Amendment AA2-AB285

LRBa0314/1

EVM:cdc

2019 - 2020 LEGISLATURE

ASSEMBLY AMENDMENT 2, TO ASSEMBLY BILL 285

June 12, 2019 - Offered by Representative Thiesfeldt.

AB285-AA2,1,1 At the locations indicated, amend the bill as follows:

AB285-AA2,1,2 1. Page 1, line 2: delete “for highway improvements".

AB285-AA2,1,3 2. Page 1, line 3: before that line insert:

AB285-AA2,1,5 “ Section 1c. 59.52 (29) (a) of the statutes is renumbered 59.52 (29) (a) 1. and amended to read:

AB285-AA2,1,9 59.52 (29) (a) 1. All public work, including any contract for the construction, repair, remodeling, or improvement of any public work, building, or furnishing of supplies 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.

AB285-AA2,1,11 3. Any public work, the estimated cost of which does not exceed $25,000 $50,000, shall be let as the board may direct.

AB285-AA2,2,3 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).

AB285-AA2,2,7 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.

AB285-AA2,2,9 (c) This subsection does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers.

AB285-AA2,2,12 (d) This subsection does not apply to highway contracts which the county highway committee or the county highway commissioner is authorized by law to let or make.

AB285-AA2,1d Section 1d. 60.47 (1) (a) of the statutes is amended to read:

AB285-AA2,2,17 60.47 (1) (a) “Public contract" means a contract for the construction, execution, repair, remodeling or improvement of any public work or building or for the furnishing of materials or supplies, with an estimated cost greater than $5,000 $50,000.

AB285-AA2,1e Section 1e. 60.47 (1) (am) of the statutes is created to read:

AB285-AA2,2,23 60.47 (1) (am) “Public highway contract” means a contract for the construction, improvement, repair, or corrective or preventative maintenance of a highway. “Public highway contract” does not include a contract for routine maintenance incidental to the preservation of a highway, including snow and ice removal, ditch cleaning, mowing, tree trimming, sealing, crack filling, or grading.

AB285-AA2,1f Section 1f. 60.47 (2) (a) of the statutes is amended to read:

AB285-AA2,3,4 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.

AB285-AA2,1g Section 1g. 60.47 (2) (b) of the statutes is amended to read:

AB285-AA2,3,10 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 additional means of advertising for bids.

AB285-AA2,1h Section 1h. 60.47 (2m) of the statutes is created to read:

AB285-AA2,3,22 60.47 (2m) Public highway contracts. Notwithstanding 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 highway 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 advertising for bids.

AB285-AA2,1i Section 1i. 60.47 (3) of the statutes is amended to read:

AB285-AA2,4,3 60.47 (3) Contracts to lowest responsible bidder. 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 responsible bidder. Section 66.0901 applies to public contracts or public highway contracts let under sub. subs. (2) (b) and (2m).

AB285-AA2,1j Section 1j. 60.47 (4) of the statutes is amended to read:

AB285-AA2,4,7 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 municipality, as defined under s. 66.0301 (1) (a).

AB285-AA2,1k Section 1k. 60.47 (5) (title) of the statutes is amended to read:

AB285-AA2,4,10 60.47 (5) (title) Exception for emergencies and donated materials and labor certain donations.

AB285-AA2,1L Section 1L. 60.47 (5) of the statutes is renumbered 60.47 (5) (a) and amended to read:

AB285-AA2,4,18 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 emergency, 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.

AB285-AA2,4,22 (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 highway contract is provided by volunteers.

AB285-AA2,1m Section 1m. 62.15 (1) of the statutes is renumbered 62.15 (1) (a) and amended to read:

AB285-AA2,5,11 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 public works shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed. This provision does not apply to public construction if the materials for such a project are donated or if the labor for such a 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 thereof may be done directly by the city without submitting the same for bids.

AB285-AA2,1n Section 1n. 62.15 (1) (b) of the statutes is created to read:

AB285-AA2,5,17 62.15 (1) (b) 1. In this paragraph, “public highway construction” means the construction, improvement, repair, or corrective or preventative maintenance of a highway. “Public highway construction” does not include a contract for routine maintenance incidental to the preservation of a highway, including snow and ice removal, ditch cleaning, mowing, tree trimming, sealing, crack filling, or regrading.

AB285-AA2,6,4 2. Notwithstanding par. (a), all public highway construction, 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 estimated 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 construction is executed. This provision does not apply to public highway construction if the materials for such a project are donated or if the labor for such a 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 submitting the same for bids.”.

AB285-AA2,6,5 3. Page 3, line 2: after that line insert:

AB285-AA2,6,7 “ Section 2g. 86.51 of the statutes, as affected by 2017 Wisconsin Act 368, is repealed and recreated to read:

AB285-AA2,6,8 86.51 Requirements for local projects. (1) In this section:

AB285-AA2,6,11 (a) “Local bridge" means a bridge that is not on the state trunk highway system or on marked routes of the state trunk highway system designated as connecting highways.

AB285-AA2,6,13 (b) “Local roads" means streets under the authority of cities or villages, county trunk highways, or town roads.

AB285-AA2,6,14 (c) “Political subdivision” means a county, city, village, or town.

AB285-AA2,6,16 (d) “Project" means the development, construction, repair, or improvement of a local road or a local bridge.

AB285-AA2,6,19 (2) If the department disburses aid to a political subdivision for a project, the department shall notify the political subdivision whether the aid includes federal moneys and which project components must be paid for with federal moneys, if any.

AB285-AA2,6,22 (3) For any project meeting all of the following criteria, the department may not require a political subdivision to comply with any portion of the department's facilities development manual other than design standards:

AB285-AA2,6,24 (a) The project proposal is reviewed and approved by a professional engineer or by the highway commissioner for the county in which the project will be located.

AB285-AA2,7,2 (b) The project is conducted by a political subdivision with no expenditure of federal money.

AB285-AA2,7,6 (4) Any local project funded in whole or in part with state funds under the surface transportation urban program, the surface transportation rural program, or the local bridge program shall be let through competitive bidding and by contract to the lowest responsible bidder as provided in s. 84.06 (2).