Z-0156.1                   _______________________________________________

                                                      HOUSE BILL 1728

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State of Washington                              53rd Legislature                             1993 Regular Session

By Representative Appelwick; by request of Law Revision Commission

Read first time 02/05/93.  Referred to Committee on Judiciary.

Correcting unconstitutional provisions relating to resident employees on public works.

          AN ACT Relating to correcting unconstitutional provisions relating to resident employees on public works; amending RCW 39.16.005 and 39.16.030; and repealing RCW 39.16.020.

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

        Sec. 1.  RCW 39.16.005 and 1977 ex.s. c 187 s 1 are each amended to read as follows:

          In all contracts let by the state, or any department thereof, or any county, city, town, municipality, or other political subdivision for the erection, construction, alteration, demolition, or repair of any public building, structure, bridge, highway, or any other kind of public work or improvement, the contractor or subcontractor shall ((employ ninety-five percent or more bona fide Washington residents as employees where more than forty persons are employed, and ninety percent or more bona fide Washington residents as employees where forty or less persons are employed:  PROVIDED, That such limitations shall not apply to that portion of any contract in which a manufacturer's warranty on equipment is contingent upon the manufacturer's use of his own factory-trained personnel for installation or repair which places such equipment under warranty.  The contractor shall)) pay the standard prevailing wages for the specific type of construction as determined by the United States department of labor in the city or county where the work is being performed.  ((The term "resident", as used in this chapter, shall mean any person who has been a bona fide resident of the state of Washington for a period of ninety days prior to such employment:  PROVIDED, That in contracts involving the expenditure of federal aid funds this chapter shall not be enforced in such manner to conflict with or be contrary to the federal statutes, rules, and regulations prescribing a labor preference to honorably discharged soldiers, sailors, and marines, or prohibiting as unlawful any other preference or discrimination among the citizens of the United States:  PROVIDED FURTHER, That this section shall not apply to any employees who are residents of any state bordering on the state of Washington if such bordering state does not restrict the right of a resident of Washington to be employed in the performance of all contracts let by the bordering state, or any department thereof, or any county, city, town, municipality, or other political subdivision for the erection, construction, alteration, demolition, or repair of any public building, structure, bridge, highway, or any other kind of public work or improvement.))

        Sec. 2.  RCW 39.16.030 and 1943 c 246 s 3 are each amended to read as follows:

          The provisions of this chapter shall be written into every such public contract((, including the following penalty.  Any contractor or subcontractor who shall employ a nonresident in excess of the percentage preferences, excepting as herein permitted, shall have deducted, for every violation, from the amount due him, the prevailing wages which should have been paid to a displaced resident.  The money so deducted shall be retained by the public body for whom the contract is being performed)).

NEW SECTION. Sec. 3.  RCW 39.16.020 and 1977 ex.s. c 187 s 2 & 1943 c 246 s 2 are each repealed.

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