SENATE BILL REPORT

SB 5927

 

As Reported By Senate Committee On:

Labor, Commerce & Financial Institutions, January 29, 2002

 

Title:  An act relating to civil penalties for prevailing wage settlements.

 

Brief Description:  Requiring monetary penalties for prevailing wage settlements.

 

Sponsors:  Senators Costa, Prentice, Fairley and Kohl‑Welles.

 

Brief History: 

Committee Activity:  Labor, Commerce & Financial Institutions:  2/20/01, 2/22/01 [DP, DNP]; 1/17/02, 1/29/02 [DP, DNP].

SENATE COMMITTEE ON LABOR, COMMERCE & FINANCIAL INSTITUTIONS

 

Majority Report:  Do pass.

Signed by Senators Prentice, Chair; Keiser, Vice Chair; Fairley, Franklin, Gardner, Rasmussen, Regala and Winsley.

 

Minority Report:  Do not pass.

Signed by Senators Benton, Hochstatter and Honeyford.

 

Staff:  Jack Brummel (786‑7428)

 

Background:  The Department of Labor and Industries administers and enforces the state prevailing wage law.  The department investigates complaints and conducts hearings concerning nonpayment of the prevailing wage.  Upon a finding of a violation of the prevailing wage payment requirement, the department assesses civil penalties against contractors and subcontractors for  failure to pay.  The civil penalty for failing to pay prevailing wages is $1,000, or 20 percent of the total prevailing wage violation, whichever is greater.

 

Summary of Bill:  A contractor or subcontractor that settles a wage claim with the Department of Labor and Industries for failure to pay the prevailing rate of wage is subject to a civil penalty of not less than $1,000 or 20 percent of the total prevailing wage violation, whichever is greater.

 

Appropriation:  None.

 

Fiscal Note:  Available.

 

Effective Date:  Ninety days after adjournment of session in which bill is passed.

 

Testimony For:  Violators should not be getting off without a penalty.  The current system is an incentive to defraud.  The mandatory penalty will fix this.

 

Testimony Against:  None.

 

Testified:  PRO:  Roger Boatright, WA State Building and Construction Trades Council; Dick King, IBEW.