"Sec. 1   RCW 19.30.010 and 1985 c 280 s 1 are each amended to read as follows:
     DEFINITIONS. As used in this chapter:
     (1) "Person" includes any individual, firm, partnership, association, corporation, or unit or agency of state or local government.
     (2) "Applicant" means any person who has submitted a written application to operate as a farm labor contractor, but who has not yet been issued a license to operate as a farm labor contractor, as specified in RCW 19.30.030.
     (3) "Farm labor contractor" means any person, or his or her agent or subcontractor, who, for a fee, performs any farm labor contracting activity, but not an agricultural employer who owns and operates a farm and allows workers who are primarily employed on that farm to perform agricultural work on another farm within a distance and for a duration to be specified in rule by the department.
     (((3))) (4) "Farm labor contracting activity" means recruiting, soliciting, employing, supplying, transporting, or hiring agricultural ((employees)) workers.
     (((4))) (5) "Agricultural employer" means any person engaged in agricultural activity, including but not limited to: The growing, producing, or harvesting of farm or nursery products((, or engaged in)); the forestation or reforestation of lands, ((which includes but is)) including but not limited to the planting, transplanting, tubing, precommercial thinning, and thinning of trees and seedlings, the clearing, piling, and disposal of brush and slash, and the harvest of Christmas trees((,)); and other related activities.
     (((5))) (6) "Agricultural ((employee)) worker" means any person who seeks to render((s)) personal services to((,)) or is under the direction of((,)) an agricultural employer in connection with the employer's agricultural activity.
     (((6))) (7) "Agricultural guest worker" is an agricultural worker who is temporarily present in the United States as a nonimmigrant under federal law, including but not limited to subparagraph (H)(ii) of section 101(a)(15) of the federal immigration and naturalization act.
     (8) This chapter shall not apply to the following:
     (a) Employees of the employment security department acting in their official capacity or their agents((, nor to));
     (b) Any common carrier or full time regular employees thereof while transporting agricultural ((employees)) workers((, nor to)); or
     (c) Any person who performs any of the services enumerated in subsection (((3))) (4) of this section only within the scope of his or her regular employment for one agricultural employer on whose behalf he or she is so acting, unless he or she is receiving a commission or fee, which commission or fee is determined by the number of workers recruited((, or to a nonprofit corporation or organization which performs the same functions for its members. Such nonprofit corporation or organization shall be one in which:
     (a) None of its directors, officers, or employees are deriving any profit beyond a reasonable salary for services performed in its behalf.
     (b) Membership dues and fees are used solely for the maintenance of the association or corporation)).
     (((7))) (9) "Fee" means:
     (a) Any money or other valuable consideration paid or promised to be paid for services rendered or to be rendered by a farm labor contractor.
     (b) Any valuable consideration received or to be received by a farm labor contractor for or in connection with any of the services described in subsection (((3))) (4) of this section, and shall include the difference between any amount received or to be received by him or her, and the amount paid out by him or her for or in connection with the rendering of such services.
     (((8))) (10) "Director" as used in this chapter means the director of the department of labor and industries of the state of Washington.

Sec. 2   RCW 19.30.030 and 1985 c 280 s 3 are each amended to read as follows:
     LICENSE--REQUIREMENTS FOR ISSUING. The director shall not issue to any person a license to ((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)) workers in the proposed operation as a labor contractor, together with the amount of their respective interests, and the names of all agents or subcontractors in the proposed operation of the farm labor contractor who will engage in farm labor contracting activities on behalf of the farm labor contractor;
     (2) The director, after investigation, is satisfied as to the ((character, competency, and responsibility of the applicant)) applicant's record of compliance with applicable laws and capacity to meet the applicant's financial obligations;
     (3) 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) Effective January 1, 2009, the applicant has successfully passed a qualifying examination as specified in this subsection.
     (a) The examination shall be 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 rules;
     (b) The director shall require the applicant to successfully pass the examination for issuance of an initial license or issuance of a license following revocation of an applicant's state or federal farm labor contractor license, and may require the applicant to successfully pass the examination for renewal of a license; and
     (c) The director shall adopt rules prescribing the requirements for and the manner of testing the competency of license applicants;
     (5) 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))) (6) The applicant has filed a surety bond or other security which meets the requirements set forth in RCW 19.30.040;
     (((6))) (7) 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))) (8) 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));
     (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; and
     (c) Has any outstanding debts against him or her from any settlement agreements arising out of a state or federal court or administrative action relating to activities as a farm labor contractor in any state and whether any payments from any such settlement agreement are past due.

Sec. 3   RCW 19.30.040 and 1987 c 216 s 1 are each amended to read as follows:
     SURETY BOND--SECURITY. (1) The director shall require the deposit of a surety bond, or cash or other security as described in subsection (6) of this section, by any person acting as a farm labor contractor under this chapter to insure compliance with the provisions of this chapter, including payment to workers of all sums owing in the event that a license is revoked. ((Such bond shall be in an amount specified by the director in accordance with such criteria as the director adopts by rule but shall not be less than five thousand dollars.)) The amount of the bond or other security shall be based on the maximum number of workers the contractor will recruit, solicit, employ, supply, transport, or hire at any time during the year; the scope of the contractor's activities; the contractor's financial capacity; subsections (2) and (3) of this section; and such criteria as the director adopts by rule.
     The bond shall be payable to the state of Washington and be conditioned on payment of sums legally owing under contract and under RCW 19.30.170 to ((an)) any agricultural ((employee)) workers. The aggregate liability of the surety upon such bond for all claims which may arise thereunder shall not exceed the face amount of the bond.
     (a) If the contractor employs agricultural workers, the bond or security shall be:
     (i) Not less than ten thousand dollars if the contractor employs from one to twenty agricultural workers;
     (ii) Not less than twenty thousand dollars if the contractor employs twenty-one to fifty agricultural workers;
     (iii) Not less than thirty thousand dollars if the contractor employs fifty-one or more agricultural workers;
     (b) If the contractor employs no agricultural workers, the bond or security shall be:
     (i) Not less than five thousand dollars if the contractor performs farm labor contracting activities with respect to no more than twenty agricultural workers;
     (ii) Not less than ten thousand dollars if the contractor performs farm labor contracting activities with respect to more than twenty agricultural workers.
     (2) For purposes of this subsection, "repatriation costs" include travel expenses for returning agricultural guest workers to their home in their country of origin, and room, board, and other living expenses for agricultural guest workers while they await repatriation if the farm labor contractor fails to make timely repatriation of agricultural guest workers.
     (a) The director shall raise the amount of the bond or require additional security to be deposited by a farm labor contractor for the first year that the contractor is participating or applying to participate in an agricultural guest worker program and is liable under law or contract for the repatriation costs for the agricultural guest worker unless the contractor demonstrates to the director that it has the financial capacity to return workers to their homes in their country of origin and a record of operating in the state as a farm labor contractor for at least two years in compliance with applicable laws.
     (b) The director is authorized to raise the amount of the surety bond or require additional security to be deposited by a farm labor contractor for the second and any subsequent year that a farm labor contractor is participating or applying to participate in an agricultural guest worker program, and is liable under law or contract for the repatriation costs for the agricultural guest workers. In deciding whether to raise the amount of the surety bond or require additional security, the director shall consider the farm labor contractor's record of compliance with this chapter and other federal and state laws relating to farm labor contracting activities.
     (3) The amount of the bond may be raised or additional security required by the director, upon his or her own motion or upon petition to the director by any person, when it is shown that the security or bond is insufficient to satisfy the contractor's potential liability for the licensed period.
     (((3))) (4) No surety insurer may provide any bond, undertaking, recognizance, or other obligation for the purpose of securing or guaranteeing any act, duty, or obligation, or the refraining from any act with respect to a contract using the services of a farm labor contractor unless the farm labor contractor has made application for or has a valid license issued under RCW 19.30.030 at the time of issuance of the bond, undertaking, recognizance, or other obligation.
     (((4))) (5) Surety bonds may not be canceled or terminated during the period in which the bond is executed unless thirty days' notice is provided by the surety to the department. The bond is written for a one-year term and may be renewed or extended by continuation certification at the option of the surety.
     (((5))) (6) In lieu of the surety bond required by this section, the contractor may file with the director a deposit consisting of cash or other security acceptable to the director. ((The deposit shall not be less than five thousand dollars in value.)) The security deposited with the director in lieu of the surety bond shall be returned to the contractor at the expiration of three years after the farm labor contractor's license has expired or been revoked if no legal action has been instituted against the contractor or on the security deposit at the expiration of the three years.
     (((6))) (7) If a contractor has deposited a bond with the director and has failed to comply with the conditions of the bond as provided by this section, and has departed from this state, service may be made upon the surety as prescribed in RCW 4.28.090.

Sec. 4   RCW 19.30.050 and 1985 c 280 s 5 are each amended to read as follows:
     LICENSE--GROUNDS FOR DENYING. (1) Any person may protest the issuance or renewal of a license under this section.
     (2) In accordance with the procedures in chapter 34.05 RCW, the director shall deny an application for a license to operate as a farm labor contractor ((shall be denied)) if the director determines that:
     (((1) To any person who)) (a) The applicant has made any material misrepresentations or material false statements in his or her application for a license;
     (b) The applicant has failed to fully satisfy any outstanding debts owing against him or her from final state or federal administrative determinations or judgments in any state or federal court or to comply with any payment terms of settlement agreements arising out of a state or federal court or administrative action relating to activities as a farm labor contractor in any state or country, including final determinations and settlement agreements involving the applicant or any of his or her agents, partners, associates, stockholders, or profit sharers. The director shall make this determination with reasonable and practicable efforts;
     (c) A final administrative or judicial determination shows that the applicant engaged in, or willfully aided or abetted, the violation of one or more civil or criminal laws that, for one or more employees, either resulted in serious financial harm or created the danger of serious physical harm;
     (d) The applicant sells or proposes to sell intoxicating liquors in a building or on premises where he or she operates or proposes to operate as a farm labor contractor((,)); or
     (((2) To a person whose)) (e) The applicant's farm labor contractor license ((has been)) issued under this chapter or federal law was revoked within three years from the date of application.
     (3) In accordance with the procedures in chapter 34.05 RCW, the director may deny an application for a license to operate as a farm labor contractor if the director determines that the applicant's farm labor contractor license issued in another state was revoked within three years from the date of application.

Sec. 5   RCW 19.30.060 and 1997 c 58 s 846 are each amended to read as follows:
     LICENSE--REVOCATION, SUSPENSION. (1) Any person may protest the grant, continuation, or renewal of a license under this section.
     (2) In accordance with the procedures in chapter 34.05 RCW, the director may revoke((,)) or suspend((, or refuse to issue or renew any)) a license ((when it is shown)) to operate as a farm labor contractor if the director determines that:
     (((1) The farm labor contractor or any agent of the contractor has violated or failed to comply with any of the provisions of this chapter;
     (2))) (a) The farm labor contractor ((has made any misrepresentations or false statements in his or her application for a license;
     (3))) or any agent of the contractor has engaged in actions that would result in the denial or refusal of a license under RCW 19.30.050;
     (b) The farm labor contractor's record of compliance with applicable laws or capacity to meet the contractor's financial obligations are not satisfactory;
     (c) The conditions under which the license was issued have changed or no longer exist;
     (((4))) (d) The farm labor contractor, or any agent of the contractor, has violated or willfully aided or abetted any person in the violation of, or failed to comply with, any law of the state of Washington regulating employment in agriculture, the payment of wages to farm employees, or the conditions, terms, or places of employment affecting the health and safety of farm employees, which is applicable to the business activities, or operations of the contractor in his or her capacity as a farm labor contractor;
     (((5))) (e) The farm labor contractor or any agent of the contractor has in recruiting ((farm labor)) agricultural workers solicited or induced the violation of any then existing contract of employment of such ((laborers; or
     (6) The farm labor contractor or any agent of the contractor has an unsatisfied judgment against him or her in any state or federal court, arising out of his or her farm labor contracting activities)) workers; or
     (f) There is a danger to the public health, safety, or welfare from the continued operations of the farm labor contractor.
     (3)(a) If the director revokes or suspends a license, the director may permit the farm labor contractor to continue to operate within the period of licensure solely to complete an existing contract period for which agricultural workers have commenced work.
     (b) If the director allows continuation of an existing contract after revocation or suspension of a license, the farm labor contractor may not represent that it is licensed as a farm labor contractor for any purpose other than completing an existing contract as permitted by the director.
     (c) If the director does not permit the farm labor contractor to continue to operate to complete an existing contract period under (b) of this subsection, the farm labor contractor may appeal under RCW 34.05.479.
     (d) The director shall monitor the contractor's compliance with this chapter while the contractor completes any contracts under this subsection (3).
     (4) The director may order summary suspension of a license to operate as a farm labor contractor in accordance with RCW 34.05.422.
     (5) The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order ((or a residential or visitation order)). If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.

Sec. 6   RCW 19.30.070 and 1985 c 280 s 7 are each amended to read as follows:
     LICENSE--CONTENTS. Each license shall contain, on the face thereof:
     (1) The name and address of the licensee and the fact that he or she is licensed to ((act)) operate as a farm labor contractor for the period upon the face of the license only;
     (2) The number, date of issuance, and date of expiration of the license;
     (3) The amount of the surety bond deposited by the licensee;
     (4) The fact that the license may not be transferred or assigned; and
     (5) A statement that the licensee is or is not licensed to transport workers.

Sec. 7   RCW 19.30.081 and 1987 c 216 s 3 are each amended to read as follows:
     LICENSE--DURATION. ((Farm labor contractors may hold either)) The director may issue a one-year license ((or a two-year license)) to operate as a farm labor contractor, at the director's discretion. The one-year license ((shall run to and include the 31st day of December next following the date thereof unless sooner revoked by the director. A license may be renewed each year upon the payment of the annual license fee, but the director shall require that evidence of a renewed bond be submitted and that the contractor have a bond in full force and effect.
     The two-year license shall run to and include the 31st day of December of the year following the year of issuance unless sooner revoked by the director. This license may be renewed every two years under the same terms as the one-year license, except that a farm labor contractor possessing a two-year license shall have evidence of a bond in full force and effect, and file an application on which he or she shall disclose all information required by RCW 19.30.030 (1)(b), (4), and (7))) expires one year from the date of approval of the license.

Sec. 8   RCW 19.30.110 and 1985 c 280 s 9 are each amended to read as follows:
     FARM LABOR CONTRACTOR--DUTIES. Every person acting as a farm labor contractor shall:
     (1) Carry a current farm labor contractor's license at all times and exhibit it to all persons with whom the contractor intends to deal in the capacity of a farm labor contractor prior to so dealing.
     (2) Disclose to every person with whom he or she deals in the capacity of a farm labor contractor the amount of his or her bond and the existence and amount of any claims against the bond.
     (3) File at the United States post office serving the address of the contractor, as noted on the face of the farm labor contractor's license, a correct change of address immediately upon each occasion the contractor permanently moves his or her address, and notify the director within ten days after an address change is made.
     (4) Promptly when due, pay or distribute to the individuals entitled thereto all moneys or other things of value entrusted to the contractor by any third person for such purpose.
     (5) Comply with the terms and provisions of all legal and valid agreements ((and)), contracts, and conditions of employment entered into between the contractor in the capacity of a farm labor contractor and third persons.
     (6) File information regarding work offers with the nearest employment service office, such information to include wages and work to be performed and any other information prescribed by the director.
     (7) On a form prescribed by the director, furnish to each worker, at the time of hiring, recruiting, soliciting, or supplying, whichever occurs first, a written statement in English and any other language common to workers who are not fluent or literate in English that contains a description of:
     (a) The compensation to be paid and the method of computing the rate of compensation;
     (b) The terms and conditions of any bonus offered, including the manner of determining when the bonus is earned;
     (c) The terms and conditions of any loan made to the worker;
     (d) The amount of all fees charged or to be charged the worker, not to exceed the amount allowed under RCW 19.30.120, and the method of such payment or reimbursement;
     (e) The conditions of any transportation, housing, board, health, and day care services or any other employee benefit to be provided by the farm labor contractor ((or by his or her agents)), and the costs to be charged for each of them;
     (((e))) (f) The terms and conditions of employment, including the approximate length of season or period of employment and the approximate starting and ending dates thereof, and the crops on which and kinds of activities in which the worker may be employed;
     (((f))) (g) The terms and conditions under which the worker is furnished clothing or equipment;
     (((g))) (h) The place of employment;
     (((h))) (i) The name and address of the owner of all operations, or the owner's agent, where the worker will be working as a result of being recruited, solicited, supplied, or employed by the farm labor contractor;
     (((i))) (j) The existence of a labor dispute at the worksite;
     (((j))) (k) The name and address of the farm labor contractor;
     (((k))) (l) The existence of any arrangements with any owner or agent of any establishment at the place of employment under which the farm labor contractor is to receive a fee or any other benefit resulting from any sales by such establishment to the workers; ((and
     (l))) (m) The name and address of the surety on the contractor's bond and the workers' right to claim against the bond; and
     (n) A statement that section 15 of this act prohibits farm labor contractors, agricultural employers, and agricultural workers from exempting themselves from the burdens or waiving the benefits of this chapter by any agreement, and that section 15 of this act provides that any such agreement is void to the extent it allows for such exemptions or waivers.
     (8) Furnish to the worker each time the worker receives a compensation payment from the farm labor contractor, a written statement itemizing the total payment and the amount and purpose of each deduction therefrom, hours worked, rate of pay, and pieces done if the work is done on a piece rate basis, and if the work is done under the Service Contract Act (41 U.S.C. Secs. 351 through 401) or related federal or state law, a written statement of any applicable prevailing wage.
     (9) With respect to each worker recruited, solicited, employed, supplied, or hired by the farm labor contractor:
     (a) Make, keep, and preserve for three years a record of the following information:
     (i) The basis on which wages are paid;
     (ii) The number of piecework units earned, if paid on a piecework basis;
     (iii) The number of hours worked;
     (iv) The total pay period earnings;
     (v) The specific sums withheld and the purpose of each sum withheld; and
     (vi) The net pay; and
     (b) Provide to any other farm labor contractor and to any user of farm labor for whom he or she recruits, solicits, supplies, hires, or employs workers copies of all records, with respect to each such worker, which the contractor is required by this chapter to make, keep, and preserve. The recipient of such records shall keep them for a period of three years from the end of the period of employment. When necessary to administer this chapter, the director may require that any farm labor contractor provide the director with certified copies of his or her payroll records for any payment period.
     The record-keeping requirements of this chapter shall be met if either the farm labor contractor or any user of the contractor's services makes, keeps, and preserves for the requisite time period the records required under this section, and so long as each worker receives the written statements specified in subsection (8) of this section. A farm labor contractor that is not engaged in employing, supervising, or paying agricultural workers is not required to comply with subsections (8) and (9) of this section if the user of the contractor's services has certified in writing that the user will provide the information required by subsection (8) of this section and keep the records required by subsection (9) of this section.

Sec. 9   RCW 19.30.120 and 1985 c 280 s 10 are each amended to read as follows:
     FARM LABOR CONTRACTOR--PROHIBITED ACTS. No person acting as a farm labor contractor shall:
     (1) Make any misrepresentation or false statement in an application for a license.
     (2) Make or cause to be made, to any person, any false, fraudulent, or misleading representation, or publish or circulate or cause to be published or circulated any false, fraudulent, or misleading information concerning the terms or conditions or existence of employment at any place or places, or by any person or persons, or of any individual or individuals.
     (3) Charge, or knowingly allow his or her agent, partner, associate, or any person with whom the farm labor contractor has an agreement to provide labor to charge, any fees to an agricultural worker that in total exceed twenty-five percent of gross wages to be paid to the worker for his or her first one hundred eighty hours of work, such wages to be calculated pursuant to the wage disclosure in the written statement provided under RCW 19.30.110(7). The limitation on fees under this subsection does not apply to charges for employee benefits that are payable after the worker's date of hire and disclosed pursuant to RCW 19.30.110(7).
     (4) Send or transport any worker to any place where the farm labor contractor knows a strike or lockout exists.
     (((4))) (5) Do any act in the capacity of a farm labor contractor, or cause any act to be done, which constitutes a crime involving moral turpitude under any law of the state of Washington.

Sec. 10   RCW 19.30.160 and 1987 c 216 s 4 are each amended to read as follows:
     CIVIL PENALTY--HEARING--COURT ACTION. (1) In addition to any criminal penalty imposed under RCW 19.30.150, the director may assess against any person who violates this chapter, or who violates any rule adopted under this chapter, a civil penalty of not more than ((one)) two thousand dollars for each violation.
     (2) The person shall be afforded the opportunity for a hearing, upon request to the director made within thirty days after the date of issuance of the notice of assessment. The hearing shall be conducted in accordance with chapter 34.05 RCW.
     (3) If any person fails to pay an assessment after it has become a final and unappealable order, or after the court has entered final judgment in favor of the agency, the director shall refer the matter to the state attorney general, who shall recover the amount assessed by action in the appropriate superior court. In such action, the validity and appropriateness of the final order imposing the penalty shall not be subject to review.
     (4) Without regard to other remedies provided in this chapter, the department may bring suit upon the surety bond filed by the farm labor contractor on behalf of a worker whose rights under this chapter have been violated by the contractor. The action may be commenced in any court of competent jurisdiction. In any such action, there shall be compliance with the notice and service requirements set forth in RCW 19.30.170. The director shall also give notice of any such action to agricultural employers for whom the farm labor contractor is known to have performed any farm labor contracting activity during the current year. The failure of the department to give notice of any such action to any agricultural employers, however, does not bar the action.

Sec. 11   RCW 19.30.170 and 1987 c 216 s 5 are each amended to read as follows:
     CIVIL ACTIONS. (1) After filing a notice of a claim with the director, in addition to any other penalty provided by law, any person aggrieved by a violation of this chapter or any rule adopted under this chapter may bring suit in any court of competent jurisdiction of the county in which the claim arose, or in which either the plaintiff or respondent resides, without regard to the amount in controversy and without regard to exhaustion of any alternative administrative remedies provided in this chapter. No such action may be commenced later than three years after the date of the violation giving rise to the right of action. In any such action the court may award to the prevailing party, in addition to costs and disbursements, reasonable attorneys' fees at trial and appeal.
     (2) In any action under subsection (1) of this section, if the court finds that the respondent has violated this chapter or any rule adopted under this chapter, it may award damages up to and including an amount equal to the amount of actual damages, or statutory damages of five hundred dollars per plaintiff per violation, whichever is greater, or other equitable relief.
     (3) Without regard to other remedies provided in this chapter, a person having a claim against the farm labor contractor for any violation of this chapter may bring suit against the farm labor contractor and the surety bond or security deposit filed by the contractor pursuant to RCW 19.30.040, in any court of competent jurisdiction of the county in which the claim arose, or in which either the claimant or contractor resides.
     (4) An action upon the bond or security deposit shall be commenced by serving and filing the summons and complaint within three years from the date of expiration or cancellation of the bond or expiration or cancellation of the license, whichever is sooner, or in the case of a security deposit, within three years of the date of expiration or revocation of the license.
     (5) A copy of the summons and complaint in any such action shall be served upon the director at the time of commencement of the action and the director shall maintain a record, available for public inspection, of all suits so commenced. Such service shall constitute service on the farm labor contractor and the surety for suit upon the bond and the director shall transmit the complaint or a copy thereof to the contractor at the address listed in his or her application and to the surety within forty-eight hours after it has been received. The director shall also give notice of any such action to agricultural employers for whom the farm labor contractor is known to have performed any farm labor contracting activity during the current year. The failure of the department to give notice of any such action to any agricultural employers, however, does not bar the action.
     (6) The surety upon the bond may, upon notice to the director and the parties, tender to the clerk of the court having jurisdiction of the action an amount equal to the claims or the amount of the bond less the amount of judgments, if any, previously satisfied therefrom and to the extent of such tender the surety upon the bond shall be exonerated.
     (7) If the actions commenced and pending at any one time exceed the amount of the bond then unimpaired, the claims shall be satisfied from the bond in the following order:
     (a) Wages, including employee benefits;
     (b) Other contractual damage owed to the ((employee)) worker;
     (c) Any costs and attorneys' fees the claimant may be entitled to recover by contract or statute.
     (8) If any final judgment impairs the bond so furnished so that there is not in effect a bond undertaking in the full amount prescribed by the director, the director shall suspend the license of the contractor until the bond liability in the required amount unimpaired by unsatisfied judgment claims has been furnished. If such bond becomes fully impaired, a new bond must be furnished.
     (9) A claimant against a security deposit shall be entitled to damages under subsection (2) of this section. If the farm labor contractor has filed other security with the director in lieu of a surety bond, any person having an unsatisfied final judgment against the contractor for any violation of this chapter may execute upon the security deposit held by the director by serving a certified copy of the unsatisfied final judgment by registered or certified mail upon the director. Upon the receipt of service of such certified copy, the director shall pay or order paid from the deposit, through the registry of the court which rendered judgment, towards the amount of the unsatisfied judgment. The priority of payment by the director shall be the order of receipt by the director, but the director shall have no liability for payment in excess of the amount of the deposit.

Sec. 12   RCW 19.30.190 and 1985 c 280 s 13 are each amended to read as follows:
     NONDISCRIMINATION. No farm labor contractor or agricultural employer or any agent acting on his or her behalf may intimidate, threaten, restrain, coerce, blacklist, discharge, or in any other manner discriminate against any ((employee)) agricultural worker because:
     (1) The ((employee)) worker has made a claim against the farm labor contractor or agricultural employer for compensation for the ((employee's)) worker's personal services.
     (2) The ((employee)) worker has caused to be instituted any proceedings under ((or related to RCW 19.30.180)) this chapter.
     (3) The ((employee)) worker has testified or is about to testify in any ((such)) proceedings under this chapter.
     (4) The ((employee)) worker has discussed or consulted with anyone concerning the ((employee's)) worker's rights under this chapter.

NEW SECTION.  Sec. 13   A new section is added to chapter 19.30 RCW to read as follows:
     COMPLAINTS. (1) Any agricultural worker, or representative of such worker, who in good faith believes that a violation of this chapter occurred, may request a compliance investigation by giving notice to the director or his or her authorized representative of such violation. Any such notice shall be reduced to writing by the worker, worker's representative, or director's representative, and shall set forth with reasonable particularity the grounds for the notice. A copy of the notice shall be provided to the party who is the subject of the complaint or his or her agent no later than at the time of investigation, except that, upon the request of the person giving such notice, his personal identifying information and such information for individual workers referred to therein shall not appear in such copy or on any record published, released, or made available pursuant to any provision of this chapter or under chapter 42.17 RCW. If upon receipt of such notification the director determines that there are reasonable grounds to believe that such violation occurred, he or she shall conduct an investigation as soon as practicable, to determine if such violation occurred. If the written complaint lacks sufficient clarity or detail to provide reasonable grounds to believe that a violation occurred, the director's representative shall contact the complainant for further information. If the director determines there are no reasonable grounds to believe that a violation occurred, he or she shall notify the party who is the subject of the complaint and the worker or worker's representative in writing of such determination.
     (2) The director shall, by rule, establish procedures for informal review of any refusal by a representative of the director to issue a citation with respect to any such alleged violation, and shall furnish the worker or worker's representative requesting such a review and the party who is the subject of the complaint a written statement of the reasons for the director's final disposition of the case. The rules shall provide that the party who is the subject of the complaint shall have an opportunity to respond to the request for informal review. In providing that opportunity, the director shall withhold personal identifying information relating to the complainant, as provided in subsection (1) of this section.
     (3) The director may issue a citation under this chapter only if the director or the director's representative has a sufficient basis, without relying on information provided by a person whose identity is protected from disclosure under this section, to determine that a violation has occurred. In any appeal of a citation issued under this chapter, the director may not rely on evidence provided by a person whose identity is protected from disclosure under this section. Any person whose identity is protected from disclosure under this section may agree to release his or her identity in order to provide evidence in support of a citation.

NEW SECTION.  Sec. 14   A new section is added to chapter 19.30 RCW to read as follows:
     TRANSPORTATION SAFETY STANDARDS. (1) When using, or causing to be used, any vehicle for the transportation of any agricultural worker for a fee, a farm labor contractor shall:
     (a) Ensure that the vehicle conforms to applicable federal and state safety standards;
     (b) Ensure that the driver of each vehicle used by the contractor to transport agricultural workers has a valid license to operate the vehicle;
     (c) Ensure that the farm labor contractor has a valid farm labor contractor's license specifying that the contractor is authorized to transport agricultural workers;
     (d) Ensure that each occupant has a seat that is properly secured to the vehicle pursuant to the manufacturer's specifications or design;
     (e) Ensure that there is a properly functioning seat belt for each occupant of the vehicle; and
     (f) Have an insurance policy or a liability bond that is in effect and that insures the farm labor contractor against liability for damage to persons or property arising from the ownership, operation, or the causing to be operated of any vehicle used to transport any agricultural worker.
     (2) The farm labor contractor shall demonstrate compliance with this section at the time of application for issuance or renewal of a license under this chapter and as required by the director pursuant to a compliance review or inspection pursuant to a complaint.
     (3) The director shall, to the extent possible, allow farm labor contractors to demonstrate compliance with this section using the same documents used to demonstrate compliance with the motor vehicle safety provisions in section 401 of the federal migrant and seasonal agricultural worker protection act (29 U.S.C. Sec. 1841). Such documents shall include, but not be limited to, vehicle identification and mechanical inspection reports, vehicle operators' licenses, and proof of automobile liability insurance.
     (4) This section applies to the transportation of any agricultural worker by a farm labor contractor, but not to the transportation of any agricultural worker on a tractor, combine, harvester, picker, or other similar machinery and equipment while such worker is actually engaged in the planting, cultivating, or harvesting of any agricultural commodity or the care of livestock or poultry. Also excluded from this section are private vehicles that are not registered to, or owned or controlled by, the agricultural employer or farm labor contractor, that are used by employees to travel from home to the job site or from one job site to another in the course of employment.

NEW SECTION.  Sec. 15   A new section is added to chapter 19.30 RCW to read as follows:
     NO EVASION OF BENEFITS OR BURDENS. Farm labor contractors, agricultural employers, and agricultural workers may not exempt themselves from the burdens or waive the benefits of this chapter by any agreement, and any such agreement is void to the extent it allows for such exemptions or waivers.

NEW SECTION.  Sec. 16   This act applies to all transactions, acts, and omissions of farm labor contractors and users of farm labor contractors that are within the constitutional power of the state to regulate, and not preempted by federal law, including but not limited to the recruitment of workers in this state to perform work outside this state, the recruitment of workers outside this state to perform work in whole or in part in this state, the housing of workers in this state for work in another state, the housing of workers from another state in connection with work to be performed in this state, the transportation of workers through this state, and the payment, terms and conditions, disclosure, and recordkeeping required with respect to work performed outside this state by workers recruited in this state.

NEW SECTION.  Sec. 17   RCW 19.30.090 (License -- Application for renewal) and 1955 c 392 s 9 are each repealed.

NEW SECTION.  Sec. 18   CAPTIONS. Captions used in this act are not any part of the law."