SB681,,22An Act to renumber 66.0901 (6m); and to create 20.935 and 66.0901 (6m) (ag) of the statutes; relating to: public contracts with persons engaged in certain boycotts. SB681,,33Analysis 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.
SB681,,44The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SB681,15Section 1. 20.935 of the statutes is created to read: SB681,,6620.935 Prohibited considerations in contracting. (1) In this section: SB681,,77(a) “Boycott” means, without an ordinary business purpose, taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with another person. SB681,,88(b) “Covered activities” means any of the following: SB681,,991. Production agriculture. SB681,,10102. The exploration, production, use, transport, sale, or manufacture of fossil fuel–based energy. SB681,,1111(2) No state agency 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 others’ 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 others’ participation in covered activities or on the basis of others’ relationships with persons participating in covered activities. SB681,,1212(3) Subsection (2) does not apply to any of the following: SB681,,1313(a) A public contract with a person that employs fewer than 10 full-time employees or with a nonprofit entity. SB681,,1414(b) A public contract with an estimated cost of less than $100,000. SB681,,1515(c) A public contract for goods or services that the state agency determines cannot be obtained in compliance with sub. (2) on commercially reasonable terms. A state agency that enters into a public contract under this paragraph shall document its determination and the reasons supporting its determination in writing. SB681,,1616(d) The state of Wisconsin investment board or any assets under its management. SB681,217Section 2. 66.0901 (6m) of the statutes is renumbered 66.0901 (6m) (am). SB681,318Section 3. 66.0901 (6m) (ag) of the statutes is created to read: SB681,,191966.0901 (6m) (ag) 1. In this paragraph: SB681,,2020a. “Boycott” means, without an ordinary business purpose, taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with another person. SB681,,2121b. “Covered activities” means production agriculture or the exploration, production, use, transport, sale, or manufacture of fossil fuel–based energy. SB681,,22222. A municipality may not 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 others’ 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 others’ participation in covered activities or on the basis of others’ relationships with persons participating in covered activities. SB681,,23233. Subdivision 2. does not apply to any of the following: SB681,,2424a. A public contract with a person that employs fewer than 10 full-time employees or with a nonprofit entity. SB681,,2525b. A public contract with an estimated cost of less than $100,000. SB681,,2626c. A public contract for goods or services that the municipality determines cannot be obtained in compliance with subd. 2. on commercially reasonable terms. A municipality that enters into a public contract under this subd. 3. c. shall document its determination and the reasons supporting its determination in writing. SB681,,2727d. The state of Wisconsin investment board or any assets under its management.
