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
SB160,1,2 1An Act to amend 175.10 (1); and to create 175.10 (1m) of the statutes; relating
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:
SB160,1 3Section 1. 175.10 (1) of the statutes is amended to read:
SB160,2,74 175.10 (1) No Except as provided in sub. (1m), no department or agency of the
5state or any political subdivision thereof, or member or officer of any village, town,

1or county board or common council of any city, or any purchasing agent or purchasing
2agency of the state or any political subdivision thereof, shall sell or procure for sale
3or have in its possession or under its control for sale to any employees of the state or
4any political subdivision thereof any article, material, product , or merchandise of
5whatsoever nature, excepting meals, public services, and such specialized
6appliances and paraphernalia as may be required for the safety or health of the
SB160,2 8Section 2. 175.10 (1m) of the statutes is created to read:
SB160,2,109 175.10 (1m) (a) The prohibition under sub. (1) does not apply to a sale if any
10of the following applies:
SB160,2,1211 1. The sale is of a surplus or discarded item that is no longer needed if the item
12is available for sale to the public using a publicly available method.
SB160,2,1413 2. The sale is of an item that is regularly available from the governmental
14entity for sale to the public at the same cost.
SB160,2,1715 (b) On its Internet site, the department of administration shall post a list of
16auction or sale Internet sites for compliance with par. (a) 1. The department may
17limit the types of items that may be sold on any particular Internet site.
SB160,2,1918 (c) A political subdivision may enact an ordinance that prohibits a sale that is
19otherwise permitted under par. (a).
SB160,2,2020 (End)