H-1791.1                  _______________________________________________

                                             SUBSTITUTE HOUSE BILL 1728

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By House Committee on Judiciary (originally sponsored by Representative Appelwick; by request of Law Revision Commission)

Read first time 03/03/93.

Correcting unconstitutional provisions relating to resident employees on public works.

          AN ACT Relating to correcting unconstitutional provisions relating to resident employees on public works; amending RCW 35A.40.200; and repealing RCW 39.16.005, 39.16.020, 39.16.030, and 39.16.040.

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

NEW SECTION. Sec. 1.  The following acts or parts of acts are each repealed:

(1) RCW 39.16.005 and 1977 ex.s. c 187 s 1, 1973 1st ex.s. c 29 s 1, & 1972 ex.s. c 28 s 1;

(2) RCW 39.16.020 and 1977 ex.s. c 187 s 2 & 1943 c 246 s 2;

(3) RCW 39.16.030 and 1943 c 246 s 3; and

(4) RCW 39.16.040 and 1943 c 246 s 4.

        Sec. 2.  RCW 35A.40.200 and 1987 c 185 s 4 are each amended to read as follows:

          Every code city shall have the authority to make public improvements and to perform public works under authority provided by general law for any class of city and to make contracts in accordance with procedure and subject to the conditions provided therefor, including but not limited to the provisions of:  (1) Chapter 39.04 RCW, relating to public works; (2) RCW 35.23.352 relating to competitive bidding for public works, materials and supplies; (3) RCW 9.18.120 and 9.18.150 relating to suppression of competitive bidding; (4) chapter 60.28 RCW relating to liens for materials and labor performed; (5) chapter 39.08 RCW relating to contractor's bonds; (6) chapters 39.12((, 39.16,)) and 43.03 RCW relating to prevailing wages; (7) chapter 49.12 RCW relating to hours of labor; (8) chapter 51.12 RCW relating to workers' compensation; (9) chapter 49.60 RCW relating to antidiscrimination in employment; (10) chapter 39.24 RCW relating to the use of Washington commodities; and (11) chapter 39.28 RCW relating to emergency public works.

                                                           --- END ---