H-641                _______________________________________________

                                                    HOUSE BILL NO. 304

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State of Washington                              49th Legislature                              1985 Regular Session

By Representatives R. King, Isaacson, Zellinsky, Smitherman, Lewis, Sutherland, Miller, Brough, Long, Allen, Barnes, P. King, Van Luven, Nealey, Tanner and Sanders

Read first time 1/28/85 and referred to Committee on Energy & Utilities. 2/1/85 Referred to Committee on Local Government.

AN ACT Relating to utility liens; and amending RCW 35.21.290.

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

        Sec. 1.  Section 35.21.290, chapter 7, Laws of 1965 and RCW 35.21.290 are each amended to read as follows:

(1) Cities and towns owning their own waterworks, or electric light or power plants shall have a lien against the premises to which water, electric light, or power services were furnished for four months charges therefor due or to become due, but not for any charges more than four months past due:  PROVIDED, That the owner of the premises or the owner of a delinquent mortgage thereon may give written notice to the superintendent or other head of such works or plant to cut off service to such premises accompanied by payment or tender of payment of the then delinquent and unpaid charges for such service against the premises together with the cut-off charge, whereupon the city or town shall have no lien against the premises for charges for such service thereafter furnished, nor shall the owner of the premises or the owner of a delinquent mortgage thereon be held for the payment thereof.

(2) No lien shall be allowed under subsection (1) of this section against premises leased or rented to a tenant for unpaid electric light or power service charges which the tenant or former tenant was directly or solely obligated to pay.