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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1145
March 6, 2024 - Introduced by Representatives MCGUIRE, DOYLE, SNODGRASS, BARE,
CONSIDINE, EMERSON, JACOBSON, JOERS, NEUBAUER, OHNSTAD, RATCLIFF,
SHANKLAND, SHELTON, SINICKI, SUBECK and VINING, cosponsored by Senators
PFAFF, WIRCH, AGARD, CARPENTER, L. JOHNSON, LARSON, ROYS, SMITH and
SPREITZER. Referred to Committee on Government Accountability and
Oversight.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber and amend 16.754 (2); to amend 16.754 (3) (intro.) and
(a) and 66.0901 (1m) (b); and to create 16.754 (2) (b) and 66.0901 (10) of the
statutes; relating to: preference in state and local government contracts and
procurement for materials manufactured in the United States.
Analysis by the Legislative Reference Bureau
Current law generally authorizes the Department of Administration to
purchase, or delegate the authority to purchase, all necessary materials and
contractual services for all state agencies. With some exceptions, orders or contracts
must be awarded to the lowest bidder. One such exception requires the purchasing
agent, if all other factors are substantially equal, to purchase materials that are
mined, produced, manufactured, fabricated, or assembled to the greatest extent in
the United States.
Under this bill, with limited exceptions, the state must purchase materials that
are manufactured in the United States to the greatest extent, regardless of whether
all other factors are substantially equal. The bill also requires, with limited
exceptions, that a state contract for a public works or public improvement project
contain a provision requiring the contractor to use materials that are manufactured
in the United States.
Generally, under current law, if a city, village, town, county, school district,
sewer district, technical college district, or other local unit of government wishes to
let a public contract involving the construction or repair of any public work or
building, or the furnishing of supplies or materials, there are a number of bidding
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ASSEMBLY BILL 1145
requirements that apply. Under the bill, these public contracts must also contain a
provision that the contractor will use materials that are manufactured in the United
States in the performance of the contract.
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:
SECTION 1. 16.754 (2) of the statutes is renumbered 16.754 (2) (a) and amended
to read:
16.754 (2) (a) Notwithstanding s. 16.75 (1) (a) 2., (2), (2m), and (6), when all
other factors are substantially equal making purchases, the state shall purchase
materials which that are manufactured in the United States to the greatest extent
in the United States, unless prohibited by federal law or a treaty or other
international agreement.
SECTION 2. 16.754 (2) (b) of the statutes is created to read:
16.754 (2) (b) Each contract entered into by the state for the construction,
repair, or modification of a public works or public improvement project shall contain
a provision requiring the contractor to use materials that are manufactured in the
United States in the performance of the contract, unless prohibited by federal law
or a treaty or other international agreement.
SECTION 3. 16.754 (3) (intro.) and (a) of the statutes are amended to read:
16.754 (3) EXEMPTIONS. (intro.) Subsection (2) (a) does not apply if the
materials are purchased for the purpose of commercial resale or for the purpose of
use in the production of goods for commercial sale. Subsection (2) (a) does not apply
to the purchase of stationery and printing materials. Subsection (2) does not apply
if the department determines, under s. 16.75 (1) (a) 2., that the foreign nation or
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subdivision thereof in which the vendor is domiciled does not give preference to
vendors domiciled in that nation or subdivision in making governmental purchases.
Subsection (2) (a) does not apply if the department or other person having
contracting authority in respect to the purchase determines that any of the following:
(a) The materials are not manufactured in the United States in sufficient or
reasonably available quantities; or.
SECTION 4. 66.0901 (1m) (b) of the statutes is amended to read:
66.0901 (1m) (b) Except when necessary to secure federal aid and except as
provided in sub. (10), a political subdivision may not use a bidding method that gives
preference based on the geographic location of the bidder or that uses criteria other
than the lowest responsible bidder in awarding a contract.
SECTION 5. 66.0901 (10) of the statutes is created to read:
66.0901 (10) MATERIALS MANUFACTURED IN THE UNITED STATES. Each public
contract entered into by a municipality shall contain a provision that the contractor
will use materials that are manufactured in the United States, as defined in s. 16.754
(1) (b), in the performance of the contract, unless prohibited by federal law or a treaty
or other international agreement.
(END)
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