_______________________________________________
SUBSTITUTE
HOUSE BILL 1219
_______________________________________________
AS
AMENDED BY THE SENATE
Passed
Legislature - 1993 Regular Session
State of Washington 53rd
Legislature 1993 Regular Session
By
Read
first time 02/26/93.
Creating the public works administration account.
AN ACT Relating to creating the public works
administration account; amending RCW 39.12.070 and 39.12 042; adding a new
section to chapter 39.12 RCW; providing an effective date; and declaring an
emergency.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
RCW 39.12.070 and 1982 1st ex.s. c 38 s 1 are each amended to read as follows:
The department of labor and industries may
charge fees to awarding agencies on public works for the approval of statements
of intent to pay prevailing wages and the certification of affidavits of wages
paid. The department may also charge fees to persons or organizations
requesting the arbitration of disputes under RCW 39.12.060. The amount of the
fees shall be established by rules adopted by the department under the
procedures in the administrative procedure act, chapter 34.05 RCW. The fees
shall apply to all approvals, certifications, and arbitration requests made
after the effective date of the rules. All fees shall be deposited in the public
works administration account. On the fifteenth day of the first month of each
quarterly period, an amount equalling thirty percent of the revenues received
into the public works administration account shall be transferred into the
general fund. The department may refuse to arbitrate for contractors,
subcontractors, persons, or organizations which have not paid the proper fees.
The department may, if necessary, request the attorney general to take legal
action to collect delinquent fees.
The department shall set the fees permitted by
this section at a level that generates revenue that is as near as practicable
to the amount of the appropriation ((to carry out the activities specified
in this section)) to administer this chapter, including, but not limited
to, the performance of adequate wage surveys, and to investigate and enforce
all alleged violations of this chapter, including, but not limited to,
incorrect statements of intent to pay prevailing wage, incorrect certificates
of affidavits of wages paid, and wage claims, as provided for in this chapter
and chapters 49.48 and 49.52 RCW. However, the fees charged for the approval
of statements of intent to pay prevailing wages and the certification of
affidavits of wages paid shall be no greater than twenty-five dollars.
NEW SECTION. Sec. 2. A
new section is added to chapter 39.12 RCW to read as follows:
The public works administration account is
created in the state treasury. The department of labor and industries shall
deposit in the account all moneys received from fees collected under RCW
39.12.070. Appropriations from the account, not including moneys transferred
to the general fund pursuant to RCW 39.12.070, may be made only for the
purposes of administration of this chapter, including, but not limited to, the
performance of adequate wage surveys, and for the investigation and enforcement
of all alleged violations of this chapter as provided for in this chapter and
chapters 49.48 and 49.52 RCW.
Sec. 3.
RCW 39.12.042 and 1989 c 12 s 11 are each amended to read as follows:
If any agency of the state, or any county,
municipality, or political subdivision created by its laws shall ((wilfully))
knowingly fail to comply with the provisions of RCW 39.12.040 as now or
hereafter amended, such agency of the state, or county, municipality, or
political subdivision created by its laws, shall be liable to all workers,
laborers, or mechanics to the full extent and for the full amount of wages due,
pursuant to the prevailing wage requirements of RCW 39.12.020.
NEW SECTION. Sec. 4.
This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and shall take effect July 1, 1993.
