BILL REQ. #:  S-1221.1 

Read first time 02/08/13.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to ensuring transparency with prevailing wage rate determinations; adding a new section to chapter 39.12 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that there is a great deal of confusion regarding the correct prevailing wage rate to be applied to various types of construction work due to determinations issued by the department of labor and industries and the industrial statistician, and that there is a need to protect both workers and contractors from the application of unknown determinations issued by the department or industrial statistician regarding the correct prevailing wage rate. The legislature further finds that this confusion harms both contractors and the contractor's employees, and that greatly improved transparency must be provided by the department and the industrial statistician so that determinations regarding the correct prevailing wage for specific types of construction work are made available to employers and employees.

NEW SECTION.  Sec. 2   A new section is added to chapter 39.12 RCW to read as follows:
     (1) Whenever the director of the department of labor and industries or the industrial statistician issues a determination for what prevailing wages must be paid for specific construction work, the department or the industrial statistician shall:
     (a) Place a notice of that determination in the state register;
     (b) Place an informational note on every listed prevailing wage classification that may be impacted by the determination and how to get a copy of the determination. Failure by the department to meet this requirement shall negate the application of that determination on a public works project otherwise subject to the determination;
     (c) Include a statement on every notice of intent to pay prevailing wages that uses a classification that may be impacted by a determination of the existence of determinations affecting that occupational classification and how to get a copy of the determination.
     (2) The department shall maintain a list of all determinations about what prevailing wages must be paid for specific types of construction work and ensure that list of determinations, and how to access the list, is made known on all approved statements of intent to pay prevailing wages issued by the industrial statistician of the department under RCW 39.12.040. Failing to include this notice on an approved statement of intent to pay prevailing wages issued by the industrial statistician shall negate the application of any determination of the public works otherwise subject to that public works project.
     (3) The department shall make specific determinations issued by the department and the industrial statistician available in printed paper format as requested by any contractor or construction worker. The department may reject any unreasonable request for an excessive number of printed paper copies of determination.
     (4) The department shall, by December 1st of each year, issue a written report to the senate commerce and labor committee or its successor, and the house labor and workforce development committee or its successor, with a copy of all determinations issued by the department and the industrial statistician since the last report. Failure by the department to issue this report as required shall negate all determinations issued by the department since the last report was issued by the department.