Date of enactment:
2023 Senate Bill 688 Date of publication*:
2023 WISCONSIN ACT
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
(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
(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
(5m) and 120.127 of the statutes; relating to: local government competitive bidding thresholds and requiring school
districts to utilize competitive bidding.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 59.52 (29) (a) of the statutes is renum-
bered 59.52 (29) (a) 1. and amended to read:
59.52 (29) (a) 1. All public work, including any con-
tract for the construction, repair, remodeling, or improve-
ment of any public work, building, or furnishing of sup-
plies or material of any kind where the estimated cost of
such work will exceed $25,000 $50,000 shall be let by
contract to the lowest responsible bidder.
3. Any public work, the estimated cost of which does
not exceed $25,000 $50,000, shall be let as the board may
direct.
4. If the estimated cost of any public work is between
$5,000 and $25,000 $50,000, the board shall give a class
1 notice under ch. 985 before it contracts for the work or
shall contract with a person qualified as a bidder under s.
66.0901 (2).
2. A contract, the estimated cost of which exceeds
$25,000 $50,000, shall be let and entered into under s.
66.0901, except that the board may by a three−fourths
vote of all the members entitled to a seat provide that any
class of public work or any part thereof may be done
directly by the county without submitting the same for
bids.
(c) 1. This subsection does not apply to public con-
struction if the materials for such a the project are
donated or if the labor for such a the project is provided
by volunteers.
(d) This subsection does not apply to highway con-
tracts which the county highway committee or the county
highway commissioner is authorized by law to let or
make.
SECTION 2. 59.52 (29) (am) of the statutes is created
to read:
59.52 (29) (am) 1. In this paragraph, “public highway
project” means a public work project for the construc-
tion, improvement, repair, or maintenance of a highway.
2. Notwithstanding par. (a) 1., if the estimated cost of
a public highway project exceeds $25,000, the board
shall let the project by contract to the lowest responsible
bidder. Notwithstanding par. (a) 3., if the estimated cost
of a public highway project does not exceed $25,000, the
board may let the project in any manner. Notwithstand-
ing par. (a) 4., if the estimated cost of a public highway
project is between $5,000 and $25,000, the board shall
* 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
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
give a class 1 notice under ch. 985 before it contracts for
the project or shall contract with a person qualified as a
bidder under s. 66.0901 (2). Notwithstanding par. (a) 2.,
if the estimated cost of a public highway project exceeds
$25,000, the board shall let the project by contract and
enter into the contract under s. 66.0901, except that the
board may, by a three−fourths vote of all the members
entitled to a seat, provide that any portion of the project
may be completed directly by the county without submit-
ting that portion of the project for bids.
SECTION 3. 59.52 (29) (c) 2. of the statutes is created
to read:
59.52 (29) (c) 2. This subsection does not apply to the
construction by a private person of an improvement that
is donated to the county after the completion of construc-
tion.
SECTION 4. 60.47 (1) (am) of the statutes is created
to read:
60.47 (1) (am) “Public highway contract” means a
contract for the construction, improvement, repair, or
maintenance of a public work that is a highway.
SECTION 5. 60.47 (2) (a) of the statutes is amended
to read:
60.47 (2) (a) No town may enter into a public contract
with an estimated cost of more than $5,000 but not more
than $25,000 $50,000 unless the town board, or a town
official or employee designated by the town board, gives
a class 1 notice under ch. 985 before execution of that
public contract.
SECTION 6. 60.47 (2) (b) of the statutes is amended
to read:
60.47 (2) (b) No town may enter into a public contract
with a value of more than $25,000 $50,000 unless the
town board, or a town official or employee 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 addi-
tional means of advertising for bids.
SECTION 7. 60.47 (2m) of the statutes is created to
read:
60.47 (2m) PUBLIC HIGHWAY CONTRACTS. Notwith-
standing sub. (2), and except as provided in subs. (4) and
(5), no town may enter into a public highway contract
with an estimated cost of more than $5,000 but not more
than $25,000 unless the town board, or a town official or
employee designated by the town board, gives a class 1
notice under ch. 985 before execution of that public high-
way contract. Notwithstanding sub. (2), and except as
provided in subs. (4) and (5), no town may enter into a
public highway contract with a value of more than
$25,000, unless the town board, or a town official or
employee designated by the town board, advertises for
proposals to perform the terms of the public highway
contract by publishing a class 2 notice under ch. 985. The
town board may provide for additional means of advertis-
ing for bids.
SECTION 8. 60.47 (3) of the statutes is amended to
read:
60.47 (3) CONTRACTS TO LOWEST RESPONSIBLE BID-
DER. The town board shall let a public contract or public
highway contract, for which advertising for proposals is
required under sub. (2) (b) or (2m) to the lowest responsi-
ble bidder. Section 66.0901 applies to public contracts or
public highway contracts let under sub. subs. (2) (b) and
(2m).
SECTION 9. 60.47 (4) of the statutes is amended to
read:
60.47 (4) CONTRACTS WITH GOVERNMENTAL ENTITIES.
This section does not apply to public contracts or public
highway contracts, entered into by a town with a munici-
pality, as defined under s. 66.0301 (1) (a).
SECTION 10. 60.47 (5) (title) of the statutes is
amended to read:
60.47 (5) (title) EXCEPTION FOR EMERGENCIES AND
DONATED MATERIALS AND LABOR CERTAIN DONATIONS.
SECTION 11. 60.47 (5) of the statutes is renumbered
60.47 (5) (a) and amended to read:
60.47 (5) (a) This section is optional with respect to
public contracts and public highway contracts for the
repair and construction of public facilities when damage
or threatened damage to the facility creates an emer-
gency, as declared by resolution of the town board, that
endangers the public health or welfare of the town. This
subsection no longer applies when the town board
declares that the emergency no longer exists.
(b) This section is optional with respect to a public
contract or public highway contract if the materials
related to the contract are donated or if the labor that is
necessary to execute the public contract or public high-
way contract is provided by volunteers.
SECTION 12. 60.47 (5) (c) of the statutes is created to
read:
60.47 (5) (c) This section does not apply to the con-
struction by a private person of an improvement that is
donated to the town after the completion of construction.
SECTION 13. 62.15 (1) of the statutes is renumbered
62.15 (1) (a) and amended to read:
62.15 (1) (a) All public construction, the estimated
cost of which exceeds $25,000 $50,000, 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 exceeds $5,000
but is not greater than $25,000 $50,000, the board of pub-
lic works shall give a class 1 notice, under ch. 985, of the
proposed construction before the contract for the con-
struction is executed. This provision paragraph does not
apply to public construction if the materials for such a the
project are donated or if the labor for such a the project
is provided by volunteers. 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 − 3 − 2023 Wisconsin Act 2023 Senate Bill 688
thereof may be done directly by the city without submit-
ting the same for bids.
SECTION 14. 62.15 (1) (b) of the statutes is created to
read:
62.15 (1) (b) 1. In this paragraph, “public highway
construction” means a public construction project
involving the construction, improvement, repair, or
maintenance of a highway.
2. Notwithstanding par. (a), all public highway con-
struction, the estimated cost of which exceeds $25,000,
shall be let by contract to the lowest responsible bidder;
all other public highway construction shall be let as the
council may direct. Notwithstanding par. (a), if the esti-
mated cost of any public highway construction exceeds
$5,000 but is not greater than $25,000, the board of public
works shall give a class 1 notice, under ch. 985, of the
proposed construction before the contract for the con-
struction is executed. This subdivision does not apply to
public highway construction if the materials for the proj-
ect are donated or if the labor for the project is provided
by volunteers. The council may also by a vote of three−
fourths of all the members−elect provide by ordinance
that any class of public highway construction or any part
thereof may be done directly by the city without submit-
ting the same for bids.
SECTION 15. 66.0901 (1) (as) of the statutes is
amended to read:
66.0901 (1) (as) “Municipality” means the state or a
town, city, village, school district, board of school direc-
tors of the school district operating under ch. 119, sewer
district, drainage district, technical college district or
other public or quasi−public corporation, officer, board
or other public body charged with the duty of receiving
bids for and awarding any public contracts.
SECTION 16. 66.0901 (1m) (a) (intro.) of the statutes
is amended to read:
66.0901 (1m) (a) (intro.) Except when necessary to
secure federal aid, whenever a political subdivision, a
school district, or the board of school directors of the
school district operating under ch. 119 lets a public con-
tract by bidding, the political subdivision, school district,
or board of school directors shall comply with all of the
following:
SECTION 17. 66.0901 (1m) (b) of the statutes is
amended to read:
66.0901 (1m) (b) Except when necessary to secure
federal aid, a political subdivision, a school district, or the
board of school directors of the school district operating
under ch. 119 may not use a bidding method that gives
preference based on the geographic location of the bidder
or that uses criteria other than the lowest responsible bid-
der in awarding a contract.
SECTION 18. 119.04 (1) of the statutes, as affected by
2023 Wisconsin Act 12, is amended to read:
119.04 (1) Subchapters IV, V and VII of ch. 115, ch.
121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01
(1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
115.345, 115.363, 115.364, 115.365 (3), 115.366,
115.367, 115.38 (2), 115.415, 115.445, 118.001 to
118.04, 118.045, 118.06, 118.07, 118.075, 118.076,
118.10, 118.12, 118.124, 118.125 to 118.14, 118.145 (4),
118.15, 118.153, 118.16, 118.162, 118.163, 118.164,
118.18, 118.19, 118.196, 118.20, 118.223, 118.225,
118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245,
118.25, 118.255, 118.258, 118.291, 118.292, 118.293,
118.2935, 118.30 to 118.43, 118.46, 118.50, 118.51,
118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5),
(5m), and (15) to (27), 120.125, 120.127, 120.13 (1), (2)
(b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37),
(37m), and (38), 120.137, 120.14, 120.20, 120.21 (3),
and 120.25 are applicable to a 1st class city school district
and board but not, unless explicitly provided in this chap-
ter or in the terms of a contract, to the commissioner or
to any school transferred to an opportunity schools and
partnership program.
SECTION 19. 120.12 (5m) of the statutes is created to
read:
120.12 (5m) CONTRACTS; ADVERTISING FOR BIDS;
CONTRACTS TO LOWEST RESPONSIBLE BIDDER; EXCEPTION
FOR EMERGENCIES. (a) Subject to s. 120.127, before enter-
ing into a contract for the construction, repair, remodel-
ing, or improvement of a public school building or public
school facilities or for the furnishing of supplies or mate-
rials with an estimated cost greater than $5,000 but not
more than $150,000, give or direct the school district
clerk to give a class 1 notice under ch. 985 of that contract
or contract with a person qualified as a bidder under s.
66.0901 (2).
(b) 1. Except as provided in subds. 2. and 3. and sub-
ject to s. 120.127, before entering into a contract for the
construction, repair, remodeling, or improvement of a
public school building or public school facilities or for
the furnishing of supplies or materials with an estimated
cost greater than $150,000, advertise or direct the school
district clerk to advertise for proposals to perform the
terms of the contract by publishing a class 2 notice under
ch. 985. The school board may provide for additional
means of advertising for bids. The school board shall let
a public contract for which advertising for proposals is
required under this paragraph to the lowest responsible
bidder. Section 66.0901 applies to public contracts let
under this paragraph.
2. The school board may, by a three−fourths vote of
all the members, provide that any construction, repair,
remodeling, or improvement described in subd. 1. or any
part thereof may be done directly by the school district
without submitting the same for bids.
3. Subdivision 1. does not apply to the construction,
repair, remodeling, or improvement of a public school
building or public school facilities or to the furnishing of
supplies or materials if the materials for the project are − 4 −2023 Wisconsin Act 2023 Senate Bill 688
donated or if the labor for the project is provided by vol-
unteers.
SECTION 20. 120.127 of the statutes is created to read:
120.127 Exception to requirement for notice and
bidding of contracts in case of emergency. The provi-
sions of s. 120.12 (5m) are not mandatory for the repair
or reconstruction of a public school building or public
school facilities when damage or threatened damage
thereto creates an emergency, as determined by resolu-
tion of the school board, in which the public health or
welfare of the school district is endangered. Whenever
the school board by majority vote at a regular or special
meeting determines that an emergency no longer exists,
this section no longer applies.
SECTION 20m. 200.47 (2) (a) of the statutes is
amended to read:
200.47 (2) (a) Except as provided in par. (b), all work
done and all purchases of supplies and materials by the
commission shall be by contract awarded to the lowest
responsible bidder complying with the invitation to bid,
if the work or purchase involves an expenditure of
$20,000 $50,000 or more. If the commission decides to
proceed with construction of any sewer after plans and
specifications for the sewer are completed and approved
by the commission and by the department of natural
resources under ch. 281, the commission shall advertise
by a class 2 notice under ch. 985 for construction bids.
All contracts and the awarding of contracts are subject to
s. 66.0901.
SECTION 21.0Initial applicability.
(1) BIDS THRESHOLD. The treatment of ss. 60.47 (2)
(b), 62.15 (1), 66.0901 (1m) (a) (intro.), 120.12 (5m) (b),
and 200.47 (2) (a) and the renumbering and amendment
of s. 59.52 (29) (a) first apply to bids solicited on the
effective date of this subsection.