2015 - 2016 LEGISLATURE
November 10, 2015 - Introduced by Representatives Brandtjen, Murphy, R.
Brooks, Craig, Edming, Gannon, Horlacher, Jacque, Kleefisch, Kremer, T.
Larson, Murtha, Thiesfeldt and Tittl. Referred to Committee on Urban and
1An Act to create
66.0408 of the statutes; relating to: local ordinances and
2providing a reduction in shared revenue payments.
Analysis by the Legislative Reference Bureau
This bill prohibits a city, village, town, or county (political subdivision) from
enacting an ordinance, adopting a resolution, or establishing a policy that would
prohibit an employee from inquiring whether an individual who receives public
services is lawfully present in the state, notifying the federal government of the
presence of aliens who are not lawfully present, or acting according to or complying
with state law regarding arrested persons who are not lawfully present. Under the
bill, a state resident who believes that a political subdivision is not complying with
these requirements may petition for a writ of mandamus requiring compliance, and,
if a court finds that a political subdivision has failed to comply, the department of
revenue must reduce the political subdivision's shared revenue payments in the next
year by $500 to $5,000, depending on the political subdivision's population, for each
day of noncompliance.
For further information see the state and local 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:
66.0408 of the statutes is created to read:
166.0408 Local ordinances, immigration status, illegal aliens. (1) 2Definitions.
In this section:
(a) "Illegal alien" means an individual who is not a U.S. citizen and who is not 4
lawfully present in the United States.
(b) "Political subdivision" means a city, village, town, or county.
(c) "Satisfactory immigration status" means immigration status under which 7
an individual who is not a U.S. citizen is lawfully present in this country.
8(2) Inquiries about immigration status; reporting illegal aliens.
(a) A 9
political subdivision may not enact an ordinance, adopt a resolution, or establish a 10
policy that prohibits an employee of that political subdivision from doing any of the 11
1. Inquiring whether an individual seeking or receiving public services from 13
the political subdivision has satisfactory immigration status.
2. Notifying the federal government of the presence of illegal aliens in the 15
(b) If a political subdivision has in effect on the effective date of this paragraph 17
.... [LRB inserts date], an ordinance, resolution, or policy that is inconsistent with 18
par. (a), the ordinance, resolution, or policy does not apply and may not be enforced.
19(3) Private right of action.
(a) If a resident of this state believes that an 20
employee of a political subdivision is acting in a way that is inconsistent with sub. 21
(2) (a), the resident may file a writ of mandamus with the circuit court of the county 22
in which the activity is alleged to have occurred to compel the political subdivision 23
to comply with sub. (2).
(b) If the court finds that the political subdivision has failed to comply with sub. 25
(2) (a), the department of revenue shall reduce the amount of the shared revenue
payments to the political subdivision under subch. I of ch. 79 in the following year 2
by one of the following amounts for each day after the filing of an action under par. 3
(a) that the political subdivision was noncompliant:
1. If the population of the political subdivision is less than 10,000, $500.
2. If the population of the political subdivision is at least 10,000 but less than 6
3. If the population of the political subdivision is at least 100,000 but less than 8
4. If the population of the political subdivision is 250,000 or more, $5,000.