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ESSB 5701

Momentum Bucket Early Stage
Legal Title AN ACT Relating to expanding access to records for the purposes of enforcing prevailing wage laws;
Bill Description Expanding access to records for the purposes of enforcing prevailing wage laws.
What this bill does
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The bill amends existing public works prevailing wage law (RCW 39.12.010 and RCW 39.12.120) to add and change recordkeeping, filing, and definitional requirements. It requires contractors, subcontractors, or employers on public works to keep accurate payroll records for three years from the date the contract awarding agency accepts the project, and to file certified payroll records at least monthly using the Department of Labor and Industries (L&I) online system or, if not using the online system, directly with L&I in an approved format. L&I must provide, upon request, a copy of an employer’s certified payroll records to an “interested party.” Noncompliance with the payroll-records section is treated as a violation of RCW 39.12.050. The bill also limits how payroll information provided to joint labor-management cooperation committees may be used: only for filing complaints under RCW 39.12.065 and not for union organizing or commercial activity. It clarifies payment timing (wages other than usual benefits must be paid at least monthly; usual benefits must be paid by their regularly established deadlines) and makes multiple definitional changes and additions (including “prevailing rate of wage,” “locality,” “usual benefits,” “interested party,” “inadvertent filing or reporting error,” “unpaid prevailing wages,” “rate of contribution,” and a broadened definition of “contractor” to include entities with substantially identical operations or structure under certain nonexclusive factors). The amendments modify existing law (procedural and definitional changes) rather than creating a new crime or new penalty scheme; failure to comply is linked to an existing violation provision. Section 1 of the act expires January 1, 2026, and Section 2 takes effect January 1, 2026. The extract does not show the full bill or explain the relationship between the two separate amendments to RCW 39.12.010 beyond those dates, so the broader legislative context and any other provisions outside the displayed sections are not available here.
Why it matters
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If enacted, contractors, subcontractors, and other employers on public works will have to keep accurate payroll records for three years from the agency’s acceptance of the project and file certified payroll at least once a month using L&I’s online system (or directly to L&I in an approved format). Employers must pay cash wages at least monthly and usual benefits by their regular deadlines. The Department of Labor and Industries must provide copies of certified payroll to defined “interested parties” on request, but joint labor‑management cooperation committees may only use payroll information to file complaints and may not use it for union organizing or commercial purposes. Failing to comply with the payroll-records rules is treated as a violation of state prevailing wage law. The practical burden falls most heavily on contractors and subcontractors, who will face higher ongoing administrative duties, potential costs to comply with monthly certified filings, and greater exposure to enforcement if related corporate entities are treated as the same “contractor” under the broadened definition of substantial identity. L&I will take on expanded record-handling and disclosure duties. Workers and organizations gain clearer access to payroll data to support enforcement of prevailing wages. The provided text leaves unclear how the two staggered sections (one expiring January 1, 2026 and one taking effect that same date) are intended to interact.
Official Documents View Full Bill Text
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ESSB 5701 Details and Bill Topics

Details

Date Introduced 02/21/2025
Originating Chamber Senate
Biennium 2025-26
Total Campaign Dollars Backing Bill $2,828,523.75

Bill Topics

LABOR AND INDUSTRIES, DEPARTMENT OF
RECORDS

ESSB 5701 Sponsors and Committee Hearings

Sponsors

Senator Ramos (Primary)
Senator Hasegawa
Senator Nobles
Senator Valdez

Committee Hearings

Hearing Senate Labor & Commerce (Public)
Hearing Senate Labor & Commerce (Executive)
Go to ESSB 5701 at leg.wa.gov

ESSB 5701 Bill Timeline

Early Stage
1/11/2026
SRules X
Senate Rules "X" file.
1/11/2026
SRules X
By resolution, reintroduced and retained in present status.
4/26/2025
SRules X
By resolution, returned to Senate Rules Committee for third reading.
3/6/2025
SRules X
First reading, referred to Labor & Workplace Standards.
3/4/2025
SRules X
Third reading, passed; yeas, 30; nays, 19; absent, 0; excused, 0.
3/4/2025
SRules X
Rules suspended. Placed on Third Reading.
3/4/2025
SRules X
Floor amendment(s) adopted.
3/4/2025
SRules X
1st substitute bill substituted.
3/2/2025
SRules X
Placed on second reading by Rules Committee.
2/20/2025
SRules X
Passed to Rules Committee for second reading.
2/20/2025
SRules X
Minority; without recommendation.
2/20/2025
SRules X
Minority; do not pass.
2/20/2025
SRules X
LC - Majority; 1st substitute bill be substituted, do pass.
2/6/2025
Ssubst for
First reading, referred to Labor & Commerce.

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