WI
Wisconsin Assembly Bill AB217

Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB217 Compare Versions

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11 2025 - 2026 LEGISLATURE
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44 2025 ASSEMBLY BILL 217
55 April 23, 2025 - Introduced by Representatives O'CONNOR, BROOKS, ARMSTRONG,
66 NOVAK, DONOVAN, KITCHENS, FRANKLIN, VANDERMEER, B. JACOBSON,
77 GUNDRUM, KNODL, MURSAU, DITTRICH and MELOTIK, cosponsored by Senator
88 TOMCZYK. Referred to Committee on Local Government.
99
1010 ***AUTHORS SUBJECT TO CHANGE***
1111 AN ACT to renumber and amend 59.52 (29) (a), 60.47 (1) (a), 60.47 (5) and
1212 62.15 (1); to amend 60.47 (2) (a), 60.47 (2) (b), 60.47 (3), 60.47 (4) and 60.47 (5)
1313 (title); to create 59.52 (29) (c) 2., 59.52 (29) (c) 3., 59.52 (29) (e), 60.47 (1) (ag),
1414 60.47 (1) (as), 60.47 (2m), 60.47 (2s), 60.47 (5) (c), 62.15 (1) (b) and 62.15 (1) (c)
1515 of the statutes; relating to: local government competitive bidding thresholds.
1616 Analysis by the Legislative Reference Bureau
1717 Under current law, in general, if the estimated cost of a local government
1818 public works project is between $5,000 and $25,000, the local governmental unit
1919 must provide a notice before it contracts. If the estimated cost exceeds $25,000, the
2020 local governmental unit must solicit bids and award the contract to the lowest
2121 responsible bidder.
2222 This bill increases the notice threshold to $10,000 and the bidding threshold to
2323 $50,000 and adjusts these amounts quinquennially for inflation. The bill also
2424 provides exceptions to these bidding requirements for 1) public work by a county for
2525 the purpose of providing housing for persons placed on supervised release as
2626 sexually violent persons and 2) improvements that are constructed by a private
2727 person and donated to a town or county after the completion of construction. With
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3636 SECTION 1
3737 regard to the latter, a similar exception for donated improvements currently exists
3838 for improvements donated to a city or village.
3939 For further information see the state and local fiscal estimate, which will be
4040 printed as an appendix to this bill.
4141 The people of the state of Wisconsin, represented in senate and assembly, do
4242 enact as follows:
4343 SECTION 1. 59.52 (29) (a) of the statutes is renumbered 59.52 (29) (a) 1. and
4444 amended to read:
4545 59.52 (29) (a) 1. All public work, including any contract for the construction,
4646 repair, remodeling, or improvement of any public work, building, or furnishing of
4747 supplies or material of any kind where the estimated cost of such work will exceed
4848 $25,000 the bidding threshold under par. (e) 1. a. shall be let by contract to the
4949 lowest responsible bidder.
5050 3. Any public work, the estimated cost of which does not exceed $25,000 the
5151 bidding threshold under par. (e) 1. a., shall be let as the board may direct.
5252 4. If the estimated cost of any public work is between $5,000 the notice
5353 threshold under par. (e) 1. b. and $25,000 the bidding threshold under par. (e) 1. a.,
5454 the board shall give a class 1 notice under ch. 985 before it contracts for the work or
5555 shall contract with a person qualified as a bidder under s. 66.0901 (2).
5656 2. A contract, the estimated cost of which exceeds $25,000 the bidding
5757 threshold under par. (e) 1. a., shall be let and entered into under s. 66.0901, except
5858 that the board may by a three-fourths vote of all the members entitled to a seat
5959 provide that any class of public work or any part thereof may be done directly by the
6060 county without submitting the same for bids.
6161 (c) 1. This subsection does not apply to public construction if the materials for
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8484 SECTION 1
8585 such a the project are donated or if the labor for such a the project is provided by
8686 volunteers.
8787 (d) This subsection does not apply to highway contracts which the county
8888 highway committee or the county highway commissioner is authorized by law to let
8989 or make, which shall be let or made under s. 83.04.
9090 SECTION 2. 59.52 (29) (c) 2. of the statutes is created to read:
9191 59.52 (29) (c) 2. This subsection does not apply to the construction by a private
9292 person of an improvement that is donated to the county after the completion of
9393 construction.
9494 SECTION 3. 59.52 (29) (c) 3. of the statutes is created to read:
9595 59.52 (29) (c) 3. This subsection does not apply to public work for the purpose
9696 of providing housing for persons placed on supervised release under s. 980.08.
9797 SECTION 4. 59.52 (29) (e) of the statutes is created to read:
9898 59.52 (29) (e) 1. Beginning on the effective date of this subdivision .... [LRB
9999 inserts date}, the thresholds under par. (a) are the following:
100100 a. For general public works contract bidding, $50,000.
101101 b. For general public works contract notice, $10,000.
102102 2. On the 5th year commencing after the effective date of this subdivision ....
103103 [LRB inserts date], and each subsequent 5th year, the thresholds under subd. 1.
104104 shall be increased by a percentage equal to the percentage change in the U.S.
105105 consumer price index for the previous 5 years, as determined by the federal
106106 department of labor, rounded to the nearest multiple of $1,000.
107107 SECTION 5. 60.47 (1) (a) of the statutes is renumbered 60.47 (1) (am) and
108108 amended to read:
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136136 SECTION 5
137137 60.47 (1) (am) XPublic contractY means a contract for the construction,
138138 execution, repair, remodeling or improvement of any public work or building or for
139139 the furnishing of materials or supplies, with an estimated cost greater than $5,000.
140140 SECTION 6. 60.47 (1) (ag) of the statutes is created to read:
141141 60.47 (1) (ag) XHighwayY means a public way or thoroughfare, including any
142142 bridges on the public way or thoroughfare.
143143 SECTION 7. 60.47 (1) (as) of the statutes is created to read:
144144 60.47 (1) (as) XPublic highway contractY means a contract for the
145145 construction, execution, repair, remodeling, or improvement of a highway.
146146 SECTION 8. 60.47 (2) (a) of the statutes is amended to read:
147147 60.47 (2) (a) No town may enter into a public contract with an estimated cost
148148 of more than $5,000 the notice threshold under sub. (2s) (a) 2. but not more than
149149 $25,000 the bidding threshold under sub. (2s) (a) 1. unless the town board, or a town
150150 official or employee designated by the town board, gives a class 1 notice under ch.
151151 985 before execution of that public contract.
152152 SECTION 9. 60.47 (2) (b) of the statutes is amended to read:
153153 60.47 (2) (b) No town may enter into a public contract with a value of more
154154 than $25,000 the bidding threshold under sub. (2s) (a) 1. unless the town board, or
155155 a town official or employee designated by the town board, advertises for proposals to
156156 perform the terms of the public contract by publishing a class 2 notice under ch.
157157 985. The town board may provide for additional means of advertising for bids.
158158 SECTION 10. 60.47 (2m) of the statutes is created to read:
159159 60.47 (2m) PUBLIC HIGHWAY CONTRACTS. Notwithstanding sub. (2), and
160160 except as provided in subs. (4) and (5), no town may enter into a public highway
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189189 contract with an estimated cost of more than the notice threshold under sub. (2s) (a)
190190 4. but not more than the bidding threshold under sub. (2s) (a) 3. unless the town
191191 board, or a town official or employee designated by the town board, gives a class 1
192192 notice under ch. 985 before execution of that public highway contract.
193193 Notwithstanding sub. (2), and except as provided in subs. (4) and (5), no town may
194194 enter into a public highway contract with a value of more than the bidding
195195 threshold under sub. (2s) (a) 3., unless the town board, or a town official or employee
196196 designated by the town board, advertises for proposals to perform the terms of the
197197 public highway contract by publishing a class 2 notice under ch. 985. The town
198198 board may provide for additional means of advertising for bids.
199199 SECTION 11. 60.47 (2s) of the statutes is created to read:
200200 60.47 (2s) THRESHOLD AMOUNTS. (a) Beginning on the effective date of this
201201 paragraph .... [LRB inserts date}, the thresholds under subs. (2) and (2m) are the
202202 following:
203203 1. For general public contract bidding, $50,000.
204204 2. For general public contract notice, $10,000.
205205 3. For public highway contract bidding, $25,000.
206206 4. For public highway contract notice, $5,000.
207207 (b) On the 5th year commencing after the effective date of this paragraph ....
208208 [LRB inserts date], and each subsequent 5th year, the thresholds under par. (a)
209209 shall be increased by a percentage equal to the percentage change in the U.S.
210210 consumer price index for the previous 5 years, as determined by the federal
211211 department of labor, rounded to the nearest multiple of $1,000.
212212 SECTION 12. 60.47 (3) of the statutes is amended to read:
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240240 SECTION 12
241241 60.47 (3) CONTRACTS TO LOWEST RESPONSIBLE BIDDER. The town board shall
242242 let a public contract or public highway contract, for which advertising for proposals
243243 is required under sub. (2) (b) or (2m) to the lowest responsible bidder. Section
244244 66.0901 applies to public contracts or public highway contracts let under sub. subs.
245245 (2) (b) and (2m).
246246 SECTION 13. 60.47 (4) of the statutes is amended to read:
247247 60.47 (4) CONTRACTS WITH GOVERNMENTAL ENTITIES. This section does not
248248 apply to public contracts or public highway contracts entered into by a town with a
249249 municipality, as defined under s. 66.0301 (1) (a).
250250 SECTION 14. 60.47 (5) (title) of the statutes is amended to read:
251251 60.47 (5) (title) EXCEPTION FOR EMERGENCIES AND DONATED MATERIALS AND
252252 LABOR CERTAIN DONATIONS.
253253 SECTION 15. 60.47 (5) of the statutes is renumbered 60.47 (5) (a) and
254254 amended to read:
255255 60.47 (5) (a) This section is optional with respect to public contracts and
256256 public highway contracts for the repair and construction of public facilities when
257257 damage or threatened damage to the facility creates an emergency, as declared by
258258 resolution of the town board, that endangers the public health or welfare of the
259259 town. This subsection no longer applies when the town board declares that the
260260 emergency no longer exists.
261261 (b) This section is optional with respect to a public contract or public highway
262262 contract if the materials related to the contract are donated or if the labor that is
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288288 SECTION 15
289289 necessary to execute the public contract or public highway contract is provided by
290290 volunteers.
291291 SECTION 16. 60.47 (5) (c) of the statutes is created to read:
292292 60.47 (5) (c) This section does not apply to the construction by a private
293293 person of an improvement that is donated to the town after the completion of
294294 construction.
295295 SECTION 17. 62.15 (1) of the statutes is renumbered 62.15 (1) (a) and
296296 amended to read:
297297 62.15 (1) (a) All public construction, the estimated cost of which exceeds
298298 $25,000 the bidding threshold under par. (c) 1. a., shall be let by contract to the
299299 lowest responsible bidder; all other public construction shall be let as the council
300300 may direct. If the estimated cost of any public construction exceeds $5,000 the
301301 notice threshold under par. (c) 1. b. but is not greater than $25,000 the bidding
302302 threshold under par. (c) 1. a., the board of public works shall give a class 1 notice,
303303 under ch. 985, of the proposed construction before the contract for the construction
304304 is executed. This provision paragraph does not apply to public construction if the
305305 materials for such a the project are donated or if the labor for such a the project is
306306 provided by volunteers. The council may also by a vote of three-fourths of all the
307307 members-elect provide by ordinance that any class of public construction or any
308308 part thereof may be done directly by the city without submitting the same for bids.
309309 SECTION 18. 62.15 (1) (b) of the statutes is created to read:
310310 62.15 (1) (b) 1. In this paragraph:
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336336 SECTION 18
337337 a. XHighwayY means a public way or thoroughfare, including any bridges on
338338 the public way or thoroughfare.
339339 b. XPublic highway constructionY means a public construction project
340340 involving the construction, improvement, repair, or maintenance of a highway.
341341 2. Notwithstanding par. (a), all public highway construction, the estimated
342342 cost of which exceeds the bidding threshold under par. (c) 1. c., shall be let by
343343 contract to the lowest responsible bidder; all other public highway construction
344344 shall be let as the council may direct. Notwithstanding par. (a), if the estimated cost
345345 of any public highway construction exceeds the notice threshold under par. (c) 1. d.
346346 but is not greater than the bidding threshold under par. (c) 1. c., the board of public
347347 works shall give a class 1 notice, under ch. 985, of the proposed construction before
348348 the contract for the construction is executed. This subdivision does not apply to
349349 public highway construction if the materials for the project are donated or if the
350350 labor for the project is provided by volunteers. The council may also by a vote of
351351 three-fourths of all the members-elect provide by ordinance that any class of public
352352 highway construction or any part thereof may be done directly by the city without
353353 submitting the same for bids.
354354 SECTION 19. 62.15 (1) (c) of the statutes is created to read:
355355 62.15 (1) (c) 1. Beginning on the effective date of this subdivision .... [LRB
356356 inserts date}, the thresholds under pars. (a) and (b) are the following:
357357 a. For general public construction contract bidding, $50,000.
358358 b. For general public construction contract notice, $10,000.
359359 c. For public highway construction contract bidding, $25,000.
360360 d. For public highway construction contract notice, $5,000.
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388388 SECTION 19
389389 2. On the 5th year commencing after the effective date of this subdivision ....
390390 [LRB inserts date], and each subsequent 5th year, the thresholds under subd. 1.
391391 shall be increased by a percentage equal to the percentage change in the U.S.
392392 consumer price index for the previous 5 years, as determined by the federal
393393 department of labor, rounded to the nearest multiple of $1,000.
394394 SECTION 20. Initial applicability.
395395 (1) This act first applies to bids solicited on the effective date of this
396396 subsection.
397397 (END)
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