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- 2026 LEGISLATURE 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 .
Date of enactment:
Referred to Committee on Commerce.
Assembly Bill 281 Date of publication*:
A N A CT to amend 16.75 (1) (a) 1.
WISCONSIN ACT A N A CT to amend 16.75 (1) (a) 1.
Analysis by the Legislative Reference Bureau State procurement Under current law, the Department of Administration, the legislature, the judiciary, and state authorities may purchase all necessary materials and contract for services.
The people of the state of Wisconsin, represented in sen- (b) The department, a designated purchasing agent ate and assembly, do enact as follows:
Current law also generally authorizes DOA to contract for construction work when the project cost is estimated to exceed $50,000.
under s.
With some exceptions, such purchases or contracts must be awarded to the lowest bidder.
16.71, an agency making purchases under s.
This bill creates a new 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, by using the Federal Employment Eligibility Verification Program (E-Verify Program), that all of its employees are eligible to work in the United States or that employs an individual after the E-Verify Program identifies that the individual is not eligible to work in the United States.
16.74, and any authority may not enter into a contract or SECTION 1.
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.
16.75 (1) (a) 1.
order for the purchase of materials, supplies, equipment, 16.75 (1) (a) 1.
All orders awarded or contracts made by the department for all materials, supplies, equipment, and contractual services to be provided to any agency, except as otherwise provided in par.
All orders awarded or contracts or contractual services with any of the following:
(c) and subs.
made by 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 not enrolled in the federal employment eligibility verification program.
(e), an employer that is equipment, and contractual services to be provided to not enrolled in the federal employment eligibility verifi- any agency, except as otherwise provided in par.
2.
(c) and cation program.
An 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.
subs.
(c) If the department, a designated purchasing agent under s.
(2), (2g), (2m), (3m), (3t), (6), (7), (8), (9), (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.
16.74, or any authority discovers that it has entered into a contract or order that violates par.
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 terminate the contract or order without liability for the uncompleted portion or any materials or services purchased or paid for by the employer for use in completing the contract or order.
(b), it shall termi- the purposes for which they are required and the date of delivery.
(d) All contracts entered into under this section must contain written notification of the requirements in this subsection and a place for the employer that is awarded the contract to sign indicating that the employer is in compliance with the requirements.
nate the contract or order without liability for the un- SECTION 2.
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.
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States.
does not apply if the federal employment eligibility verification program is discontinued.
does not apply if the federal em- ernor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” Wisconsin Act - 2 - 2025 Assembly Bill 281 ployment eligibility verification program is 66.05025 Employment eligibility verification.
S ECTION 3.
(1) discontinued.
D EFINITIONS .
In this section:
(a) “Federal employment eligibility verification SECTION 3.
16.855 (1m) The department shall let by contract to the lowest qualified responsible bidder all construction work when the estimated construction cost of the project exceeds $50,000, except for construction work authorized under s.
program” has the meaning given in s.
- 2026 Legislature - 4 - LRB-3058/1 MIM:cdc ASSEMBLY BILL 281 SECTION 3 16.858 and except as provided in sub.
16.75 (10r) (a).
(1r) or (10m) or s.
16.855 (1m) The department shall let by contract to (b) “Local governmental unit” has the meaning the lowest qualified responsible bidder all construction given in s.
66.0131 (1) (a).
(2) V ERIFICATION REQUIREMENTS .
A local govern- work when the estimated construction cost of the project exceeds $50,000, except for construction work autho- mental unit that intends to hire an employee on or after rized under s.
16.858 and except as provided in sub.
(1r) the effective date of this subsection ....
[LRB inserts or (10m) or s.
Beginning in fiscal year 2023-24, this amount is $100,000.
Beginning in fiscal date], shall verify the individual’s identity under the fed- eral employment eligibility verification program.
If factors other than dollar amounts are required to be evaluated for a project, the department shall specify a formula that will convert the other factors into a dollar value for comparison.
A lo- year 2023-24, this amount is $100,000.
S ECTION 4.
If factors other cal governmental unit may not offer employment to any than dollar amounts are required to be evaluated for a project, the department shall specify a formula that will individual who is identified under the federal employ- convert the other factors into a dollar value for ment eligibility verification program as ineligible to work in the United States.
comparison.
(3) This section does not apply if the federal em- SECTION 4.
(1) In this section “federal employment eligibility verification program” has the meaning given in s.
(1) ployment eligibility verification program is In this section “federal employment eligibility verifica- discontinued.
SECTION 6.
230.144 of the statutes is created to tion program” has the meaning given in s.
16.75 (10r) read:
(a).
230.144 Employment eligibility verification pro- (2) The department may not let any construction work by contract under s.
16.855 (1m) to any of the gram.
(1) In this section “federal employment eligibil- ity verification program” has the meaning given in s.
following:
(2) The department may not let any construction work by contract under s.
16.855 (1m) to any of the following:
(4), an employer that is not enrolled in the federal employment eligibility verification program.
(4), an employer that (2) Beginning on the effective date of this subsec- is not enrolled in the federal employment eligibility ver- tion ....
(b) An 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.
[LRB inserts date], an agency shall verify under ification program.
(b) An employer that knowingly employs an indi- the federal employment eligibility verification program the identity of each individual that it intends to appoint vidual who has been identified by the federal employ- to a position by enrolling in the federal employment eli- ment eligibility verification program as ineligible to gibility verification program.
An agency may not offer work in the United States.
16.855 (1m) must contain written notification of the requirements in this section and a place for the employer that is awarded the contract to sign indicating that the employer is in compliance with the requirements.
16.855 (1m) must con- employment to any individual who is identified under the federal employment eligibility verification program tain written notification of the requirements in this sec- as ineligible to work in the United States.
(4) Subsection (2) (a) does not apply if the federal employment eligibility verification program is discontinued.
tion and a place for the employer that is awarded the (3) This section does not apply if the federal em- contract to sign indicating that the employer is in com- ployment eligibility verification program is pliance with the requirements.
S ECTION 5.
discontinued.
66.05025 of the statutes is created to read:
(4) Subsection (2) (a) does not apply if the federal SECTION 7.
- 2026 Legislature - 5 - LRB-3058/1 MIM:cdc ASSEMBLY BILL 281 SECTION 5 66.05025 Employment eligibility verification.
(1) DEFINITIONS.
In this section:
(a) “Federal employment eligibility verification program” has the meaning given in s.
16.75 (10r) (a).
(b) “Local governmental unit” has the meaning given in s.
66.0131 (1) (a).
(2) VERIFICATION REQUIREMENTS .
A local governmental unit that intends to hire an employee on or after the effective date of this subsection ....
[LRB inserts date], shall verify the individual’s identity under the federal employment eligibility verification program.
A local governmental unit may not offer employment to any individual who is identified under the federal employment eligibility verification program as ineligible to work in the United States.
(3) This section does not apply if the federal employment eligibility verification program is discontinued.
SECTION 6.
230.144 of the statutes is created to read:
230.144 Employment eligibility verification program.
(1) In this section “federal employment eligibility verification program” has the meaning given in s.
16.75 (10r) (a).
(2) Beginning on the effective date of this subsection ....
[LRB inserts date], an agency shall verify under the federal employment eligibility verification program the identity of each individual that it intends to appoint to a position by enrolling in the federal employment eligibility verification program.
An agency may not offer employment to any individual who is identified under the federal employment eligibility verification program as ineligible to work in the United States.
- 2026 Legislature - 6 - LRB-3058/1 MIM:cdc ASSEMBLY BILL 281 SECTION 6 (3) This section does not apply if the federal employment eligibility verification program is discontinued.
S ECTION 7.
(1) STATE PROCUREMENT AND CONSTRUCTION CONTRACTS .
employment eligibility verification program is (1) STATE PROCUREMENT AND CONSTRUCTION discontinued.
CONTRACTS .
16.75 (10r) and 16.856 first applies to a contract or order that is entered into on the effective date of this subsection.
16.75 (10r) and SECTION 5.
(END )
66.05025 of the statutes is created to 16.856 first applies to a contract or order that is entered read:
into on the effective date of this subsection.
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