Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1114 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1114
5	5	February 23, 2024 - Introduced by Representatives SUBECK, MCGUIRE, BARE,
6	6	CONSIDINE, EMERSON, JOERS, MOORE OMOKUNDE, NEUBAUER, OHNSTAD,
7	7	PALMERI, RATCLIFF, SHANKLAND, SHELTON, SINICKI, STUBBS, VINING and
8	8	JACOBSON, cosponsored by Senators LARSON, CARPENTER, AGARD, SPREITZER
9	9	and SMITH. Referred to Committee on Government Accountability and
10	10	Oversight.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to renumber 16.754 (1) (a) and 16.754 (2); to amend 16.72 (2) (c), 16.754
13	13	(title), 16.754 (2) (title) and 16.754 (3) (intro.); and to create 16.754 (1) (am),
14	14	16.754 (2) (a), 16.754 (2m) and 66.0145 of the statutes; relating to: state
15	15	procurement of products and services from businesses located in this state and
16	16	setting a goal for local governments to purchase a certain percentage of
17	17	products and services from businesses located in this state.
18	18	Analysis by the Legislative Reference Bureau
19	19	This bill requires the Department of Administration and any agency making
20	20	purchases to attempt to ensure that at least 20 percent of the total amount expended
21	21	for procurement in each fiscal year is for products and services from
22	22	Wisconsin-based businesses and that, in any fiscal year, the percentage of the total
23	23	amount expended for products and services from Wisconsin-based businesses is not
24	24	lower than it was in the previous fiscal year. To measure compliance with this
25	25	requirement, the bill requires DOA to collect data from a person who bids for a
26	26	contract regarding the person's principal place of business and make the information
27	27	publicly available on its Internet site.
28	28	The bill also sets a goal that at least 20 percent of the aggregate value of the
29	29	annual purchases of products and services by a local governmental unit (which
30	30	includes cities, villages, towns, counties, and special purpose districts, which include
31	31	schools and technical college districts) will be from Wisconsin-based businesses. A
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39	39	ASSEMBLY BILL 1114
40	40	further goal is that, in any year, the percentage of the aggregate value of routine
41	41	purchases of products and services from Wisconsin-based businesses will not be
42	42	lower than it was in the previous year. The bill also requires a local governmental
43	43	unit to annually evaluate its performance in reaching these goals and make the
44	44	evaluation available to the public, but the local governmental unit's governing body
45	45	may vote to opt out of these requirements.
46	46	For further information see the state and local fiscal estimate, which will be
47	47	printed as an appendix to this bill.
48	48	The people of the state of Wisconsin, represented in senate and assembly, do
49	49	enact as follows:
50	50	SECTION 1. 16.72 (2) (c) of the statutes is amended to read:
51	51	16.72 (2) (c) To the extent possible, the department shall write specifications
52	52	so as to permit the purchase of materials manufactured in the United States, as
53	53	defined in s. 16.754 (1) (b), or the purchase of local products or services, as defined
54	54	in s. 66.0145 (1) (b).
55	55	SECTION 2. 16.754 (title) of the statutes is amended to read:
56	56	16.754 (title) Preference for local products and services and
57	57	American-made materials.
58	58	SECTION 3. 16.754 (1) (a) of the statutes is renumbered 16.754 (1) (ar).
59	59	SECTION 4. 16.754 (1) (am) of the statutes is created to read:
60	60	16.754 (1) (am) “Local product or service" has the meaning given in s. 66.0145
61	61	(1) (b).
62	62	SECTION 5. 16.754 (2) (title) of the statutes is amended to read:
63	63	16.754 (2) (title) PURCHASE PREFERENCE PREFERENCES .
64	64	SECTION 6. 16.754 (2) of the statutes is renumbered 16.754 (2) (b).
65	65	SECTION 7. 16.754 (2) (a) of the statutes is created to read:
66	66	16.754 (2) (a) The department, a designated purchasing agent under s. 16.71
67	67	(1), and each agency making purchases under s. 16.74 shall attempt to ensure that
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88	88	SECTION 7
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90	90	at least 20 percent of the total amount expended under this subchapter in each fiscal
91	91	year is for local products or services and that the percentage of the total amount
92	92	expended in any fiscal year for local products or services is not lower than the
93	93	percentage of the total amount expended in the previous fiscal year for local products
94	94	or services.
95	95	SECTION 8. 16.754 (2m) of the statutes is created to read:
96	96	16.754 (2m) DATA. For purposes of measuring compliance with sub. (2) (a), the
97	97	department shall collect from a person who responds to a proposal or submits a bid
98	98	for a contract information regarding the person's principal place of business. The
99	99	department shall make available to the public on its Internet site the data it collects
100	100	under this subsection as well as an annual evaluation of how well the department,
101	101	its designated purchasing agents under s. 16.71 (1), and any agency making
102	102	purchases under s. 16.74 are meeting the goals under sub. (2) (a).
103	103	SECTION 9. 16.754 (3) (intro.) of the statutes is amended to read:
104	104	16.754 (3) EXEMPTIONS. (intro.) Subsection (2) (b) does not apply if the
105	105	materials are purchased for the purpose of commercial resale or for the purpose of
106	106	use in the production of goods for commercial sale. Subsection (2) does not apply to
107	107	the purchase of stationery and printing materials. Subsection (2) (b) does not apply
108	108	if the department determines, under s. 16.75 (1) (a) 2., that the foreign nation or
109	109	subdivision thereof in which the vendor is domiciled does not give preference to
110	110	vendors domiciled in that nation or subdivision in making governmental purchases.
111	111	Subsection (2) (b) does not apply if the department or other person having
112	112	contracting authority in respect to the purchase determines that:
113	113	SECTION 10. 66.0145 of the statutes is created to read:
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139	139	SECTION 10 ASSEMBLY BILL 1114
140	140	66.0145 Purchases of Wisconsin goods and services. (1) DEFINITIONS. In
141	141	this section:
142	142	(a) “Local governmental unit" has the meaning given in s. 66.0135 (1) (c).
143	143	(b) “Local product or service" means a product or service that is purchased from
144	144	a person whose principal place of business is located in this state.
145	145	(2) PURCHASING GOALS. (a) It shall be a goal of a local governmental unit that,
146	146	in each fiscal year, at least 20 percent of the aggregate value of purchases of products
147	147	and services by that local governmental unit will be local products or services, and
148	148	it shall be a further goal of the local governmental unit that the percentage of the
149	149	aggregate value of routine purchases of products and services in any fiscal year that
150	150	are local products and services will not be lower than the aggregate value of such
151	151	routine purchases in the previous fiscal year.
152	152	(b) A local governmental unit shall evaluate its performance in reaching the
153	153	goals specified in par. (a) and shall annually make this evaluation available to the
154	154	public, except that these requirements do not apply to any local governmental unit
155	155	whose governing body enacts an ordinance, adopts a resolution, or takes another
156	156	official action stating that it chooses not to conduct an evaluation of its performance
157	157	in reaching the goals.
158	158	SECTION 11.0Initial applicability.
159	159	(1) The treatment of s. 66.0145 and the creation of s. 16.754 (2) (a) first apply
160	160	to purchases made in the fiscal year that begins after this subsection takes effect.
161	161	(2) The treatment of s. 16.754 (2m) first applies to responses made and bids
162	162	submitted in the fiscal year that begins after this subsection takes effect.
163	163	(END)
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