H-0648.1  _______________________________________________

                          HOUSE BILL 1133

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Carrell, Lantz, Lambert, Hurst, Casada, Morell, Kagi, Marine, Cox, Talcott, Tokuda, Fisher, Bush, Edwards, O'Brien, Darneille, Edmonds, Esser and Haigh

Read first time 01/18/2001.  Referred to Committee on Commerce & Labor.

Limiting liability for donated labor on community projects.

    AN ACT Relating to limiting liability for donated labor on community projects; and amending RCW 51.12.050.

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

    Sec. 1.  RCW 51.12.050 and 1977 ex.s. c 350 s 18 are each amended to read as follows:

(1) Whenever the state, county, any municipal corporation, or other taxing district ((shall)) engages in any work, or lets a contract therefor, in which workers are employed for wages, this title shall be applicable thereto.  The employer's payments into the accident fund shall be made from the treasury of the state, county, municipality, or other taxing district.  If the work is being done by contract, the payroll of the contractor and the subcontractor shall be the basis of computation and, in the case of contract work consuming less than one year in performance, the required payment into the accident fund shall be based upon the total payroll.  The contractor and any subcontractor shall be subject to the provisions of this title, and the state for its general fund, the county, municipal corporation, or other taxing district shall be entitled to collect from the contractor the full amount payable to the accident fund and the contractor, in turn, shall be entitled to collect from the subcontractor his or her proportionate amount of the payment.

(2)(a) If a community improvement project to benefit the state, county, any municipal corporation, or other taxing district uses donated labor, materials, or equipment, a contractor or employer donating the materials or equipment shall not be considered the employer for purposes of this title of an individual donating labor if the individual:

(i) Donates labor as a result of his or her own free choice documented in writing; and

(ii) Receives no wages for performing labor for the project.

(b) This subsection applies regardless of whether the individual donating labor:

(i) Receives from the contractor or his or her employer information about the community improvement project and that donated labor is being solicited, or is encouraged by the contractor or employer to donate labor to the project;

(ii) Uses materials or equipment on the project that is donated by the contractor or his or her employer; or

(iii) Is granted maintenance or reimbursement for actual expenses necessarily incurred in performing labor for the project.

(c) Except as provided in RCW 51.12.035, the contractor or employer shall not be liable for premiums under this title with respect to the donated labor on the community improvement project and an individual providing the donated labor shall not be entitled to the benefits of this title.

(d) As used in this subsection, "community improvement project" includes but is not limited to repair, restoration, or preservation of historic property owned by a public entity.

(3) Whenever and so long as, by state law, city charter, or municipal ordinance, provision is made for employees or peace officers injured in the course of employment, such employees shall not be entitled to the benefits of this title and shall not be included in the payroll of the municipality under this title:  PROVIDED, That whenever any state law, city charter, or municipal ordinance only provides for payment to the employee of the difference between his or her actual wages and that received under this title such employees shall be entitled to the benefits of this title and may be included in the payroll of the municipality.

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