AB723,,112023 ASSEMBLY BILL 723
December 6, 2023 - Introduced by Representatives Brooks, Behnke, Bodden, Brandtjen, Dittrich, Moses, O’Connor, Rozar, Sortwell, Zimmerman and Green, cosponsored by Senators Stroebel, Felzkowski and Tomczyk. Referred to Committee on Local Government.
AB723,,22An 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) and 119.04 (1); 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.
AB723,,33Analysis by the Legislative Reference Bureau
This bill increases to $50,000, with an exception for certain highway projects, the threshold governing sealed, competitive bids that is applicable to a local unit of government. Under current law, if the estimated cost of a public works project exceeds $25,000, the state or local unit of government must solicit bids and award the public works contract to the lowest responsible bidder.
The bill also requires a school board and the board of school directors of the Milwaukee Public Schools to comply with these bidding requirements if the estimated cost of a contract exceeds $150,000 and the contract is for the construction, repair, remodeling, or improvement of a public school building or for the furnishing of supplies or materials.
The bill provides an exception to the bidding requirements for improvements that are constructed by a person other than a town or county and donated to a town or county after the completion of construction. A similar exception for donated improvements currently exists for improvements donated to a city or village. The bill also provides an exception to the bidding requirements that apply to school boards and the MPS board of school directors if the school board or board of directors determines that damage or potential damage to a public school building endangers the public health or welfare.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
AB723,,44The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB723,15Section 1. 59.52 (29) (a) of the statutes is renumbered 59.52 (29) (a) 1. and amended to read:
AB723,,6659.52 (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.
AB723,,773. Any public work, the estimated cost of which does not exceed $25,000 $50,000, shall be let as the board may direct.
AB723,,884. 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).
AB723,,992. 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.
AB723,,1010(c) 1. This subsection 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.
AB723,,1111(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.
AB723,212Section 2. 59.52 (29) (am) of the statutes is created to read: