House Bill 1636 Signed Into Law! - Click to Read Press Release
(Left) Referees from many sports gather outside of the Capitol Building prior to testifying at a hearing for our Bill. (Right) Basketball Referee Julie Vanni with Senator Jeanne Kohl-Welles. Senator Kohl-Welles was the sponsor of the original Bill in 2008 and has continued to support our efforts this session.
Task Force Partners:
Pacific Northwest Football Officials Association, Jeff Mattson, President
Washington State Referee Committee, Ram C. Prasad, Chair
Seattle Officials Women's Basketball, Mike Lloyd, President
Northwest Baseball Umpires Association, Rich Johnson, President
Seattle Metro Softball Umpires Association, Mike Painter, President
Lake Washington Youth Soccer
History: In January 2011, the PNBOA formed a state-wide Task Force, charged to bring legislative action to address local concerns that amateur officials are best served to remain classified as independent contractors. Many associations continue to join our cause. This action is for ALL officials who work ALL types of games. This is not limited to WOA or WIAA sanctioned games. We are seeking support and funding for this cause. If you or your association can help, please contact us.
DOWNLOADS:
- Read the Task Force Introduction & Information Letter, emailed statewide to Assignors & Boards on Jan 20
- Read Engrossed Substitute House Bill 1636
- Read the Bill Description (FAQ)
- Washington State Legislature Bill Information Page (Link to Bill, Digest, Analysis, & State documents)
Legislation Overview:
ESHB 1636 clarifies that amateur sports officials are not employees of their Associations. This is truly a non-partisan issue. ESD provided technical assistance to ensure conformity with federal requirements applicable to Washington’s UI program. It was a conflict with these federal requirements that caused WOA to withdraw the bill it proposed in 2008. WIAA and WOA both support this Bill.
The bill is needed because the Independent Contractor status of amateur sports officials is in jeopardy. Recently ESD audited several amateur sports officials associations. The agency held the associations are employers of their member-officials and assessed the associations back-contributions to the UIC fund.
The Bill matters. The associations do not have resources to manage payroll and mandatory withholdings from “employee” wages. The associations also cannot afford to take on the liability associated with each members’ trip to a field or court to work a game. In addition, the vast majority of sports officials have “real” jobs, and officiate as an avocation.
The bill amends the Employment Security Act (RCW 50.04.245) to provide that services provided by an amateur sports official are not considered employment for a services referral agency, [1] if the agency is not responsible to pay the sports official, unless and until, the third-party contest sponsor pays the agency.
The bill would not amend the Industrial Insurance Act to exclude amateur sports officials from covered employment. NOTE: This was a change to the bill (now officially Substitute HB 1636, effective Jan 31, 2011).
The Bill will not take money out of the UI program. Historically Associations have not paid into the system so there will be no reduction in revenue.
The Bill will not affect our schools. The Bill will not affect the relationship between amateur sports officials and the schools, the parks and recreation department and the many independent sports leagues the officials serve. If officials are treated as employees, however, associations will be forced to raise fees and the cost of these programs will increase.
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