(1) For the purposes of RCW 51.12.183:

     (a) By no later than January 1, 2012, the department must determine by rule the basis for industrial insurance premiums for: (i) Any business that owns and operates for hire, limousine, or taxicab vehicles; and (ii) any business that owns and leases for hire, limousine, or taxicab vehicles to a business operating such vehicle; and

     (b) Not more than ninety days after the department has determined the basis for industrial insurance premiums by rule under (a) of this subsection, the department must assess such premiums on: (i) Any business that owns and operates for hire, limousine, or taxicab vehicles; and (ii) any business that owns and leases for hire, limousine, or taxicab vehicles to a business operating such vehicle.

     (2) In determining the basis under this section, the department must consider:

     (a) The unique economic structures of the taxicab, for hire vehicle, and limousine industries;

     (b) The difficulty of equitably assessing industrial insurance premiums on classes of businesses that utilize both employer/employee and independent contractor business models;

     (c) The economic impact on businesses of a rate and assessment alternative, such as a flat rate and assessment levied on a per vehicle or a miles driven basis, compared to that of an assessment based on hours worked;

     (d) The department's costs and efficiency of administration;

     (e) The cost to businesses and covered workers; and

     (f) Anticipated effectiveness in implementing mandatory industrial insurance coverage of for hire vehicle operators as provided in RCW 51.12.183.

[2011 c 190 § 3.]