WisconsinSB4612025-2026 Wisconsin Legislature (Biennial Session)SenateWALLET

An Act to repeal 84.01 (33) (bm), 84.062 (1) (b), 84.062 (1) (c), 84.062 (1) (d), 84.062 (1) (dm), 84.062 (1) (h), (i), (j) and (k), 84.062 (1) (n), (o) and (q), 84.062 (2) (b), 84.062 (2) (d) and (e), 84.062 (3) (d), 84.062 (5) to (9) and 84.062 (13) and (14); to renumber and amend 84.062 (1) (a); to amend 84.013 (2m), 84.0145 (4), 84.062 (1) (L), 84.062 (1) (m), 84.062 (2) (a), 84.062 (3) (a) (intro.), 84.062 (3) (a) 2., 84.062 (3) (a) 3., 84.062 (3) (a) 4., 84.062 (3) (b), 84.062 (10) (a), 84.062 (10) (b), 84.062 (11) (a) (intro.), 84.062 (11) (a) 1., 84.062 (11) (a) 2., 84.062 (11) (a) 3., 84.062 (11) (b) and 84.062 (11) (c); to repeal and recreate 84.062 (2) (title) and 84.062 (4); to create 84.062 (1) (ae), 84.062 (1) (bm), 84.062 (1) (er), 84.062 (1) (Lm), 84.062 (1) (mn), 84.062 (2) (c), 84.062 (3) (cm), 84.062 (3) (e), 84.062 (11) (d), 84.062 (11) (e), 84.062 (11) (f) and 84.062 (15) of the statutes; Relating to: alternative delivery of projects contracted by the Department of Transportation. (FE)

Sponsored By: Dan Feyen (Republican), Sarah Keyeski (Democratic), Howard Marklein (Republican), Melissa Ratcliff (Democratic), Mark Spreitzer (Democratic), Patrick Testin (Republican)

Became Law

Sen Bill 461Road -- Construction and repairTransportationDepartment of -- Roads

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 1 benefits, 0 costs, 5 mixed.

New DOT bidding rules and payments

For design-build jobs, every qualified bidder gets at least 0.3% of the DOT’s estimated design and construction cost. DOT pays the fee within 90 days after key steps, like a notice of intent to award or contract signing. If DOT pays the fee, it may use work from losing bids; if a bidder waives the fee, DOT cannot use that bidder’s work. Bidding mainly uses a two‑phase process under federal rules; single‑phase is allowed only when DOT finds two‑phase not suitable. A five‑member review committee with conflict‑of‑interest limits runs closed meetings, and records stay confidential until DOT names the winner. Only pre‑approved alternative technical concepts are allowed, and DOT may award a contract only if it receives at least two proposals.

Allowed and banned DOT delivery methods

The law defines what counts as an alternative project delivery method that can receive federal funds. It also defines the construction manager–general contractor and progressive design‑build methods. But DOT may not award contracts under this section using CM‑GC or progressive design‑build. Firms must bid using the methods that remain allowed under these rules.

Old DOT design-build rules repealed

The law removes many older provisions that governed design‑build and alternative delivery. It repeals multiple definitions, subsections, and requirements from the prior framework. This cleans up and reshapes how DOT can structure future procurements. Contractors should review new rules and expect updated terms and processes.

Indexed cap on alternative delivery spending

DOT can set aside up to $300 million each two‑year budget for alternative delivery projects. Payments on joint interstate projects do not count toward this cap, and unused amounts do not carry forward. Starting in 2026, DOT updates the $300 million amount each year for construction cost changes and cannot lower it. Each October 1, DOT also adjusts certain other highway dollar amounts using its Construction Cost Index.

Pilot allows six design-build awards

DOT can run a small pilot for design‑build projects using alternative delivery. It may award up to six contracts under this pilot. This creates a limited new chance for qualified firms to win work.

Contractor liability and design service rules

Design‑build contractors remain responsible for third‑party claims and for damage to state or local property. The law also says design work by architects and engineers in these contracts is a service, not a product. This sets clear expectations for liability and contract terms.

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Sponsors & Cosponsors

Sponsors

  • Dan Feyen

    Republican • Senate

  • Sarah Keyeski

    Democratic • Senate

  • Howard Marklein

    Republican • Senate

  • Melissa Ratcliff

    Democratic • Senate

  • Mark Spreitzer

    Democratic • Senate

  • Patrick Testin

    Republican • Senate

Cosponsors

  • Alex Dallman

    Republican • House

  • Barbara Dittrich

    Republican • House

  • Russell Goodwin

    Democratic • House

  • Jenna Jacobson

    Democratic • House

  • Dean Kaufert

    Republican • House

  • Daniel Knodl

    Republican • House

  • Dave Maxey

    Republican • House

  • Clint Moses

    Republican • House

  • David Murphy

    Republican • House

  • Jerry O'Connor

    Republican • House

  • Sylvia Ortiz-Velez

    Democratic • House

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. Published 3-21-2026

    3/20/2026Senate
  2. Report approved by the Governor on 3-20-2026. 2025 Wisconsin Act 104

    3/20/2026Senate
  3. Presented to the Governor on 3-18-2026

    3/18/2026Senate
  4. Representative J. Jacobson added as a cosponsor

    2/9/2026Senate
  5. Report correctly enrolled

    1/16/2026Senate
  6. LRB correction

    1/16/2026Senate
  7. Received from Assembly concurred in

    1/14/2026Senate
  8. Ordered immediately messaged

    1/13/2026House
  9. Read a third time and concurred in

    1/13/2026House
  10. Rules suspended

    1/13/2026House
  11. Ordered to a third reading

    1/13/2026House
  12. Read a second time

    1/13/2026House
  13. Rules suspended to withdraw from calendar and take up

    1/13/2026House
  14. Placed on calendar 1-13-2026 by Committee on Rules

    1/8/2026House
  15. Read first time and referred to committee on Rules

    1/7/2026House
  16. Received from Senate

    11/19/2025House
  17. Ordered immediately messaged

    11/18/2025Senate
  18. Read a third time and passed

    11/18/2025Senate
  19. Rules suspended to give bill its third reading

    11/18/2025Senate
  20. Ordered to a third reading

    11/18/2025Senate
  21. Senate Amendment 1 adopted

    11/18/2025Senate
  22. Read a second time

    11/18/2025Senate
  23. Placed on calendar 11-18-2025 pursuant to Senate Rule 18(1)

    11/14/2025Senate
  24. Fiscal estimate received

    11/10/2025Senate
  25. Available for scheduling

    11/10/2025Senate

Bill Text

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