BILL REQ. #:  H-0812.1 

Read first time 01/24/2003.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to incentives to increase transportation revenues by reforming prevailing wage laws; and amending RCW 39.12.010, 39.12.015, and 39.12.020.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 39.12.010 and 1989 c 12 s 6 are each amended to read as follows:
     The definitions in this section apply throughout this chapter.
     (1) The "prevailing rate of wage"((, for the intents and purposes of this chapter, shall be)) is the rate of hourly wage, usual benefits, and overtime paid in the locality((, as hereinafter defined, to the majority of)) to workers, laborers, or mechanics, in the same trade or occupation on nonpublic construction projects. ((In the event that there is not a majority in the same trade or occupation paid at the same rate, then the average rate of hourly wage and overtime paid to such laborers, workers, or mechanics in the same trade or occupation shall be the prevailing rate.)) If the wage paid by any contractor or subcontractor to laborers, workers, or mechanics on any public work is based on some period of time other than an hour, the hourly wage for the purposes of this chapter shall be mathematically determined by the number of hours worked in such period of time.
     (2) The "locality" ((for the purposes of this chapter shall be the largest city in)) is the county wherein the physical work is being performed.
     (3) The "usual benefits" ((for the purposes of this chapter shall)) include the amount of:
     (a) The rate of contribution irrevocably made by a contractor or subcontractor to a trustee or to a third person pursuant to a fund, plan, or program; and
     (b) The rate of costs to the contractor or subcontractor which may be reasonably anticipated in providing benefits to workers, laborers, and mechanics pursuant to an enforceable commitment to carry out a financially responsible plan or program which was communicated in writing to the workers, laborers, and mechanics affected, for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other federal, state, or local law to provide any of such benefits.
     (4) An "interested party" ((for the purposes of this chapter shall)) includes a contractor, subcontractor, an employee of a contractor or subcontractor, an organization whose members' wages, benefits, and conditions of employment are affected by this chapter, and the director of labor and industries or the director's designee.

Sec. 2   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 a stratified random sampling methodology.

Sec. 3   RCW 39.12.020 and 1989 c 12 s 7 are each amended to read as follows:
     (1) The hourly wages to be paid to laborers, workers, or mechanics((,)) employed by contractors or subcontractors directly upon the project site of work upon all public works estimated to cost more than two hundred fifty thousand dollars and under all public building service maintenance contracts of the state or any county, municipality or political subdivision created by its laws, shall be not less than the prevailing rate of wage for an hour's work in the same trade or occupation in the locality within the state where such labor is performed. ((For a contract in excess of ten thousand dollars,)) A contractor required to pay the prevailing rate of wage shall post in a location readily visible to workers at the job site: PROVIDED, That on road construction, sewer line, pipeline, transmission line, street, or alley improvement projects for which no field office is needed or established, a contractor may post the prevailing rate of wage statement at the contractor's local office, gravel crushing, concrete, or asphalt batch plant as long as the contractor provides a copy of the wage statement to any employee on request:
     (((1))) (a) A copy of a statement of intent to pay prevailing wages approved by the industrial statistician of the department of labor and industries under RCW 39.12.040; and
     (((2))) (b) The address and telephone number of the industrial statistician of the department of labor and industries where a complaint or inquiry concerning prevailing wages may be made.
     (2) This chapter shall not apply to:
     (a) Workers or other persons regularly employed on monthly or per diem salary by the state, or any county, municipality, or political subdivision created by its laws;
     (b) A public works project as defined by chapter 39.04 RCW and that is subject to both the prevailing rate of wage of this chapter and the federal prevailing wage rate under 40 U.S.C. Sec. 276a.
     (3) This chapter does not apply to counties or cities with a population of less than seventy-five thousand persons.