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LRBs0349/1
MPG:emw&cjs
2023 - 2024 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 688
February 20, 2024 - Offered by Representative McGuire.
SB688-ASA1,1,4 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
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 the purchasing
agent, if all other factors are substantially equal, to purchase materials that are
mined, produced, manufactured, fabricated, or assembled to the greatest extent in
the United States.
Under this bill, with limited exceptions, the state must purchase materials that
are manufactured in the United States to the greatest extent, regardless of whether
all other factors are substantially equal. The bill also requires, with limited
exceptions, that a state contract for a public works or public improvement project
contain a provision requiring the contractor to use materials that are manufactured
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. Under the bill, these public contracts must also contain a
provision that the contractor will use materials that are manufactured in the United
States in the performance of the contract.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB688-ASA1,1 1Section 1. 16.754 (2) of the statutes is renumbered 16.754 (2) (a) and amended
2to read:
SB688-ASA1,2,73 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 in the United States to the greatest extent
6in the United States, unless prohibited by federal law or a treaty or other
7international agreement
.
SB688-ASA1,2 8Section 2. 16.754 (2) (b) of the statutes is created to read:
SB688-ASA1,2,139 16.754 (2) (b) Each contract entered into by the state for the construction,
10repair, or modification of a public works or public improvement project shall contain
11a provision requiring the contractor to use materials that are manufactured in the
12United States in the performance of the contract, unless prohibited by federal law
13or a treaty or other international agreement.
SB688-ASA1,3 14Section 3. 16.754 (3) (intro.) and (a) of the statutes are amended to read:
SB688-ASA1,3,415 16.754 (3) Exemptions. (intro.) Subsection (2) (a) does not apply if the
16materials are purchased for the purpose of commercial resale or for the purpose of
17use in the production of goods for commercial sale. Subsection (2) (a) does not apply
18to the purchase of stationery and printing materials. Subsection (2) does not apply
19if the department determines, under s. 16.75 (1) (a) 2., that the foreign nation or

1subdivision thereof in which the vendor is domiciled does not give preference to
2vendors domiciled in that nation or subdivision in making governmental purchases.
3 Subsection (2) (a) does not apply if the department or other person having
4contracting authority in respect to the purchase determines that any of the following:
SB688-ASA1,3,65 (a) The materials are not manufactured in the United States in sufficient or
6reasonably available quantities; or.
SB688-ASA1,4 7Section 4. 66.0901 (1m) (b) of the statutes is amended to read:
SB688-ASA1,3,118 66.0901 (1m) (b) Except when necessary to secure federal aid and except as
9provided in sub. (10)
, a political subdivision may not use a bidding method that gives
10preference based on the geographic location of the bidder or that uses criteria other
11than the lowest responsible bidder in awarding a contract.
SB688-ASA1,5 12Section 5. 66.0901 (10) of the statutes is created to read:
SB688-ASA1,3,1713 66.0901 (10) Materials manufactured in the United States. Each public
14contract entered into by a municipality shall contain a provision that the contractor
15will use materials that are manufactured in the United States, as defined in s. 16.754
16(1) (b), in the performance of the contract, unless prohibited by federal law or a treaty
17or other international agreement.
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