| Passed by the House March 11, 2003 Yeas 92 FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate April 10, 2003 Yeas 48 BRAD OWEN ________________________________________ President of the Senate | I, Cynthia Zehnder, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED HOUSE BILL 1726 as passed by the House of Representatives and the Senate on the dates hereon set forth. CYNTHIA ZEHNDER ________________________________________ Chief Clerk | |
| Approved May 7, 2003. GARY LOCKE ________________________________________ Governor of the State of Washington | May 7, 2003 - 2:53 p.m. Secretary of State State of Washington |
| State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 02/06/2003. Referred to Committee on Commerce & Labor.
AN ACT Relating to an employer's indebtedness to a deceased person for unpaid wages, labor, or services performed; and amending RCW 49.48.120.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 49.48.120 and 1981 c 333 s 2 are each amended to read
as follows:
(1) If at the time of the death of any person, his or her employer
is indebted to him or her for work, labor, and services performed, and
no executor or administrator of his or her estate has been appointed,
((such)) the employer shall upon the request of the surviving spouse
((forthwith)) pay ((said)) the indebtedness((,)) in ((such)) an amount
as may be due not exceeding the sum of two thousand five hundred
dollars, to the ((said)) surviving spouse, or if the decedent leaves no
surviving spouse, then to the decedent's child or children, or if no
children, then to the decedent's father or mother ((of said decedent:
PROVIDED, HOWEVER, That if by virtue of a community property agreement
between)).
(2) In the event the decedent's employer is the state of
Washington, then the amount of the indebtedness that can be paid under
subsection (1) of this section shall not exceed ten thousand dollars.
At the beginning of each biennium, the director of financial management
may by administrative policy adjust the amount of indebtedness that can
be paid under this subsection to levels not to exceed the percentage
increase in the consumer price index for all urban consumers, CPI-U,
for Seattle, or a successor index, for the previous biennium as
calculated by the United States department of labor. Adjusted dollar
amounts of indebtedness shall be rounded to the nearest five hundred
dollar increment.
(3) If the decedent and the surviving spouse((, which)) have
entered into a community property agreement that meets the requirements
of RCW 26.16.120, and the right to ((such)) the indebtedness became the
sole property of the surviving spouse upon the death of the decedent,
the employer shall pay to the surviving spouse the total of ((such))
the indebtedness, or that portion which is governed by the community
property agreement, upon presentation of ((said)) the agreement
accompanied by an affidavit or declaration of the surviving spouse
stating that ((such)) the agreement was executed in good faith between
the parties ((thereto)) and had not been rescinded by the parties
((prior to)) before the decedent's death ((of the decedent: PROVIDED
FURTHER, That)).
(4) In all cases, the employer shall require proof of the
claimant's relationship to the decedent by affidavit or declaration,
and shall require the claimant to acknowledge receipt of ((such)) the
payment in writing.
(5) Any payments made by an employer pursuant to the provisions of
RCW 49.48.115 and 49.48.120 shall operate as a full and complete
discharge of the employer's indebtedness to the extent of ((said)) the
payment, and no employer shall thereafter be liable ((therefor)) to the
decedent's estate, or the decedent's executor or administrator
thereafter appointed.
(6) The employer may also pay the indebtedness upon presentation of
an affidavit as provided in RCW 11.62.010.