BILL REQ. #:  S-0926.2 

Read first time 02/18/13.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to for hire vehicles, limousines, and taxicabs; amending RCW 51.12.183; and creating a new section.

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

Sec. 1   RCW 51.12.183 and 2011 c 190 s 2 are each amended to read as follows:
     (1) On or after January 1, 2012, any business that owns and operates a for hire vehicle licensed under chapter 46.72 RCW, a limousine under chapter 46.72A RCW, or a taxicab under chapter 81.72 RCW and the for hire operator or chauffeur of such vehicle is within the mandatory coverage of this title.
     (2) On or after January 1, 2012, any business that as owner or agent leases a for hire vehicle licensed under chapter 46.72 RCW, a limousine under chapter 46.72A RCW, or a taxicab under chapter 81.72 RCW to a for hire operator or a chauffeur and the for hire operator or chauffeur of such vehicle is within the mandatory coverage of this title.
     (3) For the purposes of this section, a business that has contracted for the services of a business that owned and operated, or as owner or agent leased, a for hire vehicle licensed under chapter 46.72 RCW, a limousine under chapter 46.72A RCW, or a taxicab under chapter 81.72 RCW is not within the mandatory coverage of this title, and is not responsible primarily or indirectly for premiums upon the work.
     (4) Prior to January 1, 2012, any business that owned and operated, or as owner or agent leased, a for hire vehicle licensed under chapter 46.72 RCW, a limousine under chapter 46.72A RCW, or a taxicab under chapter 81.72 RCW, and the for hire operator or chauffeur of such vehicle is presumed not to have been within the mandatory coverage of this title. However, a claim is presumed to have been within the mandatory coverage of this title and may be used to rebut the presumption of this subsection (4) if the claim:
     (a) Is for a medical or time loss payment by or on behalf of a for hire operator or chauffeur;
     (b) Is a result of work performed and injury suffered prior to January 1, 2012, with or through any business that owned and operated, or as owner or agent leased:
     (i) A for hire vehicle licensed under chapter 46.72 RCW;
     (ii) A limousine under chapter 46.72A RCW; or
     (iii) A taxicab under chapter 81.72 RCW.
     (5) Any business that owned and operated, or as owner or agent leased, or contracted for the services of, a for hire vehicle licensed under chapter 46.72 RCW, a limousine under chapter 46.72A RCW, or a taxicab under chapter 81.72 RCW that paid premium, penalty, or interest to the department in settlement of a claim for unpaid premiums by the department prior to January 1, 2012, where no fault for such premium claim was admitted, must have such payment refunded by the department within ninety days after the effective date of this section.
     (6) Any payment made pursuant to subsection (5) of this section must be reduced by the amount of any expenditure made by the department for or on behalf of any for hire operator or chauffeur contracted or affiliated with the business, as a result of a medical or time loss claim, and which originates in or is otherwise attributable to the period for which the premium claim is assessed on the business by the department.
     (7) For the purposes of this section, the following definitions apply unless the context clearly requires otherwise:
     (a) "Chauffeur" has the same meaning as provided in RCW 46.04.115; and
     (b) "For hire operator" means a person who is operating a vehicle for the purpose of carrying persons for compensation.

NEW SECTION.  Sec. 2   This act applies both prospectively and retroactively to all causes of action arising under this section.