5048-S.E AMH SHEA CLAJ 024

ESSB 5048 - H AMD TO H AMD (H-2540.1/17) 394

By Representative Shea

SCOPE AND OBJECT 03/31/2017

    On page 284, after line 21, insert the following section:

    "Sec. 962.  RCW 51.08.180 and 2008 c 102 s 3 are each amended to read as follows:

"Worker" means every person in this state who is engaged in the employment of an employer under this title, whether by way of manual labor or otherwise in the course of his or her employment; also every person in this state who is engaged in the employment of or who is working under an independent contract, the essence of which is his or her personal labor for an employer under this title, whether by way of manual labor or otherwise, in the course of his or her employment, or as an exception to the definition of worker, a person is not a worker if he or she meets the tests set forth in subsections (1) through (6) of RCW 51.08.195 or the separate tests set forth in RCW 51.08.181 for work performed that requires registration under chapter 18.27 RCW or licensing under chapter 19.28 RCW: PROVIDED, That a person is not a worker for the purpose of this title, with respect to his or her activities attendant to operating a truck, as "truck" is defined in RCW 46.04.653, which he or she owns, and which is leased to a ((common or contract)) motor carrier or for which he or she provides services as a licensed motor carrier to a freight broker."

Renumber remaining sections consecutively and correct internal references accordingly. Correct the title.

EFFECT:   Exempts the following from the definition of "worker" for purposes of the state industrial insurance act: A person operating a truck, as "truck" is defined in RCW 46.04.653, which he or she owns, and which is leased to a motor carrier or for which he or she provides services as a licensed motor carrier to a freight broker.

FISCAL IMPACT: No net change to appropriated levels.

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