BILL REQ. #: S-4106.1
| State of Washington | 60th Legislature | 2008 Regular Session |
Read first time 01/15/08. Referred to Committee on Transportation.
AN ACT Relating to day labor projects for small counties; and amending RCW 36.77.065 and 36.77.070.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 36.77.065 and 2005 c 162 s 1 are each amended to read
as follows:
The board may cause any county road to be constructed or improved
by day labor as provided in this section.
(1) As used in this section, "county road construction budget"
means the aggregate total of those costs as defined by the budgeting,
accounting, and reporting system for counties and cities and other
local governments authorized under RCW 43.09.200 and 43.09.230 as
prescribed in the state auditor's budget, accounting, and reporting
manual's (BARS) road and street construction accounts: PROVIDED, That
such costs shall not include those costs assigned to the right-of-way
account, ancillary operations account, and that portion of the
engineering account that is preliminary engineering in the budget,
accounting, and reporting manual.
(2) For counties with a population that equals or exceeds fifty
thousand people, the total amount of day labor construction programs
one county may perform annually shall total no more than the amounts
determined in the following manner:
(a) Any county with a total annual county road construction budget
of four million dollars or more may accumulate a day labor road
construction budget equal to no more than eight hundred thousand
dollars or fifteen percent of the county's total annual county road
construction budget, whichever is greater.
(b) Any county with a total annual county road construction budget
of one million five hundred thousand dollars or more and less than four
million dollars may accumulate a day labor road construction budget
equal to not more than five hundred twenty-five thousand dollars or
twenty percent of the county's total annual county road construction
budget, whichever is greater.
(c) Any county with a total annual county road construction budget
of five hundred thousand dollars or more and less than one million five
hundred thousand dollars may accumulate a day labor road construction
budget equal to two hundred fifty thousand dollars or thirty-five
percent of the county's total annual county road construction budget,
whichever is greater.
(d) Any county with a total annual county road construction budget
less than five hundred thousand dollars may accumulate a day labor road
construction budget equal to two hundred fifty thousand dollars:
PROVIDED, That any county with a total annual road construction budget
of less than five hundred thousand dollars may, by resolution of the
board at the time the county road construction budget is adopted, elect
to construct or improve county roads by day labor in an amount not to
exceed thirty-five thousand dollars on any one project, including
labor, equipment, and materials; such election to be in lieu of the two
hundred fifty thousand dollar limit provided for in this section,
except that any project means a complete project and the division of
any project into units of work or classes of work so as to permit
construction by day labor is not authorized.
(3) For counties with a population of less than fifty thousand but
more than twenty-two thousand people, the total amount of day labor
construction programs one county may perform annually may total no more
than the amounts determined in the following manner:
(a) A county with a total annual county road construction budget of
four million dollars or more may accumulate a day labor road
construction budget equal to not more than eight hundred eighty
thousand dollars or twenty-five percent of the county's total annual
county road construction budget, whichever is greater;
(b) A county with a total annual county road construction budget of
one million five hundred thousand dollars or more and less than four
million dollars may accumulate a day labor road construction budget
equal to not more than five hundred seventy-seven thousand dollars or
thirty percent of the county's total annual county road construction
budget, whichever is greater;
(c) A county with a total annual county road construction budget of
five hundred thousand dollars or more and less than one million five
hundred thousand dollars may accumulate a day labor road construction
budget equal to two hundred seventy-five thousand dollars or forty-five
percent of the county's total annual county road construction budget,
whichever is greater;
(d) A county with a total annual county road construction budget
less than five hundred thousand dollars may accumulate a day labor road
construction budget equal to two hundred seventy-five thousand dollars.
However, such a county may, by resolution of the board at the time the
county road construction budget is adopted, elect instead to construct
or improve county roads by day labor in an amount not to exceed thirty-eight thousand five hundred dollars on any one project, including
labor((,)) and equipment((, and materials)). That election is in lieu
of the two hundred seventy-five thousand dollar limit provided for in
this section. As used in this section, "any project" means a complete
project, and a county may not divide a project into units of work or
classes of work so as to permit construction by day labor.
(4) This section does not apply to counties with a population equal
to or less than twenty-two thousand.
(5) Any county that adopts a county road construction budget
unreasonably exceeding that county's actual road construction
expenditures for the same budget year which has the effect of
permitting the county to exceed the day labor amounts established in
this section is in violation of the county road administration board's
standards of good practice under RCW 36.78.020 and is in violation of
this section. Any county, whose expenditure for day labor for road
construction projects unreasonably exceeds the limits specified in this
section, is in violation of the county road administration board's
standards of good practice under RCW 36.78.020 and is in violation of
this section.
(((5))) (6) Notwithstanding any other provision in this section,
whenever the construction work or improvement is the installation of
electrical traffic control devices, highway illumination equipment,
electrical equipment, wires, or equipment to convey electrical current,
in an amount exceeding ten thousand dollars for any one project
including labor, equipment, and materials, such work shall be performed
by contract as in this chapter provided. This section means a complete
project and does not permit the construction of any project by day
labor by division of the project into units of work or classes of work.
(7) When calculating the day labor road construction budget under
this section, the cost of materials shall be excluded.
Sec. 2 RCW 36.77.070 and 1983 c 3 s 81 are each amended to read
as follows:
If the board determines that any construction should be performed
by day labor, and the estimated cost of the work exceeds twenty-five
hundred dollars, it shall cause to be published in one issue of a
newspaper of general circulation in the county, a brief description of
the work to be done and the county road engineer's estimate of the cost
thereof. At the completion of such construction, the board shall cause
to be published in one issue of such a newspaper a similar brief
description of the work together with an accurate statement of the true
and complete cost of performing such construction by day labor.
Failure to make the required publication shall subject each county
commissioner to a fine of one hundred dollars for which he shall be
liable individually and upon his official bond and the prosecuting
attorney shall prosecute for violation of the provisions of this
section and RCW 36.77.065.
This section does not apply to counties with a population equal to
or less than twenty-two thousand.