Amendment AA1-AB820

ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 820

February 18, 2020 - Offered by Representative Steineke.

AB820-AA1,1,1 At the locations indicated, amend the bill as follows:

AB820-AA1,1,8 1. Page 1, line 8: delete the material beginning with “requirements" and ending with “authority” on line 10 and substitute “state and local contracting requirements; changes to the fuel suppliers administrative allowance; local bridge strengthening; the use of law enforcement officers in highway construction sites; annual permits for local operation of oversize and overweight vehicles and equipment; providing an exemption from emergency rule procedures; and granting rule-making authority”.

AB820-AA1,1,9 2. Page 2, line 1: before that line insert:

AB820-AA1,1,11 “ Section 1b. 59.52 (29) (a) of the statutes is renumbered 59.52 (29) (a) 1. and amended to read:

AB820-AA1,2,2 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.

AB820-AA1,2,4 3. Any public work, the estimated cost of which does not exceed $25,000 $50,000, shall be let as the board may direct.

AB820-AA1,2,7 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).

AB820-AA1,2,11 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.

AB820-AA1,2,13 (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.

AB820-AA1,2,16 (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.

AB820-AA1,1c Section 1c. 60.47 (1) (a) of the statutes is amended to read:

AB820-AA1,2,21 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.

AB820-AA1,1d Section 1d. 60.47 (1) (am) of the statutes is created to read:

AB820-AA1,3,2 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.

AB820-AA1,1e Section 1e. 60.47 (2) (a) of the statutes is amended to read:

AB820-AA1,3,7 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.

AB820-AA1,1f Section 1f. 60.47 (2) (b) of the statutes is amended to read:

AB820-AA1,3,13 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.

AB820-AA1,1g Section 1g. 60.47 (2m) of the statutes is created to read:

AB820-AA1,3,25 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.

AB820-AA1,1h Section 1h. 60.47 (3) of the statutes is amended to read:

AB820-AA1,4,6 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).

AB820-AA1,1i Section 1i. 60.47 (4) of the statutes is amended to read:

AB820-AA1,4,10 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).

AB820-AA1,1j Section 1j. 60.47 (5) (title) of the statutes is amended to read:

AB820-AA1,4,13 60.47 (5) (title) Exception for emergencies and donated materials and labor certain donations.

AB820-AA1,1k Section 1k. 60.47 (5) of the statutes is renumbered 60.47 (5) (a) and amended to read:

AB820-AA1,4,21 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.

AB820-AA1,4,25 (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.

AB820-AA1,1L Section 1L. 62.131 of the statutes is created to read:

AB820-AA1,5,12 62.131 Temporary traffic control. If construction, maintenance, or repair work is performed on a highway under the jurisdiction of a city, the chief of police may assign uniformed law enforcement officers to the area if a request is made to the board of public works by a contractor for the purpose of increasing the safety of the public and construction personnel in accordance with the manual adopted by the department of transportation under s. 84.02 (4) (e). The board of public works and the chief of police shall enter into a memorandum of understanding to specify procedures for the submission and review of requests and a system for a contractor to pay for the actual costs incurred by the police department when overtime compensation is paid to officers assigned or when the assignment of officers otherwise results in increased labor costs.

AB820-AA1,1m Section 1m. 62.15 (1) of the statutes is renumbered 62.15 (1) (a) and amended to read:

AB820-AA1,5,25 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.

AB820-AA1,1n Section 1n. 62.15 (1) (b) of the statutes is created to read:

AB820-AA1,6,6 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 routine maintenance incidental to the preservation of a highway, including snow and ice removal, ditch cleaning, mowing, tree trimming, sealing, crack filling, or grading.

AB820-AA1,6,18 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.

AB820-AA1,1p Section 1p. 83.21 of the statutes is created to read:

AB820-AA1,7,5 83.21 Temporary traffic control. When construction, maintenance, or repair work is performed on a highway under a county's jurisdiction, the sheriff of the county may assign uniformed law enforcement officers to the area when a request is made to the county highway commissioner by a contractor for the purpose of increasing the safety of the public and construction personnel in accordance with the manual adopted by the department under s. 84.02 (4) (e). The highway commissioner and the sheriff shall enter into a memorandum of understanding to specify procedures for the submission and review of requests and a system for the contractor to pay for the actual costs incurred by the sheriff's department when overtime compensation is paid to officers assigned or when the assignment of officers otherwise results in increased labor costs.

AB820-AA1,1q Section 1q. 84.02 (4) (e) of the statutes is amended to read:

AB820-AA1,7,17 84.02 (4) (e) The department shall adopt a manual establishing a uniform system of traffic control devices for use upon the highways of this state. The system shall be consistent with and, so far as practicable, conform to current nationally recognized standards for traffic control devices. The manual shall allow a contractor conducting highway construction, repair, or maintenance to request assignment of uniformed law enforcement officers, including state patrol officers, to a highway maintenance, repair, or construction area to increase the safety of the public and construction personnel and shall establish a system for the contractor to pay for the actual costs incurred by the assigning agency when overtime compensation is paid to those officers or when the assignment of officers otherwise results in increased labor costs.”.

AB820-AA1,7,18 3. Page 3, line 22: delete “$25,000,000" and substitute “$50,000,000".

AB820-AA1,7,19 4. Page 8, line 9: delete “60" and substitute “55".

AB820-AA1,7,20 5. Page 10, line 8: delete “40" and substitute “45".

AB820-AA1,7,21 6. Page 16, line 4: after that line insert:

AB820-AA1,7,22 “ Section 33a. 84.183 of the statutes is created to read:

AB820-AA1,7,24 84.183 Local bridge strengthening program. (1) Definitions. In this section:

AB820-AA1,8,3 (a) “Bridge strengthening project” means a project for the repair of a local bridge that is ineligible for the local bridge program under s. 84.18 and that the department determines contributes to the general economic welfare of the state.

AB820-AA1,8,6 (b) “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.

AB820-AA1,8,10 (2) Administration. The department shall administer a program to provide funding to local units of government for low-cost repairs, as determined by the department, to local bridge projects that are ineligible for the local bridge program under s. 84.18.

AB820-AA1,8,16 (3) Project identification. The department shall identify local bridges eligible for funding under this section, prioritizing bridge strengthening projects based on average daily traffic and specific impact to freight and commerce. Notwithstanding s. 84.06 (2) and subject to s. 84.06 (3), bridge strengthening projects under this section are exempt from competitive bidding requirements and shall be contracted to local units of government.

AB820-AA1,8,22 (4) Project funding. The department shall determine the amount of funding for each bridge strengthening project in a manner that best meets the needs of the traveling public, encourages economic development, and promotes the general welfare. The department shall provide the funding amount established in the project agreement, but not to exceed the percentage the department provides for a project under s. 84.18 (3).

AB820-AA1,9,2 (5) Execution and control of work. Subject to s. 30.2022 and the control exercised by the United States, any bridge strengthening project shall be conducted by the labor force of a local unit of government having jurisdiction over the local bridge.

AB820-AA1,9,4 (6) Exceptions. Nothing in this section prevents construction or rehabilitation projects under other bridge programs if applicable.

AB820-AA1,33b Section 33b. 86.51 of the statutes, as created by 2017 Wisconsin Act 368, is repealed and recreated to read:

AB820-AA1,9,7 86.51 Requirements for local projects. (1) In this section:

AB820-AA1,9,10 (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.

AB820-AA1,9,12 (b) “Local roads" means streets under the authority of cities or villages, county trunk highways, or town roads.

AB820-AA1,9,13 (c) “Political subdivision” means a county, city, village, or town.

AB820-AA1,9,15 (d) “Project" means the development, construction, repair, or improvement of a local road or a local bridge.

AB820-AA1,9,18 (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.

AB820-AA1,9,21 (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:

AB820-AA1,9,23 (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.

AB820-AA1,9,25 (b) The project is conducted by a political subdivision with no expenditure of federal money.

AB820-AA1,10,4 (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).

AB820-AA1,33c Section 33c. 200.47 (2) (a) of the statutes is amended to read:

AB820-AA1,10,14 200.47 (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.

AB820-AA1,33d Section 33d. 348.25 (1) of the statutes is amended to read:

AB820-AA1,10,19 348.25 (1) No person shall operate a vehicle on or transport an article over a highway without first obtaining a permit therefor as provided in s. 348.26, 348.265, or 348.27 if such vehicle or article exceeds the maximum limitations on size, weight, or projection of load imposed by this chapter.

AB820-AA1,33e Section 33e. 348.25 (2) (b) of the statutes is amended to read:

AB820-AA1,11,2 348.25 (2) (b) If an overweight permit has been obtained under s. 348.26, 348.265, or 348.27, and the vehicle exceeds the weight stated in the permit, any overweight violation shall be computed on the basis of the weight authorized in the permit. The amount of the forfeiture for overweight violations determined under this paragraph shall be calculated as provided in s. 348.21 (3) to (3r). This paragraph does not apply if any other conditions of an overweight permit are violated.

AB820-AA1,33f Section 33f. 348.25 (3) of the statutes is amended to read:

AB820-AA1,11,19 348.25 (3) The department shall prescribe forms for applications for all single trip permits the granting of which is authorized by s. 348.26 (2) to (7) and for those annual, consecutive month, or multiple trip permits the granting of which is authorized by s. 348.265 or 348.27 (2) and (4) to (15). The department shall prescribe an electronic application process for permits the granting of which is authorized by ss. 348.26 (8) and 348.27 (17). The department shall prescribe an electronic application process for permits the granting of which is authorized by s. 348.27 (16). The department shall prescribe an electronic application process for permits the granting of which is authorized by s. 348.27 (18). The department may impose such reasonable conditions prerequisite to the granting of any permit authorized by s. 348.26, 348.265, or 348.27 and adopt such reasonable rules for the operation of a permittee thereunder as it deems necessary for the safety of travel and protection of the highways. The department may limit use of the highways under any permit issued to specified hours of the day or days of the week. Local officials granting permits may impose such additional reasonable conditions as they deem necessary in view of local conditions.

AB820-AA1,33g Section 33g. 348.25 (4) (intro.) of the statutes is amended to read:

AB820-AA1,11,25 348.25 (4) (intro.) Except as provided under s. 348.26 (4), (6), or (7), 348.265, or 348.27 (3), (3m), (4m), (9), (9m), (9r), (9t), (10), (12), (15), (16), (18), or (19), permits shall be issued only for the transporting of a single article or vehicle which exceeds statutory size, weight or load limitations and which cannot reasonably be divided or reduced to comply with statutory size, weight or load limitations, except that:

AB820-AA1,33h Section 33h. 348.25 (5) of the statutes is amended to read:

AB820-AA1,12,13 348.25 (5) The officer or agency authorized by s. 348.26, 348.265, or 348.27 to issue permits may require the permittee to file a bond, certificate of insurance or certified check which, to the satisfaction of such officer or agency, saves the state and any county, city, village or town through which the vehicle or article will be operated or transported harmless from any claim, loss or damage that may result from the granting of such permit or that may arise from or on account of any act done pursuant thereto and conditioned to require the permittee to pay for restoration to a condition satisfactory to the officer in charge of the maintenance of any such highway any pavement, bridge, culvert, sewer pipe or other improvement that may be injured by reason of the use of the highways by the permittee. If a permittee refuses to pay for damage caused, the officer or agency who required the filing of a bond may maintain an action upon such bond.

AB820-AA1,33i Section 33i. 348.25 (6) of the statutes is amended to read:

AB820-AA1,12,20 348.25 (6) The officer or agency authorized by s. 348.26, 348.265, or 348.27 to issue permits may require the permittee to file proof satisfactory to such officer or agency that personal injury and property damage insurance in an amount considered sufficient by such officer or agency will be in force to cover any claim for bodily injury or property damage which may occur in connection with operation under the permit and for which the permittee is legally responsible.

AB820-AA1,33j Section 33j. 348.25 (9) of the statutes is amended to read:

AB820-AA1,12,25 348.25 (9) If a permit under s. 348.26, 348.265, or 348.27 is denied, suspended or revoked, the permit applicant or holder may petition the division of hearings and appeals for a hearing on the matter within 30 days after the denial, suspension or revocation.

AB820-AA1,33k Section 33k. 348.265 of the statutes is created to read:

AB820-AA1,13,8 348.265 Annual oversize or overweight permit for vehicles and equipment. (1) The local official in charge of maintenance of a highway may issue an annual permit for the operation of oversize or overweight vehicles and equipment identified in the permit between job sites, storage facilities, material supply sites, and other locations on a designated highway route identified in the permit. Local officials may issue such permits for use of state trunk highways within the county or municipality that they represent.

AB820-AA1,13,12 (2) A permit issued under this section may be issued only to a company operating oversize or overweight vehicles or equipment within the county or requiring the use of highways within the county to operate oversize or overweight vehicles or equipment to locations in another county.

AB820-AA1,13,17 (3) An application for a permit under this subsection shall be made on the form prescribed by the department and shall be submitted to the officer in charge of maintenance of the highway to be used. An application for use of a state trunk highway shall be submitted to the officer in charge of maintenance of highways in the county or municipality where the state trunk highway is located.

AB820-AA1,13,18 (4) An application for a permit under this section shall identify:

AB820-AA1,13,21 (a) The location of identified or anticipated job sites, storage or maintenance facilities, material supply sites, or other locations within the county or municipality for which the permit will be valid.