SF0164 • 2023

Public improvement contract requirements-amendments.

AN ACT relating to cities and towns; amending requirements for contracts for public improvements for municipalities; amending requirements for the purchase or trade of property by cities and towns; amending the guarantees required for public improvement contracts; specifying applicability; and providing for an effective date.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Senator Boner
Last action: 2023-03-09
Official status: enrolled
Effective date: 4/1/2023

Plain English Breakdown

The candidate explanation included some claims that were not directly supported by the official source material but were implied or clarified in the summary.

Changes to Public Improvement Contracts

This law changes how cities and towns handle contracts for public improvements, including raising the bid threshold and removing some requirements for automobile purchases.

What This Bill Does

Increases the amount a city or town must advertise for bids on public improvement projects from $35,000 to $75,000.
Eliminates the requirement for bidders to provide a bond when buying an automobile or truck under $100,000.
Clarifies that contracts for automobiles or trucks over $100,000 cannot be assigned without municipal governing body consent.
Allows cities and towns to buy vehicles or equipment between $100,000 and $250,000 if they cannot find a good bid price.

Who It Names or Affects

Cities and towns in the state.
Companies bidding on public improvement projects.
People selling automobiles or trucks to cities and towns.

Terms To Know

bid threshold: The minimum amount a city must advertise for bids on public improvements.
bond: A financial guarantee that bidders provide to secure contracts.

Limits and Unknowns

Does not affect existing contracts or agreements.
Only applies to solicitations initiated after April 1, 2023.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0164HS001

Standing Committee • House Corporations, Elections & Political Subdivis

Adopted

Plain English: The amendment changes the deadline from July to April for certain requirements related to public improvement contracts in municipalities.

Changes the deadline from July to April on page 5, line 22 of the bill.
Changes the deadline from July to April on page 6, lines 1 and 4 of the bill.

SF0164SS001

Standing Committee • Senate Transportation, Highways and Military Affai

Adopted

Plain English: The amendment changes the bid threshold for public improvement contracts from $35,000 to $75,000 and specifies requirements for advertising bids and guarantees.

Increases the bid advertisement requirement threshold from $35,000 to $75,000 for public improvement contracts in cities or towns.
Removes the need for a bond or other form of guarantee if the contract is for purchasing or leasing an automobile or truck under $100,000.
Adds new requirements and conditions related to bid guarantees and the process of assigning or transferring contracts.

The amendment text removes several pages of existing law without providing them in full, making it difficult to understand all changes comprehensively.

Bill History

2023-03-09 LSO
Assigned Chapter Number 171
2023-03-09 Governor
Governor Signed SEA No. 0087
2023-03-02 House
H Speaker Signed SEA No. 0087
2023-03-02 Senate
S President Signed SEA No. 0087
2023-03-01 LSO
Assigned Number SEA No. 0087
2023-03-01 Senate
S Concur:Passed 29-0-2-0-0
2023-03-01 Senate
S Received for Concurrence
2023-03-01 House
H 3rd Reading:Passed 57-4-1-0-0
2023-02-28 House
H 2nd Reading:Passed
2023-02-27 House
H COW:Passed
2023-02-22 House
H Placed on General File
2023-02-22 House
H07 - Corporations:Recommend Amend and Do Pass 9-0-0-0-0
2023-02-14 House
H Introduced and Referred to H07 - Corporations
2023-02-06 House
H Received for Introduction
2023-02-06 Senate
S 3rd Reading:Passed 30-0-0-0-1
2023-02-03 Senate
S 2nd Reading:Passed
2023-02-02 Senate
S COW:Passed
2023-01-31 Senate
S Placed on General File
2023-01-31 Senate
S08 - Transportation:Recommend Amend and Do Pass 5-0-0-0-0
2023-01-26 Senate
:Refer to S08 - Transportation
2023-01-24 Senate
S Introduced and Referred to S07 - Corporations
2023-01-24 Senate
S Received for Introduction
2023-01-23 LSO
Bill Number Assigned

Official Summary Text

Bill Summary - 23LSO-0687
Bill No.:

SF0164

Effective:

4/1/2023

LSO No.:

23LSO-0687

Enrolled Act No.:

SEA No. 0087

Chapter No.:

171

Prime Sponsor:

Boner

Catch Title:

Public improvement contract requirements-amendments.

Subject:

Amending requirements for contracts and purchases of public improvements.

Summary/Major Elements:

Current law provides various requirements for municipalities to follow when entering contracts for public improvements or purchasing certain equipment, including automobiles.

This act amends those requirements, including:
Increasing the bid threshold at which public improvement contracts must be advertised for bid from thirty-five thousand dollars ($35,000.00) to seventy-five thousand dollars ($75,000.00).
Eliminating the requirement for a bidder to furnish a bond or other bid guarantee for a contract for the purchase or lease of a new automobile or truck if the purchase or lease price is less than one hundred thousand dollars ($100,000.00).
Clarifying that a contract for the purchase or lease of a new automobile or truck where the purchase or lease price exceeds one hundred thousand dollars ($100,000.00) cannot be assigned or transferred unless the municipal governing body consents.
Authorizing a municipality to proceed to acquire a vehicle or equipment with a purchase price above one hundred thousand dollars ($100,000.00) and below two hundred fifty thousand dollars ($250,000.00) if the municipality is unsuccessful in acquiring the vehicle or equipment through the required bid process.

The act applies to all solicitations for contracts, purchases and leases initiated on and after April 1, 2023. Nothing in the act can be construed to impair any existing contract or agreement.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text

23LSO-0687

ORIGINAL Senate

ENGROSSED
File No
.
SF0164

ENROLLED ACT NO. 87,

SENATE

SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2023 General Session

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 15
‑
1
‑
113(a), (d), (f), (g) and by creating a new subsection (t) is amended to read:

15
‑
1
‑
113.

Contracts for public improvements.

(a)

All contracts for any type of public improvement, excluding contracts for professional services or where the primary purpose is emergency work or maintenance, for any city or town or joint powers board wherein at least one (1) member is a municipality shall be advertised for bid or for response if a request for proposal or qualification for construction manager agent, construction manager at risk or design
‑
builder is used, if the estimated cost, including all related costs, exceeds a bid threshold of
thirty
‑
five thousand dollars ($35,000.00)
seventy
‑
five thousand dollars ($75,000.00)
, except that a contract for the purchase or lease of a new automobile or truck shall be advertised regardless of cost and if there is an automobile or truck for trade
‑
in, it shall be included as a part of the advertisement and bid.

The requirements of W.S. 15
‑
1
‑
112(a) do not apply to any city or town trading in an automobile or truck on the purchase of a new automobile or truck.

(d)

Every contract shall be executed by the mayor or in his absence or disability, by the president or other presiding officer of the governing body and by the clerk or designee of the governing body.

The successful bidder or respondent shall furnish to the city, town or joint powers board a bond or other form of guarantee in accordance with W.S. 16
‑
6
‑
112.
A successful bidder shall not be required to furnish a bond or other form of guarantee if the contract is for the purchase or lease of a new automobile or truck that costs less than one hundred thousand dollars ($100,000.00).

(f)

In advertising for any bid, the forms of guarantee required under this section and approved by the city, town or joint powers board shall be specified.

In addition, bidders shall be required to accompany each bid with a bid bond or if the bid is one hundred fifty thousand dollars ($150,000.00) or less, any other form of bid guarantee approved by the city, town or joint powers board, equal to at least five percent (5%) of the total bid amount, with sufficient surety and payable to the city, town or joint powers board.
Bidders shall not be required to accompany a bid with a bid bond or other form of bid guarantee if the bid is for the purchase or lease of a new automobile or truck that costs less than one hundred thousand dollars ($100,000.00).
The bid guarantee shall be forfeited as liquidated damages if the bidder, upon the letting of the contract to him, fails to enter into the contract within thirty (30) days after it is presented to him for that purpose or fails to proceed with the performance of the contract.

The bid guarantee shall be retained by the city, town or joint powers board until proper bond or other form of security satisfactory to the city, town or joint powers board to secure performance of the contract has been filed and approved.

The right to reject any bid is reserved in all bid advertisements.

All bids shall be numbered consecutively before they are opened and no further bids may be received after the advertised time of opening bids and any bid is publicly opened.

The city, town or joint powers board shall give all persons who desire an opportunity to inspect all bids when they are opened.

No bid may be considered unless accompanied by a bid guarantee in the required amount.

(g)

No contract for which a bond or other form of financial guarantee approved by the city, town or joint powers board is required
or for the purchase or lease of a new automobile or truck that is subject to the advertising requirements of subsection (a) of this section
may be assigned or transferred in any manner except by operation of law or consent of the governing body endorsed on the contract.

Assignment by any other means renders the contract null and void as to any further performance by the contractor or the assignee, without any act on the part of the city, town or joint powers board. The city, town or joint powers board may at once proceed to relet the contract or may at its discretion proceed to complete the contract as agent at the expense of the contractor and his sureties.

(t)

If a city, town or joint powers board is unsuccessful in acquiring a bid as provided by this section, the city, town or joint powers board may proceed to acquire a vehicle or equipment for which the bid was sought through a solicitation process, provided that the cost of vehicle or equipment to be obtained under this subsection shall not exceed two hundred fifty thousand dollars ($250,000.00).

Section 2.

This act shall apply to all solicitations for contracts, purchases or leases initiated on and after April 1, 2023. Nothing in this act shall be construed to impair any contract or agreement entered into before April 1, 2023.

Section 3
.

This act is effective April

1, 2023
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk