H-1903              _______________________________________________

                                            SUBSTITUTE HOUSE BILL NO. 15

                        _______________________________________________

                                                                            C 080 L 85

State of Washington                              49th Legislature                              1985 Regular Session

By House Committee on Local Government (originally sponsored by Representatives Fisch, Winsley, Wang, Gallagher, Hankins, Belcher, Allen, Isaacson and Sayan)

Read first time 2/15/85 and passed to Committee on Rules.

AN ACT Relating to public works; and amending RCW 60.28.040.

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

        Sec. 1.  Section 4, chapter 236, Laws of 1955 as amended by section 1, chapter 299, Laws of 1971 ex. sess. and RCW 60.28.040 are each amended to read as follows:

          The amount of all taxes, increases and penalties due or to become due under Title 82 RCW, from a contractor or ((his)) the contractor's successors or assignees with respect to a public improvement contract wherein the contract price is twenty thousand dollars or more shall be a lien prior to all other liens upon the amount of the retained percentage withheld by the disbursing officer under such contract, ((and)) except that the employees of a contractor or the contractor's successors or assignees who have not been paid the prevailing wage under such a public improvement contract shall have a first priority lien against the bond or retainage prior to all other liens.  The amount of all other taxes, increases and penalties due and owing from the contractor shall be a lien upon the balance of such retained percentage remaining in the possession of the disbursing officer after all other statutory lien claims have been paid.

                                                                                                                      Passed the House February 27, 1985.

                                                                                                                                         Speaker of the House.

                                                                                                                             Passed the Senate April 8, 1985.

                                                                                                                                       President of the Senate.