Wisconsin 2019-2020 Regular Session Status: In Committee 4 R cosponsors

SB 151 — Relating to: prohibiting local ordinances, resolutions, and policies that prohibit the enforcement of federal or state law relating to illegal aliens or immigration status, authorizing certain elective officeholders to commence an enforcement action, providing a reduction in shared revenue payments, and creating governmental liability for damages caused by illegal aliens. (FE)

Last action — Failed to pass pursuant to Senate Joint Resolution 1

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

92 added · 12 removed

Plain-language change summary

The amendments made to Senate Bill 151 clarify who can initiate enforcement actions if local governments don't comply with federal or state immigration laws. Originally, only certain officials like the attorney general or sheriffs could take action, but now residents of the political subdivisions can also file complaints if they believe their local government is not following the law. This change gives more power to individuals in the community to hold local authorities accountable for adhering to immigration laws, which is significant for ensuring compliance and addressing concerns about local enforcement.

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- 2020 LEGISLATURE LRBa0592/1 MES:cdc SENATE AMENDMENT 1, TO SENATE BILL 151 December 4, 2019 - Offered by SenatoASS.
- 2020 LEGISLATURE LRB-2288/1 MES:amn SENATE BILL 151 April 4, 2019 - Introduced by SenatorsASS, RAIG, WANGGAARD , JACQUE, STROEBEL and K APENGA , cosponsored by Representatives S PIROS, AUGUST , EDMING , KUGLITSCH , MURPHY, NEYLON , AMTHUN , ANFELIPPO , KOWRONSKI , SORTWELL , THIESFELDT, TUSLER and W ICHGERS .
At the locations indicated, amend the bill as follows:
Referred to Committee on Labor and Regulatory Reform.
A N A CT to create 66.0414 of the statutes;
relating to:
prohibiting local ordinances, resolutions, and policies that prohibit the enforcement of federal or state law relating to illegal aliens or immigration status, authorizing certain elective officeholders to commence an enforcement action, providing a reduction in shared revenue payments, and creating governmental liability for damages caused by illegal aliens.
Analysis by the Legislative Reference Bureau This bill prohibits a city, village, town, or county from enacting or enforcing an ordinance, resolution, or policy that prohibits the enforcement of a federal or state law relating to illegal aliens or ascertaining whether an individual has satisfactory immigration status.
The bill also requires a political subdivision to comply with a lawful detainer that is issued by U.S.
Immigration and Customs Enforcement, and authorizes the attorney general or the appropriate district attorney or sheriff to file a writ of mandamus with the circuit court to require compliance with the requirements created by the bill if he or she believes that the political subdivision is failing to comply with the requirements.
If a court finds that a political subdivision has failed to comply, the department of revenue must reduce the political subdivision's shared revenue payments in the next year by $500 to $5,000, depending on the political subdivision's population, for each day of noncompliance.
Also under the bill, if a court makes such a finding, the political subdivision is liable for any damages caused by an illegal alien.
- 2020 Legislature - 2 - LRB-2288/1 MES:amn SENATE BILL 151 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.
66.0414 of the statutes is created to read:
66.0414 Local ordinances, immigration status, illegal aliens.
(1) DEFINITIONS.
In this section:
(a) “Illegal alien" means an individual who is not a U.S.
citizen and who is not lawfully present in the United States.
(b) “Political subdivision" means a city, village, town, or county.
(c) “Satisfactory immigration status" means immigration status under which an individual who is not a U.S.
citizen is lawfully present in this country.
(2) ENFORCEMENT OF FEDERAL OR STATE LAW.(a) A political subdivision may not enact an ordinance, adopt a resolution, or establish a policy that prohibits the enforcement of a federal or state law relating to any of the following:
Page 2, line 21:
Illegal aliens.
delete that line and substitute “(2) (a) or (c), or if a resident of a political subdivision believes that the political subdivision in which the resident resides is failing to comply with the requirements of sub.
(2) (a) or (c), the attorney general, or the district attorney, sheriff, or resident with the”.
Page 3, line 1:
Ascertaining whether an individual has satisfactory immigration status.
after “jurisdiction" insert “or place of residence".
(b) If a political subdivision has in effect on the effective date of this paragraph ....
[LRB inserts date], an ordinance, resolution, or policy that is inconsistent with par.
(a), the ordinance, resolution, or policy does not apply and may not be enforced.
(c) A political subdivision shall comply with any lawful detainer issued by U.S.
immigration and customs enforcement.
(3) ENFORCEMENT .
(a) If the attorney general, a district attorney, or a sheriff believes that a political subdivision is failing to comply with the requirements of sub.
(2) (a) or (c), the attorney general, or the district attorney or sheriff with the LRB-2288/1 - 2020 Legislature - 3 - MES:amn SECTION 1 SENATE BILL 151 appropriate jurisdiction, may file a writ of mandamus with the circuit court for the county where the alleged failure to comply with sub.
(2) (a) or (c) occurred to compel the noncomplying political subdivision to comply with the requirements.
(b) If the court finds that the political subdivision has failed to comply with sub.
(2) (a) or (c), upon notification by the circuit court, the department of revenue shall reduce the amount of the shared revenue payments to the political subdivision under subch.
I of ch.
79 in the following year by one of the following amounts for each day after the filing of an action under par.
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(a) that the political subdivision was noncompliant, as determined by the circuit court and subject to par.
(d):
1.
If the population of the political subdivision is less than 10,000, $500.
2.
If the population of the political subdivision is at least 10,000 but less than 100,000, $1,000.
3.
If the population of the political subdivision is at least 100,000 but less than 250,000, $2,000.
4.
If the population of the political subdivision is 250,000 or more, $5,000.
(c) If the court finds that the political subdivision has failed to comply with sub.
(2) (a) or (c), the political subdivision shall be liable for damages to an individual or property caused by an illegal alien.
(d) The reduction calculated under par.
(b) may not exceed the total payments that would otherwise be received by a political subdivision under ss.
79.035, 79.04, and 79.05.
SECTION 2.0Initial applicability.
(1) The treatment of s.
66.0414 (3) (c) first applies to damages that are caused on the day on which the court makes a finding described in that paragraph.
- 2020 Legislature - 4 - LRB-2288/1 MES:amn SENATE BILL 151 SECTION 2 (2) The treatment of s.
66.0414 (3) (b) first applies to shared revenue distributions that are made in 2020.
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Action History

  1. Failed to pass pursuant to Senate Joint Resolution 1

  2. Available for scheduling

  3. Report passage as amended recommended by Committee on Labor and Regulatory Reform, Ayes 3, Noes 2

  4. Report adoption of Senate Amendment 1 recommended by Committee on Labor and Regulatory Reform, Ayes 3, Noes 2

  5. Executive action taken

  6. Public hearing held

  7. Senate Amendment 1 offered by Senator Nass

  8. Fiscal estimate received

  9. Read first time and referred to Committee on Labor and Regulatory Reform

  10. Introduced by Senators Nass, Craig, Wanggaard, Jacque, Stroebel and Kapenga; cosponsored by Representatives Spiros, August, Edming, Kuglitsch, Murphy, Neylon, Ramthun, Sanfelippo, Skowronski, Sortwell, Thiesfeldt, Tusler and Wichgers

Sponsors

Sponsorship breakdown

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6 sponsors · 0 co-sponsors · 126 not signed on

Sponsors (6)

Co-sponsors (0)

None.

Not signed on (126)

126 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 151?
SB 151 is sponsored by Craig, Stroebel, Kapenga, Chris (Republican), Jacque, André (Republican), Wanggaard, Van (Republican), and Nass, Steve (Republican).
What is the current status of SB 151?
This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 151?
Track SB 151 free on One Click Politics — get push/email alerts when it moves.

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