| Passed by the Senate March 7, 2009 YEAS 27 ________________________________________ President of the Senate Passed by the House April 1, 2009 YEAS 63 ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5904 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 61st Legislature | 2009 Regular Session |
READ FIRST TIME 02/23/09.
AN ACT Relating to defining independent contractor for purposes of prevailing wage; and adding a new section to chapter 39.12 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 39.12 RCW
to read as follows:
For the purposes of this chapter, an individual employed on a
public works project is not considered to be a laborer, worker, or
mechanic when:
(1) The individual has been and is free from control or direction
over the performance of the service, both under the contract of service
and in fact;
(2) The service is either outside the usual course of business for
the contractor or contractors for whom the individual performs
services, or the service is performed outside all of the places of
business of the enterprise for which the individual performs services,
or the individual is responsible, both under the contract and in fact,
for the costs of the principal place of business from which the service
is performed;
(3) The individual is customarily engaged in an independently
established trade, occupation, profession, or business, of the same
nature as that involved in the contract of service, or the individual
has a principal place of business for the business the individual is
conducting that is eligible for a business deduction for federal income
tax purposes other than that furnished by the employer for which the
business has contracted to furnish services;
(4) On the effective date of the contract of service, the
individual is responsible for filing at the next applicable filing
period, both under the contract of service and in fact, a schedule of
expenses with the internal revenue service for the type of business the
individual is conducting;
(5) On the effective date of the contract of service, or within a
reasonable period after the effective date of the contract of service,
the individual has an active and valid certificate of registration with
the department of revenue, and an active and valid account with any
other state agencies as required by the particular case, for the
business the individual is conducting for the payment of all state
taxes normally paid by employers and businesses and has registered for
and received a unified business identifier number from the state of
Washington;
(6) On the effective date of the contract of service, the
individual is maintaining a separate set of books or records that
reflect all items of income and expenses of the business which the
individual is conducting; and
(7) On the effective date of the contract of service, if the nature
of the work performed requires registration under chapter 18.27 RCW or
licensure under chapter 19.28 RCW, the individual has a valid
contractor registration pursuant to chapter 18.27 RCW or an electrical
contractor license pursuant to chapter 19.28 RCW.