Z-290                 _______________________________________________

                                                   SENATE BILL NO. 5239

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Smitherman, Lee, West and Bender; by request of Department of Labor and Industries

Read first time 1/18/89 and referred to Committee on Economic Development & Labor.

AN ACT Relating to the establishment of the public works administration account; amending RCW 39.12.070; adding a new section to chapter 39.12 RCW; and making an appropriation.

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

        Sec. 1.  Section 1, chapter 38, Laws of 1982 1st ex. sess. and RCW 39.12.070 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 ((34.04)) 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 ((general fund)) public works administration account established in section 2 of this act.  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.))

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.  All receipts from fees collected under RCW 39.12.070 shall be deposited into the account.  Moneys in the account may be spent only after appropriation.  Expenditures from the account may be used only for carrying out the duties of the industrial statistician and for the investigation of violations of and enforcement of chapter 39.12 RCW.

NEW SECTION. Sec. 3.     The sum of seven hundred twenty-eight thousand one hundred twenty-five dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the public works administration account to the department of labor and industries for the purposes stated in section 2 of this act.