LRB-4630/1
GMM:jld:ph
2009 - 2010 LEGISLATURE
April 6, 2010 - Introduced by Senators Risser and Lassa, cosponsored by
Representatives Pocan and Sinicki. Referred to Committee on Labor,
Elections and Urban Affairs.
SB669,1,6
1An Act to amend 71.63 (3) (d), 102.07 (8) (d), 108.24 (2m) and 111.327 of the
2statutes;
relating to: willful misclassification of an employee as a
3nonemployee by a person engaged in the painting or drywall finishing of
4buildings or other structures with intent to evade the laws related to income tax
5withholding, worker's compensation, unemployment insurance, or
6employment discrimination and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, any employer engaged in the construction of roads, bridges,
highways, sewers, water mains, utilities, public buildings, factories, housing, or
similar construction projects who misclassifies an employee as a nonemployee
willfully and with intent to evade any requirement of the laws relating to income tax
withholding, worker's compensation, unemployment insurance, or employment
discrimination is subject to a $25,000 fine for each violation. This bill applies that
fine to any person engaged in the painting or drywall finishing of buildings or other
structures who willfully and with intent to evade any of those laws misclassifies an
employee as a nonemployee.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
SB669,2,53
71.63
(3) (d) With regard to ss. 71.65 (6), "employer" means a person described
4in s. 108.18 (2) (c)
or a person engaged in the painting or drywall finishing of
5buildings or other structures.
SB669,2,128
102.07
(8) (d) Any employer described in s. 108.18 (2) (c)
or engaged in the
9painting or drywall finishing of buildings or other structures who willfully and with
10intent to evade any requirement of this chapter misclassifies or attempts to
11misclassify an individual who is an employee of the employer as a nonemployee shall
12be fined $25,000 for each violation.
SB669,2,1915
108.24
(2m) Any employer described in s. 108.18 (2) (c)
or engaged in the
16painting or drywall finishing of buildings or other structures who willfully provides
17false information to the department for the purpose of misclassifying or attempting
18to misclassify an individual who is an employee of the employer as a nonemployee
19shall be fined $25,000 for each violation.
SB669,3,8
1111.327 Construction contractors. Any employer described in s. 108.18 (2)
2(c)
or engaged in the painting or drywall finishing of buildings or other structures 3who willfully and with intent to evade any requirement of this subchapter
4misclassifies or attempts to misclassify an individual who is an employee of the
5employer as a nonemployee shall be fined $25,000 for each violation. The
6department shall promulgate rules defining what constitutes a willful
7misclassification of an employee as a nonemployee for purposes of this section and
8of ss. 102.07 (8) (d) and 108.24 (2m).
