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ENGROSSED SUBSTITUTE SENATE BILL 6040 State of Washington 68th Legislature 2024 Regular Session By Senate State Government & Elections (originally sponsored by Senators Valdez, Keiser, Conway, Hasegawa, and Nobles) READ FIRST TIME 01/31/24.
S-3737.2 SENATE BILL 6040 State of Washington 68th Legislature 2024 Regular Session By Senators Valdez, Keiser, Conway, Hasegawa, and Nobles Prefiled 01/05/24.
Read first time 01/08/24.
Referred to Committee on State Government & Elections.
amending RCW 39.04.250;
and amending RCW 39.04.250.
and providing an effective date.
(b)(i) The state must pay the prime contractor within 30 days for work satisfactorily completed or materials delivered by a subcontractor of any tier that is small business certified with the office of minority and women's business enterprises under chapter 39.19 RCW, or is recognized as a women or minority-owned business enterprise in a state of Washington port, county, or municipal small business or women or minority-owned business enterprise program.
(b) Payment to subcontractors that are state certified small, women, and minority-owned, or disadvantaged business enterprises or recognized as a women or minority-owned business enterprise in a state of Washington port, county, or municipal small business or women or minority-owned business enterprise program must be paid no later than 30 days after the work is accepted by the state or municipality, regardless of when the prime contractor receives payment for work performed on the public work.
Within 10 days of receipt of payment, the prime contractor and each higher tier subcontractor must make payment to its subcontractor p.
(2) In the event of a good faith dispute over all or any portion of the amount due on a payment from the state or a municipality to p.
1 ESSB 6040 until the subcontractor that is a certified small business or recognized women or minority-owned business has received payment.
1 SB 6040 the prime contractor, or from the prime contractor or subcontractor to a subcontractor, then the state or the municipality, or the prime contractor or subcontractor, may withhold no more than ((one hundred fifty)) 150 percent of the disputed amount.
(ii) For the purposes of this subsection, when a public owner has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by the incremental acceptance is deemed satisfactorily complete.
(2) In the event of a good faith dispute over all or any portion of the amount due on a payment from the state or a municipality to the prime contractor, or from the prime contractor or subcontractor to a subcontractor, then the state or the municipality, or the prime contractor or subcontractor, may withhold no more than ((one hundred fifty)) 150 percent of the disputed amount.
NEW SECTION.
Sec.
2.
This act takes effect July 1, 2025.
2 ESSB 6040
2 SB 6040
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