AB285: Bill Text

AB285,11,9 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.

AB285,11,12 3. Require any bidder, contractor, or subcontractor to enter into, continue to adhere to, or enforce any agreement that requires its employees, as a condition of employment, to do any of the following:

AB285,11,13 a. Become members of or become affiliated with a labor organization.

AB285,11,16 b. Make payments to a labor organization, without the authorization of the employees, exceeding the employees' proportionate share of the cost of collective bargaining, contract administration, and grievance adjustment.

AB285,11,21 (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.

AB285, s. 18 Section 18. 66.0133 (3) of the statutes is amended to read:

AB285,12,13 66.0133 (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, 66.0131 (2), 66.0923 (10), 66.0925 (10), 66.0927 (11), 66.1333 (5) (a) 2., 200.11 (5) (d), and 200.47 (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 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.

AB285, s. 19 Section 19. 84.06 (2) (a) of the statutes is amended to read:

AB285,13,9 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) 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.

AB285, s. 20 Section 20. 85.017 of the statutes is created to read:

AB285,13,13 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).

AB285,13,16 (2) The secretary shall ensure that the specifications for bids and contracts for construction or maintenance projects entered into by the secretary or the department do not do any of the following:

AB285,13,19 (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.

AB285,13,22 (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.

AB285,13,25 (c) Require any bidder, contractor, or subcontractor to enter into, continue to adhere to, or enforce any agreement that requires its employees, as a condition of employment, to do any of the following:

AB285,14,1 1. Become members of or become affiliated with a labor organization.

AB285,14,4 2. Make payments to a labor organization, without the authorization of the employees, exceeding the employees' proportionate share of the cost of collective bargaining, contract administration, and grievance adjustment.

AB285,14,9 (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.

AB285, s. 21 Section 21. 86.31 (2) (b) of the statutes is amended to read:

AB285,14,18 86.31 (2) (b) Except as provided in par. (d), improvements for highway construction projects funded under the program shall be under contracts. Such The contracts are subject to ss. 59.52 (29) (c), 60.47 (5m), 61.55 (3), and 62.15 (15). The contracts shall be awarded on the basis of competitive bids and shall be awarded to the lowest responsible bidder. If a city or village does not receive a responsible bid for an improvement, the city or village may contract with a county for the improvement. A town may contract with a county for the improvement subject to the criteria and procedures promulgated as rules under sub. (6) (h).

AB285, s. 22 Section 22. 118.265 of the statutes is created to read:

AB285,14,21 118.265 Contracts with labor organizations. (1) In this section, "labor organization" has the meaning given in s. 5.02 (8m).

AB285,14,24 (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:

AB285,15,3 (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.

AB285,15,6 (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.

AB285,15,9 (c) Require any bidder, contractor, or subcontractor to enter into, continue to adhere to, or enforce any agreement that requires its employees, as a condition of employment, to do any of the following:

AB285,15,10 1. Become members of or become affiliated with a labor organization.

AB285,15,13 2. Make payments to a labor organization, without the authorization of the employees, exceeding the employees' proportionate share of the cost of collective bargaining, contract administration, and grievance adjustment.

AB285,15,18 (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.

AB285, s. 23 Section 23. 119.04 (1) of the statutes is amended to read:

AB285,16,2 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.265, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (26), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35) and (37), 120.14 and 120.25 are applicable to a 1st class city school district and board.

AB285, s. 24 Section 24. 200.01 (3s) of the statutes is created to read:

AB285,16,4 200.01 (3s) "Labor organization" has the meaning given in s. 5.02 (8m).

AB285, s. 25 Section 25. 200.11 (5m) of the statutes is created to read:

AB285,16,8 200.11 (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:

AB285,16,11 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.

AB285,16,14 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.

AB285,16,17 3. Require any bidder, contractor, or subcontractor to enter into, continue to adhere to, or enforce any agreement that requires its employees, as a condition of employment, to do any of the following:

AB285,16,18 a. Become members of or become affiliated with a labor organization.

AB285,16,21 b. Make payments to a labor organization, without the authorization of the employees, exceeding the employees' proportionate share of the cost of collective bargaining, contract administration, and grievance adjustment.

AB285,17,2 (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.

AB285, s. 26 Section 26. 200.21 (5s) of the statutes is created to read:

AB285,17,4 200.21 (5s) "Labor organization" has the meaning given in s. 5.02 (8m).

AB285, s. 27 Section 27. 200.47 (6) of the statutes is created to read:

AB285,17,8 200.47 (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:

AB285,17,11 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.

AB285,17,14 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.

AB285,17,17 3. Require any bidder, contractor, or subcontractor to enter into, continue to adhere to, or enforce any agreement that requires its employees, as a condition of employment, to do any of the following:

AB285,17,18 a. Become members of or become affiliated with a labor organization.

AB285,17,21 b. Make payments to a labor organization, without the authorization of the employees, exceeding the employees' proportionate share of the cost of collective bargaining, contract administration, and grievance adjustment.

AB285,18,2 (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.

AB285, s. 28 Section 28. 229.41 (8m) of the statutes is created to read:

AB285,18,4 229.41 (8m) "Labor organization" has the meaning given in s. 5.02 (8m).

AB285, s. 29 Section 29. 229.44 (4) (d) of the statutes is amended to read:

AB285,18,10 229.44 (4) (d) Enter into contracts. All contracts, the estimated costs of which exceed $30,000, are subject to s. 229.46 (8), except contracts subject to s. 229.46 (5) and contracts for personal or professional services,. The contracts shall be subject to bid and shall be awarded to the lowest qualified and competent bidder. The district may reject any bid that is submitted under this paragraph.

AB285, s. 30 Section 30. 229.46 (8) of the statutes is created to read:

AB285,18,14 229.46 (8) (a) The district shall ensure that the specifications for bids and contracts for construction projects entered into under this subchapter do not do any of the following:

AB285,18,17 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.

AB285,18,20 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.

AB285,18,23 3. Require any bidder, contractor, or subcontractor to enter into, continue to adhere to, or enforce any agreement that requires its employees, as a condition of employment, to do any of the following:

AB285,18,24 a. Become members of or become affiliated with a labor organization.

AB285,19,3 b. Make payments to a labor organization, without the authorization of the employees, exceeding the employees' proportionate share of the cost of collective bargaining, contract administration, and grievance adjustment.

AB285,19,8 (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.

AB285, s. 31 Section 31. 229.65 (6m) of the statutes is created to read:

AB285,19,10 229.65 (6m) "Labor organization" has the meaning given in s. 5.02 (8m).

AB285, s. 32 Section 32. 229.68 (4) (d) of the statutes is amended to read:

AB285,19,16 229.68 (4) (d) Enter into contracts, subject to s. 229.682 (9) and to such standards as may be established by the district board. The district board may award any such contract for any combination or division of work it designates and, subject to s. 229.682 (9), may consider any factors in awarding a contract, including price, time for completion of work and qualifications and past performance of a contractor.

AB285, s. 33 Section 33. 229.682 (9) of the statutes is created to read:

AB285,19,20 229.682 (9) Contracts with labor organizations. (a) The district shall ensure that the specifications for bids and contracts for construction projects entered into under this subchapter do not do any of the following:

AB285,19,23 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.

AB285,20,3 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.

AB285,20,6 3. Require any bidder, contractor, or subcontractor to enter into, continue to adhere to, or enforce any agreement that requires its employees, as a condition of employment, to do any of the following:

AB285,20,7 a. Become members of or become affiliated with a labor organization.

AB285,20,10 b. Make payments to a labor organization, without the authorization of the employees, exceeding the employees' proportionate share of the cost of collective bargaining, contract administration, and grievance adjustment.

AB285,20,15 (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.

AB285, s. 34 Section 34. 229.821 (8m) of the statutes is created to read:

AB285,20,17 229.821 (8m) "Labor organization" has the meaning given in s. 5.02 (8m).

AB285, s. 35 Section 35. 229.824 (4) (d) of the statutes is amended to read:

AB285,20,23 229.824 (4) (d) Enter into contracts, subject to s. 229.827 (4) and to such standards as may be established by the district board. The district board may award any such contract for any combination or division of work it designates and, subject to s. 229.827 (4), may consider any factors in awarding a contract, including price, time for completion of work and qualifications and past performance of a contractor.

AB285, s. 36 Section 36. 229.827 (4) of the statutes is created to read:

AB285,21,3 229.827 (4) (a) The district shall ensure that the specifications for bids and contracts for construction projects entered into under this subchapter do not do any of the following:

AB285,21,6 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.

AB285,21,9 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.

AB285,21,12 3. Require any bidder, contractor, or subcontractor to enter into, continue to adhere to, or enforce any agreement that requires its employees, as a condition of employment, to do any of the following:

AB285,21,13 a. Become members of or become affiliated with a labor organization.

AB285,21,16 b. Make payments to a labor organization, without the authorization of the employees, exceeding the employees' proportionate share of the cost of collective bargaining, contract administration, and grievance adjustment.

AB285,21,21 (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.

AB285, s. 37 Section 37. Initial applicability.

AB285,22,4 (1) The treatment of sections 16.855 (14m), 20.931, 61.55 (title), (1), and (3), 62.15 (1e) and (15), 84.06 (2) (a), 85.017, 86.31 (2) (b), 118.265, 200.01 (3s), 200.11 (5m), 200.21 (5s), 200.47 (6), 229.41 (8m), 229.44 (4) (d), 229.46 (8), 229.65 (6m), 229.68 (4) (d), 229.682 (9), 229.821 (8m), 229.824 (4) (d) and 229.827 (4) of the statutes and the renumbering and amendment of section 61.55 of the statutes first apply to grants that are made and bids and contracts that are let, entered into, extended, modified, or renewed on the effective date of this subsection.