[atlas:bill]

AN ACT Relating to cash, checks, and check cashing charges; adding new sections to chapter 49.48 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1. The legislature finds that banks, other financial institutions, and licensed check cashers engage in cashing checks, drafts, money orders, and other commercial paper as part of their customary business. Banks, other financial institutions, and licensed check cashers are generally permitted to charge fees for such services.

The legislature also finds that other entities sometimes engage in cashing checks as a minor part of their customary business. The legislature hereby declares that certain other entities should be prohibited from charging fees for such services.

NEW SECTION. Sec. 2. The definitions in this section apply throughout section 3 of this act unless the context clearly requires otherwise.

(1)(a) "Labor pool" means a business entity that operates a labor hall by one or more of the following methods:

(i) Contracting with third-party users to supply day laborers to them on a temporary basis;

(ii) Hiring, employing, recruiting, or contracting with workers to fulfill these temporary labor contracts for day labor; or

(iii) Fulfilling any contracts for day labor in accordance with this subsection, even if the entity also conducts other business.

(b) "Labor pool" does not mean:

(i) A farm labor contractor as defined in RCW 19.30.010;

(ii) An employee leasing agency as defined in RCW 50.04.245;

(iii) A temporary services agency as defined in RCW 50.04.245 that is engaged in supplying solely white collar employees, secretarial employees, clerical employees, or skilled laborers;

(iv) A labor union hiring hall; or

(v) A labor bureau or employment office operated by a business entity for the sole purpose of employing an individual for its own use.

(2) "Day labor" means temporary labor or employment that is occasional or irregular for which the worker is employed for not longer than the time period required to complete the temporary assignment for which the individual worker was hired, although an individual may be eligible for additional temporary assignments when available.

(3) "Labor hall" means a central location maintained by a labor pool where day laborers assemble and are dispatched to work for a third-party user.

(4) "Business entity" means any individual, corporation, business partnership, firm, institution, or association.

(5) "Third-party user" means a business entity that uses the services of a day laborer provided by a labor pool.

NEW SECTION. Sec. 3. (1) A labor pool must compensate day laborers for work performed in legal tender of the United States or checks on banks convertible into cash on demand at full face value.

(2) A labor pool may not charge a day laborer for directly or indirectly cashing the day laborer's check, or request or require that a day laborer waive the protections of this section.

(3) A day laborer aggrieved by a violation of this section may bring a civil action against the labor pool in superior court to recover actual damages, including incidental and consequential damages, or one thousand dollars, whichever is greater, together with the costs of the suit and reasonable attorneys' fees. The remedy under this section is in addition to any other remedies at law or equity.

NEW SECTION. Sec. 4. Sections 2 and 3 of this act are each added to chapter 49.48 RCW.