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.
SB236,7,822 2. Notwithstanding par. (a), all public road construction, the estimated cost of
23which exceeds $25,000, shall be let by contract to the lowest responsible bidder; all
24other public road construction shall be let as the council may direct.
25Notwithstanding par. (a), if the estimated cost of any public road construction

1exceeds $5,000 but is not greater than $25,000, the board of public works shall give
2a class 1 notice, under ch. 985, of the proposed construction before the contract for
3the construction is executed. This provision does not apply to public road
4construction if the materials for such a project are donated or if the labor for such a
5project is provided by volunteers. The council may also by a vote of three-fourths of
6all the members-elect provide by ordinance that any class of public road construction
7or any part thereof may be done directly by the city without submitting the same for
8bids.
SB236,16 9Section 16 . 62.15 (1e) of the statutes is created to read:
SB236,7,1210 62.15 (1e) Exception for certain donations. Subsection (1) does not apply to
11the construction by a person other than the city of an improvement that is donated
12to the city after the completion of construction.
SB236,17 13Section 17. 66.0901 (1) (as) of the statutes, as affected by 2017 Wisconsin Act
143
, is amended to read:
SB236,7,1915 66.0901 (1) (as) “Municipality" means the state or a town, city, village, school
16district, board of school directors of the school district operating under ch. 119, sewer
17district, drainage district, technical college district or other public or quasi-public
18corporation, officer, board or other public body charged with the duty of receiving bids
19for and awarding any public contracts.
SB236,18 20Section 18. 66.0901 (1m) (a) (intro.) of the statutes is amended to read:
SB236,7,2521 66.0901 (1m) (a) (intro.) Except when necessary to secure federal aid,
22whenever a political subdivision, school district, or the board of school directors of the
23school district operating under ch. 119
lets a public contract by bidding, the political
24subdivision, school district, or board of school directors shall comply with all of the
25following:
SB236,19
1Section 19. 66.0901 (1m) (b) of the statutes is amended to read:
SB236,8,62 66.0901 (1m) (b) Except when necessary to secure federal aid, a political
3subdivision, school district, or the board of school directors of the school district
4operating under ch. 119
may not use a bidding method that gives preference based
5on the geographic location of the bidder or that uses criteria other than the lowest
6responsible bidder in awarding a contract.
SB236,20 7Section 20 . 119.04 (1) of the statutes is amended to read:
SB236,8,208 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
966.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
10115.345, 115.363, 115.365 (3), 115.38 (2), 115.415, 115.445, 118.001 to 118.04,
11118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145
12(4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20,
13118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258,
14118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53,
15118.55, 118.56, 120.12 (2m), (4m), (5), (5m), and (15) to (27), 120.125, 120.127, 120.13
16(1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.137,
17120.14, 120.20, 120.21 (3), and 120.25 are applicable to a 1st class city school district
18and board but not, unless explicitly provided in this chapter or in the terms of a
19contract, to the commissioner or to any school transferred to an opportunity schools
20and partnership program.
SB236,21 21Section 21 . 120.12 (5m) of the statutes is created to read:
SB236,9,322 120.12 (5m) Contracts; advertising for bids; contracts to lowest
23responsible bidder; exception for emergencies.
(a) Subject to s. 120.127, before
24entering into a contract for the construction, repair, remodeling, or improvement of
25a public school building or public school facilities or for the furnishing of supplies or

1materials with an estimated cost greater than $5,000 but not more than $75,000, give
2or direct the school district clerk to give a class 1 notice under ch. 985 of that contract
3or contract with a person qualified as a bidder under s. 66.0901 (2).
SB236,9,134 (b) 1. Except as provided in subds. 2. and 3. and subject to s. 120.127, before
5entering into a contract for the construction, repair, remodeling, or improvement of
6a public school building or public school facilities or for the furnishing of supplies or
7materials with an estimated cost greater than $75,000, advertise or direct the school
8district clerk to advertise for proposals to perform the terms of the contract by
9publishing a class 2 notice under ch. 985. The school board may provide for
10additional means of advertising for bids. The school board shall let a public contract
11for which advertising for proposals is required under this paragraph to the lowest
12responsible bidder. Section 66.0901 applies to public contracts let under this
13paragraph.
SB236,9,1714 2. The school board may, by a three-fourths vote of all the members, provide
15that any construction, repair, remodeling, or improvement described in subd. 1. or
16any part thereof may be done directly by the school district without submitting the
17same for bids.
SB236,9,2118 3. Subdivision 1. does not apply to the construction, repair, remodeling, or
19improvement of a public school building or public school facilities or to the furnishing
20of supplies or materials if the materials for such a project are donated or if the labor
21for such a project is provided by volunteers.
SB236,22 22Section 22 . 120.127 of the statutes is created to read:
SB236,9,25 23120.127 Exception to requirement for notice and bidding of contracts
24in case of emergency.
The provisions of s. 120.12 (5m) are not mandatory for the
25repair or reconstruction of a public school building or public school facilities when

1damage or threatened damage thereto creates an emergency, as determined by
2resolution of the school board, in which the public health or welfare of the school
3district is endangered. Whenever the school board by majority vote at a regular or
4special meeting determines that an emergency no longer exists, this section no longer
5applies.
SB236,23 6Section 23. Initial applicability.
SB236,10,107 (1) Bids threshold. The treatment of sections 60.47 (2) (b), 62.15 (1), 66.0901
8(1m) (a) (intro.), and 120.12 (5m) (b) of the statutes and the renumbering and
9amendment of section 59.52 (29) (a) of the statutes first apply to bids solicited on the
10effective date of this subsection.
SB236,10,1111 (End)
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