LRB-4080/2
CMH&ARG:wlj:jf
2009 - 2010 LEGISLATURE
March 9, 2010 - Introduced by Representatives Richards, Turner, A. Williams,
Pasch, Berceau and
Sinicki, cosponsored by Senator Taylor. Referred to
Committee on Financial Institutions.
AB816,1,3
1An Act to amend 16.75 (1) (a) 1.; and
to create 16.75 (10r) of the statutes;
2relating to: state contracts with financial institutions with foreclosures in the
3state.
Analysis by the Legislative Reference Bureau
Under current law, with numerous exceptions, if a state agency contracts for
services, the services must be obtained from the lowest responsible bidder or the
person submitting the most advantageous competitive sealed proposal. This bill
creates an exception by prohibiting an agency that is contracting for services from
contracting with a financial institution unless the financial institution certifies that
it does not own 100 or more residential properties in this state from foreclosure
actions on residential mortgages.
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:
AB816, s. 1
4Section
1. 16.75 (1) (a) 1. of the statutes is amended to read:
AB816,2,75
16.75
(1) (a) 1. All orders awarded or contracts made by the department for all
6materials, supplies, equipment, and contractual services to be provided to any
1agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t),
2(6), (7), (8), (9), (10e),
and (10m)
, and (10r) and ss. 16.73 (4) (a), 16.751, 16.754, 16.964
3(8), 50.05 (7) (f), 153.05 (2m) (a), and 287.15 (7), shall be awarded to the lowest
4responsible bidder, taking into consideration life cycle cost estimates under sub.
5(1m), when appropriate, the location of the agency, the quantities of the articles to
6be supplied, their conformity with the specifications, and the purposes for which they
7are required and the date of delivery.
AB816, s. 2
8Section
2. 16.75 (10r) of the statutes is created to read:
AB816,2,159
16.75
(10r) The department, any other delegated purchasing agent under s.
1016.71, any agency making purchases under s. 16.74, and any authority may not enter
11into any contract with a financial institution, as defined in s. 214.01 (1) (jn), unless
12the financial institution can certify that it does not own 100 or more properties in this
13state resulting from foreclosures of residential mortgage loans, as defined under s.
14224.71 (14). For purposes of this subsection, a financial institution acting as a
15trustee with respect to the property is considered to own the property.
AB816,2,1817
(1) The treatment of section 16.75 (10r) of the statutes first applies to contracts
18entered into on the effective date of this subsection.
