AB874: Bill Text

LRB-5122/1

MES:skg:km

1995 - 1996 LEGISLATURE

1995 Assembly BILL 874

February 13, 1996 - Introduced by Representatives Seratti, Musser, Olsen, Ainsworth, Owens and Hahn, cosponsored by Senator Breske, by request of Village of Wittenberg. Referred to Committee on Urban and Local Affairs.

AB874,1,2 An Act to amend 38.18, 43.17 (9) (a), 60.47 (2) (a), 60.47 (2) (b), 61.55 and 62.15 (1) of the statutes; relating to: bid requirements for public contracts.

Analysis by the Legislative Reference Bureau

In general, under current law, before a contract for public construction with a value that exceeds $5,000 but does not exceed $10,000 may be let by a municipality (2nd, 3rd or 4th class city, or a village or town), a class 1 notice of the proposed construction must be given by the municipality's governing body. Before a contract for public construction with a value that exceeds $10,000 may be let by a municipality, certain other requirements, such as a lowest responsible bidder requirement, must be met.

Under this bill, for a municipality with a population of less than 2,000, the class 1 notice requirement applies to contracts for public construction with a value that exceeds $5,000 but does not exceed $30,000, and the other requirements, such as the lowest responsible bidder requirement, apply to contracts that exceed $30,000.

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:

AB874, s. 1 Section 1. 38.18 of the statutes is amended to read:

AB874,2,5 38.18 Contracts and bidding. All contracts made by a district board for public construction in a district, the estimated cost of which exceeds $10,000, shall be let by the district board to the lowest responsible bidder in accordance with s. 62.15 (1) to (11) and (14). For purposes of this section, the district board shall possess the powers conferred by s. 62.15 on the board of public works and the common council of a city with a population of 2,000 or more. All contracts made under this section shall be made in the name of the district and shall be executed by the district board chairperson and district board secretary.

AB874, s. 2 Section 2. 43.17 (9) (a) of the statutes is amended to read:

AB874,2,16 43.17 (9) (a) All contracts for public construction, the estimated cost of which exceeds $5,000, made by a federated public library system whose territory lies within 2 or more counties or by a federated public library system whose territory lies within a single county with a population of at least 500,000 shall be let by the public library system board to the lowest responsible bidder in accordance with s. 62.15 (1) to (11) and (14). For purposes of this section, the system board possesses the powers conferred by s. 62.15 on the board of public works and the common council of a city with a population of 2,000 or more. All contracts made under this section shall be made in the name of the federated public library system and shall be executed by the system board president and such other board officer as the system board designates.

AB874, s. 3 Section 3. 60.47 (2) (a) of the statutes is amended to read:

AB874,2,23 60.47 (2) (a) No town with a population of 2,000 or more may enter into a public contract with an estimated cost of more than $5,000 but not more than $10,000, and no town with a population of less than 2,000 may enter into a public contract with an estimated cost of more than $5,000 but not more than $30,000, unless the town board, or a town official or employe designated by the town board, gives a class 1 notice under ch. 985 before execution of that public contract.

AB874, s. 4 Section 4. 60.47 (2) (b) of the statutes is amended to read:

AB874,3,7 60.47 (2) (b) No town with a population of 2,000 or more may enter into a public contract with a value of more than $10,000, and no town with a population of less than 2,000 may enter into a public contract with a value of more than $30,000, unless the town board, or a town official or employe designated by the town board, advertises for proposals to perform the terms of the public contract by publishing a class 2 notice under ch. 985. The town board may provide for additional means of advertising for bids.

AB874, s. 5 Section 5. 61.55 of the statutes is amended to read:

AB874,3,25 61.55 Contracts involving over $10,000; how let; exception. All In a village with a population of 2,000 or more, all contracts for public construction, in any such village, exceeding $10,000 with a value of more than $10,000, and in a village with a population of less than 2,000, all contracts for public construction with a value of more than $30,000, shall be let by the village board to the lowest responsible bidder in accordance with s. 66.29 insofar as said section may be applicable. If In a village with a population of 2,000 or more, if the estimated cost of any public construction exceeds $5,000, but is not greater than $10,000, and in a village with a population of less than 2,000, if the estimated cost of any public construction exceeds $5,000, but is not greater than $30,000, 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. 144.04 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.

AB874, s. 6 Section 6. 62.15 (1) of the statutes is amended to read:

AB874,4,14 62.15 (1) Contracts; how let. All public construction in a city with a population of 2,000 or more, the estimated cost of which exceeds $10,000, and all public construction in a city with a population of less than 2,000, the estimated cost of which exceeds $30,000, shall be let by contract to the lowest responsible bidder; all other public construction shall be let as the council may direct. If the estimated cost of any public construction in a city with a population of 2,000 or more exceeds $5,000 but is not greater than $10,000, and if the estimated cost of any public construction in a city with a population of less than 2,000 exceeds $5,000 but is not greater than $30,000, the board of public works shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed. The council may also by a vote of three-fourths of all the members-elect provide by ordinance that any class of public construction or any part thereof may be done directly by the city without submitting the same for bids.

AB874,4,15 (End)