LRB-4910/1
EVM&FFK:wlj
2023 - 2024 LEGISLATURE
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.
AB723,1,7 1An Act to renumber and amend 59.52 (29) (a), 60.47 (5) and 62.15 (1); to
2amend
60.47 (2) (a), 60.47 (2) (b), 60.47 (3), 60.47 (4), 60.47 (5) (title), 66.0901
3(1) (as), 66.0901 (1m) (a) (intro.), 66.0901 (1m) (b) and 119.04 (1); and to create
459.52 (29) (am), 59.52 (29) (c) 2., 60.47 (1) (am), 60.47 (2m), 60.47 (5) (c), 62.15
5(1) (b), 120.12 (5m) and 120.127 of the statutes; relating to: local government
6competitive bidding thresholds and requiring school districts to utilize
7competitive bidding.
Analysis 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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB723,1 1Section 1 . 59.52 (29) (a) of the statutes is renumbered 59.52 (29) (a) 1. and
2amended to read:
AB723,2,63 59.52 (29) (a) 1. All public work, including any contract for the construction,
4repair, remodeling, or improvement of any public work, building, or furnishing of
5supplies or material of any kind where the estimated cost of such work will exceed
6$25,000 $50,000 shall be let by contract to the lowest responsible bidder.
AB723,2,8 73. Any public work, the estimated cost of which does not exceed $25,000
8$50,000, shall be let as the board may direct.
AB723,2,11 94. If the estimated cost of any public work is between $5,000 and $25,000
10$50,000, the board shall give a class 1 notice under ch. 985 before it contracts for the
11work or shall contract with a person qualified as a bidder under s. 66.0901 (2).
AB723,2,15 122. A contract, the estimated cost of which exceeds $25,000 $50,000, shall be let
13and entered into under s. 66.0901, except that the board may by a three-fourths vote
14of all the members entitled to a seat provide that any class of public work or any part
15thereof may be done directly by the county without submitting the same for bids.
AB723,2,18 16(c) 1. This subsection does not apply to public construction if the materials for
17such a the project are donated or if the labor for such a the project is provided by
18volunteers.
AB723,3,3
1(d) This subsection does not apply to highway contracts which the county
2highway committee or the county highway commissioner is authorized by law to let
3or make.
AB723,2 4Section 2. 59.52 (29) (am) of the statutes is created to read:
AB723,3,75 59.52 (29) (am) 1. In this paragraph, “public road project” means a public work
6project for the construction, repair, or maintenance of a public road of which the
7county is in control or for which the county is responsible.
AB723,3,198 2. Notwithstanding par. (a) 1., if the estimated cost of a public road project
9exceeds $25,000, the board shall let the project by contract to the lowest responsible
10bidder. Notwithstanding par. (a) 3., if the estimated cost of a public road project does
11not exceed $25,000, the board may let the project in any manner. Notwithstanding
12par. (a) 4., if the estimated cost of a public road project is between $5,000 and $25,000,
13the board shall give a class 1 notice under ch. 985 before it contracts for the project
14or shall contract with a person qualified as a bidder under s. 66.0901 (2).
15Notwithstanding par. (a) 2., if the estimated cost of a public road project exceeds
16$25,000, the board shall let the project by contract and enter into the contract under
17s. 66.0901, except that the board may, by a three-fourths vote of all the members
18entitled to a seat, provide that any portion of the project may be completed directly
19by the county without submitting that portion of the project for bids.
AB723,3 20Section 3 . 59.52 (29) (c) 2. of the statutes is created to read:
AB723,3,2321 59.52 (29) (c) 2. This subsection does not apply to the construction by a person
22other than the county of an improvement that is donated to the county after the
23completion of construction.
AB723,4 24Section 4. 60.47 (1) (am) of the statutes is created to read:
AB723,4,3
160.47 (1) (am) “Public road contract” means a contract for the construction,
2repair, or maintenance of a public road of which the town is in control or for which
3the town is responsible.
AB723,5 4Section 5 . 60.47 (2) (a) of the statutes is amended to read:
AB723,4,85 60.47 (2) (a) No town may enter into a public contract with an estimated cost
6of more than $5,000 but not more than $25,000 $50,000 unless the town board, or a
7town official or employee designated by the town board, gives a class 1 notice under
8ch. 985 before execution of that public contract.
AB723,6 9Section 6 . 60.47 (2) (b) of the statutes is amended to read:
AB723,4,1410 60.47 (2) (b) No town may enter into a public contract with a value of more than
11$25,000 $50,000 unless the town board, or a town official or employee designated by
12the town board, advertises for proposals to perform the terms of the public contract
13by publishing a class 2 notice under ch. 985. The town board may provide for
14additional means of advertising for bids.
AB723,7 15Section 7. 60.47 (2m) of the statutes is created to read:
AB723,4,2516 60.47 (2m) Public road contracts. Notwithstanding sub. (2), and except as
17provided in subs. (4) and (5), no town may enter into a public road contract with an
18estimated cost of more than $5,000 but not more than $25,000 unless the town board,
19or a town official or employee designated by the town board, gives a class 1 notice
20under ch. 985 before execution of that public road contract. Notwithstanding sub.
21(2), and except as provided in subs. (4) and (5), no town may enter into a public road
22contract with a value of more than $25,000, unless the town board, or a town official
23or employee designated by the town board, advertises for proposals to perform the
24terms of the public road contract by publishing a class 2 notice under ch. 985. The
25town board may provide for additional means of advertising for bids.
AB723,8
1Section 8. 60.47 (3) of the statutes is amended to read:
AB723,5,62 60.47 (3) Contracts to lowest responsible bidder. The town board shall let
3a public contract or public road contract, for which advertising for proposals is
4required under sub. (2) (b) or (2m) to the lowest responsible bidder. Section 66.0901
5applies to public contracts or public road contracts let under sub. subs. (2) (b) and
6(2m)
.
AB723,9 7Section 9. 60.47 (4) of the statutes is amended to read:
AB723,5,108 60.47 (4) Contracts with governmental entities. This section does not apply
9to public contracts or public road contracts, entered into by a town with a
10municipality, as defined under s. 66.0301 (1) (a).
AB723,10 11Section 10. 60.47 (5) (title) of the statutes is amended to read:
AB723,5,1312 60.47 (5) (title) Exception for emergencies and donated materials and labor
13certain donations.
AB723,11 14Section 11 . 60.47 (5) of the statutes is renumbered 60.47 (5) (a) and amended
15to read:
AB723,5,2116 60.47 (5) (a) This section is optional with respect to public contracts and public
17road contracts
for the repair and construction of public facilities when damage or
18threatened damage to the facility creates an emergency, as declared by resolution of
19the town board, that endangers the public health or welfare of the town. This
20subsection no longer applies when the town board declares that the emergency no
21longer exists.
AB723,5,25 22(b) This section is optional with respect to a public contract or public road
23contract
if the materials related to the contract are donated or if the labor that is
24necessary to execute the public contract or public road contract is provided by
25volunteers.
AB723,12
1Section 12. 60.47 (5) (c) of the statutes is created to read:
AB723,6,42 60.47 (5) (c) This section does not apply to the construction by a person other
3than the town of an improvement that is donated to the town after the completion
4of construction.
AB723,13 5Section 13. 62.15 (1) of the statutes is renumbered 62.15 (1) (a) and amended
6to read:
AB723,6,177 62.15 (1) (a) All public construction, the estimated cost of which exceeds
8$25,000 $50,000, shall be let by contract to the lowest responsible bidder; all other
9public construction shall be let as the council may direct. If the estimated cost of any
10public construction exceeds $5,000 but is not greater than $25,000 $50,000, the board
11of public works shall give a class 1 notice, under ch. 985, of the proposed construction
12before the contract for the construction is executed. This provision paragraph does
13not apply to public construction if the materials for such a the project are donated
14or if the labor for such a the project is provided by volunteers. The council may also
15by a vote of three-fourths of all the members-elect provide by ordinance that any
16class of public construction or any part thereof may be done directly by the city
17without submitting the same for bids.
AB723,14 18Section 14. 62.15 (1) (b) of the statutes is created to read:
AB723,6,2119 62.15 (1) (b) 1. In this paragraph, “public road construction” means a public
20construction project involving the construction, repair, or maintenance of a public
21road of which the city is in control or for which the city is responsible.
AB723,7,722 2. Notwithstanding par. (a), all public road construction, the estimated cost of
23which exceeds $25,000, shall be let by contract to the lowest responsible bidder; all
24other public road construction shall be let as the council may direct.
25Notwithstanding par. (a), if the estimated cost of any public road construction

1exceeds $5,000 but is not greater than $25,000, the board of public works shall give
2a class 1 notice, under ch. 985, of the proposed construction before the contract for
3the construction is executed. This subdivision does not apply to public road
4construction if the materials for the project are donated or if the labor for the project
5is provided by volunteers. The council may also by a vote of three-fourths of all the
6members-elect provide by ordinance that any class of public road construction or any
7part thereof may be done directly by the city without submitting the same for bids.
AB723,15 8Section 15. 66.0901 (1) (as) of the statutes is amended to read:
AB723,7,139 66.0901 (1) (as) “Municipality" means the state or a town, city, village, school
10district, board of school directors of the school district operating under ch. 119, sewer
11district, drainage district, technical college district or other public or quasi-public
12corporation, officer, board or other public body charged with the duty of receiving bids
13for and awarding any public contracts.
AB723,16 14Section 16. 66.0901 (1m) (a) (intro.) of the statutes is amended to read:
AB723,7,1915 66.0901 (1m) (a) (intro.) Except when necessary to secure federal aid,
16whenever a political subdivision, a school district, or the board of school directors of
17the school district operating under ch. 119
lets a public contract by bidding, the
18political subdivision, school district, or board of school directors shall comply with all
19of the following:
AB723,17 20Section 17. 66.0901 (1m) (b) of the statutes is amended to read:
AB723,7,2521 66.0901 (1m) (b) Except when necessary to secure federal aid, a political
22subdivision, a school district, or the board of school directors of the school district
23operating under ch. 119
may not use a bidding method that gives preference based
24on the geographic location of the bidder or that uses criteria other than the lowest
25responsible bidder in awarding a contract.
AB723,18
1Section 18. 119.04 (1) of the statutes, as affected by 2023 Wisconsin Act 12,
2is amended to read:
AB723,8,153 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
466.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
5115.345, 115.363, 115.364, 115.365 (3), 115.366, 115.367, 115.38 (2), 115.415, 115.445,
6118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.124,
7118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164,
8118.18, 118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and
9(10), 118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.2935, 118.30
10to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m),
11(5), (5m), and (15) to (27), 120.125, 120.127, 120.13 (1), (2) (b) to (g), (3), (14), (17) to
12(19), (26), (34), (35), (37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and
13120.25 are applicable to a 1st class city school district and board but not, unless
14explicitly provided in this chapter or in the terms of a contract, to the commissioner
15or to any school transferred to an opportunity schools and partnership program.
AB723,19 16Section 19 . 120.12 (5m) of the statutes is created to read:
AB723,8,2317 120.12 (5m) Contracts; advertising for bids; contracts to lowest
18responsible bidder; exception for emergencies.
(a) Subject to s. 120.127, before
19entering into a contract for the construction, repair, remodeling, or improvement of
20a public school building or public school facilities or for the furnishing of supplies or
21materials with an estimated cost greater than $5,000 but not more than $150,000,
22give or direct the school district clerk to give a class 1 notice under ch. 985 of that
23contract or contract with a person qualified as a bidder under s. 66.0901 (2).
AB723,9,824 (b) 1. Except as provided in subds. 2. and 3. and subject to s. 120.127, before
25entering into a contract for the construction, repair, remodeling, or improvement of

1a public school building or public school facilities or for the furnishing of supplies or
2materials with an estimated cost greater than $150,000, advertise or direct the
3school district clerk to advertise for proposals to perform the terms of the contract
4by publishing a class 2 notice under ch. 985. The school board may provide for
5additional means of advertising for bids. The school board shall let a public contract
6for which advertising for proposals is required under this paragraph to the lowest
7responsible bidder. Section 66.0901 applies to public contracts let under this
8paragraph.
AB723,9,129 2. The school board may, by a three-fourths vote of all the members, provide
10that any construction, repair, remodeling, or improvement described in subd. 1. or
11any part thereof may be done directly by the school district without submitting the
12same for bids.
AB723,9,1613 3. Subdivision 1. does not apply to the construction, repair, remodeling, or
14improvement of a public school building or public school facilities or to the furnishing
15of supplies or materials if the materials for the project are donated or if the labor for
16the project is provided by volunteers.
AB723,20 17Section 20 . 120.127 of the statutes is created to read:
AB723,9,25 18120.127 Exception to requirement for notice and bidding of contracts
19in case of emergency.
The provisions of s. 120.12 (5m) are not mandatory for the
20repair or reconstruction of a public school building or public school facilities when
21damage or threatened damage thereto creates an emergency, as determined by
22resolution of the school board, in which the public health or welfare of the school
23district is endangered. Whenever the school board by majority vote at a regular or
24special meeting determines that an emergency no longer exists, this section no longer
25applies.
AB723,21
1Section 21. Initial applicability.
AB723,10,42 (1) Bids threshold. The treatment of ss. 60.47 (2) (b), 62.15 (1), 66.0901 (1m)
3(a) (intro.), and 120.12 (5m) (b) and the renumbering and amendment of s. 59.52 (29)
4(a) first apply to bids solicited on the effective date of this subsection.
AB723,10,55 (End)
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