Amendment SA28-SSA1-SB21

LRBb0519/1

CMH:wlj

2015 - 2016 LEGISLATURE

SENATE AMENDMENT 28, TO SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 21

July 7, 2015 - Offered by Senators Hansen, Lassa, Carpenter, Wirch, Ringhand, Bewley, Vinehout, Miller, Shilling, C. Larson and Harris Dodd.

SB21-SSA1-SA28,1,1 At the locations indicated, amend the substitute amendment as follows:

SB21-SSA1-SA28,1,2 1. At the appropriate places, insert all of the following:

SB21-SSA1-SA28,1,4 " Section 1. 16.754 (2) of the statutes is renumbered 16.754 (2) (a) and amended to read:

SB21-SSA1-SA28,1,7 16.754 (2) (a) Notwithstanding s. 16.75 (1) (a) 2., (2), (2m) and (6), when all other factors are substantially equal making purchases, the state shall purchase materials which are manufactured to the greatest extent in the United States.

SB21-SSA1-SA28,2 Section 2. 16.754 (2) (b) of the statutes is created to read:

SB21-SSA1-SA28,1,12 16.754 (2) (b) Any contract entered into by the state for the construction, repair, or modification of a public works or public improvement project must contain a provision that the contractor will use materials that are manufactured in the United States in the performance of the contract.

SB21-SSA1-SA28,3 Section 3. 16.754 (3) (intro.) and (a) of the statutes are amended to read:

SB21-SSA1-SA28,2,10 16.754 (3) Exemptions. (intro.) Subsection (2) (a) 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 any of the following:

SB21-SSA1-SA28,2,12 (a) The materials are not manufactured in the United States in sufficient or reasonably available quantities; or.

SB21-SSA1-SA28,4 Section 4. 66.0901 (1m) (b) of the statutes is amended to read:

SB21-SSA1-SA28,2,17 66.0901 (1m) (b) Except when necessary to secure federal aid and except as provided in sub. (10), a political subdivision may not use a bidding method that gives preference based on the geographic location of the bidder or that uses criteria other than the lowest responsible bidder in awarding a contract.

SB21-SSA1-SA28,5 Section 5. 66.0901 (10) of the statutes is created to read:

SB21-SSA1-SA28,2,22 66.0901 (10) Materials manufactured in the United States. Any public contract entered into by a municipality must contain a provision that the contractor will use materials that are manufactured in the United States in the performance of the contract.

SB21-SSA1-SA28,9352 Section 9352. Initial applicability; Other.

SB21-SSA1-SA28,3,3 (1) Materials manufactured in the United States. The treatment of sections 16.754 (3) (intro.) and (a) and 66.0901 (1m) (b) and (10) of the statutes, the renumbering and amendment of section 16.754 (2) of the statutes, and the creation of section 16.754 (2) (b) of the statutes first apply to contracts entered into in the fiscal year that begins in the year after this subsection takes effect.".

SB21-SSA1-SA28,3,4 (End)