LRB-4726/1
EVM&MPG:amn
2023 - 2024 LEGISLATURE
November 15, 2023 - Introduced by Senators Jacque and Tomczyk, cosponsored by
Representatives Armstrong, Bodden, Behnke, Brandtjen, Dittrich and
O'Connor. Referred to Committee on Transportation and Local Government.
SB681,1,3
1An Act to renumber 66.0901 (6m); and
to create 20.935 and 66.0901 (6m) (ag)
2of the statutes;
relating to: public contracts with persons engaged in certain
3boycotts.
Analysis by the Legislative Reference Bureau
Under this bill, no state agency or local unit of government may enter into a
public contract with any person unless the contract contains a written verification
from the person that the person does not boycott others on the basis of participation
in covered activities or on the basis of others' relationships with persons
participating in covered activities and that the person will not, during the term of the
contract, boycott others on the basis of participation in covered activities or on the
basis of others' relationships with persons participating in covered activities. Under
the bill, “covered activities” are 1) production agriculture and 2) the exploration,
production, use, transport, sale, or manufacture of fossil fuel–based energy. The
prohibition does not apply to public contracts with those that employ fewer than 10
full-time employees or with nonprofit entities, to public contracts with an estimated
cost of less than $100,000, to public contracts for which compliance cannot be
obtained under commercially reasonable terms, or to the State of Wisconsin
Investment Board.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB681,1
1Section
1. 20.935 of the statutes is created to read:
SB681,2,2
220.935 Prohibited considerations in contracting. (1) In this section:
SB681,2,53
(a) “Boycott” means, without an ordinary business purpose, taking any action
4that is intended to penalize, inflict economic harm on, or limit commercial relations
5with another person.
SB681,2,66
(b) “Covered activities” means any of the following:
SB681,2,77
1. Production agriculture.
SB681,2,98
2. The exploration, production, use, transport, sale, or manufacture of fossil
9fuel–based energy.
SB681,2,16
10(2) No state agency may enter into a public contract with any person unless the
11contract contains a written verification from the person that the person does not
12boycott others on the basis of others' participation in covered activities or on the basis
13of others' relationships with persons participating in covered activities and that the
14person will not, during the term of the contract, boycott others on the basis of others'
15participation in covered activities or on the basis of others' relationships with
16persons participating in covered activities.
SB681,2,17
17(3) Subsection (2) does not apply to any of the following:
SB681,2,1918
(a) A public contract with a person that employs fewer than 10 full-time
19employees or with a nonprofit entity.
SB681,2,2020
(b) A public contract with an estimated cost of less than $100,000.
SB681,2,2421
(c) A public contract for goods or services that the state agency determines
22cannot be obtained in compliance with sub. (2) on commercially reasonable terms.
23A state agency that enters into a public contract under this paragraph shall
24document its determination and the reasons supporting its determination in writing.
SB681,3,2
1(d) The state of Wisconsin investment board or any assets under its
2management.
SB681,2
3Section
2. 66.0901 (6m) of the statutes is renumbered 66.0901 (6m) (am).
SB681,3
4Section
3. 66.0901 (6m) (ag) of the statutes is created to read:
SB681,3,55
66.0901
(6m) (ag) 1. In this paragraph:
SB681,3,86
a. “Boycott” means, without an ordinary business purpose, taking any action
7that is intended to penalize, inflict economic harm on, or limit commercial relations
8with another person.
SB681,3,109
b. “Covered activities” means production agriculture or the exploration,
10production, use, transport, sale, or manufacture of fossil fuel–based energy.
SB681,3,1711
2. A municipality may not enter into a public contract with any person unless
12the contract contains a written verification from the person that the person does not
13boycott others on the basis of others' participation in covered activities or on the basis
14of others' relationships with persons participating in covered activities and that the
15person will not, during the term of the contract, boycott others on the basis of others'
16participation in covered activities or on the basis of others' relationships with
17persons participating in covered activities.
SB681,3,1818
3. Subdivision 2. does not apply to any of the following:
SB681,3,2019
a. A public contract with a person that employs fewer than 10 full-time
20employees or with a nonprofit entity.
SB681,3,2121
b. A public contract with an estimated cost of less than $100,000.
SB681,3,2522
c. A public contract for goods or services that the municipality determines
23cannot be obtained in compliance with subd. 2. on commercially reasonable terms.
24A municipality that enters into a public contract under this subd. 3. c. shall document
25its determination and the reasons supporting its determination in writing.
SB681,4,2
1d. The state of Wisconsin investment board or any assets under its
2management.
