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                                           ENGROSSED HOUSE BILL NO. 559

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                                                                            C 175 L 87

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Appelwick, Walk, Sutherland, Barnes, Patrick, Dellwo, Heavey, Wang, Hankins, Gallagher, C. Smith, Doty, Schmidt, Betrozoff, J. Williams, Day, Brough, Cantwell, K. Wilson, Fisher, Zellinsky, Haugen, Fisch, Jacobsen, Todd, P. King, Jesernig, May, Winsley and Schoon

!ae200Read first time 2/2/87 and referred to Committee on Transportation. Referred to Committee on Ways & Means 2/18/87.

AN ACT Relating to ride-sharing vehicles; amending RCW 51.08.180; amending section 5, chapter 166, Laws of 1980 (uncodified); adding a new section to chapter 46.16 RCW; and providing an effective date.

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

        Sec. 1.  Section 5, chapter 166, Laws of 1980 (uncodified) is amended to read as follows:

          ((Sections 1 through 3 of this act)) RCW 82.08.0287, 82.12.0282, and 82.44.015 shall expire on ((January 1, 1988)) June 30, 1995.

NEW SECTION. Sec. 2.  A new section is added to chapter 46.16 RCW to read as follows:

          (1) Every owner or lessee of a vehicle seeking to apply for an excise tax exemption under RCW 82.08.0287, 82.12.0282, or 82.44.015 shall apply to the director for, and upon satisfactory showing of eligibility, receive in lieu of the regular motor vehicle license plates for that vehicle, special plates of a distinguishing separate numerical series or design, as the director shall prescribe.  In addition to paying all other initial fees required by law, each applicant for the special license plates shall pay an additional license fee of twenty-five dollars upon the issuance of such plates.  The special fee shall be deposited in the motor vehicle fund.  Application for renewal of the license plates shall be as prescribed for the renewal of other vehicle licenses.  No renewal is required for vehicles exempted under RCW 46.16.020.

          (2) Whenever the ownership of a vehicle receiving special plates under subsection (1) of this section is transferred or assigned, the plates shall be removed from the motor vehicle, and if another vehicle qualifying for special plates is acquired, the plates shall be transferred to that vehicle for a fee of five dollars, and the director shall be immediately notified of the transfer of the plates.  Otherwise the removed plates shall be immediately forwarded to the director to be cancelled.  Whenever the owner or lessee of a vehicle receiving special plates under subsection (1) of this section is for any reason relieved of the tax-exempt status, the special plates shall immediately be forwarded to the director along with an application for replacement plates and the required fee.  Upon receipt the director shall issue the license plates that are otherwise provided by law.

        Sec. 3.  Section 51.08.180, chapter 23, Laws of 1961 as last amended by section 1, chapter 97, Laws of 1983 and RCW 51.08.180 are each amended to read as follows:

          (1) "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:  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 which he or she owns, and which is leased to a common or contract carrier.

          (2) For the purposes of this title, any person, firm, or corporation currently engaging in a business which is registered under chapter 18.27 RCW or licensed under chapter 19.28 RCW is not a worker when:

          (a) Contracting to perform work for any contractor registered under chapter 18.27 RCW or licensed under chapter 19.28 RCW;

          (b) The person, firm, or corporation has a principal place of business which would be eligible for a business deduction for internal revenue service tax purposes other than that furnished by the contractor for which the business has contracted to furnish services;

          (c) The person, firm, or corporation maintains a separate set of books or records that reflect all items of income and expenses of the business; and

          (d) The work which the person, firm, or corporation has contracted to perform is:

          (i) The work of a contractor as defined in RCW 18.27.010; or

          (ii) The work of installing wires or equipment to convey electric current or installing apparatus to be operated by such current as it pertains to the electrical industry as described in chapter 19.28 RCW.

          (3) Any person, firm, or corporation registered under chapter 18.27 RCW or licensed under chapter 19.28 RCW including those performing work for any contractor registered under chapter 18.27 RCW or licensed under chapter 19.28 RCW is a worker when the contractor supervises or controls the means by which the result is accomplished or the manner in which the work is performed.

(4) For the purposes of this title, any person participating as a driver or back-up driver in commuter ride sharing, as defined in RCW 46.74.010(1), is not a worker while driving a ride-sharing vehicle on behalf of the owner or lessee of the vehicle.

NEW SECTION. Sec. 4.     Section 2 of this act shall take effect on January 1, 1988.

                                                                                                                          Passed the House March 16, 1987.

                                                                                                                                         Speaker of the House.

                                                                                                                           Passed the Senate April 13, 1987.

                                                                                                                                       President of the Senate.