AB888: Bill Text

AB888, s. 1 Section 1. 16.75 (1) (a) 1. of the statutes, as affected by 2009 Wisconsin Act 136, is amended to read:

AB888,2,11 16.75 (1) (a) 1. All orders awarded or contracts made by the department for all materials, supplies, equipment, and contractual services to be provided to any agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t), (6), (7), (8), (9), (10e), and (10m), and (10r) and ss. 16.705 (1r), 16.73 (4) (a), 16.751, 16.754, 16.964 (8), 50.05 (7) (f), 153.05 (2m) (a), and 287.15 (7), shall be awarded to the lowest responsible bidder, taking into consideration life cycle cost estimates under sub. (1m), when appropriate, the location of the agency, the quantities of the articles to be supplied, their conformity with the specifications, and the purposes for which they are required and the date of delivery.

AB888, s. 2 Section 2. 16.75 (10r) of the statutes is created to read:

AB888,3,6 16.75 (10r) (a) In this subsection, "federal employment eligibility verification program" means the system operated by the federal department of homeland security and the federal social security administration that allows an employer to enroll in the system and verify that its employees are eligible to work in the United States.

AB888,3,10 (b) The department, a designated purchasing agent under s. 16.71, an agency making purchases under s. 16.74, and any authority may not enter into a contract or order for the purchase of materials, supplies, equipment, or contractual services with any of the following:

AB888,3,12 1. Except as provided in par. (e), a person that is an employer who is not enrolled in the federal employment eligibility verification program.

AB888,3,15 2. A person that is an employer who is knowingly employing an individual who has been identified by the federal employment eligibility verification program as ineligible to work in the United States.

AB888,3,20 (c) If the department, a designated purchasing agent under s. 16.71, an agency making purchases under s. 16.74, or any authority discovers that it has entered into a contract or order that violates par. (b), it shall terminate the contract or order without liability for the uncompleted portion or any materials or services purchased or paid for by the employer for use in completing the contract or order.

AB888,3,24 (d) All contracts entered into under this section must contain written notification of the requirements in this subsection and a place for the employer who is awarded the contract to sign indicating that he or she is in compliance with the requirements.

AB888,4,2 (e) Paragraph (b) 1. does not apply if the federal employment eligibility verification program is discontinued.

AB888, s. 3 Section 3. 16.855 (1) of the statutes is amended to read:

AB888,4,14 16.855 (1) The department shall let by contract to the lowest qualified responsible bidder all construction work when the estimated construction cost of the project exceeds $40,000, except for construction work authorized under s. 16.858 and except as provided in sub. (10m) or s. 13.48 (19) or 16.856. If a bidder is not a Wisconsin firm and the department determines that the state, foreign nation or subdivision thereof in which the bidder is domiciled grants a preference to bidders domiciled in that state, nation or subdivision in making governmental purchases, the department shall give a preference over that bidder to Wisconsin firms, if any, when awarding the contract, in the absence of compelling reasons to the contrary. The department may enter into agreements with states, foreign nations and subdivisions thereof for the purpose of implementing this subsection.

AB888, s. 4 Section 4. 16.856 of the statutes is created to read:

AB888,4,18 16.856 Employment eligibility verification. (1) In this section, "federal employment eligibility verification program" has the meaning given in s. 16.75 (10r) (a).

AB888,4,20 (2) The department may not let any construction work by contract under s. 16.855 (1) to any of the following persons:

AB888,4,22 (a) Except as provided in sub. (5), a person that is an employer who is not enrolled in the federal employment eligibility verification program.

AB888,4,25 (b) A person that is an employer who is knowingly employing an individual who has been identified by the federal employment eligibility verification program as ineligible to work in the United States.

AB888,5,4 (3) If the department discovers that it has let any construction work by a contract that violates sub. (2), it shall terminate the contract without liability for the uncompleted portion or any materials or services purchased or paid for by the employer for use in completing the contract.

AB888,5,8 (4) All contracts entered into under s. 16.855 (1) must contain written notification of the requirements in this section and a place for the employer who is awarded the contract to sign indicating that he or she is in compliance with the requirements.

AB888,5,10 (5) Subsection (2) (a) does not apply if the federal employment eligibility verification program is discontinued.

AB888, s. 5 Section 5. 66.0502 of the statutes is created to read:

AB888,5,13 66.0502 Federal employment eligibility verification program. (1) Definitions. In this section:

AB888,5,15 (a) "Federal employment eligibility verification program" has the meaning given in s. 16.75 (10r) (a).

AB888,5,16 (b) "Local governmental unit" has the meaning given in s. 66.0131 (1) (a).

AB888,5,22 (2) Verification requirements. (a) A local governmental unit that intends to hire an employee on or after the effective date of this paragraph .... [LRB inserts date], shall verify the individual's identity under the federal employment eligibility verification program. A local governmental unit may not offer employment to any individual who is identified under the federal employment eligibility verification program as ineligible to work in the United States.

AB888,6,2 (b) Before July 1, 2011, each local governmental unit shall verify the identity of all of its employees under the federal employment eligibility verification program. If a local governmental unit determines that an employee is identified under the federal employment eligibility verification program as ineligible to work in the United States, the local governmental unit shall discharge the employee.

AB888,6,4 (3) This section does not apply if the federal employment eligibility verification program is discontinued.

AB888, s. 6 Section 6. 230.144 of the statutes is created to read:

AB888,6,8 230.144 Federal employment eligibility verification program. (1) In this section, "federal employment eligibility verification program" has the meaning given in s. 16.75 (10r) (a).

AB888,6,14 (2) Beginning on the effective date of this subsection .... [LRB inserts date], an agency shall verify under the federal employment eligibility verification program the identity of each individual that it intends to appoint to a position. An agency may not offer employment to any individual who is identified under the federal employment eligibility verification program as ineligible to work in the United States.

AB888,6,19 (3) Before July 1, 2011, each agency shall verify under the federal employment eligibility verification program the identity of each of its employees. If an agency determines that an employee is identified under the federal employment eligibility verification program as ineligible to work in the United States, the agency shall discharge the employee.

AB888,6,21 (4) This section does not apply if the federal employment eligibility verification program is discontinued.

AB888, s. 7 Section 7 . Initial applicability.

AB888,6,25 (1) State procurement and construction contracts. The treatment of sections 16.75 (10r) and 16.856 of the statutes first applies to a contract or order that is entered into on the effective date of this subsection.

AB888,7,5 (2) Collective bargaining agreements. The treatment of sections 66.0502 and 230.144 of the statutes first applies to an employee who is affected by a collective bargaining agreement that contains provisions inconsistent with this act on the day on which the collective bargaining agreement expires or is extended, modified, or renewed, whichever occurs first.

AB888,7,6 (End)