BILL REQ. #:  S-2805.1 

READ FIRST TIME 04/02/03.   

     AN ACT Relating to clarifying the application of the industrial welfare act to public employers; amending RCW 49.12.005; creating a new section; and declaring an emergency.

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

NEW SECTION.  Sec. 1   The legislature finds that the enactment of chapter 236, Laws of 1988 amended the definition of employer under the industrial welfare act, chapter 49.12 RCW, to ensure that the family care provisions of that act applied to the state and political subdivisions. The legislature further finds that this amendment of the definition of employer may be interpreted as creating an ambiguity as to whether the other provisions of chapter 49.12 RCW have applied to the state and its political subdivisions. The purpose of this act is to make retroactive, remedial, curative, and technical amendments to clarify the intent of chapter 49.12 RCW and chapter 236, Laws of 1988 and resolve any ambiguity. It is the intent of the legislature to establish that, prior to the effective date of this act, chapter 49.12 RCW and the rules promulgated thereunder did not apply to the state or its agencies and political subdivisions except as expressly provided for in RCW 49.12.270 through 49.12.295 and 49.12.450.

Sec. 2   RCW 49.12.005 and 1998 c 334 s 1 are each amended to read as follows:
     For the purposes of this chapter:
     (1) ((The term)) "Department" means the department of labor and industries.
     (2) ((The term)) "Director" means the director of the department of labor and industries, or the director's designated representative.
     (3) ((The term)) (a) Prior to the effective date of this act, "employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees ((and)) but does not include the state, any state institution, any state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. For the purposes of RCW 49.12.270 through 49.12.295 and 49.12.450 only, "employer" also includes the state, any state institution, any state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation.
     (b) After the effective date of this act, "employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees. "Employer" includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation: PROVIDED, That (i) this chapter and the rules adopted thereunder apply to these public employers only to the extent that this chapter and the rules adopted thereunder do not conflict with any statute, rule, regulation, or ordinance adopted under the authority of the appropriate legislative body; and (ii) employees of public employers may enter into collective bargaining contracts or other employment agreements that specify hours, wages, and working conditions that vary from or supersede the standards and requirements of this chapter and the rules promulgated thereunder.
     (4) ((The term)) "Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.
     (5) ((The term)) "Conditions of labor" ((shall)) means and includes the conditions of rest and meal periods for employees including provisions for personal privacy, practices, methods and means by or through which labor or services are performed by employees and includes bona fide physical qualifications in employment, but shall not include conditions of labor otherwise governed by statutes and rules and regulations relating to industrial safety and health administered by the department.
     (6) For the purpose of chapter 16, Laws of 1973 2nd ex. sess. a minor is defined to be a person of either sex under the age of eighteen years.

NEW SECTION.  Sec. 3   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.