Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB1012 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 SENATE BILL 1012
5	5	February 8, 2024 - Introduced by Senators LARSON, CARPENTER, AGARD, SPREITZER
6	6	and SMITH, cosponsored by Representatives SUBECK, MCGUIRE, BARE,
7	7	CONSIDINE, EMERSON, JOERS, MOORE OMOKUNDE, NEUBAUER, OHNSTAD,
8	8	PALMERI, RATCLIFF, SHANKLAND, SHELTON, STUBBS, VINING and JACOBSON.
9	9	Referred to Committee on Government Operations.
10	10	AN ACT to renumber 16.754 (1) (a) and 16.754 (2); to amend 16.72 (2) (c), 16.754
11	11	(title), 16.754 (2) (title) and 16.754 (3) (intro.); and to create 16.754 (1) (am),
12	12	16.754 (2) (a), 16.754 (2m) and 66.0145 of the statutes; relating to: state
13	13	procurement of products and services from businesses located in this state and
14	14	setting a goal for local governments to purchase a certain percentage of
15	15	products and services from businesses located in this state.
16	16	Analysis by the Legislative Reference Bureau
17	17	This bill requires the Department of Administration and any agency making
18	18	purchases to attempt to ensure that at least 20 percent of the total amount expended
19	19	for procurement in each fiscal year is for products and services from
20	20	Wisconsin-based businesses and that, in any fiscal year, the percentage of the total
21	21	amount expended for products and services from Wisconsin-based businesses is not
22	22	lower than it was in the previous fiscal year. To measure compliance with this
23	23	requirement, the bill requires DOA to collect data from a person who bids for a
24	24	contract regarding the person's principal place of business and make the information
25	25	publicly available on its Internet site.
26	26	The bill also sets a goal that at least 20 percent of the aggregate value of the
27	27	annual purchases of products and services by a local governmental unit (which
28	28	includes cities, villages, towns, counties, and special purpose districts, which include
29	29	schools and technical college districts) will be from Wisconsin-based businesses. A
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37	37	SENATE BILL 1012
38	38	further goal is that, in any year, the percentage of the aggregate value of routine
39	39	purchases of products and services from Wisconsin-based businesses will not be
40	40	lower than it was in the previous year. The bill also requires a local governmental
41	41	unit to annually evaluate its performance in reaching these goals and make the
42	42	evaluation available to the public, but the local governmental unit's governing body
43	43	may vote to opt out of these requirements.
44	44	For further information see the state and local fiscal estimate, which will be
45	45	printed as an appendix to this bill.
46	46	The people of the state of Wisconsin, represented in senate and assembly, do
47	47	enact as follows:
48	48	SECTION 1. 16.72 (2) (c) of the statutes is amended to read:
49	49	16.72 (2) (c) To the extent possible, the department shall write specifications
50	50	so as to permit the purchase of materials manufactured in the United States, as
51	51	defined in s. 16.754 (1) (b), or the purchase of local products or services, as defined
52	52	in s. 66.0145 (1) (b).
53	53	SECTION 2. 16.754 (title) of the statutes is amended to read:
54	54	16.754 (title) Preference for local products and services and
55	55	American-made materials.
56	56	SECTION 3. 16.754 (1) (a) of the statutes is renumbered 16.754 (1) (ar).
57	57	SECTION 4. 16.754 (1) (am) of the statutes is created to read:
58	58	16.754 (1) (am) “Local product or service" has the meaning given in s. 66.0145
59	59	(1) (b).
60	60	SECTION 5. 16.754 (2) (title) of the statutes is amended to read:
61	61	16.754 (2) (title) PURCHASE PREFERENCE PREFERENCES .
62	62	SECTION 6. 16.754 (2) of the statutes is renumbered 16.754 (2) (b).
63	63	SECTION 7. 16.754 (2) (a) of the statutes is created to read:
64	64	16.754 (2) (a) The department, a designated purchasing agent under s. 16.71
65	65	(1), and each agency making purchases under s. 16.74 shall attempt to ensure that
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86	86	SECTION 7
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88	88	at least 20 percent of the total amount expended under this subchapter in each fiscal
89	89	year is for local products or services and that the percentage of the total amount
90	90	expended in any fiscal year for local products or services is not lower than the
91	91	percentage of the total amount expended in the previous fiscal year for local products
92	92	or services.
93	93	SECTION 8. 16.754 (2m) of the statutes is created to read:
94	94	16.754 (2m) DATA. For purposes of measuring compliance with sub. (2) (a), the
95	95	department shall collect from a person who responds to a proposal or submits a bid
96	96	for a contract information regarding the person's principal place of business. The
97	97	department shall make available to the public on its Internet site the data it collects
98	98	under this subsection as well as an annual evaluation of how well the department,
99	99	its designated purchasing agents under s. 16.71 (1), and any agency making
100	100	purchases under s. 16.74 are meeting the goals under sub. (2) (a).
101	101	SECTION 9. 16.754 (3) (intro.) of the statutes is amended to read:
102	102	16.754 (3) EXEMPTIONS. (intro.) Subsection (2) (b) does not apply if the
103	103	materials are purchased for the purpose of commercial resale or for the purpose of
104	104	use in the production of goods for commercial sale. Subsection (2) does not apply to
105	105	the purchase of stationery and printing materials. Subsection (2) (b) does not apply
106	106	if the department determines, under s. 16.75 (1) (a) 2., that the foreign nation or
107	107	subdivision thereof in which the vendor is domiciled does not give preference to
108	108	vendors domiciled in that nation or subdivision in making governmental purchases.
109	109	Subsection (2) (b) does not apply if the department or other person having
110	110	contracting authority in respect to the purchase determines that:
111	111	SECTION 10. 66.0145 of the statutes is created to read:
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137	137	SECTION 10 SENATE BILL 1012
138	138	66.0145 Purchases of Wisconsin goods and services. (1) DEFINITIONS. In
139	139	this section:
140	140	(a) “Local governmental unit" has the meaning given in s. 66.0135 (1) (c).
141	141	(b) “Local product or service" means a product or service that is purchased from
142	142	a person whose principal place of business is located in this state.
143	143	(2) PURCHASING GOALS. (a) It shall be a goal of a local governmental unit that,
144	144	in each fiscal year, at least 20 percent of the aggregate value of purchases of products
145	145	and services by that local governmental unit will be local products or services, and
146	146	it shall be a further goal of the local governmental unit that the percentage of the
147	147	aggregate value of routine purchases of products and services in any fiscal year that
148	148	are local products and services will not be lower than the aggregate value of such
149	149	routine purchases in the previous fiscal year.
150	150	(b) A local governmental unit shall evaluate its performance in reaching the
151	151	goals specified in par. (a) and shall annually make this evaluation available to the
152	152	public, except that these requirements do not apply to any local governmental unit
153	153	whose governing body enacts an ordinance, adopts a resolution, or takes another
154	154	official action stating that it chooses not to conduct an evaluation of its performance
155	155	in reaching the goals.
156	156	SECTION 11.0Initial applicability.
157	157	(1) The treatment of s. 66.0145 and the creation of s. 16.754 (2) (a) first apply
158	158	to purchases made in the fiscal year that begins after this subsection takes effect.
159	159	(2) The treatment of s. 16.754 (2m) first applies to responses made and bids
160	160	submitted in the fiscal year that begins after this subsection takes effect.
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