HB 2106 -
By Representative Chandler
On page 1, beginning on line 3 of the amendment, strike all material through "law." on page 21, line 20, and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 19.30 RCW
to read as follows:
The legislature finds that farm labor contractors can benefit
migrant and seasonal workers by providing the opportunity for stable
full-time work, and farm labor contractors can benefit agricultural
employers by providing farm skilled workers and assisting employers in
complying with numerous hiring regulations. The legislature also finds
that there is the potential for abuse of workers, and the potential for
increased liability for farmers, if the industry is not properly
regulated. It is therefore the intent of the legislature to establish
a vibrant and well-regulated farm labor contracting industry to
mutually benefit farmers and farm workers in our state.
Sec. 2 RCW 19.30.030 and 1985 c 280 s 3 are each amended to read
as follows:act)) operate as a farm labor contractor
until:
(1) Such person has executed a written application for each year
that the applicant seeks to operate as a farm labor contractor. The
written application shall be on a form prescribed by the director, be
subscribed and sworn to by the applicant, and contain((ing)): (a) A
statement by the applicant of all facts required by the director
concerning the applicant's character, competency, responsibility, and
the manner and method by which he or she proposes to conduct operations
as a farm labor contractor if such license is issued((,)); and (b) the
names and addresses of all persons financially interested, either as
partners, stockholders, associates, profit sharers, or providers of
board or lodging to agricultural employees in the proposed operation as
a labor contractor, together with the amount of their respective
interests;
(2) The director shall create a simplified license renewal
application for the second and subsequent years that an entity applies
for a license;
(3) The director, after investigation, is satisfied as to the
character, competency, and responsibility of the applicant;
(((3))) (4) The applicant has paid to the director a license fee
((of: (1) Thirty-five dollars in the case of a farm labor contractor
not engaged in forestation or reforestation, or (2) one hundred dollars
in the case of a farm labor contractor engaged in forestation or
reforestation or such other sum as the director finds necessary, and
adopts by rule, for the administrative costs of evaluating
applications)). The director shall determine the appropriate amount of
the license fee, not to exceed one hundred dollars for a farm labor
contractor not engaged in forestation or reforestation, and two hundred
dollars for a farm labor contractor engaged in forestation or
reforestation;
(((4))) (5) The applicant has successfully passed a qualifying
examination designed to test the applicant's ability, knowledge, and
proficiency to conduct and manage the business of a farm labor
contractor in compliance with applicable laws and regulations. By July
1, 2012, the director shall prescribe the requirements for and the
manner of testing the competency of license applicants;
(6) The applicant has filed proof satisfactory to the director of
the existence of a policy of insurance with any insurance carrier
authorized to do business in the state of Washington in an amount
satisfactory to the director, which insures the contractor against
liability for damage to persons or property arising out of the
contractor's operation of, or ownership of, any vehicle or vehicles for
the transportation of individuals in connection with the contractor's
business, activities, or operations as a farm labor contractor;
(((5))) (7) The applicant has filed a surety bond or other security
which meets the requirements set forth in RCW 19.30.040;
(((6))) (8) The applicant executes a written statement which shall
be subscribed and sworn to and shall contain the following declaration:
"With regards to any action filed against me concerning my
activities as a farm labor contractor, I appoint the director of the
Washington department of labor and industries as my lawful agent to
accept service of summons when I am not present in the jurisdiction in
which the action is commenced or have in any other way become
unavailable to accept service"; and
(((7))) (9) The applicant has stated on his or her application
whether or not ((his or her contractor's license or the license of))
the applicant or any of ((his or her)) the applicant's agents,
partners, associates, stockholders, or profit sharers:
(a) Has ever ((been)) had his or her license suspended, revoked, or
denied by any state or federal agency((, and whether or not there are
any outstanding judgments against him or her or any of his or her
agents, partners, associates, stockholders, or profit sharers)); and
(b) Has any outstanding debts against him or her from final state
or federal administrative determinations or judgments in any state or
federal court arising out of activities as a farm labor contractor in
any state or country.
NEW SECTION. Sec. 3 The department of labor and industries shall
convene a work group to discuss concerns and develop recommendations
regarding the licensure and regulation of farm labor contractors. The
work group shall report its recommendations to the house of
representatives commerce and labor committee and the senate labor,
commerce, research and development committee by December 1, 2007. Any
recommendations requiring amendments or additions to the farm labor
contractor act shall include proposed legislation. Any recommendations
requiring appropriations shall include proposed decision packages.
This section expires April 1, 2008."
Correct the title.
EFFECT: Expresses the legislature's intent to establish a vibrant
and well-regulated farm labor contracting industry.
Modifies the section relating to the requirements for issuing
licenses as follows:
Strikes an explicit requirement that applicant demonstrate full
compliance applicable state and federal laws.
Strikes an explicit requirement that an applicant be in compliance
with the payment terms of settlement agreements arising out of farm
labor contracting activities in any state or country.
Adds a requirement that the director of the Department of Labor and
Industries create a simplified license renewal application.
Adds a specific date (July 1, 2012) by which the director must
prescribe the requirements and the manner of testing applicants.
Directs the Department to convene a work group to discuss concerns
and develop recommendations regarding the licensure and regulation of
farm labor contractors, and to report its recommendations to
legislative committees by December 1, 2007.
Strikes remainder of underlying bill, including sections relating
to: (1) Definitions; (2) the denial, suspension, and revocation of
licenses; (3) surety bonds; (4) the duties and prohibited acts of
contractors; (5) nondiscrimination; (6) complaints; and (7)
transportation safety standards.