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                             ENGROSSED HOUSE BILL 1246

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State of Washington              52nd Legislature             1991 Regular Session

By Representatives R. King, Winsley, Jones, Ebersole, Prentice, O'Brien, R. Meyers, Scott and Phillips.

Read first time January 23, 1991.  Referred to Committee on Commerce & Labor.Enforcing the payment of prevailing wages.

     AN ACT Relating to prevailing wages on public works projects; amending RCW 39.12.042; and creating a new section.

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

NEW SECTION. Sec. 1.      The legislature declares that paying prevailing wages on public works projects promotes the public's interests. Therefore, there is a need to assure that awarding agencies carry out their responsibilities to comply with chapter 39.12 RCW.

     The legislature further finds that the need to establish that an agency has willfully failed to comply with the law is an unenforceable standard and frustrates attempts to make the law work as written.  It is the intent of the legislature to establish a standard that can be substantiated within our system of law.  It is declared that a showing of knowingly failing to comply is sufficient to establish fault with state awarding agencies.

     Sec. 2.  RCW  39.12.042 and 1989 c 12 s 11 are each amended to read as follows:

     If any agency of the state, or any county, municipality, or political subdivision created by its laws shall ((wilfully)) knowingly fail to comply with the provisions of RCW 39.12.040 as now or hereafter amended, such agency of the state, or county, municipality, or political subdivision created by its laws, shall be liable to all workers, laborers, or mechanics to the full extent and for the full amount of wages due, pursuant to the prevailing wage requirements of RCW 39.12.020.