CORRECTED COPY
LRBs0252/1
EAW&MPG:amn&cdc
2021 - 2022 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 565
October 25, 2021 - Offered by Representative Schraa.
AB565-ASA1,1,2
1An Act to create 301.323 of the statutes;
relating to: vendors at state
2correctional institutions.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Corrections to contract with at least three
vendors, unless DOC receives fewer than three vendor bids, to provide hobby,
religious, and other personal property items for sale to inmates in state correctional
institutions. Under the bill, DOC must allow an inmate, or a third party on behalf
of an inmate, to purchase the items and must give inmates equal access to all vendors
that DOC contracts with for this purpose. The bill also specifies that DOC must
ensure that at least one of the vendors offers a location in the city of Milwaukee where
a third party may, through a person-to-person transaction, place an order for items
to be delivered to an inmate.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB565-ASA1,1
3Section
1. 301.323 of the statutes is created to read:
AB565-ASA1,2,4
4301.323 Vendors of personal property items. (1) The department shall
5permit an inmate in a state correctional institution, or a 3rd party on behalf of an
1inmate, to purchase department-approved hobby, religious, and other personal
2property items from a vendor that is contracted with under sub. (2). The department
3shall ensure that inmates have equal access to the approved items offered by each
4vendor, and the department may not give any preference to any contracted vendor.
AB565-ASA1,2,12
5(2) Through a competitive bid for contractual services under s. 16.75, the
6department shall contract with not fewer than 3 vendors to provide
7department-approved hobby, religious, and other personal property items for
8purchase by an inmate in a state correctional institution or by a 3rd party on behalf
9of an inmate. The department may contract with 2 vendors if it receives fewer than
103 bids satisfying the bid criteria. All contract specifications for contracts awarded
11under this subsection, including those specified in sub. (3), shall be included in a
12single solicitation for bids.
AB565-ASA1,2,18
13(3) Each vendor that is contracted with under sub. (2) shall allow for an inmate,
14or a 3rd party on behalf of an inmate, to purchase the approved items from a catalog
15and through an online Internet site. The department shall ensure that at least one
16of the vendors contracted with under sub. (2) offers a location in a 1st class city where
17a 3rd party may, through a person-to-person transaction using cash or a credit card,
18place an order for items to be delivered to an inmate.
AB565-ASA1,2,21
19(4) The department shall ensure that each vendor that receives a contract
20under sub. (2) offers substantially all of the types of items that are approved by the
21department.
AB565-ASA1,2,2523
(1) The department of corrections shall complete all activities that it
24determines are necessary to implement s. 301.323 no later than 90 days after the
25effective date of this subsection.
AB565-ASA1,3,72
(1)
The treatment of s. 301.323 (2) first applies to a solicitation for bids issued
3on the effective date of this subsection, except that if the department of corrections
4has a contract in effect on the effective date of this subsection with a vendor who
5provides contractual services substantially similar to those specified in s. 301.323
6(2), the department may count that vendor toward the 3-vendor requirement under
7s. 301.323 (2).
