WSR 21-20-044

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed September 28, 2021, 8:10 a.m., effective October 29, 2021]

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

Purpose: This adoption amends chapter 296-127 WAC, Prevailing wage, to set the intent and affidavit filing fees charged after the end of the 2019-2021 biennium so that the department of labor and industries can continue to process and approve or certify the intent and affidavit forms. SB 5566 was passed in the 2019 legislative session and signed into law to address fees charged for the approval of statements of intent to pay prevailing wages and the certification of affidavits of those wages. SB 5566 amended RCW 39.12.070 to allow for a filing fee for submitting intent and affidavit forms to be $40 or less, and specifically for the 2019-2021 biennium the fees to not be more than $20.

There are approximately one thousand public agencies that contract for public work in Washington state. Under the provisions of RCW 39.12.040, these agencies cannot make payment, release contract retainage, or accept the contract work as complete without the required approved and certified intent and affidavit forms. This means a rule setting the filing fee that allows processing of these forms must be in place or many payments on public works will not be possible under the law. Without the legal ability to make payments, public works will come to a statewide standstill.

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

Statutory Authority for Adoption: Section 1, chapter 193, Laws of 2019; RCW 39.12.070.

Adopted under notice filed as WSR 21-17-115 on August 17, 2021.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: September 28, 2021.

Joel Sacks

Director

OTS-3153.3

AMENDATORY SECTION(Amending WSR 08-17-072, filed 8/19/08, effective 9/19/08)

WAC 296-127-040Statement 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 ((the fee set in RCW 39.12.070))a forty-dollar filing fee 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 the fee 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.

AMENDATORY SECTION(Amending WSR 08-17-072, filed 8/19/08, effective 9/19/08)

WAC 296-127-045Affidavit of wages paid.

(1) All affidavits of wages paid submitted to the industrial statistician of the department shall be accompanied by ((the fee set in RCW 39.12.070))a forty-dollar filing fee for each affidavit of wages paid. All 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 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 the fee 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.