(1) Except as provided in sub. (1m), no department or agency of the state or any political subdivision thereof, or member or officer of any village, town, or county board or common council of any city, or any purchasing agent or purchasing agency of the state or any political subdivision thereof, shall sell or procure for sale or have in its possession or under its control for sale to any employees of the state or any political subdivision thereof any article, material, product, or merchandise of whatsoever nature, excepting meals, public services, and such specialized appliances and paraphernalia as may be required for the safety or health of the employees. (1m) (a) The prohibition under sub. (1) does not apply to a sale if any of the following applies: 1. The sale is of a surplus or discarded item that is no longer needed if the item is available for sale to the public using a publicly available method. 2. The sale is of an item that is regularly available from the governmental entity for sale to the public at the same cost. (b) On its Internet site, the department of administration shall post a list of auction or sale Internet sites for compliance with par. (a) 1. The department may limit the types of items that may be sold on any particular Internet site. (c) A political subdivision may enact an ordinance that prohibits a sale that is otherwise permitted under par. (a). (2) Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $500 or by imprisonment in the county jail not less than 30 days nor more than 90 days, or both. (3) The provisions of this section shall not apply to this state, nor to any political subdivision thereof, nor to any department, agency, officer or employee of any of them while engaged in any recreational, health, welfare, relief, safety, or educational activities furnished by this state or any political subdivision thereof.
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