BILL REQ. #: Z-0698.1
State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 03/25/2003. Referred to Committee on Ways & Means.
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
leave 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 apply to the state
and political subdivisions. The purpose of this act is to make
retroactive, remedial, and technical amendments to clarify the intent
of chapter 236, Laws of 1988 and resolve any ambiguity.
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)) "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-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.
(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.