Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB719 Compare Versions

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

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1	1	LRB-1747/1
2	2	EVM&MPG:amn
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 719
5	5	November 27, 2023 - Introduced by Representatives ARMSTRONG, BEHNKE, BODDEN,
6	6	BRANDTJEN, DITTRICH and O'CONNOR, cosponsored by Senators JACQUE and
7	7	TOMCZYK. Referred to Committee on State Affairs.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to renumber 66.0901 (6m); and to create 20.935 and 66.0901 (6m) (ag)
10	10	of the statutes; relating to: public contracts with persons engaged in certain
11	11	boycotts.
12	12	Analysis by the Legislative Reference Bureau
13	13	Under this bill, no state agency or local unit of government may enter into a
14	14	public contract with any person unless the contract contains a written verification
15	15	from the person that the person does not boycott others on the basis of participation
16	16	in covered activities or on the basis of others' relationships with persons
17	17	participating in covered activities and that the person will not, during the term of the
18	18	contract, boycott others on the basis of participation in covered activities or on the
19	19	basis of others' relationships with persons participating in covered activities. Under
20	20	the bill, “covered activities” are 1) production agriculture and 2) the exploration,
21	21	production, use, transport, sale, or manufacture of fossil fuel–based energy. The
22	22	prohibition does not apply to public contracts with those that employ fewer than 10
23	23	full-time employees or with nonprofit entities, to public contracts with an estimated
24	24	cost of less than $100,000, to public contracts for which compliance cannot be
25	25	obtained under commercially reasonable terms, or to the State of Wisconsin
26	26	Investment Board.
27	27	The people of the state of Wisconsin, represented in senate and assembly, do
28	28	enact as follows:
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32	32	EVM&MPG:amn
33	33	SECTION 1 ASSEMBLY BILL 719
34	34	SECTION 1. 20.935 of the statutes is created to read:
35	35	20.935 Prohibited considerations in contracting. (1) In this section:
36	36	(a) “Boycott” means, without an ordinary business purpose, taking any action
37	37	that is intended to penalize, inflict economic harm on, or limit commercial relations
38	38	with another person.
39	39	(b) “Covered activities” means any of the following:
40	40	1. Production agriculture.
41	41	2. The exploration, production, use, transport, sale, or manufacture of fossil
42	42	fuel–based energy.
43	43	(2) No state agency may enter into a public contract with any person unless the
44	44	contract contains a written verification from the person that the person does not
45	45	boycott others on the basis of others' participation in covered activities or on the basis
46	46	of others' relationships with persons participating in covered activities and that the
47	47	person will not, during the term of the contract, boycott others on the basis of others'
48	48	participation in covered activities or on the basis of others' relationships with
49	49	persons participating in covered activities.
50	50	(3) Subsection (2) does not apply to any of the following:
51	51	(a) A public contract with a person that employs fewer than 10 full-time
52	52	employees or with a nonprofit entity.
53	53	(b) A public contract with an estimated cost of less than $100,000.
54	54	(c) A public contract for goods or services that the state agency determines
55	55	cannot be obtained in compliance with sub. (2) on commercially reasonable terms.
56	56	A state agency that enters into a public contract under this paragraph shall
57	57	document its determination and the reasons supporting its determination in writing.
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82	82	LRB-1747/1
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84	84	SECTION 1
85	85	ASSEMBLY BILL 719
86	86	(d) The state of Wisconsin investment board or any assets under its
87	87	management.
88	88	SECTION 2. 66.0901 (6m) of the statutes is renumbered 66.0901 (6m) (am).
89	89	SECTION 3. 66.0901 (6m) (ag) of the statutes is created to read:
90	90	66.0901 (6m) (ag) 1. In this paragraph:
91	91	a. “Boycott” means, without an ordinary business purpose, taking any action
92	92	that is intended to penalize, inflict economic harm on, or limit commercial relations
93	93	with another person.
94	94	b. “Covered activities” means production agriculture or the exploration,
95	95	production, use, transport, sale, or manufacture of fossil fuel–based energy.
96	96	2. A municipality may not enter into a public contract with any person unless
97	97	the contract contains a written verification from the person that the person does not
98	98	boycott others on the basis of others' participation in covered activities or on the basis
99	99	of others' relationships with persons participating in covered activities and that the
100	100	person will not, during the term of the contract, boycott others on the basis of others'
101	101	participation in covered activities or on the basis of others' relationships with
102	102	persons participating in covered activities.
103	103	3. Subdivision 2. does not apply to any of the following:
104	104	a. A public contract with a person that employs fewer than 10 full-time
105	105	employees or with a nonprofit entity.
106	106	b. A public contract with an estimated cost of less than $100,000.
107	107	c. A public contract for goods or services that the municipality determines
108	108	cannot be obtained in compliance with subd. 2. on commercially reasonable terms.
109	109	A municipality that enters into a public contract under this subd. 3. c. shall document
110	110	its determination and the reasons supporting its determination in writing.
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137	137	SECTION 3 ASSEMBLY BILL 719
138	138	d. The state of Wisconsin investment board or any assets under its
139	139	management.
140	140	(END)
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