An Act to amend 16.75 (1) (a) 1. and 16.855 (1m); to create 16.75 (10r), 16.856, 66.05025 and 230.144 of the statutes; Relating to: the employment eligibility verification program and granting rule-making authority. (FE)
Summary
AB281 would require Wisconsin state agencies, local governmental units, and certain state procurement and construction contracting entities to use the federal E-Verify system to confirm that workers are authorized to work in the United States. The bill bars public employers from hiring an individual identified by E-Verify as ineligible for employment, and it bars the state from entering into certain contracts with employers that are not enrolled in E-Verify or that knowingly employ an ineligible worker.
The bill also requires covered contracts to include written notice of the E-Verify requirements and a signed acknowledgment of compliance. If a contract is found to violate the bill’s restrictions, the state would be required to terminate it without liability for the uncompleted portion. The bill includes a fallback provision stating that these requirements would not apply if the federal E-Verify program were discontinued.
Impact
AB281 would amend Wisconsin’s state procurement and public employment statutes by creating new eligibility-verification conditions for contracts, construction work, and hiring by state and local government. It would add exceptions to the lowest-bidder procurement rules in ch. 16, create a new construction-contract restriction under s. 16.856, and impose parallel hiring rules on local governmental units and state agencies under ss. 66.05025 and 230.144. The bill would affect employers seeking public contracts, public-sector hiring authorities, and vendors doing business with the state or local governments, and it would authorize rule-making to implement the program.
Sentiment
The available voting history suggests the bill had meaningful support in the Assembly, passing 54-45 on third reading. However, the bill ultimately did not become law, as it later failed to pass notwithstanding the Governor’s objections under Joint Rule 82. No committee transcript excerpts were provided, so the record here shows support strong enough to pass one chamber but not enough to overcome the veto process.
Contention
The main point of contention is the use of E-Verify as a condition for public employment and public contracting. Supporters appear to favor tighter employment eligibility checks and restrictions on doing business with employers that are not enrolled in E-Verify or that hire unauthorized workers. Opponents likely object to the bill’s impact on bidder eligibility, procurement flexibility, and the administrative burden on agencies, local governments, and contractors, as well as the policy choice to tie public contracts and hiring to a federal verification system.
Crossfiled
An Act to amend 16.75 (1) (a) 1. and 16.855 (1m); to create 16.75 (10r), 16.856, 66.05025 and 230.144 of the statutes; Relating to: the employment eligibility verification program and granting rule-making authority. (FE)