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LRB-1097/1
MES&MPG:amn
2017 - 2018 LEGISLATURE
May 4, 2017 - Introduced by Representatives Barca, Doyle, Mason, Ohnstad,
Crowley, Wachs, Anderson, Pope, C. Taylor, Shankland, Goyke, Kessler,
Kolste, Sinicki, Subeck, Zepnick, Riemer, Genrich, Berceau, Spreitzer and
Hesselbein, cosponsored by Senators Hansen, Ringhand, Carpenter, Wirch,
Shilling and C. Larson. Referred to Committee on Government
Accountability and Oversight.
AB297,1,4 1An Act to renumber and amend 16.754 (2); to amend 16.754 (3) (intro.) and
2(a) and 66.0901 (1m) (b); and to create 16.754 (2) (b) and 66.0901 (10) of the
3statutes; relating to: preference in state and local government contracts and
4procurement for materials manufactured in the United States.
Analysis by the Legislative Reference Bureau
Under this bill, with limited exceptions, the state must purchase materials that
are manufactured to the greatest extent in the United States, regardless of whether
all other factors are substantially equal. The bill also requires, with limited
exceptions, that a contract for a public works or public improvement project must
contain a provision requiring the contractor to use materials that are manufactured
in the United States. The bill also creates a similar provision for local governments.
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, if all other factors are
substantially equal, the purchasing agent to purchase materials that are mined,
produced, manufactured, fabricated, or assembled to the greatest extent 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

requirements that apply to such contracts. For example, if the value of the contract
is above a certain amount, or between certain amounts, certain local units of
government must publish a notice in the newspaper before it contracts for the work.
This bill adds another requirement to public contracts entered into by local units of
government. Under this bill, such a public contract must 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:
AB297,1 1Section 1. 16.754 (2) of the statutes is renumbered 16.754 (2) (a) and amended
2to read:
AB297,2,53 16.754 (2) (a) Notwithstanding s. 16.75 (1) (a) 2., (2), (2m) and (6), when all
4other factors are substantially equal
making purchases, the state shall purchase
5materials which that are manufactured to the greatest extent in the United States.
AB297,2 6Section 2. 16.754 (2) (b) of the statutes is created to read:
AB297,2,107 16.754 (2) (b) Each contract entered into by the state for the construction,
8repair, or modification of a public works or public improvement project shall contain
9a provision requiring the contractor to use materials that are manufactured in the
10United States in the performance of the contract.
AB297,3 11Section 3. 16.754 (3) (intro.) and (a) of the statutes are amended to read:
AB297,3,312 16.754 (3) Exemptions. (intro.) Subsection (2) (a) does not apply if the
13materials are purchased for the purpose of commercial resale or for the purpose of
14use in the production of goods for commercial sale. Subsection (2) does not apply to
15the purchase of stationery and printing materials. Subsection (2) does not apply if
16the department determines, under s. 16.75 (1) (a) 2., that the foreign nation or
17subdivision thereof in which the vendor is domiciled does not give preference to

1vendors domiciled in that nation or subdivision in making governmental purchases.
2 Subsection (2) does not apply if the department or other person having contracting
3authority in respect to the purchase determines that any of the following:
AB297,3,54 (a) The materials are not manufactured in the United States in sufficient or
5reasonably available quantities; or.
AB297,4 6Section 4. 66.0901 (1m) (b) of the statutes is amended to read:
AB297,3,107 66.0901 (1m) (b) Except when necessary to secure federal aid and except as
8provided in sub. (10)
, a political subdivision may not use a bidding method that gives
9preference based on the geographic location of the bidder or that uses criteria other
10than the lowest responsible bidder in awarding a contract.
AB297,5 11Section 5. 66.0901 (10) of the statutes is created to read:
AB297,3,1512 66.0901 (10) Materials manufactured in the United States. Each public
13contract entered into by a municipality shall contain a provision that the contractor
14will use materials that are manufactured in the United States in the performance
15of the contract.
AB297,6 16Section 6. Initial applicability.
AB297,3,1817 (1) This act first applies to contracts entered into in the fiscal year that begins
18in the year after this subsection takes effect.
AB297,3,1919 (End)
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