LRB-4061/1
GMM:jld:rs
2005 - 2006 LEGISLATURE
February 1, 2006 - Introduced by Senators Hansen, Erpenbach and A. Lasee,
cosponsored by Representatives
Van Akkeren, Sheridan, Zepnick and
Pope-Roberts. Referred to Committee on Job Creation, Economic
Development and Consumer Affairs.
SB545,1,3
1An Act to amend 66.0903 (10) (c) and 103.49 (5) (c) of the statutes;
relating to:
2inspection of the payroll records of contractors, subcontractors, and agents
3performing work on projects that are subject to the prevailing wage law.
Analysis by the Legislative Reference Bureau
Under current law, certain laborers, workers, mechanics, and truck drivers
employed on a state or local project of public works must be paid at the rate paid for
a majority of the hours worked in the person's trade or occupation in the county in
which the project is located (prevailing wage law). Current law requires the
Department of Workforce Development (DWD), if requested by any person, to inspect
the payroll records of any contractor, subcontractor, or agent performing work on a
project that is subject to the prevailing wage law to ensure compliance with that law.
If the contractor, subcontractor, or agent is found to be in compliance with that law
and if the person making the request is a person performing work that is subject to
that law, DWD must charge the person the actual cost of the inspection. If the
contractor, subcontractor, or agent is found to be in compliance with that law and if
the person making the request is not a person performing work that is subject to that
law, DWD must charge the person $250 or the actual cost of the inspection, whichever
is greater.
This bill requires DWD to charge a person making a request for the inspection
of the payroll records of a contractor, subcontractor, or agent performing work on a
project that is subject to the prevailing wage law only if DWD finds that the
contractor, subcontractor, or agent is in compliance with that law and that the
request is frivolous. In order to find that a request is frivolous, DWD must find that
the person making the request made the request in bad faith, solely for the purpose
of harassing or maliciously injuring the contractor, subcontractor, or agent, or that
the person making the request knew, or should have known, that there was no
reasonable basis for believing that a violation of the prevailing wage law had been
committed.
For further information see the state 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:
SB545, s. 1
1Section
1. 66.0903 (10) (c) of the statutes is amended to read:
SB545,3,22
66.0903
(10) (c) If requested by any person, the department shall inspect the
3payroll records of any contractor, subcontractor
, or agent performing work on a
4project that is subject to this section to ensure compliance with this section.
If In the
5case of a request made by a person performing the work specified in sub. (4), if the
6department finds that the contractor, subcontractor
, or agent subject to the
7inspection is
found to be in compliance and
if the person making the request is a
8person performing the work specified in sub. (4) that the request if frivolous, the
9department shall charge the person making the request the actual cost of the
10inspection.
If In the case of a request made by a person not performing the work
11specified in sub. (4), if the department finds that the contractor, subcontractor
, or
12agent subject to the inspection is
found to be in compliance and
if the person making
13the request is not a person performing the work specified in sub. (4) that the request
14is frivolous, the department shall charge the person making the request $250 or the
15actual cost of the inspection, whichever is greater.
In order to find that a request is
16frivolous, the department must find that the person making the request made the
17request in bad faith, solely for the purpose of harassing or maliciously injuring the
18contractor, subcontractor, or agent subject to the inspection, or that the person
1making the request knew, or should have known, that there was no reasonable basis
2for believing that a violation of this section had been committed.
SB545, s. 2
3Section
2. 103.49 (5) (c) of the statutes is amended to read:
SB545,3,224
103.49
(5) (c) If requested by any person, the department shall inspect the
5payroll records of any contractor, subcontractor
, or agent performing work on a
6project that is subject to this section to ensure compliance with this section.
If In the
7case of a request made by a person performing the work specified in sub. (2m), if the
8department finds that the contractor, subcontractor
, or agent subject to the
9inspection is
found to be in compliance and
if the person making the request is a
10person performing the work specified in sub. (2m) that the request is frivolous, the
11department shall charge the person making the request the actual cost of the
12inspection.
If In the case of a request made by a person not performing the work
13specified in sub. (2m), if the department finds that the contractor, subcontractor
, or
14agent subject to the inspection is
found to be in compliance and
if the person making
15the request is not a person performing the work specified in sub. (2m) that the
16request is frivolous, the department shall charge the person making the request $250
17or the actual cost of the inspection, whichever is greater.
In order to find that a
18request is frivolous, the department must find that the person making the request
19made the request in bad faith, solely for the purpose of harassing or maliciously
20injuring the contractor, subcontractor, or agent subject to the inspection, or that the
21person making the request knew, or should have known, that there was no
22reasonable basis for believing that a violation of this section had been committed.
SB545,4,2
1(1)
Inspection of payroll records. This act first applies to requests for the
2inspection of payroll records made on the effective date of this subsection.
