59.52 (29) (am), 59.52 (29) (c) 2., 60.47 (1) (am), 60.47 (2m), 60.47
5(5) (c), 62.15 (1) (b), 62.15 (1e), 120.12 (5m) and 120.127 of the statutes; relating
6to:
competitive bidding thresholds and requiring school districts to utilize
7competitive bidding.
Analysis by the Legislative Reference Bureau
This bill increases to $75,000, with an exception for certain highway projects,
the threshold governing sealed, competitive bids that is applicable to a local unit of
government. Under current law, if the estimated cost of a public works project
exceeds $25,000, the state or local unit of government must solicit bids and award
the public works contract to the lowest responsible bidder.
The bill also requires a school board and the board of school directors of the
Milwaukee Public Schools to comply with these bidding requirements.
The bill also provides an exception to bidding requirements for improvements
that are constructed by a person other than the local unit of government and donated
to a local unit of government after the completion of construction.

For further information see the state and 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:
SB236,1 1Section 1. 59.52 (29) (a) of the statutes is renumbered 59.52 (29) (a) 1. and
2amended to read:
SB236,2,63 59.52 (29) (a) 1. All public work, including any contract for the construction,
4repair, remodeling, or improvement of any public work, building, or furnishing of
5supplies or material of any kind where the estimated cost of such work will exceed
6$25,000 $75,000 shall be let by contract to the lowest responsible bidder.
SB236,2,8 73. Any public work, the estimated cost of which does not exceed $25,000
8$75,000, shall be let as the board may direct.
SB236,2,11 94. If the estimated cost of any public work is between $5,000 and $25,000
10$75,000, the board shall give a class 1 notice under ch. 985 before it contracts for the
11work or shall contract with a person qualified as a bidder under s. 66.0901 (2).
SB236,2,15 122. A contract, the estimated cost of which exceeds $25,000 $75,000, shall be let
13and entered into under s. 66.0901, except that the board may by a three-fourths vote
14of all the members entitled to a seat provide that any class of public work or any part
15thereof may be done directly by the county without submitting the same for bids.
SB236,2,17 16(c) 1. This subsection does not apply to public construction if the materials for
17such a project are donated or if the labor for such a project is provided by volunteers.
SB236,2,20 18(d) This subsection does not apply to highway contracts which the county
19highway committee or the county highway commissioner is authorized by law to let
20or make.
SB236,2 21Section 2. 59.52 (29) (am) of the statutes is created to read:
SB236,3,3
159.52 (29) (am) 1. In this paragraph, “public road project” means a public work
2project for the construction, repair, or maintenance of a public road of which the
3county is in control or for which the county is responsible.
SB236,3,154 2. Notwithstanding par. (a) 1., if the estimated cost of a public road project
5exceeds $25,000, the board shall let the project by contract to the lowest responsible
6bidder. Notwithstanding par. (a) 3., if the estimated cost of a public road project does
7not exceed $25,000, the board may let the project in any manner. Notwithstanding
8par. (a) 4., if the estimated cost of a public road project is between $5,000 and $25,000,
9the board shall give a class 1 notice under ch. 985 before it contracts for the project
10or shall contract with a person qualified as a bidder under s. 66.0901 (2).
11Notwithstanding par. (a) 2., if the estimated cost of a public road project exceeds
12$25,000, the board shall let the project by contract and enter into the contract under
13s. 66.0901, except that the board may, by a three-fourths vote of all the members
14entitled to a seat, provide that any portion of the project may be completed directly
15by the county without submitting that portion of the project for bids.
SB236,3 16Section 3. 59.52 (29) (c) 2. of the statutes is created to read:
SB236,3,1917 59.52 (29) (c) 2. This subsection does not apply to the construction by a person
18other than the county of an improvement that is donated to the county after the
19completion of construction.
SB236,4 20Section 4. 60.47 (1) (a) of the statutes is amended to read:
SB236,3,2421 60.47 (1) (a) “Public contract" means a contract for the construction, execution,
22repair, remodeling or improvement of any public work or building or for the
23furnishing of materials or supplies, with an estimated cost greater than $5,000
24$25,000.
SB236,5 25Section 5. 60.47 (1) (am) of the statutes is created to read:
SB236,4,3
160.47 (1) (am) “Public road contract” means a contract for the construction,
2repair, or maintenance of a public road of which the town is in control or for which
3the town is responsible.
SB236,6 4Section 6. 60.47 (2) (a) of the statutes is amended to read:
SB236,4,85 60.47 (2) (a) No town may enter into a public contract with an estimated cost
6of more than $5,000 but not more than $25,000 $75,000 unless the town board, or a
7town official or employee designated by the town board, gives a class 1 notice under
8ch. 985 before execution of that public contract.
SB236,7 9Section 7. 60.47 (2) (b) of the statutes is amended to read:
SB236,4,1410 60.47 (2) (b) No town may enter into a public contract with a value of more than
11$25,000 $75,000 unless the town board, or a town official or employee designated by
12the town board, advertises for proposals to perform the terms of the public contract
13by publishing a class 2 notice under ch. 985. The town board may provide for
14additional means of advertising for bids.
SB236,8 15Section 8. 60.47 (2m) of the statutes is created to read:
SB236,4,2516 60.47 (2m) Public road contracts. Notwithstanding sub. (2) and except as
17provided in subs. (4) and (5), no town may enter into a public road contract with an
18estimated cost of more than $5,000 but not more than $25,000 unless the town board,
19or a town official or employee designated by the town board, gives a class 1 notice
20under ch. 985 before execution of that public road contract. Notwithstanding sub.
21(2) and except as provided in subs. (4) and (5), no town may enter into a public road
22contract with a value of more than $25,000, unless the town board, or a town official
23or employee designated by the town board, advertises for proposals to perform the
24terms of the public road contract by publishing a class 2 notice under ch. 985. The
25town board may provide for additional means of advertising for bids.
SB236,9
1Section 9. 60.47 (3) of the statutes is amended to read:
SB236,5,62 60.47 (3) Contracts to lowest responsible bidder. The town board shall let
3a public contract or public road contract, for which advertising for proposals is
4required under sub. (2) (b) or (2m) to the lowest responsible bidder. Section 66.0901
5applies to public contracts or public road contracts let under sub. subs. (2) (b) and
6(2m)
.
SB236,10 7Section 10. 60.47 (4) of the statutes is amended to read:
SB236,5,108 60.47 (4) Contracts with governmental entities. This section does not apply
9to public contracts or public road contracts, entered into by a town with a
10municipality, as defined under s. 66.0301 (1) (a).
SB236,11 11Section 11. 60.47 (5) (title) of the statutes is amended to read:
SB236,5,1312 60.47 (5) (title) Exception for emergencies and donated materials and labor
13certain donations.
SB236,12 14Section 12. 60.47 (5) of the statutes is renumbered 60.47 (5) (a) and amended
15to read:
SB236,5,2116 60.47 (5) (a) This section is optional with respect to public contracts and public
17road contracts
for the repair and construction of public facilities when damage or
18threatened damage to the facility creates an emergency, as declared by resolution of
19the town board, that endangers the public health or welfare of the town. This
20subsection no longer applies when the town board declares that the emergency no
21longer exists.
SB236,5,25 22(b) This section is optional with respect to a public contract or public road
23contract
if the materials related to the contract are donated or if the labor that is
24necessary to execute the public contract or public road contract is provided by
25volunteers.
SB236,13
1Section 13. 60.47 (5) (c) of the statutes is created to read:
SB236,6,42 60.47 (5) (c) This section does not apply to the construction by a person other
3than the town of an improvement that is donated to the town after the completion
4of construction.
SB236,14 5Section 14. 62.15 (1) of the statutes is renumbered 62.15 (1) (a) and amended
6to read:
SB236,6,177 62.15 (1) (a) All public construction, the estimated cost of which exceeds
8$25,000 $75,000, shall be let by contract to the lowest responsible bidder; all other
9public construction shall be let as the council may direct. If the estimated cost of any
10public construction exceeds $5,000 but is not greater than $25,000 $75,000, the board
11of public works shall give a class 1 notice, under ch. 985, of the proposed construction
12before the contract for the construction is executed. This provision does not apply to
13public construction if the materials for such a project are donated or if the labor for
14such a project is provided by volunteers. The council may also by a vote of
15three-fourths of all the members-elect provide by ordinance that any class of public
16construction or any part thereof may be done directly by the city without submitting
17the same for bids.
SB236,15 18Section 15. 62.15 (1) (b) of the statutes is created to read:
SB236,6,2119 62.15 (1) (b) 1. In this paragraph, “public road construction” means a public
20construction project involving the construction, repair, or maintenance of a public
21road of which the city is in control or for which the city is responsible.
Loading...
Loading...