Amendment ASA1-AB101

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB101-ASA1, s. 1 Section 1. 16.75 (6) (e) of the statutes is amended to read:

AB101-ASA1,2,10 16.75 (6) (e) The governor or his or her designee may waive any requirement of this subchapter if the governor or his or her designee finds that there exists an emergency which threatens the public health, safety or welfare and the waiver is necessary to meet the emergency. The governor or his or her designee shall require the award of each contract under this paragraph to be made with such competition as is practicable under the circumstances. The governor or his or her designee shall file with the department a statement of facts constituting the emergency for each waiver issued under this paragraph, and a statement of the basis for selection of each contractor under the emergency procedure. This paragraph does not apply to the requirement requirements specified in sub. (7) and s. 16.756.

AB101-ASA1, s. 2 Section 2. 16.756 of the statutes is created to read:

AB101-ASA1,2,17 16.756 Companies employing illegal aliens. No company that employs an illegal alien is eligible to enter into any contract with an agency for the purchase of materials, supplies, equipment, or contractual services for a period of 7 years beginning with the year in which a final order is issued against the company under 8 USC 1324a (e) (4), (5), or (6) or a penalty or injunction is issued against the company under 8 USC 1324a (f).

AB101-ASA1, s. 3 Section 3. 16.855 (18) of the statutes is amended to read:

AB101-ASA1,2,22 16.855 (18) This Except as provided in sub. (23), this section shall not apply to restoration or reconstruction of the state capitol building, historic structures at the old world Wisconsin site and at Heritage Hill state park when the department determines that a waiver of this section would serve the best interests of this state.

AB101-ASA1, s. 4 Section 4. 16.855 (21) of the statutes is amended to read:

AB101-ASA1,3,2 16.855 (21) This Except as provided in sub. (23), this section does not apply to contracts by the department of natural resources for construction work related to hazardous substance spill response under s. 292.11 or environmental repair under s. 292.31.

AB101-ASA1, s. 5 Section 5. 16.855 (22) of the statutes is amended to read:

AB101-ASA1,3,12 16.855 (22) The provisions of this section, except sub. subs. (10m) and (23), do not apply to construction work for any project that does not require the prior approval of the building commission under s. 13.48 (10) (a) if the project is constructed in accordance with policies and procedures prescribed by the building commission under s. 13.48 (29). If the estimated construction cost of any project is at least $40,000, and the building commission elects to utilize the procedures prescribed under s. 13.48 (29) to construct the project, the department shall provide adequate public notice of the project and the procedures to be utilized to construct the project on a publicly accessible computer site.

AB101-ASA1, s. 6 Section 6. 16.855 (23) of the statutes is created to read:

AB101-ASA1,3,19 16.855 (23) No company that employs an illegal alien is eligible to enter into any contract with an agency for engineering or architectural services or for construction work, as defined in s. 16.87 (1) (a) for a period of 7 years beginning with the year in which a final order is issued against the company under 8 USC 1324a (e) (4), (5), or (6) or a penalty or injunction is issued against the company under 8 USC 1324a (f).

AB101-ASA1, s. 7 Section 7. 560.29 of the statutes is created to read:

AB101-ASA1,3,21 560.29 Employing illegal aliens. (1) Definitions. In this section:

AB101-ASA1,3,24 (a) "Company" means any organization or enterprise operated for profit, including a proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation, limited liability company, or association.

AB101-ASA1,3,25 (b) "Local governmental unit" has the meaning given in s. 66.0131 (1) (a).

AB101-ASA1,4,3 (c) "Public contract" means a contract for the construction, execution, repair, remodeling, or improvement of a public work or building or for the furnishing of supplies, services, equipment, or material of any kind.

AB101-ASA1,4,10 (2) Penalties. (a) Notwithstanding the provisions of any tax exemption under ch. 70 or tax credit under ch. 71 for which a company would otherwise be eligible, any company that employs an illegal alien in violation of 8 USC 1324a (a) shall be ineligible to do any of the following for a period of 7 years beginning with the year in which a final order is issued against the company under 8 USC 1324a (e) (4), (5), or (6) or a penalty or injunction is issued against the company under 8 USC 1324a (f):

AB101-ASA1,4,11 1. Receive any tax exemption under ch. 70 or any tax credit under ch. 71.

AB101-ASA1,4,12 2. Enter into a public contract with a local governmental unit.

AB101-ASA1,4,13 3. Receive any grants or loans from a local governmental unit.

AB101-ASA1,4,15 4. Enter into a contract for the purchase of materials, supplies, equipment, or contractual services with any agency, as defined in s. 16.70 (1e).

AB101-ASA1,4,18 5. Enter into a contract for engineering or architectural services or for construction work, as defined in s. 16.87 (1) (a), with any agency, as defined in s. 16.70 (1e).

AB101-ASA1,4,20 (b) Any company that employs an illegal alien is subject to a $10,000 fine for each illegal alien the company employs.

AB101-ASA1,4,22 (3) Rules. The department shall promulgate rules to implement and administer this section.

AB101-ASA1,4,25 (4) Review. A determination of ineligibility under sub. (2) (a) and the imposition of any penalty under sub. (2) (b) are subject to review under subch. III of ch. 227.

AB101-ASA1, s. 8 Section 8. Initial applicability.

AB101-ASA1,5,3 (1) This act first applies to companies for which a penalty, injunction, or final order is issued on the effective date of this subsection.

AB101-ASA1,5,4 (End)