Wisconsin 2019-2020 Regular Session Status: Passed Assembly 10 R cosponsors

AB 285 — Relating to: bidding procedures for highway improvements. (FE)

Last action — Failed to pass pursuant to Senate Joint Resolution 1

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

64 added · 10 removed

Plain-language change summary

The updated version of Assembly Bill 285 changes the bidding procedure for highway improvement projects. Previously, if only one bid was received, there were limited guidelines for handling it; now the bill stipulates that if that bid exceeds 110% of the estimated project value, the Department of Transportation must reject it and seek more bids to encourage competition. This shift matters because it aims to ensure that highway projects are being awarded at a fair price, potentially leading to better use of taxpayer dollars.

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Latest
- 2020 LEGISLATURE LRBa0601/1 EVM:cjs SENATE AMENDMENT 1, TO ASSEMBLY BILL 285 October 7, 2019 - Offered by SenatRAIG.
- 2020 LEGISLATURE LRB-3025/1 EVM:kjf ASSEMBLY BILL 285 June 7, 2019 - Introduced by Representatives SANFELIPPO, BRANDTJEN , DITTRIC, G UNDRUM , H UTTON, JAGLER, K NODL, KUGLITSCH , MAGNAFICI, N EYLON, OTT, Q UINN, RAMTHUN , ORTWELL , TUSLER, WICHGERS and P LUMER, cosponsored by Senators C RAI, JACQUE, NASS, TROEBEL and BERNIER .
At the locations indicated, amend the bill as follows:
Referred to Committee on Transportation.
1.
A N A CT to amend 84.06 (2) (a);
Page 3, line 2:
and to create 84.06 (2) (c) of the statutes;
after that line, in the material inserted by assembly amendment 5, delete the material inserted by assembly amendment 1 to assembly amendment 5.
relating to:
bidding procedures for highway improvements.
Analysis by the Legislative Reference Bureau Under current law, highway improvement projects undertaken by the Department of Transportation, with limited exceptions, must be executed by contract based on bids.
Under this bill, with an exception, if only one bid from a competent bidder is received for a contract and the bid is in excess of 110 percent of the estimated reasonable value of the work, DOT must reject the bid and readvertise the contract for bids in a manner likely to increase the number of bidders.
For further information see the state 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:
SECTION 1.
84.06 (2) (a) of the statutes is amended to read:
84.06 (2) (a) All such highway improvements shall be executed by contract based on bids unless the department finds that another method as provided in sub.
(3) or (4) would be more feasible and advantageous.
Bids shall be advertised for in - 2020 Legislature - 2 - LRB-3025/1 EVM:kjf ASSEMBLY BILL 285 S ECTION 1 the manner determined by the department.
Except as provided in par.
(c) and.
84.075, the contract shall be awarded to the lowest competent and responsible bidder as determined by the department.
If the bid of the lowest competent bidder is determined by the department to be in excess of the estimated reasonable value of the work or not in the public interest, all bids may be rejected.
The department shall, so far as reasonable, follow uniform methods of advertising for bids and may prescribe and require uniform forms of bids and contracts.
Except as provided in par.
(b), the secretary shall enter into the contract on behalf of the state.
Every such contract is exempted from ss.
16.70 to 16.75, 16.755 to 16.82, 16.87 and 16.89, but ss.
16.528, 16.752, 16.753, and 16.754 apply to the contract.
Any such contract involving an expenditure of $1,000 or more shall not be valid until approved by the governor.
The secretary may require the attorney general to examine any contract and any bond submitted in connection with the contract and report on its sufficiency of form and execution.
The bond required by s.
779.14 (1m) is exempt from approval by the governor and shall be subject to approval by the secretary.
This subsection also applies to contracts with private contractors based on bids for maintenance under s.
84.07.
S ECTION 2.
84.06 (2) (c) of the statutes is created to read:
84.06 (2) (c) Except as provided in the paragraph, if the department receives only one bid for a contract from a competent bidder and the bid exceeds 110 percent of the estimated reasonable value of the work under the contract, as determined by the department, the department shall reject the bid and readvertise the contract for bids.
Notwithstanding par.
(b), if the department readvertises for bids under this paragraph, it shall advertise in a manner likely to increase the number of bidders.
If the department determines that readvertising the contract for bids will adversely LRB-3025/1 - 2020 Legislature - 3 - EVM:kjf SECTION 2 ASSEMBLY BILL 285 affect public safety, the department may award the contract to the sole bidder if, upon request, the joint committee on finance approves the award.
SECTION 3.Initial applicability.
(1) This act first applies to a contract advertised for bids on the effective date of this subsection.
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Action History

  1. Failed to pass pursuant to Senate Joint Resolution 1

  2. Referred to committee on Rules

  3. Received from Senate amended and concurred in as amended (Senate amendment 1 adopted)

  4. Ordered immediately messaged

  5. Read a third time and concurred in as amended, Ayes 19, Noes 14

  6. Rules suspended

  7. Ordered to a third reading

  8. Senate Amendment 1 adopted

  9. Read a second time

  10. Senate Amendment 1 offered by Senator Craig

  11. Placed on calendar 10-8-2019 pursuant to Senate Rule 18(1)

  12. Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2

  13. Referred to committee on Senate Organization

  14. Read a second time

  15. Placed on calendar 6-26-2019 pursuant to Senate Rule 18(1)

  16. Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2

  17. Available for scheduling

  18. Read first time and referred to committee on Senate Organization

  19. Received from Assembly

  20. Ordered immediately messaged

  21. Read a third time and passed, Ayes 61, Noes 35

  22. Rules suspended

  23. Ordered to a third reading

  24. Assembly Amendment 5 adopted

  25. Assembly Amendment 1 to Assembly Amendment 5 adopted

  26. Assembly Amendment 2 adopted

  27. Read a second time

  28. Representative Edming added as a coauthor

  29. Assembly Amendment 1 to Assembly Amendment 5 offered by Representative Sanfelippo

  30. LRB correction (Assembly Amendment 5)

  31. Placed on calendar 6-20-2019 by Committee on Rules

  32. Referred to committee on Rules

  33. Report passage as amended recommended by Committee on Transportation, Ayes 8, Noes 5

  34. Report Assembly Amendment 5 adoption recommended by Committee on Transportation, Ayes 8, Noes 5

  35. Report Assembly Amendment 2 adoption recommended by Committee on Transportation, Ayes 7, Noes 6

  36. Executive action taken

  37. Assembly Amendment 5 offered by Representative Sanfelippo

  38. Assembly Amendment 4 offered by Representative Sanfelippo

  39. Assembly Amendment 3 offered by Representative Sanfelippo

  40. Fiscal estimate received

  41. LRB correction (Assembly Amendment 2)

  42. Assembly Amendment 2 offered by Representative Thiesfeldt

  43. Assembly Amendment 1 offered by Representative Spiros

  44. Representative Skowronski added as a coauthor

  45. Public hearing held

  46. Fiscal estimate received

  47. Read first time and referred to Committee on Transportation

  48. Introduced by Representatives Sanfelippo, Brandtjen, Dittrich, Gundrum, Hutton, Jagler, Knodl, Kuglitsch, Magnafici, Neylon, Ott, Quinn, Ramthun, Sortwell, Tusler, Wichgers and Plumer; cosponsored by Senators Craig, Jacque, Nass, Stroebel and Bernier

Sponsors

Sponsorship breakdown

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17 sponsors · 0 co-sponsors · 115 not signed on · 18 voted No

Sponsors (17)

Co-sponsors (0)

None.

Not signed on (115)

115 members have not signed on to this bill.

Show all 115 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

CONCURRENCE

Passed 19 Yea · 14 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10900
Republican 8000
Democrat 1500
Total 191400
% of votes cast 58%42%0%0%
How each member voted (33)
Member Party Vote
BERNIER — Yea
ROTH — Yea
COWLES — Yea
KOOYENGA — Yea
STROEBEL — Yea
CRAIG — Yea
DARLING — Yea
TIFFANY — Yea
OLSEN — Yea
PETROWSKI — Yea
BEWLEY — Nay
SHILLING — Nay
MILLER — Nay
ERPENBACH — Nay
RINGHAND — Nay
HANSEN — Nay
RISSER — Nay
JOHNSON — Nay
SCHACHTNER — Nay
Carpenter, Tim Democrat Nay
Fitzgerald, Joan Democrat Yea
Larson, Chris Democrat Nay
Smith, Jeff Democrat Nay
Taylor, Sequanna Democrat Nay
Wirch, Robert Democrat Nay
Feyen, Dan Republican Yea
Jacque, André Republican Yea
Kapenga, Chris Republican Yea
LeMahieu, Devin Republican Yea
Marklein, Howard Republican Yea
Nass, Steve Republican Yea
Testin, Patrick Republican Yea
Wanggaard, Van Republican Yea

Official roll call →

PASSAGE

Passed 61 Yea · 35 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 36000
Democrat 01400
Unaffiliated 252100
Total 613500
% of votes cast 64%36%0%0%
How each member voted (96)
Member Party Vote
BOWEN — Nay
BRANDTJEN — Yea
BROSTOFF — Nay
CABRERA — Nay
CONSIDINE — Nay
CROWLEY — Nay
EDMING — Yea
FIELDS — Nay
GOYKE — Nay
GRUSZYNSKI — Nay
HEBL — Nay
HINTZ — Nay
HORLACHER — Yea
KATSMA — Yea
KERKMAN — Yea
KOLSTE — Nay
KUGLITSCH — Yea
KULP — Yea
LOUDENBECK — Yea
MACCO — Yea
MAGNAFICI — Yea
MEYERS — Nay
MILROY — Nay
MYERS — Nay
NYGREN — Yea
OHNSTAD — Nay
OLDENBURG — Yea
OTT — Yea
PETRYK — Yea
PLUMER — Yea
POPE — Nay
RAMTHUN — Yea
RIEMER — Nay
ROHRKASTE — Yea
SANFELIPPO — Yea
SCHRAA — Yea
SHANKLAND — Nay
SKOWRONSKI — Yea
STEINEKE — Yea
STUCK — Nay
TAUCHEN — Yea
THIESFELDT — Yea
VORPAGEL — Yea
VRUWINK — Nay
ZAMARRIPA — Nay
SPEAKER — Yea
Anderson, Clinton Democrat Nay
Billings, Jill Democrat Nay
Doyle, Steve Democrat Nay
Emerson, Jodi Democrat Nay
Haywood, Kalan Democrat Nay
Hesselbein, Dianne Democrat Nay
McGuire, Tip Democrat Nay
Neubauer, Greta Democrat Nay
Sinicki, Christine Democrat Nay
Spreitzer, Mark Democrat Nay
Stubbs, Shelia Democrat Nay
Subeck, Lisa Democrat Nay
Taylor, Sequanna Democrat Nay
Vining, Robyn Democrat Nay
Allen, Scott Republican Yea
August, Tyler Republican Yea
Born, Mark Republican Yea
Brooks, Robert Republican Yea
Dittrich, Barbara Republican Yea
Duchow, Cindi Republican Yea
Felzkowski, Mary Republican Yea
Gundrum, Rick Republican Yea
Hutton, Rob Republican Yea
Jagler, John Republican Yea
James, Jesse Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
Petersen, Kevin Republican Yea
Pronschinske, Treig Republican Yea
Quinn, Romaine Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Stafsholt, Rob Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Yea

Official roll call →

Subjects

transportation
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Frequently asked questions

Who sponsors AB 285?
AB 285 is sponsored by Sanfelippo, Brandtjen, Hutton, Rob (Republican), Jagler, John (Republican), Knodl, Daniel (Republican), Kuglitsch, Magnafici, Neylon, Adam (Republican), Ott, Quinn, Romaine (Republican), Ramthun, Tusler, Ron (Republican), Wichgers, Chuck (Republican), Plumer, Sortwell, Shae (Republican), Gundrum, Rick (Republican), and Dittrich, Barbara (Republican).
What is the current status of AB 285?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 285?
Track AB 285 free on One Click Politics — get push/email alerts when it moves.

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