AB 281 — Relating to: the employment eligibility verification program and granting rule-making authority. (FE)

-Date 2026of LEGISLATUREenactment: LRB-3058/1 MIM:cdc ASSEMBLY BILL 281 May 30, 2025 - Introduced by Representatives P IWOWARCZYK , BRILL, BROOKS , DITTRICH, GOEBEN , KNODL , KREIBICH, M AXEY, MELOTIK , MURPHY , MURSAU , STEFFEN and W ICHGERS , cosponsored by Senators IMBERGER , JAGLER, NASS and TOMCZYK .

ReferredAssembly toBill Committee281 onDate Commerce.of publication*:

WISCONSIN ACT A N A CT to amend 16.75 (1) (a) 1.

AnalysisThe bypeople theof Legislative Reference Bureau State procurement Under current law, the Departmentstate of Administration,Wisconsin, therepresented legislature,in thesen- judiciary,(b) andThe statedepartment, authoritiesa maydesignated purchasepurchasing allagent necessaryate materials and contractassembly, fordo services.enact as follows:

Currentunder laws. also generally authorizes DOA to contract for construction work when the project cost is estimated to exceed $50,000.

With16.71, somean exceptions,agency suchmaking purchases orunder contractss. must be awarded to the lowest bidder.

This16.74, billand createsany aauthority newmay exception to the lowest-bidder award by prohibiting the state from purchasing or contracting for materials or services with an employer that does not verify,enter byinto usinga thecontract Federal Employment Eligibility Verification Program (E-Verify Program), that all of its employees are eligible to work in the United States or thatSECTION employs1. an individual after the E-Verify Program identifies that the individual is not eligible to work in the United States.

The E-Verify Program is a system operated by the federal Department of Homeland Security and the federal Social Security Administration that allows an employer to enroll in the system and verify that its employees are eligible to work in the United States.

- 2026 Legislature - 2 - LRB-3058/1 MIM:cdc ASSEMBLY BILL 281 SECTION 1 State government and local government employment practices This bill provides that a state government agency or local governmental unit that intends to hire an employee after the bill’s effective date must verify the individual’s identity under the E-Verify Program.

A state government agency or local governmental unit may not offer employment to any individual who is identified under the E-Verify Program as ineligible to work in the United States.

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:

SECTION 1.

order for the purchase of materials, supplies, equipment, 16.75 (1) (a) 1.

All orders awarded or contracts madeor by the department for all materials, supplies, equipment, and contractual services towith be provided to any agency,of exceptthe asfollowing: otherwise provided in par.

(c)made andby subs.the department for all materials, supplies, 1.

(2), (2g), (2m), (3m), (3t), (6), (7), (8), (9), (10e), (10m), and (10p), and (10r) and ss.

16.705 (1r), 16.73 (4) (a), 16.751, 16.754, 50.05 (7) (f), 153.05 (2m) (a), 165.987, and 287.15 (7), shall be awarded to the lowest responsible bidder, taking into consideration life cycle cost estimates under sub.

(1m), when appropriate, the location of the agency, the quantities of the articles to be supplied, their conformity with the specifications, and the purposes for which they are required and the date of delivery.

SECTION 2.

16.75 (10r) of the statutes is created to read:

16.75 (10r) (a) In this subsection “federal employment eligibility verification program” means the system operated by the federal department of homeland security and the federal social security administration that allows an employer to enroll in the system and verify that its employees are eligible to work in the United States.

(b) The department, a designated purchasing agent under s.

16.71, an agency - 2026 Legislature - 3 - LRB-3058/1 MIM:cdc ASSEMBLY BILL 281 SECTION 2 making purchases under s.

16.74, and any authority may not enter into a contract or order for the purchase of materials, supplies, equipment, or contractual services with any of the following:

1.

(e), an employer that is equipment, and contractual services to be provided to not enrolled in the federal employment eligibility verificationverifi- program.any agency, except as otherwise provided in par.

2.(c) and cation program.

Ansubs. employer that knowingly employs an individual who has been identified by the federal employment eligibility verification program as ineligible to work in the United States.

(c)(2), If(2g), the(2m), department,(3m), a(3t), designated(6), purchasing(7), agent(8), under(9), s.(10e), 2.

An employer that knowingly employs an individ- (10m), and (10p), and (10r) and ss.

16.705 (1r), 16.73 ual who has been identified by the federal employment (4) (a), 16.751, 16.754, 50.05 (7) (f), 153.05 (2m) (a), eligibility verification program as ineligible to work in 165.987, and 287.15 (7), shall be awarded to the lowest the United States.

responsible bidder, taking into consideration life cycle cost estimates under sub.

(1m), when appropriate, the (c) If the department, a designated purchasing agent under s.

location of the agency, the quantities of the articles to be 16.74, or any authority discovers that it has entered into supplied, their conformity with the specifications, and a contract or order that violates par.

(b), it shall terminatetermi- the contractpurposes or order without liability for thewhich uncompletedthey portionare orrequired anyand materials or services purchased or paid for by the employerdate forof usedelivery. in completing the contract or order.

(d)nate All contracts entered into under this section must contain written notification of the requirementscontract inor thisorder subsectionwithout andliability a place for the employerun- thatSECTION is2. awarded the contract to sign indicating that the employer is in compliance with the requirements.

16.75 (10r) of the statutes is created to completed portion or any materials or services pur- read:

chased or paid for by the employer for use in completing the contract or order.

16.75 (10r) (a) In this subsection “federal employ- (d) All contracts entered into under this section ment eligibility verification program” means the system operated by the federal department of homeland secu- must contain written notification of the requirements in rity and the federal social security administration that this subsection and a place for the employer that is allows an employer to enroll in the system and verify awarded the contract to sign indicating that the employer that its employees are eligible to work in the United is in compliance with the requirements.