Date of enactment: April 15, 2022
2021 Senate Bill 564   Date of publication*: April 16, 2022
* Section 991.11, Wisconsin Statutes: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication."
2021 WISCONSIN ACT 264
An Act to create 301.323 of the statutes; relating to: vendors at state correctional institutions.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
264,1 Section 1. 301.323 of the statutes is created to read:
301.323 Vendors of personal property items. (1) The department shall permit an inmate in a state correctional institution, or a 3rd party on behalf of an inmate, to purchase department-approved hobby, religious, and other personal property items from a vendor that is contracted with under sub. (2). The department shall ensure that inmates have equal access to the approved items offered by each vendor, and the department may not give any preference to any contracted vendor.
(2) Through a competitive bid for contractual services under s. 16.75, the department shall contract with not fewer than 3 vendors to provide department-approved hobby, religious, and other personal property items for purchase by an inmate in a state correctional institution or by a 3rd party on behalf of an inmate. The department may contract with 2 vendors if it receives fewer than 3 bids satisfying the bid criteria. All contract specifications for contracts awarded under this subsection, including those specified in sub. (3), shall be included in a single solicitation for bids.
(3) Each vendor that is contracted with under sub. (2) shall allow for an inmate, or a 3rd party on behalf of an inmate, to purchase the approved items from a catalog and through an online Internet site.
(4) The department shall ensure that each vendor that receives a contract under sub. (2) offers substantially all of the types of items that are approved by the department.
264,2 Section 2 . Nonstatutory provisions.
(1) The department of corrections shall complete all activities that it determines are necessary to implement s. 301.323 no later than 90 days after the effective date of this subsection.
264,3 Section 3. Initial applicability.
(1) The treatment of s. 301.323 (2) first applies to a solicitation for bids issued on the effective date of this subsection, except that if the department of corrections has a contract in effect on the effective date of this subsection with a vendor who provides contractual services substantially similar to those specified in s. 301.323 (2), the department may count that vendor toward the 3-vendor requirement under s. 301.323 (2).
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