H-380                _______________________________________________

                                                   HOUSE BILL NO. 1298

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives R. King, Winsley, Vekich, Baugher, Leonard, Gallagher, Sayan, Cole, Walk, Prentice, Heavey, Dellwo, Belcher, Scott, Rector, Basich, Jones, Nelson, Phillips, Pruitt, Brekke and Ebersole

Read first time 1/20/89 and referred to Committee on Commerce & Labor.

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 guarantee that workers engaged in public works projects are receiving appropriate prevailing wages as prescribed by state law.

          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 failure to comply is sufficient to establish fault with state awarding agencies.

        Sec. 2.  Section 2, chapter 49, Laws of 1975-'76 2nd ex. sess. and RCW 39.12.042 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)) 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 workmen, 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.