H-3249.1          _______________________________________________

 

                                  HOUSE BILL 2408

                  _______________________________________________

 

State of Washington              52nd Legislature             1992 Regular Session

 

By Representatives Heavey, Winsley, Franklin, Jacobsen, Jones, Orr, R. King, Prentice, G. Cole, Day and Dellwo

 

Read first time 01/16/92.  Referred to Committee on Commerce & Labor.Requiring public work bids to include wage and benefit information.


     AN ACT Relating to contract bid specifications; and amending RCW 39.12.030 and 49.48.040.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

     Sec. 1.  RCW 39.12.030 and 1989 c 12 s 9 are each amended to read as follows:

     The specifications for every contract for the construction, reconstruction, maintenance or repair of any public work to which the state or any county, municipality, or political subdivision created by its laws is a party, shall contain a provision stating the hourly minimum rate of wage, not less than the prevailing rate of wage, ((which may)) to be paid to each laborer((s)), worker((s)), or mechanic((s)) in each ((trade or occupation)) laborer, worker, or mechanic's proper work classification required for such public work employed in the performance of the contract either by the contractor, subcontractor, or other person doing or contracting to do the whole or any part of the work contemplated by the contract, and the contract shall contain a stipulation that ((such)) the laborers, workers, or mechanics shall be paid not less than such specified hourly minimum rate of wage.  The specifications under this section also shall include the appropriate fringe benefits, not less than the prevailing and applicable benefits, to be provided for each worker under the contract.

 

     Sec. 2.  RCW 49.48.040 and 1987 c 172 s 1 are each amended to read as follows:

     (1) The department of labor and industries may:

     (a) Upon obtaining information indicating an employer may be committing a violation under chapters 39.12, 49.46, and 49.48 RCW, conduct investigations to ensure compliance with chapters 39.12, 49.46, and 49.48 RCW;

     (b) Order the payment of all wages and benefits owed the workers and institute actions necessary for the collection of the sums determined owed; and

     (c) Take assignments of wage and benefit claims and prosecute actions for the collection of wages of persons who are financially unable to employ counsel when in the judgment of the director of the department the claims are valid and enforceable in the courts.

     (2) The director of the department or any authorized representative may, for the purpose of carrying out RCW 49.48.040 through 49.48.080:  (a) Issue subpoenas to compel the attendance of witnesses or parties and the production of books, papers, or records; (b) administer oaths and examine witnesses under oath; (c) take the verification of proof of instruments of writing; and (d) take depositions and affidavits.  If assignments for wage or benefit claims are taken, court costs shall not be payable by the department for prosecuting such suits.

     (3) The director shall have a seal inscribed "Department of Labor and Industries--State of Washington" and all courts shall take judicial notice of such seal.  Obedience to subpoenas issued by the director or authorized representative shall be enforced by the courts in any county.

     (4) The director or authorized representative shall have free access to all places and works of labor.  Any employer or any agent or employee of such employer who refuses the director or authorized representative admission therein, or who, when requested by the director or authorized representative, wilfully neglects or refuses to furnish the director or authorized representative any statistics or information pertaining to his or her lawful duties, which statistics or information may be in his or her possession or under the control of the employer or agent, shall be guilty of a misdemeanor.