2019 - 2020 LEGISLATURE
ASSEMBLY AMENDMENT 2,
TO ASSEMBLY BILL 285
June 12, 2019 - Offered by Representative Thiesfeldt.
AB285-AA2,1,11 At the locations indicated, amend the bill as follows:
AB285-AA2,1,2 21. Page 1, line 2: delete “for highway improvements".
AB285-AA2,1,3 32. Page 1, line 3: before that line insert:
AB285-AA2,1,5 4 Section 1c. 59.52 (29) (a) of the statutes is renumbered 59.52 (29) (a) 1. and
5amended to read:
AB285-AA2,1,96 59.52 (29) (a) 1. All public work, including any contract for the construction,
7repair, remodeling, or improvement of any public work, building, or furnishing of
8supplies or material of any kind where the estimated cost of such work will exceed
9$25,000 $50,000 shall be let by contract to the lowest responsible bidder.
AB285-AA2,1,11 103. Any public work, the estimated cost of which does not exceed $25,000
11$50,000, shall be let as the board may direct.
AB285-AA2,2,3
14. If the estimated cost of any public work is between $5,000 and $25,000
2$50,000, the board shall give a class 1 notice under ch. 985 before it contracts for the
3work or shall contract with a person qualified as a bidder under s. 66.0901 (2).
AB285-AA2,2,7 42. A contract, the estimated cost of which exceeds $25,000 $50,000, shall be let
5and entered into under s. 66.0901, except that the board may by a three-fourths vote
6of all the members entitled to a seat provide that any class of public work or any part
7thereof may be done directly by the county without submitting the same for bids.
AB285-AA2,2,9 8(c) This subsection does not apply to public construction if the materials for
9such a project are donated or if the labor for such a project is provided by volunteers.
AB285-AA2,2,12 10(d) This subsection does not apply to highway contracts which the county
11highway committee or the county highway commissioner is authorized by law to let
12or make.
AB285-AA2,1d 13Section 1d. 60.47 (1) (a) of the statutes is amended to read:
AB285-AA2,2,1714 60.47 (1) (a) “Public contract" means a contract for the construction, execution,
15repair, remodeling or improvement of any public work or building or for the
16furnishing of materials or supplies, with an estimated cost greater than $5,000
17$50,000.
AB285-AA2,1e 18Section 1e. 60.47 (1) (am) of the statutes is created to read:
AB285-AA2,2,2319 60.47 (1) (am) “Public highway contract” means a contract for the construction,
20improvement, repair, or corrective or preventative maintenance of a highway.
21“Public highway contract” does not include a contract for routine maintenance
22incidental to the preservation of a highway, including snow and ice removal, ditch
23cleaning, mowing, tree trimming, sealing, crack filling, or grading.
AB285-AA2,1f 24Section 1f. 60.47 (2) (a) of the statutes is amended to read:
AB285-AA2,3,4
160.47 (2) (a) No town may enter into a public contract with an estimated cost
2of more than $5,000 but not more than $25,000 $50,000 unless the town board, or a
3town official or employee designated by the town board, gives a class 1 notice under
4ch. 985 before execution of that public contract.
AB285-AA2,1g 5Section 1g. 60.47 (2) (b) of the statutes is amended to read:
AB285-AA2,3,106 60.47 (2) (b) No town may enter into a public contract with a value of more than
7$25,000 $50,000 unless the town board, or a town official or employee designated by
8the town board, advertises for proposals to perform the terms of the public contract
9by publishing a class 2 notice under ch. 985. The town board may provide for
10additional means of advertising for bids.
AB285-AA2,1h 11Section 1h. 60.47 (2m) of the statutes is created to read:
AB285-AA2,3,2212 60.47 (2m) Public highway contracts. Notwithstanding sub. (2) and except
13as provided in subs. (4) and (5), no town may enter into a public highway contract
14with an estimated cost of more than $5,000 but not more than $25,000 unless the
15town board, or a town official or employee designated by the town board, gives a class
161 notice under ch. 985 before execution of that public highway contract.
17Notwithstanding sub. (2) and except as provided in subs. (4) and (5), no town may
18enter into a public highway contract with a value of more than $25,000, unless the
19town board, or a town official or employee designated by the town board, advertises
20for proposals to perform the terms of the public highway contract by publishing a
21class 2 notice under ch. 985. The town board may provide for additional means of
22advertising for bids.
AB285-AA2,1i 23Section 1i. 60.47 (3) of the statutes is amended to read:
AB285-AA2,4,324 60.47 (3) Contracts to lowest responsible bidder. The town board shall let
25a public contract or public highway contract, for which advertising for proposals is

1required under sub. (2) (b) or (2m) to the lowest responsible bidder. Section 66.0901
2applies to public contracts or public highway contracts let under sub. subs. (2) (b) and
3(2m)
.
AB285-AA2,1j 4Section 1j. 60.47 (4) of the statutes is amended to read:
AB285-AA2,4,75 60.47 (4) Contracts with governmental entities. This section does not apply
6to public contracts or public highway contracts, entered into by a town with a
7municipality, as defined under s. 66.0301 (1) (a).
AB285-AA2,1k 8Section 1k. 60.47 (5) (title) of the statutes is amended to read:
AB285-AA2,4,109 60.47 (5) (title) Exception for emergencies and donated materials and labor
10certain donations.
AB285-AA2,1L 11Section 1L. 60.47 (5) of the statutes is renumbered 60.47 (5) (a) and amended
12to read:
AB285-AA2,4,1813 60.47 (5) (a) This section is optional with respect to public contracts and public
14highway contracts
for the repair and construction of public facilities when damage
15or threatened damage to the facility creates an emergency, as declared by resolution
16of the town board, that endangers the public health or welfare of the town. This
17subsection no longer applies when the town board declares that the emergency no
18longer exists.
AB285-AA2,4,22 19(b) This section is optional with respect to a public contract or public highway
20contract
if the materials related to the contract are donated or if the labor that is
21necessary to execute the public contract or public highway contract is provided by
22volunteers.
AB285-AA2,1m 23Section 1m. 62.15 (1) of the statutes is renumbered 62.15 (1) (a) and amended
24to read:
AB285-AA2,5,11
162.15 (1) (a) All public construction, the estimated cost of which exceeds
2$25,000 $50,000, shall be let by contract to the lowest responsible bidder; all other
3public construction shall be let as the council may direct. If the estimated cost of any
4public construction exceeds $5,000 but is not greater than $25,000 $50,000, the board
5of public works shall give a class 1 notice, under ch. 985, of the proposed construction
6before the contract for the construction is executed. This provision does not apply to
7public construction if the materials for such a project are donated or if the labor for
8such a project is provided by volunteers. The council may also by a vote of
9three-fourths of all the members-elect provide by ordinance that any class of public
10construction or any part thereof may be done directly by the city without submitting
11the same for bids.
AB285-AA2,1n 12Section 1n. 62.15 (1) (b) of the statutes is created to read:
AB285-AA2,5,1713 62.15 (1) (b) 1. In this paragraph, “public highway construction” means the
14construction, improvement, repair, or corrective or preventative maintenance of a
15highway. “Public highway construction” does not include a contract for routine
16maintenance incidental to the preservation of a highway, including snow and ice
17removal, ditch cleaning, mowing, tree trimming, sealing, crack filling, or regrading.
AB285-AA2,6,418 2. Notwithstanding par. (a), all public highway construction, the estimated cost
19of which exceeds $25,000, shall be let by contract to the lowest responsible bidder;
20all other public highway construction shall be let as the council may direct.
21Notwithstanding par. (a), if the estimated cost of any public highway construction
22exceeds $5,000 but is not greater than $25,000, the board of public works shall give
23a class 1 notice, under ch. 985, of the proposed construction before the contract for
24the construction is executed. This provision does not apply to public highway
25construction if the materials for such a project are donated or if the labor for such a

1project is provided by volunteers. The council may also by a vote of three-fourths of
2all the members-elect provide by ordinance that any class of public highway
3construction or any part thereof may be done directly by the city without submitting
4the same for bids.”.
AB285-AA2,6,5 53. Page 3, line 2: after that line insert:
AB285-AA2,6,7 6 Section 2g. 86.51 of the statutes, as affected by 2017 Wisconsin Act 368, is
7repealed and recreated to read:
AB285-AA2,6,8 886.51 Requirements for local projects. (1) In this section:
AB285-AA2,6,119 (a) “Local bridge" means a bridge that is not on the state trunk highway system
10or on marked routes of the state trunk highway system designated as connecting
11highways.
AB285-AA2,6,1312 (b) “Local roads" means streets under the authority of cities or villages, county
13trunk highways, or town roads.
AB285-AA2,6,1414 (c) “Political subdivision” means a county, city, village, or town.
AB285-AA2,6,1615 (d) “Project" means the development, construction, repair, or improvement of
16a local road or a local bridge.
AB285-AA2,6,19 17(2) If the department disburses aid to a political subdivision for a project, the
18department shall notify the political subdivision whether the aid includes federal
19moneys and which project components must be paid for with federal moneys, if any.
AB285-AA2,6,22 20(3) For any project meeting all of the following criteria, the department may
21not require a political subdivision to comply with any portion of the department's
22facilities development manual other than design standards:
AB285-AA2,6,2423 (a) The project proposal is reviewed and approved by a professional engineer
24or by the highway commissioner for the county in which the project will be located.
AB285-AA2,7,2
1(b) The project is conducted by a political subdivision with no expenditure of
2federal money.
AB285-AA2,7,6 3(4) Any local project funded in whole or in part with state funds under the
4surface transportation urban program, the surface transportation rural program, or
5the local bridge program shall be let through competitive bidding and by contract to
6the lowest responsible bidder as provided in s. 84.06 (2).
AB285-AA2,2s 7Section 2s. 200.47 (2) (a) of the statutes is amended to read:
AB285-AA2,7,168 200.47 (2) (a) Except as provided in par. (b), all work done and all purchases
9of supplies and materials by the commission shall be by contract awarded to the
10lowest responsible bidder complying with the invitation to bid, if the work or
11purchase involves an expenditure of $20,000 $50,000 or more. If the commission
12decides to proceed with construction of any sewer after plans and specifications for
13the sewer are completed and approved by the commission and by the department of
14natural resources under ch. 281, the commission shall advertise by a class 2 notice
15under ch. 985 for construction bids. All contracts and the awarding of contracts are
16subject to s. 66.0901.”.
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