Legislature(2005 - 2006)BELTZ 211
03/24/2005 02:00 PM Senate LABOR & COMMERCE
Audio | Topic |
---|---|
Start | |
SB137 | |
SB140 | |
SB2 | |
SB130 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+= | SB 2 | TELECONFERENCED | |
= | SB 130 | ||
= | SB 140 | ||
= | SB 137 | ||
SB 2-LIEN REQUIREMENTS CHAIR CON BUNDE announced SB 2 to be up for consideration. SENATOR BEN STEVENS moved to adopt CSSB 2(L&C), version Y, for discussion. CHAIR BUNDE objected for discussion purposes. SENATOR GUESS, sponsor, explained that the change can be found on page 2, lines 17 through 19. The Department of Labor and Workforce Development (DOLWD) requested another exemption, their wage claim and wage assignment process. CHAIR BUNDE removed his objection and the CS was adopted. 2:14:41 PM SENATOR GUESS said SB 2 came from constituents. Right now a person does not have to show that they had an agreement with the owner of a property before filing a lien and the onus is on the owner to try to undo the lien. She tried to balance the importance of taking care of labor with what an owner has to do in responding to a lien. SB 2 asks that either a contract or other documentation showing there is a contract for the work be presented when a lien is filed. If you don't have that, you can get a court order that shows the existence of lien. Often laborers go to the DOLWD that goes through a process that says you should have been paid. The department requested the amendment to protect its ability to file a lien against employers after it had investigated claims of non-payment in wages. Her goal was to stop the frivolous liens. 2:16:46 PM SENATOR STEVENS asked if language saying "wage claim" or "wage assignment" is boiler-plate and would the Department of Labor now be able to go after a contractor for assignments of a wage. SENATOR GUESS replied that the department's process determines that a wage needs to be paid, but Mr. Mitchell would explain that. 2:18:31 PM GREY MITCHELL, Director, Division of Labor Standards and Safety, explained: It's simply a terminology issue. A wage claim is the same thing as a wage assignment, essentially. The people at Legislative Legal, when they were wrangling, wanted to include both terms. So an assignment basically means that someone has assigned their wage claim to the Department of Labor and Workforce Development, which means that we have the authority to act on their behalf. 2:19:26 PM CHAIR BUNDE asked if someone has child support to claim, would they use this vehicle. MR. MITCHELL replied that it applies just to wage claims assignments. SENATOR STEVENS asked if a garnishment is not considered an assignment. MR. MITCHELL replied that's true. 2:20:11 PM CHAIR BUNDE asked if this bill applies to a situation where someone who is undercapitalized builds a building, doesn't pay the suppliers, leaves town, files bankruptcy so he's not available to pay his bills and the supply company puts a lien on the home. MR. MITCHELL replied that he wasn't sure since it's not a labor- related question, but he thought the supplier would have to come forward with a contract or judgment to file a lien. 2:20:51 PM CHAIR BUNDE said the contractors' bonds are $10,000, which hasn't been changed in a long time and he asked if now would be a good time to discuss changing it. MR. MITCHELL replied that that would be up to the committee. CHAIR BUNDE asked Senator Guess if she thought this was a good time to review the bonding amount and if her bill covered his concern about builders who are undercapitalized and the homeowner gets the lien because of it. 2:21:31 PM SENATOR GUESS replied that she hadn't considered it, but would be more than willing to. In this bill, they would have to show an agreement with the property owner, not with the middle person. She promised to give it and the bond requirement more thought. 2:22:34 PM SENATOR GUESS said for the record, she asked to postpone the hearing so she could meet with the laborer's community and the Homebuilders' Association who have no problems with the bill. CHAIR BUNDE set SB 2 aside for the time being.
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