Original Notice.

     Preproposal statement of inquiry was filed as WSR 08-09-118.

     Title of Rule and Other Identifying Information: Prevailing wage fee changes, chapter 296-127 WAC.

     Hearing Location(s): Department of Labor and Industries, 7273 Linderson Way S.W., Room S117, Tumwater, WA, on July 25, 2008, at 9:00 a.m.

     Date of Intended Adoption: August 19, 2008.

     Submit Written Comments to: Sally Elliott, P.O. Box 44400, Olympia, WA 98504-4400, e-mail yous235@lni.wa.gov, fax (360) 902-5292, by July 25, 2008.

     Assistance for Persons with Disabilities: Contact Sally Elliott by July 7, 2008, at yous235@lni.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: 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.

     Reasons Supporting Proposal: See Purpose above.

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

     Statute Being Implemented: Chapter 39.12 RCW, RCW 43.22.270, and chapter 285, Laws of 2008 (EHB 3381).

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of labor and industries, governmental.

     Name of Agency Personnel Responsible for Drafting: David Soma, Tumwater, Washington, (360) 902-5330; Implementation and Enforcement: Patrick Woods, Tumwater, Washington, (360) 902-6348.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has considered whether these proposed rules are subject to the Regulatory Fairness Act and has determined they do not require a small business economic impact statement because the proposed rules are in response [to] the passage of EHB 3381 (see RCW 19.85.025 referencing exemptions listed under RCW 34.05.310 (4)(c)).

     A cost-benefit analysis is not required under RCW 34.05.328. The department has considered whether these proposed rules are subject to the cost-benefit analysis and has determined they do not require a cost-benefit analysis because the proposed rules are in response to the passage of EHB 3381 (see RCW 34.05.328 (5)(b)(iii)).

June 17, 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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