Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1145 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 1145
5	5	March 6, 2024 - Introduced by Representatives MCGUIRE, DOYLE, SNODGRASS, BARE,
6	6	CONSIDINE, EMERSON, JACOBSON, JOERS, NEUBAUER, OHNSTAD, RATCLIFF,
7	7	SHANKLAND, SHELTON, SINICKI, SUBECK and VINING, cosponsored by Senators
8	8	PFAFF, WIRCH, AGARD, CARPENTER, L. JOHNSON, LARSON, ROYS, SMITH and
9	9	SPREITZER. Referred to Committee on Government Accountability and
10	10	Oversight.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to renumber and amend 16.754 (2); to amend 16.754 (3) (intro.) and
13	13	(a) and 66.0901 (1m) (b); and to create 16.754 (2) (b) and 66.0901 (10) of the
14	14	statutes; relating to: preference in state and local government contracts and
15	15	procurement for materials manufactured in the United States.
16	16	Analysis by the Legislative Reference Bureau
17	17	Current law generally authorizes the Department of Administration to
18	18	purchase, or delegate the authority to purchase, all necessary materials and
19	19	contractual services for all state agencies. With some exceptions, orders or contracts
20	20	must be awarded to the lowest bidder. One such exception requires the purchasing
21	21	agent, if all other factors are substantially equal, to purchase materials that are
22	22	mined, produced, manufactured, fabricated, or assembled to the greatest extent in
23	23	the United States.
24	24	Under this bill, with limited exceptions, the state must purchase materials that
25	25	are manufactured in the United States to the greatest extent, regardless of whether
26	26	all other factors are substantially equal. The bill also requires, with limited
27	27	exceptions, that a state contract for a public works or public improvement project
28	28	contain a provision requiring the contractor to use materials that are manufactured
29	29	in the United States.
30	30	Generally, under current law, if a city, village, town, county, school district,
31	31	sewer district, technical college district, or other local unit of government wishes to
32	32	let a public contract involving the construction or repair of any public work or
33	33	building, or the furnishing of supplies or materials, there are a number of bidding
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37	37	4 - 2 -2023 - 2024 Legislature LRB-5501/1
38	38	MPG&EVM:emw
39	39	ASSEMBLY BILL 1145
40	40	requirements that apply. Under the bill, these public contracts must also contain a
41	41	provision that the contractor will use materials that are manufactured in the United
42	42	States in the performance of the contract.
43	43	For further information see the state and local fiscal estimate, which will be
44	44	printed as an appendix to this bill.
45	45	The people of the state of Wisconsin, represented in senate and assembly, do
46	46	enact as follows:
47	47	SECTION 1. 16.754 (2) of the statutes is renumbered 16.754 (2) (a) and amended
48	48	to read:
49	49	16.754 (2) (a) Notwithstanding s. 16.75 (1) (a) 2., (2), (2m), and (6), when all
50	50	other factors are substantially equal making purchases, the state shall purchase
51	51	materials which that are manufactured in the United States to the greatest extent
52	52	in the United States, unless prohibited by federal law or a treaty or other
53	53	international agreement.
54	54	SECTION 2. 16.754 (2) (b) of the statutes is created to read:
55	55	16.754 (2) (b) Each contract entered into by the state for the construction,
56	56	repair, or modification of a public works or public improvement project shall contain
57	57	a provision requiring the contractor to use materials that are manufactured in the
58	58	United States in the performance of the contract, unless prohibited by federal law
59	59	or a treaty or other international agreement.
60	60	SECTION 3. 16.754 (3) (intro.) and (a) of the statutes are amended to read:
61	61	16.754 (3) EXEMPTIONS. (intro.) Subsection (2) (a) does not apply if the
62	62	materials are purchased for the purpose of commercial resale or for the purpose of
63	63	use in the production of goods for commercial sale. Subsection (2) (a) does not apply
64	64	to the purchase of stationery and printing materials. Subsection (2) does not apply
65	65	if the department determines, under s. 16.75 (1) (a) 2., that the foreign nation or
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85	85	LRB-5501/1
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87	87	SECTION 3
88	88	ASSEMBLY BILL 1145
89	89	subdivision thereof in which the vendor is domiciled does not give preference to
90	90	vendors domiciled in that nation or subdivision in making governmental purchases.
91	91	Subsection (2) (a) does not apply if the department or other person having
92	92	contracting authority in respect to the purchase determines that any of the following:
93	93	(a) The materials are not manufactured in the United States in sufficient or
94	94	reasonably available quantities; or.
95	95	SECTION 4. 66.0901 (1m) (b) of the statutes is amended to read:
96	96	66.0901 (1m) (b) Except when necessary to secure federal aid and except as
97	97	provided in sub. (10), a political subdivision may not use a bidding method that gives
98	98	preference based on the geographic location of the bidder or that uses criteria other
99	99	than the lowest responsible bidder in awarding a contract.
100	100	SECTION 5. 66.0901 (10) of the statutes is created to read:
101	101	66.0901 (10) MATERIALS MANUFACTURED IN THE UNITED STATES. Each public
102	102	contract entered into by a municipality shall contain a provision that the contractor
103	103	will use materials that are manufactured in the United States, as defined in s. 16.754
104	104	(1) (b), in the performance of the contract, unless prohibited by federal law or a treaty
105	105	or other international agreement.
106	106	(END)
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