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AB217: Bill Text
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2025 - 2026 LEGISLATURE
LRB-2694/1
EVM:emw
2025 ASSEMBLY BILL 217
April 23, 2025 - Introduced by Representatives
O'Connor
,
Brooks
,
Armstrong
,
Novak
,
Donovan
,
Kitchens
,
Franklin
,
VanderMeer
,
B. Jacobson
,
Gundrum
,
Knodl
,
Mursau
,
Dittrich
and
Melotik
, cosponsored by Senator
Tomczyk
. Referred to Committee on Local Government.
AB217,1,5
1
An Act
to renumber and amend
59.52 (29) (a), 60.47 (1) (a), 60.47 (5) and
2
62.15 (1);
to amend
60.47 (2) (a), 60.47 (2) (b), 60.47 (3), 60.47 (4) and 60.47 (5)
3
(title);
to create
59.52 (29) (c) 2., 59.52 (29) (c) 3., 59.52 (29) (e), 60.47 (1) (ag),
4
60.47 (1) (as), 60.47 (2m), 60.47 (2s), 60.47 (5) (c), 62.15 (1) (b) and 62.15 (1) (c)
5
of the statutes;
relating to:
local government competitive bidding thresholds.
Analysis by the Legislative Reference Bureau
Under current law, in general, if the estimated cost of a local government public works project is between $5,000 and $25,000, the local governmental unit must provide a notice before it contracts. If the estimated cost exceeds $25,000, the local governmental unit must solicit bids and award the contract to the lowest responsible bidder.
This bill increases the notice threshold to $10,000 and the bidding threshold to $50,000 and adjusts these amounts quinquennially for inflation. The bill also provides exceptions to these bidding requirements for 1) public work by a county for the purpose of providing housing for persons placed on supervised release as sexually violent persons and 2) improvements that are constructed by a private person and donated to a town or county after the completion of construction. With regard to the latter, a similar exception for donated improvements currently exists for improvements donated to a city or village.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB217,1
1
Section
1
.
59.52 (29) (a) of the statutes is renumbered 59.52 (29) (a) 1. and
2
amended to read:
AB217,2,7
3
59.52
(29)
(a) 1. All public work, including any contract for the construction,
4
repair, remodeling
,
or improvement of any public work, building, or furnishing of
5
supplies or material of any kind where the estimated cost of such work will exceed
6
$25,000
the bidding threshold under par. (e) 1. a.
shall be let by contract to the
7
lowest responsible bidder.
AB217,2,9
8
3.
Any public work, the estimated cost of which does not exceed
$25,000
the
9
bidding threshold under par. (e) 1. a.
, shall be let as the board may direct.
AB217,2,13
10
4.
If the estimated cost of any public work is between
$5,000
the notice
11
threshold under par. (e) 1. b.
and
$25,000
the bidding threshold under par. (e) 1. a.
,
12
the board shall give a class 1 notice under ch. 985 before it contracts for the work or
13
shall contract with a person qualified as a bidder under s. 66.0901 (2).
AB217,2,18
14
2.
A contract, the estimated cost of which exceeds
$25,000
the bidding
15
threshold under par. (e) 1. a.
, shall be let and entered into under s. 66.0901, except
16
that the board may by a three-fourths vote of all the members entitled to a seat
17
provide that any class of public work or any part thereof may be done directly by the
18
county without submitting the same for bids.
AB217,3,2
19
(c) 1.
This subsection does not apply to public construction if the materials for
1
such a
the
project are donated or if the labor for
such a
the
project is provided by
2
volunteers.
AB217,3,5
3
(d)
This subsection does not apply to highway contracts which the county
4
highway committee or the county highway commissioner is authorized by law to let
5
or make
, which shall be let or made under s. 83.04
.
AB217,2
6
Section
2
.
59.52 (29) (c) 2. of the statutes is created to read:
AB217,3,9
7
59.52
(29)
(c) 2. This subsection does not apply to the construction by a private
8
person of an improvement that is donated to the county after the completion of
9
construction.
AB217,3
10
Section
3
.
59.52 (29) (c) 3. of the statutes is created to read:
AB217,3,12
11
59.52
(29)
(c) 3. This subsection does not apply to public work for the purpose
12
of providing housing for persons placed on supervised release under s. 980.08.
AB217,4
13
Section
4
.
59.52 (29) (e) of the statutes is created to read:
AB217,3,15
14
59.52
(29)
(e) 1. Beginning on the effective date of this subdivision .... [LRB
15
inserts date}, the thresholds under par. (a) are the following:
AB217,3,16
16
a. For general public works contract bidding, $50,000.
AB217,3,17
17
b. For general public works contract notice, $10,000.
AB217,3,22
18
2. On the 5th year commencing after the effective date of this subdivision ....
19
[LRB inserts date], and each subsequent 5th year, the thresholds under subd. 1.
20
shall be increased by a percentage equal to the percentage change in the U.S.
21
consumer price index for the previous 5 years, as determined by the federal
22
department of labor, rounded to the nearest multiple of $1,000.
AB217,5
23
Section
5
.
60.47 (1) (a) of the statutes is renumbered 60.47 (1) (am) and
24
amended to read:
AB217,4,3
1
60.47
(1)
(am) “Public contract” means a contract for the construction,
2
execution, repair, remodeling or improvement of any public work or building or for
3
the furnishing of materials or supplies
, with an estimated cost greater than $5,000
.
AB217,6
4
Section
6
.
60.47 (1) (ag) of the statutes is created to read:
AB217,4,6
5
60.47
(1)
(ag) “Highway” means a public way or thoroughfare, including any
6
bridges on the public way or thoroughfare.
AB217,7
7
Section
7
.
60.47 (1) (as) of the statutes is created to read:
AB217,4,9
8
60.47
(1)
(as) “Public highway contract” means a contract for the construction,
9
execution, repair, remodeling, or improvement of a highway.
AB217,8
10
Section
8
.
60.47 (2) (a) of the statutes is amended to read:
AB217,4,15
11
60.47
(2)
(a) No town may enter into a public contract with an estimated cost
12
of more than
$5,000
the notice threshold under sub. (2s) (a) 2.
but not more than
13
$25,000
the bidding threshold under sub. (2s) (a) 1.
unless the town board, or a town
14
official or employee designated by the town board, gives a class 1 notice under ch.
15
985 before execution of that public contract.
AB217,9
16
Section
9
.
60.47 (2) (b) of the statutes is amended to read:
AB217,4,21
17
60.47
(2)
(b) No town may enter into a public contract with a value of more
18
than
$25,000
the bidding threshold under sub. (2s) (a) 1.
unless the town board, or
19
a town official or employee designated by the town board, advertises for proposals to
20
perform the terms of the public contract by publishing a class 2 notice under ch.
21
985. The town board may provide for additional means of advertising for bids.
AB217,10
22
Section
10
.
60.47 (2m) of the statutes is created to read:
AB217,5,10
23
60.47
(2m)
Public highway contracts.
Notwithstanding sub. (2), and
24
except as provided in subs. (4) and (5), no town may enter into a public highway
1
contract with an estimated cost of more than the notice threshold under sub. (2s) (a)
2
4. but not more than the bidding threshold under sub. (2s) (a) 3. unless the town
3
board, or a town official or employee designated by the town board, gives a class 1
4
notice under ch. 985 before execution of that public highway contract.
5
Notwithstanding sub. (2), and except as provided in subs. (4) and (5), no town may
6
enter into a public highway contract with a value of more than the bidding
7
threshold under sub. (2s) (a) 3., unless the town board, or a town official or employee
8
designated by the town board, advertises for proposals to perform the terms of the
9
public highway contract by publishing a class 2 notice under ch. 985. The town
10
board may provide for additional means of advertising for bids.
AB217,11
11
Section
11
.
60.47 (2s) of the statutes is created to read:
AB217,5,14
12
60.47
(2s)
Threshold amounts.
(a) Beginning on the effective date of this
13
paragraph .... [LRB inserts date}, the thresholds under subs. (2) and (2m) are the
14
following:
AB217,5,15
15
1. For general public contract bidding, $50,000.
AB217,5,16
16
2. For general public contract notice, $10,000.
AB217,5,17
17
3. For public highway contract bidding, $25,000.
AB217,5,18
18
4. For public highway contract notice, $5,000.
AB217,5,23
19
(b) On the 5th year commencing after the effective date of this paragraph ....
20
[LRB inserts date], and each subsequent 5th year, the thresholds under par. (a)
21
shall be increased by a percentage equal to the percentage change in the U.S.
22
consumer price index for the previous 5 years, as determined by the federal
23
department of labor, rounded to the nearest multiple of $1,000.
AB217,12
24
Section
12
.
60.47 (3) of the statutes is amended to read:
AB217,6,5
1
60.47
(3)
Contracts to lowest responsible bidder.
The town board shall
2
let a public contract
or public highway contract,
for which advertising for proposals
3
is required under sub. (2) (b)
or (2m)
to the lowest responsible bidder. Section
4
66.0901 applies to public contracts
or public highway contracts
let under
sub.
subs.
5
(2) (b)
and (2m)
.
AB217,13
6
Section
13
.
60.47 (4) of the statutes is amended to read:
AB217,6,9
7
60.47
(4)
Contracts with governmental entities.
This section does not
8
apply to public contracts
or public highway contracts
entered into by a town with a
9
municipality, as defined under s. 66.0301 (1) (a).
AB217,14
10
Section
14
.
60.47 (5) (title) of the statutes is amended to read:
AB217,6,12
11
60.47
(5)
(title)
Exception for emergencies and
donated materials and
12
labor
certain donations
.
AB217,15
13
Section
15
.
60.47 (5) of the statutes is renumbered 60.47 (5) (a) and
14
amended to read:
AB217,6,20
15
60.47
(5)
(a) This section is optional with respect to public contracts
and
16
public highway contracts
for the repair and construction of public facilities when
17
damage or threatened damage to the facility creates an emergency, as declared by
18
resolution of the town board, that endangers the public health or welfare of the
19
town. This subsection no longer applies when the town board declares that the
20
emergency no longer exists.
AB217,7,2
21
(b)
This section is optional with respect to a public contract
or public highway
22
contract
if the materials related to the contract are donated or if the labor that is
1
necessary to execute the public contract
or public highway contract
is provided by
2
volunteers.
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