LRB-3467/3
JK:kjf&wlj:pg
2007 - 2008 LEGISLATURE
January 22, 2008 - Introduced by Senators Breske, Hansen, Kreitlow, Lehman,
Wirch
and Decker, cosponsored by Representatives Hahn, Hines, Musser
and Vruwink. Referred to Committee on Labor, Elections and Urban Affairs.
SB404,1,5 1An Act to amend 16.75 (6) (e), 16.855 (18), 16.855 (21) and 16.855 (22); and to
2create
16.756, 16.855 (23) and 560.286 of the statutes; relating to: making
3companies that hire illegal aliens ineligible for certain tax exemptions,
4governmental contracts, grants, and loans, granting rule-making authority,
5and providing penalties.
Analysis by the Legislative Reference Bureau
Under this bill, any company that has hired illegal aliens 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.
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:
SB404, s. 1 6Section 1. 16.75 (6) (e) of the statutes is amended to read:
SB404,2,10
116.75 (6) (e) The governor or his or her designee may waive any requirement
2of this subchapter if the governor or his or her designee finds that there exists an
3emergency which threatens the public health, safety or welfare and the waiver is
4necessary to meet the emergency. The governor or his or her designee shall require
5the award of each contract under this paragraph to be made with such competition
6as is practicable under the circumstances. The governor or his or her designee shall
7file with the department a statement of facts constituting the emergency for each
8waiver issued under this paragraph, and a statement of the basis for selection of each
9contractor under the emergency procedure. This paragraph does not apply to the
10requirement requirements specified in sub. (7) and s. 16.756.
SB404, s. 2 11Section 2. 16.756 of the statutes is created to read:
SB404,2,15 1216.756 Companies hiring illegal aliens. No company that hires an illegal
13alien is eligible to enter into any contract with an agency for the purchase of
14materials, supplies, equipment, or contractual services for a period of 7 years
15beginning with the year in which the company hires an illegal alien.
SB404, s. 3 16Section 3. 16.855 (18) of the statutes is amended to read:
SB404,2,2017 16.855 (18) This Except as provided in sub. (23), this section shall not apply
18to restoration or reconstruction of the state capitol building, historic structures at the
19old world Wisconsin site and at Heritage Hill state park when the department
20determines that a waiver of this section would serve the best interests of this state.
SB404, s. 4 21Section 4. 16.855 (21) of the statutes is amended to read:
SB404,2,2522 16.855 (21) This Except as provided in sub. (23), this section does not apply to
23contracts by the department of natural resources for construction work related to
24hazardous substance spill response under s. 292.11 or environmental repair under
25s. 292.31.
SB404, s. 5
1Section 5. 16.855 (22) of the statutes is amended to read:
SB404,3,102 16.855 (22) The provisions of this section, except sub. subs. (10m) and (23), do
3not apply to construction work for any project that does not require the prior approval
4of the building commission under s. 13.48 (10) (a) if the project is constructed in
5accordance with policies and procedures prescribed by the building commission
6under s. 13.48 (29). If the estimated construction cost of any project is at least
7$40,000, and the building commission elects to utilize the procedures prescribed
8under s. 13.48 (29) to construct the project, the department shall provide adequate
9public notice of the project and the procedures to be utilized to construct the project
10on a publicly accessible computer site.
SB404, s. 6 11Section 6. 16.855 (23) of the statutes is created to read:
SB404,3,1512 16.855 (23) No company that hires an illegal alien is eligible to enter into any
13contract with an agency for engineering or architectural services or for construction
14work, as defined in s. 16.87 (1) (a) for a period of 7 years beginning with the year in
15which the company hires an illegal alien.
SB404, s. 7 16Section 7. 560.286 of the statutes is created to read:
SB404,3,17 17560.286 Hiring illegal aliens. (1) Definitions. In this section:
SB404,3,2018 (a) "Company" means any organization or enterprise operated for profit,
19including a proprietorship, partnership, firm, business trust, joint venture,
20syndicate, corporation, limited liability company, or association.
SB404,3,2121 (b) "Local governmental unit" has the meaning given in s. 66.0131 (1) (a).
SB404,3,2422 (c) "Public contract" means a contract for the construction, execution, repair,
23remodeling, or improvement of a public work or building or for the furnishing of
24supplies, services, equipment, or material of any kind.
SB404,4,4
1(2) Penalties. (a) Notwithstanding the provisions of any tax exemption under
2ch. 70 or tax credit under ch. 71 for which a company would otherwise be eligible, any
3company that has hired an illegal alien shall, for a period of 7 years beginning with
4the year in which the company hired an illegal alien, be ineligible to:
SB404,4,55 1. Receive any tax exemption under ch. 70 or any tax credit under ch. 71.
SB404,4,66 2. Enter into a public contract with a local governmental unit.
SB404,4,77 3. Receive any grants or loans from a local governmental unit.
SB404,4,98 4. Enter into a contract for the purchase of materials, supplies, equipment, or
9contractual services with any agency, as defined in s. 16.70 (1e).
SB404,4,1210 5. Enter into a contract for engineering or architectural services or for
11construction work, as defined in s. 16.87 (1) (a), with any agency, as defined in s. 16.70
12(1e).
SB404,4,1413 (b) Any company that has hired an illegal alien is subject to a $10,000 fine for
14each illegal alien the company hires.
SB404,4,2415 (c) Paragraphs (a) and (b) do not apply to any company that makes a good faith
16effort to determine whether any person the company hires is not an illegal alien,
17except that this paragraph does not apply to a company that receives notice from the
18federal government that an employee has provided a false or incorrect social security
19number, unless the company corrects the problem described in the notice, in the
20manner prescribed under federal law, no later than 30 days after receiving the notice.
21An entity doing business in this state that receives a notice described in this
22paragraph shall keep the notice for the period prescribed by the department and
23shall submit the notice to the department at the department's request. An entity that
24fails to submit the notice is subject to the penalties under pars. (a) and (b).
SB404,5,2
1(3) Rules. The department shall promulgate rules to implement and
2administer this section.
SB404,5,5 3(4) Review. A determination of ineligibility under sub. (2) (a) and the
4imposition of any penalty under sub. (2) (b) are subject to review under subch. 111
5of ch. 227.
SB404,5,66 (End)
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