Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB688 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Date of enactment:
2		-	2023 Senate Bill 688 Date of publication*:
3		-	2023 WISCONSIN ACT
4		-	AN ACT to renumber and amend 59.52 (29) (a), 60.47 (5) and 62.15 (1); to amend 60.47 (2) (a), 60.47 (2) (b), 60.47
5		-	(3), 60.47 (4), 60.47 (5) (title), 66.0901 (1) (as), 66.0901 (1m) (a) (intro.), 66.0901 (1m) (b), 119.04 (1) and 200.47
6		-	(2) (a); and to create 59.52 (29) (am), 59.52 (29) (c) 2., 60.47 (1) (am), 60.47 (2m), 60.47 (5) (c), 62.15 (1) (b), 120.12
7		-	(5m) and 120.127 of the statutes; relating to: local government competitive bidding thresholds and requiring school
8		-	districts to utilize competitive bidding.
9		-	The people of the state of Wisconsin, represented in
10		-	senate and assembly, do enact as follows:
11		-	SECTION 1. 59.52 (29) (a) of the statutes is renum-
12		-	bered 59.52 (29) (a) 1. and amended to read:
13		-	59.52 (29) (a) 1. All public work, including any con-
14		-	tract for the construction, repair, remodeling, or improve-
15		-	ment of any public work, building, or furnishing of sup-
16		-	plies or material of any kind where the estimated cost of
17		-	such work will exceed $25,000 $50,000 shall be let by
18		-	contract to the lowest responsible bidder.
19		-	3. Any public work, the estimated cost of which does
20		-	not exceed $25,000 $50,000, shall be let as the board may
21		-	direct.
22		-	4. If the estimated cost of any public work is between
23		-	$5,000 and $25,000 $50,000, the board shall give a class
24		-	1 notice under ch. 985 before it contracts for the work or
25		-	shall contract with a person qualified as a bidder under s.
26		-	66.0901 (2).
27		-	2. A contract, the estimated cost of which exceeds
28		-	$25,000 $50,000, shall be let and entered into under s.
29		-	66.0901, except that the board may by a three−fourths
30		-	vote of all the members entitled to a seat provide that any
31		-	class of public work or any part thereof may be done
32		-	directly by the county without submitting the same for
33		-	bids.
34		-	(c) 1. This subsection does not apply to public con-
35		-	struction if the materials for such a the project are
36		-	donated or if the labor for such a the project is provided
37		-	by volunteers.
38		-	(d) This subsection does not apply to highway con-
39		-	tracts which the county highway committee or the county
40		-	highway commissioner is authorized by law to let or
41		-	make.
42		-	SECTION 2. 59.52 (29) (am) of the statutes is created
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 SENATE BILL 688
	5	+	November 15, 2023 - Introduced by Senators STROEBEL, FELZKOWSKI and TOMCZYK,
	6	+	cosponsored by Representatives BROOKS, BEHNKE, BODDEN, BRANDTJEN,
	7	+	DITTRICH, MOSES, O'CONNOR, ROZAR, SORTWELL and ZIMMERMAN. Referred to
	8	+	Committee on Transportation and Local Government.
	9	+	AN ACT to renumber and amend 59.52 (29) (a), 60.47 (5) and 62.15 (1); to
	10	+	amend 60.47 (2) (a), 60.47 (2) (b), 60.47 (3), 60.47 (4), 60.47 (5) (title), 66.0901
	11	+	(1) (as), 66.0901 (1m) (a) (intro.), 66.0901 (1m) (b) and 119.04 (1); and to create
	12	+	59.52 (29) (am), 59.52 (29) (c) 2., 60.47 (1) (am), 60.47 (2m), 60.47 (5) (c), 62.15
	13	+	(1) (b), 120.12 (5m) and 120.127 of the statutes; relating to: local government
	14	+	competitive bidding thresholds and requiring school districts to utilize
	15	+	competitive bidding.
	16	+	Analysis by the Legislative Reference Bureau
	17	+	This bill increases to $50,000, with an exception for certain highway projects,
	18	+	the threshold governing sealed, competitive bids that is applicable to a local unit of
	19	+	government. Under current law, if the estimated cost of a public works project
	20	+	exceeds $25,000, the state or local unit of government must solicit bids and award
	21	+	the public works contract to the lowest responsible bidder.
	22	+	The bill also requires a school board and the board of school directors of the
	23	+	Milwaukee Public Schools to comply with these bidding requirements if the
	24	+	estimated cost of a contract exceeds $150,000 and the contract is for the construction,
	25	+	repair, remodeling, or improvement of a public school building or for the furnishing
	26	+	of supplies or materials.
	27	+	The bill provides an exception to the bidding requirements for improvements
	28	+	that are constructed by a person other than a town or county and donated to a town
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	37	+	SENATE BILL 688
	38	+	or county after the completion of construction. A similar exception for donated
	39	+	improvements currently exists for improvements donated to a city or village. The bill
	40	+	also provides an exception to the bidding requirements that apply to school boards
	41	+	and the MPS board of school directors if the school board or board of directors
	42	+	determines that damage or potential damage to a public school building endangers
	43	+	the public health or welfare.
	44	+	For further information see the state and local fiscal estimate, which will be
	45	+	printed as an appendix to this bill.
	46	+	The people of the state of Wisconsin, represented in senate and assembly, do
	47	+	enact as follows:
	48	+	SECTION 1. 59.52 (29) (a) of the statutes is renumbered 59.52 (29) (a) 1. and
	49	+	amended to read:
	50	+	59.52 (29) (a) 1. All public work, including any contract for the construction,
	51	+	repair, remodeling, or improvement of any public work, building, or furnishing of
	52	+	supplies or material of any kind where the estimated cost of such work will exceed
	53	+	$25,000 $50,000 shall be let by contract to the lowest responsible bidder.
	54	+	3. Any public work, the estimated cost of which does not exceed $25,000
	55	+	$50,000, shall be let as the board may direct.
	56	+	4. If the estimated cost of any public work is between $5,000 and $25,000
	57	+	$50,000, the board shall give a class 1 notice under ch. 985 before it contracts for the
	58	+	work or shall contract with a person qualified as a bidder under s. 66.0901 (2).
	59	+	2. A contract, the estimated cost of which exceeds $25,000 $50,000, shall be let
	60	+	and entered into under s. 66.0901, except that the board may by a three-fourths vote
	61	+	of all the members entitled to a seat provide that any class of public work or any part
	62	+	thereof may be done directly by the county without submitting the same for bids.
	63	+	(c) 1. This subsection does not apply to public construction if the materials for
	64	+	such a the project are donated or if the labor for such a the project is provided by
	65	+	volunteers.
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	86	+	SECTION 1
	87	+	SENATE BILL 688
	88	+	(d) This subsection does not apply to highway contracts which the county
	89	+	highway committee or the county highway commissioner is authorized by law to let
	90	+	or make.
	91	+	SECTION 2. 59.52 (29) (am) of the statutes is created to read:
	92	+	59.52 (29) (am) 1. In this paragraph, “public road project” means a public work
	93	+	project for the construction, repair, or maintenance of a public road of which the
	94	+	county is in control or for which the county is responsible.
	95	+	2. Notwithstanding par. (a) 1., if the estimated cost of a public road project
	96	+	exceeds $25,000, the board shall let the project by contract to the lowest responsible
	97	+	bidder. Notwithstanding par. (a) 3., if the estimated cost of a public road project does
	98	+	not exceed $25,000, the board may let the project in any manner. Notwithstanding
	99	+	par. (a) 4., if the estimated cost of a public road project is between $5,000 and $25,000,
	100	+	the board shall give a class 1 notice under ch. 985 before it contracts for the project
	101	+	or shall contract with a person qualified as a bidder under s. 66.0901 (2).
	102	+	Notwithstanding par. (a) 2., if the estimated cost of a public road project exceeds
	103	+	$25,000, the board shall let the project by contract and enter into the contract under
	104	+	s. 66.0901, except that the board may, by a three-fourths vote of all the members
	105	+	entitled to a seat, provide that any portion of the project may be completed directly
	106	+	by the county without submitting that portion of the project for bids.
	107	+	SECTION 3. 59.52 (29) (c) 2. of the statutes is created to read:
	108	+	59.52 (29) (c) 2. This subsection does not apply to the construction by a person
	109	+	other than the county of an improvement that is donated to the county after the
	110	+	completion of construction.
	111	+	SECTION 4. 60.47 (1) (am) of the statutes is created to read:
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	137	+	SECTION 4 SENATE BILL 688
	138	+	60.47 (1) (am) “Public road contract” means a contract for the construction,
	139	+	repair, or maintenance of a public road of which the town is in control or for which
	140	+	the town is responsible.
	141	+	SECTION 5. 60.47 (2) (a) of the statutes is amended to read:
	142	+	60.47 (2) (a) No town may enter into a public contract with an estimated cost
	143	+	of more than $5,000 but not more than $25,000 $50,000 unless the town board, or a
	144	+	town official or employee designated by the town board, gives a class 1 notice under
	145	+	ch. 985 before execution of that public contract.
	146	+	SECTION 6. 60.47 (2) (b) of the statutes is amended to read:
	147	+	60.47 (2) (b) No town may enter into a public contract with a value of more than
	148	+	$25,000 $50,000 unless the town board, or a town official or employee designated by
	149	+	the town board, advertises for proposals to perform the terms of the public contract
	150	+	by publishing a class 2 notice under ch. 985. The town board may provide for
	151	+	additional means of advertising for bids.
	152	+	SECTION 7. 60.47 (2m) of the statutes is created to read:
	153	+	60.47 (2m) PUBLIC ROAD CONTRACTS. Notwithstanding sub. (2), and except as
	154	+	provided in subs. (4) and (5), no town may enter into a public road contract with an
	155	+	estimated cost of more than $5,000 but not more than $25,000 unless the town board,
	156	+	or a town official or employee designated by the town board, gives a class 1 notice
	157	+	under ch. 985 before execution of that public road contract. Notwithstanding sub.
	158	+	(2), and except as provided in subs. (4) and (5), no town may enter into a public road
	159	+	contract with a value of more than $25,000, unless the town board, or a town official
	160	+	or employee designated by the town board, advertises for proposals to perform the
	161	+	terms of the public road contract by publishing a class 2 notice under ch. 985. The
	162	+	town board may provide for additional means of advertising for bids.
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	190	+	SECTION 8
	191	+	SENATE BILL 688
	192	+	SECTION 8. 60.47 (3) of the statutes is amended to read:
	193	+	60.47 (3) CONTRACTS TO LOWEST RESPONSIBLE BIDDER. The town board shall let
	194	+	a public contract or public road contract, for which advertising for proposals is
	195	+	required under sub. (2) (b) or (2m) to the lowest responsible bidder. Section 66.0901
	196	+	applies to public contracts or public road contracts let under sub. subs. (2) (b) and
	197	+	(2m).
	198	+	SECTION 9. 60.47 (4) of the statutes is amended to read:
	199	+	60.47 (4) CONTRACTS WITH GOVERNMENTAL ENTITIES. This section does not apply
	200	+	to public contracts or public road contracts, entered into by a town with a
	201	+	municipality, as defined under s. 66.0301 (1) (a).
	202	+	SECTION 10. 60.47 (5) (title) of the statutes is amended to read:
	203	+	60.47 (5) (title) EXCEPTION FOR EMERGENCIES AND DONATED MATERIALS AND LABOR
	204	+	CERTAIN DONATIONS.
	205	+	SECTION 11. 60.47 (5) of the statutes is renumbered 60.47 (5) (a) and amended
43	206		to read:
44		-	59.52 (29) (am) 1. In this paragraph, “public highway
45		-	project” means a public work project for the construc-
46		-	tion, improvement, repair, or maintenance of a highway.
47		-	2. Notwithstanding par. (a) 1., if the estimated cost of
48		-	a public highway project exceeds $25,000, the board
49		-	shall let the project by contract to the lowest responsible
50		-	bidder. Notwithstanding par. (a) 3., if the estimated cost
51		-	of a public highway project does not exceed $25,000, the
52		-	board may let the project in any manner. Notwithstand-
53		-	ing par. (a) 4., if the estimated cost of a public highway
54		-	project is between $5,000 and $25,000, the board shall
55		-	* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
56		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Senate Bill 688
57		-	give a class 1 notice under ch. 985 before it contracts for
58		-	the project or shall contract with a person qualified as a
59		-	bidder under s. 66.0901 (2). Notwithstanding par. (a) 2.,
60		-	if the estimated cost of a public highway project exceeds
61		-	$25,000, the board shall let the project by contract and
62		-	enter into the contract under s. 66.0901, except that the
63		-	board may, by a three−fourths vote of all the members
64		-	entitled to a seat, provide that any portion of the project
65		-	may be completed directly by the county without submit-
66		-	ting that portion of the project for bids.
67		-	SECTION 3. 59.52 (29) (c) 2. of the statutes is created
	207	+	60.47 (5) (a) This section is optional with respect to public contracts and public
	208	+	road contracts for the repair and construction of public facilities when damage or
	209	+	threatened damage to the facility creates an emergency, as declared by resolution of
	210	+	the town board, that endangers the public health or welfare of the town. This
	211	+	subsection no longer applies when the town board declares that the emergency no
	212	+	longer exists.
	213	+	(b) This section is optional with respect to a public contract or public road
	214	+	contract if the materials related to the contract are donated or if the labor that is
	215	+	necessary to execute the public contract or public road contract is provided by
	216	+	volunteers.
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	243	+	SECTION 12 SENATE BILL 688
	244	+	SECTION 12. 60.47 (5) (c) of the statutes is created to read:
	245	+	60.47 (5) (c) This section does not apply to the construction by a person other
	246	+	than the town of an improvement that is donated to the town after the completion
	247	+	of construction.
	248	+	SECTION 13. 62.15 (1) of the statutes is renumbered 62.15 (1) (a) and amended
68	249		to read:
69		-	59.52 (29) (c) 2. This subsection does not apply to the
70		-	construction by a private person of an improvement that
71		-	is donated to the county after the completion of construc-
72		-	tion.
73		-	SECTION 4. 60.47 (1) (am) of the statutes is created
74		-	to read:
75		-	60.47 (1) (am) “Public highway contract” means a
76		-	contract for the construction, improvement, repair, or
77		-	maintenance of a public work that is a highway.
78		-	SECTION 5. 60.47 (2) (a) of the statutes is amended
79		-	to read:
80		-	60.47 (2) (a) No town may enter into a public contract
81		-	with an estimated cost of more than $5,000 but not more
82		-	than $25,000 $50,000 unless the town board, or a town
83		-	official or employee designated by the town board, gives
84		-	a class 1 notice under ch. 985 before execution of that
85		-	public contract.
86		-	SECTION 6. 60.47 (2) (b) of the statutes is amended
87		-	to read:
88		-	60.47 (2) (b) No town may enter into a public contract
89		-	with a value of more than $25,000 $50,000 unless the
90		-	town board, or a town official or employee designated by
91		-	the town board, advertises for proposals to perform the
92		-	terms of the public contract by publishing a class 2 notice
93		-	under ch. 985. The town board may provide for addi-
94		-	tional means of advertising for bids.
95		-	SECTION 7. 60.47 (2m) of the statutes is created to
96		-	read:
97		-	60.47 (2m) PUBLIC HIGHWAY CONTRACTS. Notwith-
98		-	standing sub. (2), and except as provided in subs. (4) and
99		-	(5), no town may enter into a public highway contract
100		-	with an estimated cost of more than $5,000 but not more
101		-	than $25,000 unless the town board, or a town official or
102		-	employee designated by the town board, gives a class 1
103		-	notice under ch. 985 before execution of that public high-
104		-	way contract. Notwithstanding sub. (2), and except as
105		-	provided in subs. (4) and (5), no town may enter into a
106		-	public highway contract with a value of more than
107		-	$25,000, unless the town board, or a town official or
108		-	employee designated by the town board, advertises for
109		-	proposals to perform the terms of the public highway
110		-	contract by publishing a class 2 notice under ch. 985. The
111		-	town board may provide for additional means of advertis-
112		-	ing for bids.
113		-	SECTION 8. 60.47 (3) of the statutes is amended to
114		-	read:
115		-	60.47 (3) CONTRACTS TO LOWEST RESPONSIBLE BID-
116		-	DER. The town board shall let a public contract or public
117		-	highway contract, for which advertising for proposals is
118		-	required under sub. (2) (b) or (2m) to the lowest responsi-
119		-	ble bidder. Section 66.0901 applies to public contracts or
120		-	public highway contracts let under sub. subs. (2) (b) and
121		-	(2m).
122		-	SECTION 9. 60.47 (4) of the statutes is amended to
123		-	read:
124		-	60.47 (4) CONTRACTS WITH GOVERNMENTAL ENTITIES.
125		-	This section does not apply to public contracts or public
126		-	highway contracts, entered into by a town with a munici-
127		-	pality, as defined under s. 66.0301 (1) (a).
128		-	SECTION 10. 60.47 (5) (title) of the statutes is
129		-	amended to read:
130		-	60.47 (5) (title) EXCEPTION FOR EMERGENCIES AND
131		-	DONATED MATERIALS AND LABOR CERTAIN DONATIONS.
132		-	SECTION 11. 60.47 (5) of the statutes is renumbered
133		-	60.47 (5) (a) and amended to read:
134		-	60.47 (5) (a) This section is optional with respect to
135		-	public contracts and public highway contracts for the
136		-	repair and construction of public facilities when damage
137		-	or threatened damage to the facility creates an emer-
138		-	gency, as declared by resolution of the town board, that
139		-	endangers the public health or welfare of the town. This
140		-	subsection no longer applies when the town board
141		-	declares that the emergency no longer exists.
142		-	(b) This section is optional with respect to a public
143		-	contract or public highway contract if the materials
144		-	related to the contract are donated or if the labor that is
145		-	necessary to execute the public contract or public high-
146		-	way contract is provided by volunteers.
147		-	SECTION 12. 60.47 (5) (c) of the statutes is created to
148		-	read:
149		-	60.47 (5) (c) This section does not apply to the con-
150		-	struction by a private person of an improvement that is
151		-	donated to the town after the completion of construction.
152		-	SECTION 13. 62.15 (1) of the statutes is renumbered
153		-	62.15 (1) (a) and amended to read:
154		-	62.15 (1) (a) All public construction, the estimated
155		-	cost of which exceeds $25,000 $50,000, shall be let by
156		-	contract to the lowest responsible bidder; all other public
157		-	construction shall be let as the council may direct. If the
158		-	estimated cost of any public construction exceeds $5,000
159		-	but is not greater than $25,000 $50,000, the board of pub-
160		-	lic works shall give a class 1 notice, under ch. 985, of the
161		-	proposed construction before the contract for the con-
162		-	struction is executed. This provision paragraph does not
163		-	apply to public construction if the materials for such a the
164		-	project are donated or if the labor for such a the project
165		-	is provided by volunteers. The council may also by a vote
166		-	of three−fourths of all the members−elect provide by
167		-	ordinance that any class of public construction or any part − 3 − 2023 Wisconsin Act 2023 Senate Bill 688
168		-	thereof may be done directly by the city without submit-
169		-	ting the same for bids.
170		-	SECTION 14. 62.15 (1) (b) of the statutes is created to
171		-	read:
172		-	62.15 (1) (b) 1. In this paragraph, “public highway
173		-	construction” means a public construction project
174		-	involving the construction, improvement, repair, or
175		-	maintenance of a highway.
176		-	2. Notwithstanding par. (a), all public highway con-
177		-	struction, the estimated cost of which exceeds $25,000,
178		-	shall be let by contract to the lowest responsible bidder;
179		-	all other public highway construction shall be let as the
180		-	council may direct. Notwithstanding par. (a), if the esti-
181		-	mated cost of any public highway construction exceeds
182		-	$5,000 but is not greater than $25,000, the board of public
183		-	works shall give a class 1 notice, under ch. 985, of the
184		-	proposed construction before the contract for the con-
185		-	struction is executed. This subdivision does not apply to
186		-	public highway construction if the materials for the proj-
187		-	ect are donated or if the labor for the project is provided
188		-	by volunteers. The council may also by a vote of three−
189		-	fourths of all the members−elect provide by ordinance
190		-	that any class of public highway construction or any part
191		-	thereof may be done directly by the city without submit-
192		-	ting the same for bids.
193		-	SECTION 15. 66.0901 (1) (as) of the statutes is
194		-	amended to read:
195		-	66.0901 (1) (as) “Municipality” means the state or a
196		-	town, city, village, school district, board of school direc-
197		-	tors of the school district operating under ch. 119, sewer
198		-	district, drainage district, technical college district or
199		-	other public or quasi−public corporation, officer, board
200		-	or other public body charged with the duty of receiving
201		-	bids for and awarding any public contracts.
202		-	SECTION 16. 66.0901 (1m) (a) (intro.) of the statutes
	250	+	62.15 (1) (a) All public construction, the estimated cost of which exceeds
	251	+	$25,000 $50,000, shall be let by contract to the lowest responsible bidder; all other
	252	+	public construction shall be let as the council may direct. If the estimated cost of any
	253	+	public construction exceeds $5,000 but is not greater than $25,000 $50,000, the board
	254	+	of public works shall give a class 1 notice, under ch. 985, of the proposed construction
	255	+	before the contract for the construction is executed. This provision paragraph does
	256	+	not apply to public construction if the materials for such a the project are donated
	257	+	or if the labor for such a the project is provided by volunteers. The council may also
	258	+	by a vote of three-fourths of all the members-elect provide by ordinance that any
	259	+	class of public construction or any part thereof may be done directly by the city
	260	+	without submitting the same for bids.
	261	+	SECTION 14. 62.15 (1) (b) of the statutes is created to read:
	262	+	62.15 (1) (b) 1. In this paragraph, “public road construction” means a public
	263	+	construction project involving the construction, repair, or maintenance of a public
	264	+	road of which the city is in control or for which the city is responsible.
	265	+	2. Notwithstanding par. (a), all public road construction, the estimated cost of
	266	+	which exceeds $25,000, shall be let by contract to the lowest responsible bidder; all
	267	+	other public road construction shall be let as the council may direct.
	268	+	Notwithstanding par. (a), if the estimated cost of any public road construction
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	296	+	SECTION 14
	297	+	SENATE BILL 688
	298	+	exceeds $5,000 but is not greater than $25,000, the board of public works shall give
	299	+	a class 1 notice, under ch. 985, of the proposed construction before the contract for
	300	+	the construction is executed. This subdivision does not apply to public road
	301	+	construction if the materials for the project are donated or if the labor for the project
	302	+	is provided by volunteers. The council may also by a vote of three-fourths of all the
	303	+	members-elect provide by ordinance that any class of public road construction or any
	304	+	part thereof may be done directly by the city without submitting the same for bids.
	305	+	SECTION 15. 66.0901 (1) (as) of the statutes is amended to read:
	306	+	66.0901 (1) (as) “Municipality" means the state or a town, city, village, school
	307	+	district, board of school directors of the school district operating under ch. 119, sewer
	308	+	district, drainage district, technical college district or other public or quasi-public
	309	+	corporation, officer, board or other public body charged with the duty of receiving bids
	310	+	for and awarding any public contracts.
	311	+	SECTION 16. 66.0901 (1m) (a) (intro.) of the statutes is amended to read:
	312	+	66.0901 (1m) (a) (intro.) Except when necessary to secure federal aid,
	313	+	whenever a political subdivision, a school district, or the board of school directors of
	314	+	the school district operating under ch. 119 lets a public contract by bidding, the
	315	+	political subdivision, school district, or board of school directors shall comply with all
	316	+	of the following:
	317	+	SECTION 17. 66.0901 (1m) (b) of the statutes is amended to read:
	318	+	66.0901 (1m) (b) Except when necessary to secure federal aid, a political
	319	+	subdivision, a school district, or the board of school directors of the school district
	320	+	operating under ch. 119 may not use a bidding method that gives preference based
	321	+	on the geographic location of the bidder or that uses criteria other than the lowest
	322	+	responsible bidder in awarding a contract.
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	349	+	SECTION 18 SENATE BILL 688
	350	+	SECTION 18. 119.04 (1) of the statutes, as affected by 2023 Wisconsin Act 12,
203	351		is amended to read:
204		-	66.0901 (1m) (a) (intro.) Except when necessary to
205		-	secure federal aid, whenever a political subdivision, a
206		-	school district, or the board of school directors of the
207		-	school district operating under ch. 119 lets a public con-
208		-	tract by bidding, the political subdivision, school district,
209		-	or board of school directors shall comply with all of the
210		-	following:
211		-	SECTION 17. 66.0901 (1m) (b) of the statutes is
212		-	amended to read:
213		-	66.0901 (1m) (b) Except when necessary to secure
214		-	federal aid, a political subdivision, a school district, or the
215		-	board of school directors of the school district operating
216		-	under ch. 119 may not use a bidding method that gives
217		-	preference based on the geographic location of the bidder
218		-	or that uses criteria other than the lowest responsible bid-
219		-	der in awarding a contract.
220		-	SECTION 18. 119.04 (1) of the statutes, as affected by
221		-	2023 Wisconsin Act 12, is amended to read:
222		-	119.04 (1) Subchapters IV, V and VII of ch. 115, ch.
223		-	121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01
224		-	(1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
225		-	115.345, 115.363, 115.364, 115.365 (3), 115.366,
226		-	115.367, 115.38 (2), 115.415, 115.445, 118.001 to
227		-	118.04, 118.045, 118.06, 118.07, 118.075, 118.076,
228		-	118.10, 118.12, 118.124, 118.125 to 118.14, 118.145 (4),
229		-	118.15, 118.153, 118.16, 118.162, 118.163, 118.164,
230		-	118.18, 118.19, 118.196, 118.20, 118.223, 118.225,
231		-	118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245,
232		-	118.25, 118.255, 118.258, 118.291, 118.292, 118.293,
233		-	118.2935, 118.30 to 118.43, 118.46, 118.50, 118.51,
234		-	118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5),
235		-	(5m), and (15) to (27), 120.125, 120.127, 120.13 (1), (2)
236		-	(b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37),
237		-	(37m), and (38), 120.137, 120.14, 120.20, 120.21 (3),
238		-	and 120.25 are applicable to a 1st class city school district
239		-	and board but not, unless explicitly provided in this chap-
240		-	ter or in the terms of a contract, to the commissioner or
241		-	to any school transferred to an opportunity schools and
242		-	partnership program.
243		-	SECTION 19. 120.12 (5m) of the statutes is created to
244		-	read:
245		-	120.12 (5m) CONTRACTS; ADVERTISING FOR BIDS;
246		-	CONTRACTS TO LOWEST RESPONSIBLE BIDDER; EXCEPTION
247		-	FOR EMERGENCIES. (a) Subject to s. 120.127, before enter-
248		-	ing into a contract for the construction, repair, remodel-
249		-	ing, or improvement of a public school building or public
250		-	school facilities or for the furnishing of supplies or mate-
251		-	rials with an estimated cost greater than $5,000 but not
252		-	more than $150,000, give or direct the school district
253		-	clerk to give a class 1 notice under ch. 985 of that contract
254		-	or contract with a person qualified as a bidder under s.
255		-	66.0901 (2).
256		-	(b) 1. Except as provided in subds. 2. and 3. and sub-
257		-	ject to s. 120.127, before entering into a contract for the
258		-	construction, repair, remodeling, or improvement of a
259		-	public school building or public school facilities or for
260		-	the furnishing of supplies or materials with an estimated
261		-	cost greater than $150,000, advertise or direct the school
262		-	district clerk to advertise for proposals to perform the
263		-	terms of the contract by publishing a class 2 notice under
264		-	ch. 985. The school board may provide for additional
265		-	means of advertising for bids. The school board shall let
266		-	a public contract for which advertising for proposals is
267		-	required under this paragraph to the lowest responsible
268		-	bidder. Section 66.0901 applies to public contracts let
269		-	under this paragraph.
270		-	2. The school board may, by a three−fourths vote of
271		-	all the members, provide that any construction, repair,
272		-	remodeling, or improvement described in subd. 1. or any
273		-	part thereof may be done directly by the school district
274		-	without submitting the same for bids.
275		-	3. Subdivision 1. does not apply to the construction,
276		-	repair, remodeling, or improvement of a public school
277		-	building or public school facilities or to the furnishing of
278		-	supplies or materials if the materials for the project are − 4 −2023 Wisconsin Act 2023 Senate Bill 688
279		-	donated or if the labor for the project is provided by vol-
280		-	unteers.
	352	+	119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
	353	+	66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
	354	+	115.345, 115.363, 115.364, 115.365 (3), 115.366, 115.367, 115.38 (2), 115.415, 115.445,
	355	+	118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.124,
	356	+	118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164,
	357	+	118.18, 118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and
	358	+	(10), 118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.2935, 118.30
	359	+	to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m),
	360	+	(5), (5m), and (15) to (27), 120.125, 120.127, 120.13 (1), (2) (b) to (g), (3), (14), (17) to
	361	+	(19), (26), (34), (35), (37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and
	362	+	120.25 are applicable to a 1st class city school district and board but not, unless
	363	+	explicitly provided in this chapter or in the terms of a contract, to the commissioner
	364	+	or to any school transferred to an opportunity schools and partnership program.
	365	+	SECTION 19. 120.12 (5m) of the statutes is created to read:
	366	+	120.12 (5m) CONTRACTS; ADVERTISING FOR BIDS; CONTRACTS TO LOWEST
	367	+	RESPONSIBLE BIDDER; EXCEPTION FOR EMERGENCIES. (a) Subject to s. 120.127, before
	368	+	entering into a contract for the construction, repair, remodeling, or improvement of
	369	+	a public school building or public school facilities or for the furnishing of supplies or
	370	+	materials with an estimated cost greater than $5,000 but not more than $150,000,
	371	+	give or direct the school district clerk to give a class 1 notice under ch. 985 of that
	372	+	contract or contract with a person qualified as a bidder under s. 66.0901 (2).
	373	+	(b) 1. Except as provided in subds. 2. and 3. and subject to s. 120.127, before
	374	+	entering into a contract for the construction, repair, remodeling, or improvement of
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	402	+	SECTION 19
	403	+	SENATE BILL 688
	404	+	a public school building or public school facilities or for the furnishing of supplies or
	405	+	materials with an estimated cost greater than $150,000, advertise or direct the
	406	+	school district clerk to advertise for proposals to perform the terms of the contract
	407	+	by publishing a class 2 notice under ch. 985. The school board may provide for
	408	+	additional means of advertising for bids. The school board shall let a public contract
	409	+	for which advertising for proposals is required under this paragraph to the lowest
	410	+	responsible bidder. Section 66.0901 applies to public contracts let under this
	411	+	paragraph.
	412	+	2. The school board may, by a three-fourths vote of all the members, provide
	413	+	that any construction, repair, remodeling, or improvement described in subd. 1. or
	414	+	any part thereof may be done directly by the school district without submitting the
	415	+	same for bids.
	416	+	3. Subdivision 1. does not apply to the construction, repair, remodeling, or
	417	+	improvement of a public school building or public school facilities or to the furnishing
	418	+	of supplies or materials if the materials for the project are donated or if the labor for
	419	+	the project is provided by volunteers.
281	420		SECTION 20. 120.127 of the statutes is created to read:
282		-	120.127 Exception to requirement for notice and
283		-	bidding of contracts in case of emergency. The provi-
284		-	sions of s. 120.12 (5m) are not mandatory for the repair
285		-	or reconstruction of a public school building or public
286		-	school facilities when damage or threatened damage
287		-	thereto creates an emergency, as determined by resolu-
288		-	tion of the school board, in which the public health or
289		-	welfare of the school district is endangered. Whenever
290		-	the school board by majority vote at a regular or special
291		-	meeting determines that an emergency no longer exists,
292		-	this section no longer applies.
293		-	SECTION 20m. 200.47 (2) (a) of the statutes is
294		-	amended to read:
295		-	200.47 (2) (a) Except as provided in par. (b), all work
296		-	done and all purchases of supplies and materials by the
297		-	commission shall be by contract awarded to the lowest
298		-	responsible bidder complying with the invitation to bid,
299		-	if the work or purchase involves an expenditure of
300		-	$20,000 $50,000 or more. If the commission decides to
301		-	proceed with construction of any sewer after plans and
302		-	specifications for the sewer are completed and approved
303		-	by the commission and by the department of natural
304		-	resources under ch. 281, the commission shall advertise
305		-	by a class 2 notice under ch. 985 for construction bids.
306		-	All contracts and the awarding of contracts are subject to
307		-	s. 66.0901.
	421	+	120.127 Exception to requirement for notice and bidding of contracts
	422	+	in case of emergency. The provisions of s. 120.12 (5m) are not mandatory for the
	423	+	repair or reconstruction of a public school building or public school facilities when
	424	+	damage or threatened damage thereto creates an emergency, as determined by
	425	+	resolution of the school board, in which the public health or welfare of the school
	426	+	district is endangered. Whenever the school board by majority vote at a regular or
	427	+	special meeting determines that an emergency no longer exists, this section no longer
	428	+	applies.
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	455	+	SECTION 21 SENATE BILL 688
308	456		SECTION 21.0Initial applicability.
309		-	(1) BIDS THRESHOLD. The treatment of ss. 60.47 (2)
310		-	(b), 62.15 (1), 66.0901 (1m) (a) (intro.), 120.12 (5m) (b),
311		-	and 200.47 (2) (a) and the renumbering and amendment
312		-	of s. 59.52 (29) (a) first apply to bids solicited on the
313		-	effective date of this subsection.
	457	+	(1) BIDS THRESHOLD. The treatment of ss. 60.47 (2) (b), 62.15 (1), 66.0901 (1m)
	458	+	(a) (intro.), and 120.12 (5m) (b) and the renumbering and amendment of s. 59.52 (29)
	459	+	(a) first apply to bids solicited on the effective date of this subsection.
	460	+	(END)
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