5248-S AMH ERIC H2648.1

SSB 5248 - H AMD TO TR COMM AMD (H2552.1) 334

By Representative Ericksen

WITHDRAWN 04/08/2003

On page 4, line 20 of the amendment, after "201" strike "through" and insert ", 205, and"

On page 6, after line 6 of the amendment, strike everything through "act." on line 11 and insert the following:

"Sec. 207. 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. 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. 208. RCW 39.12.080 and 2001 c 219 s 3 are each amended 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 or civil penalties collected under RCW 39.12.050, 39.12.065, and 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."

On page 8, line 31 of the amendment, after "act" insert ", except sections 207 and 208 of this act,"

Correct the title.

EFFECT: A technical amendment is made to reference the correct sections. The $100,000 appropriation made to the Department of Labor and Industries, out of the Public Works Administration Account is removed. Under current law, 30% of the revenues in the Public Works Administration Account is transferred to the General Fund. This amendment would discontinue that transfer. The discontinuation of the transfer would not be subject to the null and void clause, which requires that there be new transportation revenues enacted by January 1, 2004, in order for the act to be effective.

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