BILL REQ. #:  H-2952.1 

Read first time 01/15/14.   Referred to Committee on Labor & Workforce Development.

     AN ACT Relating to contractor liability for industrial insurance premiums for not-for-profit nonemergency medicaid transportation brokers; and amending RCW 51.12.070.

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

Sec. 1   RCW 51.12.070 and 2004 c 243 s 2 are each amended to read as follows:
     The provisions of this title apply to all work done by contract; the person, firm, or corporation who lets a contract for such work is responsible primarily and directly for all premiums upon the work, except as provided in subsection (2) of this section. The contractor and any subcontractor are subject to the provisions of this title and the person, firm, or corporation letting the contract is entitled to collect from the contractor the full amount payable in premiums and the contractor in turn is entitled to collect from the subcontractor his or her proportionate amount of the payment.
     (1) For the purposes of this section, a contractor registered under chapter 18.27 RCW or licensed under chapter 19.28 RCW is not responsible for any premiums upon the work of any subcontractor if:
     (((1))) (a) The subcontractor is currently engaging in a business which is registered under chapter 18.27 RCW or licensed under chapter 19.28 RCW;
     (((2))) (b) The subcontractor 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;
     (((3))) (c) The subcontractor maintains a separate set of books or records that reflect all items of income and expenses of the business;
     (((4))) (d) The subcontractor has contracted to perform:
     (((a))) (i) The work of a contractor as defined in RCW 18.27.010; or
     (((b))) (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; and
     (((5))) (e) The subcontractor has an industrial insurance account in good standing with the department or is a self-insurer. For the purposes of this subsection (1)(e), a contractor may consider a subcontractor's account to be in good standing if, within a year prior to letting the contract or master service agreement, and at least once a year thereafter, the contractor has verified with the department that the account is in good standing and the contractor has not received written notice from the department that the subcontractor's account status has changed. Acceptable documentation of verification includes a department document which includes an issued date or a dated printout of information from the department's internet web site showing a subcontractor's good standing. The department shall develop an approach to provide contractors with verification of the date of inquiries validating that the subcontractor's account is in good standing.
     It is unlawful for any county, city, or town to issue a construction building permit to any person who has not submitted to the department an estimate of payroll and paid premium thereon as provided by chapter 51.16 RCW of this title or proof of qualification as a self-insurer.
     (2) Nonemergency transportation brokers, as defined in WAC 182-546-5200 as it exists on the effective date of this section, that operate as not-for-profit businesses are not liable for subcontractor premiums, provided that the provisions of subsection (1)(e) of this section are met at the time of contract.