BILL REQ. #: H-0329.3
| State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 02/08/2007. Referred to Committee on Commerce & Labor.
AN ACT Relating to farm labor contractors; amending RCW 19.30.010, 19.30.030, 19.30.040, 19.30.050, 19.30.060, 19.30.070, 19.30.081, 19.30.110, 19.30.120, 19.30.160, 19.30.170, and 19.30.190; adding new sections to chapter 19.30 RCW; creating new sections; repealing RCW 19.30.090; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 19.30.010 and 1985 c 280 s 1 are each amended to read
as follows:
(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.
(((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)); or
(b) Any common carrier or full time regular employees thereof while
transporting agricultural ((employees)) workers, nor to 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: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;
(2) Such person demonstrates to the director that he or she is in
full compliance with all applicable state and federal laws;
(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. 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));
(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) Is not in compliance with the payment terms of a settlement
agreement arising out of activities as a farm labor contractor in any
state or country.
Sec. 3 RCW 19.30.040 and 1987 c 216 s 1 are each amended to read
as follows: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 such criteria as the
director adopts by rule, subsections (2) and (3) of this section, and
the maximum number of employees the contractor employs at any time
during the year. The bond or security shall be:
(a) Not less than ten thousand dollars if the contractor employs no
more than twenty agricultural workers;
(b) Not less than twenty thousand dollars if the contractor employs
twenty-one to fifty agricultural workers;
(c) Not less than thirty thousand dollars if the contractor employs
fifty-one or more agricultural workers.
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.
(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 character, competency, and responsibility, and the farm
labor contractor's record of compliance with this chapter and other
federal and state laws relating to farm labor contracting activities.
(c) The director's decision to raise the amount of the bond or
require additional security, but not the director's decision as to the
increased amount, is final and not subject to appeal.
(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)) ten 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:
(2) 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
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) 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:
(2) The director may immediately 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;)) (a) The farm labor contractor ((
(2)has made any
misrepresentations or false statements in his or her application for a
license;)) 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;
(3)
(b) The farm labor contractor's character, competency, or
responsibility 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)) workers;
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
(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 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:
(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: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.)) expires one year from the date of approval of the license.
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)
Sec. 8 RCW 19.30.110 and 1985 c 280 s 9 are each amended to read
as follows:
(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)) (m) The name and address of the surety on the contractor's
bond and the workers' right to claim against the bond; and
(l)
(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.
Sec. 9 RCW 19.30.120 and 1985 c 280 s 10 are each amended to read
as follows:
(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 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).
(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: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:
(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: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:
(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 a
written statement of the reasons for the director's final disposition
of the case.
(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:
(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:
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