Effective Date of Rule: Thirty-one days after filing.

     Purpose: Chapter 296-127 WAC, Prevailing wage, the purpose of this rule making is to update the filing fees for intents and affidavits. The legislature increased the filing fees from $25 to $40 during the 2008 legislative session. The rule making will remove the $25 filing fee from the rule. The filing fees for prevailing wage intents and affidavits will be removed from the rule. The rules will have a reference to RCW 39.12.070, which clearly states the current fee set by the legislature. This will prevent the program from having to conduct rule making every time a fee change occurs.

     Citation of Existing Rules Affected by this Order: Amending WAC 296-127-040 and 296-127-045.

     Statutory Authority for Adoption: Chapter 39.12 RCW, RCW 43.22.270, and chapter 285, Laws of 2008 (EHB 3381).

      Adopted under notice filed as WSR 08-13-079 on June 17, 2008.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

     Date Adopted: August 19, 2008.

Judy Schurke

Director

OTS-1688.1

AMENDATORY SECTION(Amending WSR 94-01-100, filed 12/16/93, effective 1/16/94)

WAC 296-127-040   Statement of intent to pay prevailing wages.   (1) All statements of intent to pay prevailing wages submitted to the industrial statistician of the department shall be accompanied by ((a)) the fee ((of twenty-five dollars)) set in RCW 39.12.070 for each statement. Fees shall be made payable to the department of labor and industries.

     (2) Any agency, division, or department of the state of Washington which through agreement with the department certifies statements of intent for its own contracts shall provide to the industrial statistician each month the number of statements of intent certified and quarterly shall send ((a)) the fee ((of twenty dollars)) set in RCW 39.12.070 for each statement of intent to pay prevailing wages it has certified. This fee shall be sent to the industrial statistician and be made payable to the department of labor and industries.

[Statutory Authority: RCW 39.12.070. 94-01-100, § 296-127-040, filed 12/16/93, effective 1/16/94. Statutory Authority: RCW 43.22.270. 90-24-053, § 296-127-040, filed 12/3/90, effective 1/3/91. Statutory Authority: Chapters 39.04 and 39.12 RCW and RCW 43.22.270. 88-22-046 (Order 88-22), § 296-127-040, filed 10/31/88. Statutory Authority: RCW 39.12.015, 39.12.060 and House Bill 795, 1982 1st ex.s. c 38. 82-18-041 (Order 82-28), § 296-127-040, filed 8/27/82.]

     (2) Any agency, division, or department of the state of Washington which through agreement with the department certifies affidavits of wages paid for its own contracts shall provide to the industrial statistician each month the number of affidavit of wages paid it has certified and quarterly shall send ((a)) the fee ((of twenty dollars)) set in RCW 39.12.070 for each affidavit of wages paid it has certified. This fee shall be sent to the industrial statistician and be made payable to the department of labor and industries.

[Statutory Authority: RCW 39.12.070. 94-01-100, § 296-127-045, filed 12/16/93, effective 1/16/94. Statutory Authority: RCW 43.22.270. 90-24-053, § 296-127-045, filed 12/3/90, effective 1/3/91. Statutory Authority: Chapters 39.04 and 39.12 RCW and RCW 43.22.270. 88-22-046 (Order 88-22), § 296-127-045, filed 10/31/88. Statutory Authority: RCW 39.12.015, 39.12.060 and House Bill 795, 1982 1st ex.s. c 38. 82-18-041 (Order 82-28), § 296-127-045, filed 8/27/82.]

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