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2025 - 2026 LEGISLATURE
LRB-0512/1
MIM:cdc
May 30, 2025 - Introduced by Senators Wimberger, Jagler, Nass and Tomczyk, cosponsored by Representatives Piwowarczyk, Brill, Brooks, Dittrich, Goeben, Knodl, Kreibich, Maxey, Melotik, Murphy, Mursau, Steffen and Wichgers. Referred to Committee on Government Operations, Labor and Economic Development.
SB287,1,3
1An Act to amend 16.75 (1) (a) 1. and 16.855 (1m); to create 16.75 (10r), 16.856,
266.05025 and 230.144 of the statutes; relating to: the employment eligibility
3verification program and granting rule-making authority.
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. Current law also generally authorizes DOA to contract for construction work when the project cost is estimated to exceed $50,000. With some exceptions, such purchases or contracts must be awarded to the lowest bidder.
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. 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.
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 bills effective date must verify the individuals 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:
SB287,1
1Section 1. 16.75 (1) (a) 1. of the statutes is amended to read:
SB287,2,10216.75 (1) (a) 1. All orders awarded or contracts made by the department for all
3materials, supplies, equipment, and contractual services to be provided to any
4agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t),
5(6), (7), (8), (9), (10e), (10m), and (10p), and (10r) and ss. 16.705 (1r), 16.73 (4) (a),
616.751, 16.754, 50.05 (7) (f), 153.05 (2m) (a), 165.987, and 287.15 (7), shall be
7awarded to the lowest responsible bidder, taking into consideration life cycle cost
8estimates under sub. (1m), when appropriate, the location of the agency, the
9quantities of the articles to be supplied, their conformity with the specifications,
10and the purposes for which they are required and the date of delivery.
SB287,211Section 2. 16.75 (10r) of the statutes is created to read:
SB287,2,161216.75 (10r) (a) In this subsection federal employment eligibility verification
13program means the system operated by the federal department of homeland
14security and the federal social security administration that allows an employer to
15enroll in the system and verify that its employees are eligible to work in the United
16States.
SB287,3,317(b) The department, a designated purchasing agent under s. 16.71, an agency

1making purchases under s. 16.74, and any authority may not enter into a contract
2or order for the purchase of materials, supplies, equipment, or contractual services
3with any of the following:
SB287,3,541. Except as provided in par. (e), an employer that is not enrolled in the federal
5employment eligibility verification program.
SB287,3,862. An employer that knowingly employs an individual who has been identified
7by the federal employment eligibility verification program as ineligible to work in
8the United States.
SB287,3,139(c) If the department, a designated purchasing agent under s. 16.71, an
10agency making purchases under s. 16.74, or any authority discovers that it has
11entered into a contract or order that violates par. (b), it shall terminate the contract
12or order without liability for the uncompleted portion or any materials or services
13purchased or paid for by the employer for use in completing the contract or order.
SB287,3,1714(d) All contracts entered into under this section must contain written
15notification of the requirements in this subsection and a place for the employer that
16is awarded the contract to sign indicating that the employer is in compliance with
17the requirements.
SB287,3,1918(e) Paragraph (b) 1. does not apply if the federal employment eligibility
19verification program is discontinued.
SB287,320Section 3. 16.855 (1m) of the statutes is amended to read:
SB287,4,52116.855 (1m) The department shall let by contract to the lowest qualified
22responsible bidder all construction work when the estimated construction cost of
23the project exceeds $50,000, except for construction work authorized under s.

116.858 and except as provided in sub. (1r) or (10m) or s. 13.48 (19) or 16.856.
2Beginning in fiscal year 2023-24, this amount is $100,000. If factors other than
3dollar amounts are required to be evaluated for a project, the department shall
4specify a formula that will convert the other factors into a dollar value for
5comparison.
SB287,46Section 4. 16.856 of the statutes is created to read:
SB287,4,9716.856 Employment eligibility verification. (1) In this section federal
8employment eligibility verification program has the meaning given in s. 16.75
9(10r) (a).
SB287,4,1110(2) The department may not let any construction work by contract under s.
1116.855 (1m) to any of the following:
SB287,4,1312(a) Except as provided in sub. (4), an employer that is not enrolled in the
13federal employment eligibility verification program.
SB287,4,1614(b) An employer that knowingly employs an individual who has been
15identified by the federal employment eligibility verification program as ineligible to
16work in the United States.
SB287,4,2017(3) All contracts let under s. 16.855 (1m) must contain written notification of
18the requirements in this section and a place for the employer that is awarded the
19contract to sign indicating that the employer is in compliance with the
20requirements.
SB287,4,2221(4) Subsection (2) (a) does not apply if the federal employment eligibility
22verification program is discontinued.
SB287,523Section 5. 66.05025 of the statutes is created to read:
SB287,5,2
166.05025 Employment eligibility verification. (1) Definitions. In this
2section:
SB287,5,43(a) Federal employment eligibility verification program has the meaning
4given in s. 16.75 (10r) (a).
SB287,5,55(b) Local governmental unit has the meaning given in s. 66.0131 (1) (a).
SB287,5,116(2) Verification requirements. A local governmental unit that intends to
7hire an employee on or after the effective date of this subsection .... [LRB inserts
8date], shall verify the individuals identity under the federal employment eligibility
9verification program. A local governmental unit may not offer employment to any
10individual who is identified under the federal employment eligibility verification
11program as ineligible to work in the United States.
SB287,5,1312(3) This section does not apply if the federal employment eligibility
13verification program is discontinued.
SB287,614Section 6. 230.144 of the statutes is created to read:
SB287,5,1715230.144 Employment eligibility verification program. (1) In this
16section federal employment eligibility verification program has the meaning
17given in s. 16.75 (10r) (a).
SB287,5,2318(2) Beginning on the effective date of this subsection .... [LRB inserts date], an
19agency shall verify under the federal employment eligibility verification program
20the identity of each individual that it intends to appoint to a position by enrolling in
21the federal employment eligibility verification program. An agency may not offer
22employment to any individual who is identified under the federal employment
23eligibility verification program as ineligible to work in the United States.
SB287,6,2
1(3) This section does not apply if the federal employment eligibility
2verification program is discontinued.
SB287,73Section 7. Initial applicability.
SB287,6,64(1) State procurement and construction contracts. The treatment of ss.
516.75 (10r) and 16.856 first applies to a contract or order that is entered into on the
6effective date of this subsection.
SB287,6,77(end)
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