S-0745.1                   _______________________________________________

 

                                                     SENATE BILL 5246

                              _______________________________________________

 

State of Washington                              53rd Legislature                             1993 Regular Session

 

By Senators Snyder, Winsley, Rinehart, Gaspard, Prentice, Moore, Hargrove, Roach, Loveland, Jesernig, Vognild, Sutherland, von Reichbauer, Bauer, Quigley and Erwin

 

Read first time 01/19/93.  Referred to Committee on Labor & Commerce.

 

Creating the public works administration account.


          AN ACT Relating to creating the public works administration account; amending RCW 39.12.070; 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)) sufficient to administer this chapter 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.

 

          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 custody of the state treasurer.  The department of labor and industries shall deposit in the account all moneys received from fees collected under RCW 39.12.070.  Expenditures from the account may be used only for the purposes of administration of this chapter 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.  Disbursement from the account shall be on authorization of the director of the department of labor and industries or the director's designee.  The account is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for expenditures.

 

          NEW SECTION.  Sec. 3.  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.

 


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