LRB-0734/1
JK:nwn&cjs:jf
2009 - 2010 LEGISLATURE
February 17, 2009 - Introduced by Representatives Schneider, Kessler and
Suder, cosponsored by Senators Lazich and Olsen. Referred to Committee on
Workforce Development.
AB53,1,4
1An Act to create 560.30 of the statutes;
relating to: making companies that
2employ unauthorized aliens ineligible for certain tax exemptions,
3governmental contracts, grants, and loans, granting rule-making authority,
4and providing penalties.
Analysis by the Legislative Reference Bureau
Under this bill, any company that employs unauthorized aliens in violation of
federal law is, for a period of seven years, ineligible to: 1) receive any income or
franchise tax credit or property tax exemption; 2) enter into a contract with the state
or a local governmental unit for the construction, remodeling, or repair of a public
work or building, or for the furnishing of supplies, services, equipment, or material
of any kind; and 3) receive any grants or loans from a local governmental unit. Under
the bill, any company that employs an unauthorized alien is subject to a $10,000 fine
for each unauthorized alien the company employs.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB53, s. 1
5Section
1. 560.30 of the statutes is created to read:
AB53,1,6
6560.30 Employing unauthorized aliens.
(1) Definitions. In this section:
AB53,2,3
1(a) "Company" means any organization or enterprise operated for profit,
2including a proprietorship, partnership, firm, business trust, joint venture,
3syndicate, corporation, limited liability company, or association.
AB53,2,44
(b) "Local governmental unit" has the meaning given in s. 66.0131 (1) (a).
AB53,2,75
(c) "Public contract" means a contract for the construction, execution, repair,
6remodeling, or improvement of a public work or building or for the furnishing of
7supplies, services, equipment, or material of any kind.
AB53,2,12
8(2) Penalties. (a) Notwithstanding any other law, any company that employs
9an unauthorized alien in violation of
8 USC 1324a (a) shall be ineligible to do any of
10the following for a period of 7 years beginning with the year in which a final order
11is issued against the company under
8 USC 1324a (e) (4), (5), or (6) or a penalty or
12injunction is issued against the company under
8 USC 1324a (f):
AB53,2,1413
1. Receive any tax exemption under ch. 70 or any tax credit, deduction, or
14exclusion under ch. 71.
AB53,2,1515
2. Enter into a public contract with a local governmental unit.
AB53,2,1616
3. Receive any grants or loans from a local governmental unit.
AB53,2,1817
4. Enter into a contract for the purchase of materials, supplies, equipment, or
18contractual services with any agency, as defined in s. 16.70 (1e).
AB53,2,2119
5. Enter into a contract for engineering or architectural services or for
20construction work, as defined in s. 16.87 (1) (a), with any agency, as defined in s. 16.70
21(1e).
AB53,2,2322
(b) Any company that employs an unauthorized alien is subject to a $10,000
23fine for each unauthorized alien the company employs.
AB53,2,25
24(3) Rules. The department shall promulgate rules to implement and
25administer this section.
AB53,3,3
1(4) Review. A determination of ineligibility under sub. (2) (a) and the
2imposition of any penalty under sub. (2) (b) are subject to review under subch. III of
3ch. 227.
AB53,3,65
(1) This act first applies to companies against which a penalty, injunction, or
6final order is issued on the effective date of this subsection.
