2015 - 2016 LEGISLATURE
SENATE AMENDMENT 28,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 21
July 7, 2015 - Offered by Senators
Hansen, Lassa, Carpenter, Wirch, Ringhand,
Bewley, Vinehout, Miller, Shilling, C. Larson and Harris Dodd.
16.754 (2) of the statutes is renumbered 16.754 (2) (a) and amended 4
(a) Notwithstanding s. 16.75 (1) (a) 2., (2), (2m) and (6), when all
6other factors are substantially equal making purchases,
the state shall purchase 7
materials which are manufactured to the greatest extent in the United States.
(b) Any contract entered into by the state for the construction, repair, 10
or modification of a public works or public improvement project must contain a 11
provision that the contractor will use materials that are manufactured in the United 12
States in the performance of the contract.
16.754 (3) (intro.) and (a) of the statutes are amended to read:
16.754 (3) Exemptions.
(intro.) Subsection (2) (a)
does not apply if the 3
materials are purchased for the purpose of commercial resale or for the purpose of 4
use in the production of goods for commercial sale. Subsection (2) does not apply to 5
the purchase of stationery and printing materials. Subsection (2) does not apply if
6the department determines, under s. 16.75 (1) (a) 2., that the foreign nation or
7subdivision thereof in which the vendor is domiciled does not give preference to
8vendors domiciled in that nation or subdivision in making governmental purchases. 9
Subsection (2) does not apply if the department or other person having contracting 10
authority in respect to the purchase determines that
any of the following
(a) The materials are not manufactured in the United States in sufficient or 12
reasonably available quantities; or.
66.0901 (1m) (b) of the statutes is amended to read:
(b) Except when necessary to secure federal aid and except as
15provided in sub. (10)
, a political subdivision may not use a bidding method that gives 16
preference based on the geographic location of the bidder or that uses criteria other 17
than the lowest responsible bidder in awarding a contract.
66.0901 (10) Materials manufactured in the United States.
Any public 20
contract entered into by a municipality must contain a provision that the contractor 21
will use materials that are manufactured in the United States in the performance 22
of the contract.
(1) Materials manufactured in the United States.
The treatment of sections 25
16.754 (3) (intro.) and (a) and 66.0901 (1m) (b) and (10) of the statutes, the
renumbering and amendment of section 16.754 (2) of the statutes, and the creation 2
of section 16.754 (2) (b) of the statutes first apply to contracts entered into in the fiscal 3
year that begins in the year after this subsection takes effect.".