2017 - 2018 LEGISLATURE
April 7, 2017 - Introduced by Senators Moulton, Marklein, Kapenga, Nass and
Stroebel, cosponsored by Representatives Kulp,
Krug, Kremer, Steffen,
Ripp, Ballweg, Knodl, E. Brooks, Skowronski and R. Brooks. Referred to
Committee on Government Operations, Technology and Consumer
1An Act to amend
175.10 (1); and to create
175.10 (1m) of the statutes; relating
2to: sales by the state or a political subdivision to employees.
Analysis by the Legislative Reference Bureau
This bill creates exceptions to the general prohibition that the state or a
political subdivision may not sell any item to an employee of the state or political
subdivision. Sales that fall under the exceptions are a sale of an item at a price
regularly available to the public and a sale of a surplus or discarded item that is no
longer needed if similar items are publicly available for sale from the state or political
subdivision. This bill requires the Department of Administration to post a list of
Internet sites that the state or political subdivision may use for online auctions or
For further information see the state 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:
175.10 (1) of the statutes is amended to read:
175.10 (1) No Except as provided in sub. (1m), no
department or agency of the 5
state or any political subdivision thereof, or member or officer of any village, town,
or county board or common council of any city, or any purchasing agent or purchasing 2
agency of the state or any political subdivision thereof, shall sell or procure for sale 3
or have in its possession or under its control for sale to any employees of the state or 4
any political subdivision thereof any article, material, product
or merchandise of 5
whatsoever nature, excepting meals, public services,
and such specialized 6
appliances and paraphernalia as may be required for the safety or health of the 7
175.10 (1m) of the statutes is created to read:
(a) The prohibition under sub. (1) does not apply to a sale if any 10
of the following applies:
1. The sale is of a surplus or discarded item that is no longer needed if the item 12
is available for sale to the public using a publicly available method.
2. The sale is of an item that is regularly available from the governmental 14
entity for sale to the public at the same cost.
(b) On its Internet site, the department of administration shall post a list of 16
auction or sale Internet sites for compliance with par. (a) 1. The department may 17
limit the types of items that may be sold on any particular Internet site.
(c) A political subdivision may enact an ordinance that prohibits a sale that is 19
otherwise permitted under par. (a).