6143-S AMS ZARE S5379.1

SSB 6143  - S AMD340
     By Senators Schoesler, Zarelli, Carrell

NOT ADOPTED 03/06/2010

     On page 93, after line 36, insert the following:

"Sec. 1802   RCW 82.04.394 and 1998 c 338 s 2 are each amended to read as follows:
     (1) This chapter does not apply to amounts received by a property management company from the owner of a property for gross wages and benefits paid directly to or on behalf of on-site personnel from property management trust accounts that are required to be maintained under RCW ((18.85.310)) 18.85.285.
     (2) As used in this section, "on-site personnel" means a person who meets all of the following conditions: (a) The person works primarily at the owner's property; (b) the person's duties include leasing property units, maintaining the property, collecting rents, or similar activities; and (c) under a written property management agreement: (i) The person's compensation is the ultimate obligation of the property owner and not the property manager; (ii) the property manager is liable for payment only as agent of the owner; and (iii) the property manager is the agent of the owner with respect to the on-site personnel and that all actions, including, but not limited to, hiring, firing, compensation, and conditions of employment, taken by the property manager with respect to the on-site personnel are subject to the approval of the property owner."

     On page 112, line 5, after "406," insert "1802,"

     On page 112, after line 18, insert the following:

"NEW SECTION.  Sec. 2214   Section 1802 of this act takes effect June 1, 2015."

     Renumber the remaining sections consecutively and correct any internal references accordingly.

SSB 6143  - S AMD
     By Senators Schoesler, Zarelli, Carrell

NOT ADOPTED 03/06/2010

     On page 1, line 11 of the title, after "82.12.962," insert "82.04.394"

EFFECT:  Reinstates the B&O exemption for property management salaries effective June 1, 2015.

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