CERTIFICATION OF ENROLLMENT

SENATE BILL 5903



61st Legislature
2009 Regular Session

Passed by the Senate March 6, 2009
  YEAS 46   NAYS 0


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President of the Senate
Passed by the House April 1, 2009
  YEAS 97   NAYS 0


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Speaker of the House of Representatives


CERTIFICATE

I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5903 as passed by the Senate and the House of Representatives on the dates hereon set forth.


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Secretary
Approved 









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Governor of the State of Washington
FILED







Secretary of State
State of Washington


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SENATE BILL 5903
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Passed Legislature - 2009 Regular Session
State of Washington61st Legislature2009 Regular Session

By Senators Keiser, McAuliffe, and Hatfield; by request of Lieutenant Governor

Read first time 02/06/09.   Referred to Committee on Labor, Commerce & Consumer Protection.



     AN ACT Relating to public works contracts for residential construction; and amending RCW 39.12.030.

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

Sec. 1   RCW 39.12.030 and 1989 c 12 s 9 are each amended to read as follows:
     (1) The specifications for every contract for the construction, reconstruction, maintenance or repair of any public work to which the state or any county, municipality, or political subdivision created by its laws is a party, shall contain a provision stating the hourly minimum rate of wage, not less than the prevailing rate of wage, which may be paid to laborers, workers, or mechanics in each trade or occupation required for such public work employed in the performance of the contract either by the contractor, subcontractor or other person doing or contracting to do the whole or any part of the work contemplated by the contract, and the contract shall contain a stipulation that such laborers, workers, or mechanics shall be paid not less than such specified hourly minimum rate of wage. If the awarding agency determines that the work contracted for meets the definition of residential construction, the contract must include that information.
     (2) If the hourly minimum rate of wage stated in the contract specifies residential construction rates and it is later determined that the work performed is commercial and subject to commercial construction rates, the state, county, municipality, or political subdivision that entered into the contract must pay the difference between the residential rate stated and the actual commercial rate to the contractor, subcontractor, or other person doing or contracting to do the whole or any part of the work under the contract.

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