SB 1000

This bill prohibits any state agency or other body in Wisconsin state

government, including the legislature and the courts (state agency), from

contracting with certain prohibited business entities. Specifically, the bill prohibits

state agencies from contracting with any organization or enterprise operated for

profit that is organized under the laws or rules of a country of concern or that is

directly or indirectly owned or controlled by the government of a country of concern

or by a business entity organized under the laws or rules of a country of concern. The

bill defines “country of concern” to mean each of the following:

1. The People's Republic of China.

2. Russia.

3. Cuba.

4. Iran.

5. North Korea.

6. Venezuela.

Additionally, the bill provides that no contract between any person and a state

agency shall be valid, binding, and enforceable unless the person provides prior

written certification to the state agency that the person is not a prohibited business

entity and that the person has made every effort to ensure that the goods or services

provided under the contract did not originate with a prohibited business entity.

Moreover, if any person contracting with a state agency becomes a prohibited

business entity, the person is for that reason considered to be in breach of contract,

and the person must provide written notification of the breach to the state agency.

The state agency may then terminate the contract and may pursue all appropriate

legal remedies for the breach.

The bill charges the Department of Administration with receiving and

investigating complaints of alleged violations of the bill's contracting requirements.

If DOA determines that a person has violated the bill's requirements, all of the

following apply:

1. The person is liable for a forfeiture equal to the greater of $250,000, an

amount equal to twice the amount of the value of the relevant contract, o an amount

equal to the total amount of all pecuniary losses suffered by any state as a result of

the violation.

2. The person is ineligible to contract with a state agency for five years following

the date of the DOA's determination of a violation.

Finally, the bill authorizes the Attorney General to enforce the bill's

requirements in court.