LRB-3903/2
MDK&CMH:cjs:jf
2007 - 2008 LEGISLATURE
March 11, 2008 - Introduced by Representatives Smith, Sinicki, Gronemus, Albers,
Richards, Berceau, Nelson
and Seidel, cosponsored by Senator Plale.
Referred to Committee on State Affairs.
AB931,1,2 1An Act to amend 16.75 (1) (a) 1.; and to create 16.7541 of the statutes; relating
2to:
purchases of cheese products used in the University of Wisconsin System.
Analysis by the Legislative Reference Bureau
Current law generally authorizes the Department of Administration (DOA) to
purchase, or delegate the authority to purchase, all necessary materials and
contractual services for all state agencies. With some exceptions, orders or contracts
must be awarded to the lowest bidder. One exception requires DOA to give a
preference to Wisconsin producers, distributors, suppliers, and retailers over any
out-of-state vendor that is domiciled in a jurisdiction that grants a preference to
vendors domiciled in that jurisdiction. This bill modifies that exception and
prohibits DOA or any agency with purchasing authority from purchasing for use in
the University of Wisconsin System any cheese or prepared food product containing
cheese unless the cheese is manufactured or processed by a dairy plant located in this
state.
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:
AB931, s. 1 3Section 1. 16.75 (1) (a) 1. of the statutes, as affected by 2007 Wisconsin Act 20,
4is amended to read:
AB931,2,9
116.75 (1) (a) 1. All orders awarded or contracts made by the department for all
2materials, supplies, equipment, and contractual services to be provided to any
3agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t),
4(6), (7), (8), (9), (10e), and (10m) and ss. 16.73 (4) (a), 16.751, 16.754, 16.7541, 16.964
5(8), 50.05 (7) (f), 153.05 (2m) (a), and 287.15 (7), shall be awarded to the lowest
6responsible bidder, taking into consideration life cycle cost estimates under sub.
7(1m), when appropriate, the location of the agency, the quantities of the articles to
8be supplied, their conformity with the specifications, and the purposes for which they
9are required and the date of delivery.
AB931, s. 2 10Section 2. 16.7541 of the statutes is created to read:
AB931,2,12 1116.7541 Preference for Wisconsin cheese. (1) In this section, "dairy plant"
12has the meaning given in s. 97.20 (1) (a).
AB931,2,16 13(2) Notwithstanding s. 16.75 (1) (a) 2., the department and any other
14designated purchasing agent under s. 16.71 (1) may purchase cheese or any prepared
15food product containing cheese for use in the University of Wisconsin System only
16if the cheese is manufactured or processed by a dairy plant located in this state.
AB931, s. 3 17Section 3. Nonstatutory provisions.
AB931,2,2418 (1) If a contract is in effect on the effective date of this subsection that is
19inconsistent with section 16.7541 of the statutes, as created by this act, but is not
20inconsistent with any applicable law in effect immediately before the effective date
21of this subsection, then, notwithstanding section 16.7541 of the statutes, as created
22by this act, the parties to the contract may perform their obligations, and exercise
23their rights, under the contract until the contract expires or is extended, modified,
24or renewed, whichever occurs first.
AB931, s. 4 25Section 4. Effective date.
AB931,3,2
1(1) This act takes effect on the first day of the 4th month beginning after
2publication.
AB931,3,33 (End)
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