H-2620.1 _______________________________________________
SUBSTITUTE HOUSE BILL 2102
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State of Washington 55th Legislature 1997 Regular Session
By House Committee on Commerce & Labor (originally sponsored by Representatives Koster, McMorris, Mielke, Sherstad, Honeyford and Dunn)
Read first time 03/05/97.
AN ACT Relating to prevailing wage surveys; and amending RCW 39.12.070, 39.12.080, and 39.12.015.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 39.12.070 and 1993 c 404 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)) this
section. 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 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.
Sec. 2. RCW 39.12.080 and 1993 c 404 s 2 are each amended to read as follows:
The
public works administration account is created in the custody of the
state ((treasury. The department of labor and industries shall deposit in
the account)) treasurer. 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,)) must
be deposited into the account. Expenditures from the account 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. Only the director of labor
and industries or the director's designee may authorize expenditures from the
account. The account is subject to allotment procedures under chapter 43.88
RCW, but an appropriation is not required for expenditures.
Sec. 3. RCW 39.12.015 and 1965 ex.s. c 133 s 2 are each amended to read as follows:
All determinations of the prevailing rate of wage shall be made by the industrial statistician of the department of labor and industries using survey procedures and analytical processes commonly recognized to provide reliable and verifiable results meeting the intent of this chapter.
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