Amendment AA27-ASA1-AB100

LRBb0486/1

JTK:cjs:rs

2005 - 2006 LEGISLATURE

ASSEMBLY AMENDMENT 27, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2005 ASSEMBLY BILL 100

June 21, 2005 - Offered by Representative Pocan.

AB100-ASA1-AA27,1,1 At the locations indicated, amend the substitute amendment as follows:

AB100-ASA1-AA27,1,4 1. Page 25, line 7: delete "delivery." and substitute "delivery; but preference shall always be given to materials, supplies, equipment, and contractual services of Wisconsin producers, distributors, suppliers, and retailers.".

AB100-ASA1-AA27,1,5 2. Page 25, line 7: after that line insert:

AB100-ASA1-AA27,1,6 " Section 81s. 16.75 (1) (a) 2. of the statutes is repealed.

AB100-ASA1-AA27, s. 81w Section 81w. 16.754 (2) of the statutes is amended to read:

AB100-ASA1-AA27,1,10 16.754 (2) Purchase preference. Notwithstanding s. 16.75 (1) (a) 2., (2), (2m) and (6), when all other factors are substantially equal the state shall purchase materials which are manufactured to the greatest extent in the United States.

AB100-ASA1-AA27, s. 81x Section 81x. 16.754 (3) (intro.) of the statutes is amended to read:

AB100-ASA1-AA27,2,9 16.754 (3) Exemptions. (intro.) Subsection (2) does not apply if the materials are purchased for the purpose of commercial resale or for the purpose of use in the production of goods for commercial sale. Subsection (2) does not apply to the purchase of stationery and printing materials. Subsection (2) does not apply if the department determines, under s. 16.75 (1) (a) 2., that the foreign nation or subdivision thereof in which the vendor is domiciled does not give preference to vendors domiciled in that nation or subdivision in making governmental purchases. Subsection (2) does not apply if the department or other person having contracting authority in respect to the purchase determines that:".

AB100-ASA1-AA27,2,10 3. Page 27, line 13: after that line insert:

AB100-ASA1-AA27,2,11 " Section 85i. 16.855 (1) of the statutes is amended to read:

AB100-ASA1-AA27,2,23 16.855 (1) The department shall let by contract to the lowest qualified responsible bidder all construction work when the estimated construction cost of the project exceeds $30,000, except for construction work authorized under s. 16.858 and except as provided in sub. (10m) or s. 13.48 (19). If a bidder is not a Wisconsin firm and the department determines that the state, foreign nation or subdivision thereof in which the bidder is domiciled grants a preference to bidders domiciled in that state, nation or subdivision in making governmental purchases, the department shall give a preference over that bidder to Wisconsin firms, if any, when awarding the contract, in the absence of compelling reasons to the contrary. The department may enter into agreements with states, foreign nations and subdivisions thereof for the purpose of implementing this subsection. In the absence of compelling reasons to the contrary, preference shall be given to Wisconsin-based firms.".

AB100-ASA1-AA27,2,24 4. Page 1028, line 22: after that line insert:

AB100-ASA1-AA27,3,4 "(1q) State procurement preference. The treatment of sections 16.75 (1) (a) 1. (with respect to preference for Wisconsin firms) and 2., 16.754 (2) and (3) (intro.), and 16.855 (1) of the statutes first applies with respect to contracts and orders entered into on the effective date of this subsection.".

AB100-ASA1-AA27,3,5 (End)