6143-S.E AMS MARR S5563.1

ESSB 6143  - S AMD447
     By Senators Marr, Hobbs

PULLED 03/19/2010

     On page 88, after line 34, insert the following:

"NEW SECTION.  Sec. 1702   A new section is added to chapter 82.04 RCW to read as follows:
     (1) This chapter does not apply to amounts received by a property management company from the owner of a property for gross wages and benefits paid directly to or on behalf of on-site personnel from property management trust accounts that are required to be maintained under RCW 18.85.285.
     (2) As used in this section, "on-site personnel" means a person who meets all of the following conditions: (a) The person works primarily at the owner's property; (b) the person's duties include leasing property units, maintaining the property, collecting rents, or similar activities; and (c) under a written property management agreement: (i) The person's compensation is the ultimate obligation of the property owner and not the property manager; (ii) the property manager is liable for payment only as agent of the owner; and (iii) the property manager is the agent of the owner with respect to the on-site personnel and that all actions, including, but not limited to, hiring, firing, compensation, and conditions of employment, taken by the property manager with respect to the on-site personnel are subject to the approval of the property owner."

     On page 106, line 1, after "406," insert "1702,"

     On page 106, after line 14, insert the following:

"NEW SECTION.  Sec. 2214   Section 1702 of this act takes effect June 1, 2015."

     Renumber the remaining sections consecutively and correct any internal references accordingly.

EFFECT:  Reinstates the B&O exemption for property management salaries effective June 1, 2015.

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