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ASSOCIATED GENERAL CONTRACTORS v. STATE

No. 100258-1.

518 P.3d 639 (2022)

ASSOCIATED GENERAL CONTRACTORS OF WASHINGTON, a Washington Nonprofit Corporation; Associated Builders and Contractors of Western Washington, Inc., a Washington Nonprofit Corporation; Inland Pacific Chapter of Associate Builders and Contractors, Inc., a Washington Nonprofit Corporation; and Inland Northwest AGC, Inc., a Washington Nonprofit Corporation, Respondents, v. STATE of Washington; Jay Inslee, Governor; Joel Sacks, Director of Washington State Department of Labor and Industries; and Jim Christensen, Washington State Department of Labor and Industries Program Manager and Industrial Statistician, Prevailing Wage Program; in their official capacities, Petitioners.

Supreme Court of Washington, En Banc.

Filed: October 13, 2022.

Attorney(s) appearing for the Case

Anastasia R. Sandstrom , Paul Michael Weideman , Wash. State Attorney General's Office, 800 5th Ave., Ste. 2000, Seattle, WA, 98104-3188, for Petitioner.

Darren Anthony Feider , Jennifer Ann Parda-Aldrich , Sebris Busto James P.S., 15375 Se 30th Pl. Ste. 310, Bellevue, WA, 98007-6500, for Respondent.

Jacob H. Black , Attorney at Law, 18701 120th Ave., Ne, Bothell, WA, 98011-9501, for Amicus Curiae on behalf of Local 302 International Union of Operating Engineers.

Kristina Marie Detwiler , Robblee Detwiler PLLP, 2101 4th Ave., Ste. 1000, for Amicus Curiae on behalf of Wa. State Building & Construction Trades Council.

Danielle Elizabeth Franco-Malone , Benjamin Daniel Berger , Barnard Iglitzin & Lavitt LLP, 18 W. Mercer St., Ste. 400, Seattle, WA, 98119-3971, for Amicus Curiae on behalf of Wa & Nothern Idaho District Council of Laborers.

¶1 This case concerns whether Substitute Senate Bill (SSB) 5493,1 constitutes an unconstitutional delegation of legislative authority. SSB 5493 amended RCW 39.12.015 to modify how the Department of Labor and Industries (L&I) industrial statistician calculates prevailing wage rates for public works...

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