BILL REQ. #:  S-2291.1 

READ FIRST TIME 03/02/09.   

     AN ACT Relating to protecting workers from human trafficking violations; amending RCW 18.71.080, 18.83.090, and 18.225.040; adding a new chapter to Title 19 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Domestic employers of foreign workers" means a person or persons residing in the state of Washington who recruit or employ a foreign worker to perform work in Washington state.
     (2) "Foreign worker" or "worker" means a person who is not a citizen of the United States and who comes to Washington state based on an offer of employment. "Foreign worker" or "worker" does not include persons who hold an H-1B visa and come to work in the state.
     (3) "International labor recruitment agency" means a corporation, partnership, business, or other legal entity, whether or not organized under the laws of the United States or any state, that does business in the United States and offers Washington state entities engaged in the employment or recruitment of foreign workers, employment referral services involving citizens of a foreign country or countries by acting as an intermediary between these foreign workers and Washington employers.

NEW SECTION.  Sec. 2   (1) Domestic employers of foreign workers and international labor recruitment agencies must provide a disclosure statement as described in this section to foreign workers who have been referred to or hired by a Washington employer.
     (2) The disclosure statement must:
     (a) Be provided in the primary language spoken by the worker;
     (b) State that the worker may be considered an employee under the laws of the state of Washington and is subject to state worker health and safety laws and may be eligible for workers' compensation insurance and unemployment insurance;
     (c) State that the worker may be subject to both state and federal laws governing overtime and work hours, including the minimum wage act under chapter 49.46 RCW;
     (d) Include an itemized listing of any deductions the employer intends to make from the worker's pay for food and housing;
     (e) Include an itemized listing of the international labor recruitment agency's fees;
     (f) State that the worker has the right to control over his or her travel and labor documents, including his or her visa, at all times and that the employer may not require the employee to surrender those documents to the employer or to the international labor recruitment agency while the employee is working in the United States;
     (g) Include a list of services or a hot line a worker may contact if he or she thinks that he or she may be a victim of trafficking.
     (3) The department of labor and industries may create a model disclosure form and post the model form on its web site so that domestic employers of foreign workers and international labor recruitment agencies may download the form, or mail the form upon request. The disclosure statement must be given to the worker no later than the date that the worker arrives at the place of employment in Washington.

NEW SECTION.  Sec. 3   For purposes of establishing personal jurisdiction under this chapter, an international labor recruitment agency or a domestic employer of a foreign worker is deemed to be doing business in Washington and is subject to the jurisdiction of the courts of Washington state if the agency or employer contracts for employment services with a Washington resident or is considered to be doing business under any other provision or rule of law.

NEW SECTION.  Sec. 4   The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.

Sec. 5   RCW 18.71.080 and 1996 c 191 s 52 are each amended to read as follows:
     (1) Every person licensed to practice medicine in this state shall pay licensing fees and renew his or her license in accordance with administrative procedures and administrative requirements adopted as provided in RCW 43.70.250 and 43.70.280. The commission may establish rules governing mandatory continuing education requirements which shall be met by physicians applying for renewal of licenses. The rules shall provide that mandatory continuing education requirements may be met in part by physicians showing evidence of the completion of approved activities relating to professional liability risk management.
     (2)(a) The rules must also provide that all persons licensed to practice medicine in this state must undergo one-time instruction in human trafficking that is culturally sensitive and that teaches methods of recognizing victims of human trafficking, including minor victims, what services are available for these victims, and where to report potential trafficking situations. The instruction may be taken either as part of their mandatory continuing education requirements or as part of their employee orientation training.
     (b) The commission must develop the instruction within existing resources and may collaborate with a local university or college, and community organizations with experience in assisting or providing services to victims of human trafficking.
     (3) The commission, in its sole discretion, may permit an applicant who has not renewed his or her license to be licensed without examination if it is satisfied that such applicant meets all the requirements for licensure in this state, and is competent to engage in the practice of medicine.

Sec. 6   RCW 18.83.090 and 1996 c 191 s 68 are each amended to read as follows:
     (1) The board shall establish rules governing mandatory continuing education requirements which shall be met by any psychologist applying for a license renewal.
     (2)(a) The rules must include a requirement that all persons licensed under this chapter must undergo one-time instruction in human trafficking that is culturally sensitive and that teaches methods of recognizing victims of human trafficking, including minor victims, what services are available for these victims, and where to report potential trafficking situations. The instruction may be taken either as part of their mandatory continuing education requirements or as part of their employee orientation training.
     (b) The board must develop the instruction within existing resources and may collaborate with a local university or college, and community organizations with experience in assisting or providing services to victims of human trafficking.
     (3) Administrative procedures, administrative requirements, and fees for renewal and reissue of licenses shall be established as provided in RCW 43.70.250 and 43.70.280.

Sec. 7   RCW 18.225.040 and 2001 c 251 s 4 are each amended to read as follows:
     In addition to any other authority provided by law, the secretary has the authority to:
     (1) Adopt rules under chapter 34.05 RCW necessary to implement this chapter. Any rules adopted shall be in consultation with the committee;
     (2) Establish all licensing, examination, and renewal fees in accordance with RCW 43.70.250;
     (3) Establish forms and procedures necessary to administer this chapter;
     (4) Issue licenses to applicants who have met the education, training, and examination requirements for licensure and to deny a license to applicants who do not meet the requirements;
     (5) Hire clerical, administrative, investigative, and other staff as needed to implement this chapter, and hire individuals licensed under this chapter to serve as examiners for any practical examinations;
     (6) Administer and supervise the grading and taking of examinations for applicants for licensure;
     (7) Determine which states have credentialing requirements substantially equivalent to those of this state, and issue licenses to individuals credentialed in those states without examinations;
     (8) Implement and administer a program for consumer education in consultation with the committee;
     (9)(a) Adopt rules implementing a continuing education program in consultation with the committee. The rules must include a requirement that all persons licensed under this chapter must undergo one-time instruction in human trafficking that is culturally sensitive and that teaches methods of recognizing victims of human trafficking, including minor victims, what services are available for these victims, and where to report potential trafficking situations. The instruction may be taken either as part of their mandatory continuing education requirements or as part of their employee orientation training;
     (b) The committee must develop the instruction within existing resources and may collaborate with a local university or college, and community organizations with experience in assisting or providing services to victims of human trafficking;
     (10) Maintain the official record of all applicants and licensees; and
     (11) Establish by rule the procedures for an appeal of an examination failure.

NEW SECTION.  Sec. 8   Sections 1 through 4 of this act constitute a new chapter in Title 19 RCW.

NEW SECTION.  Sec. 9   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2009, in the omnibus appropriations act, this act is null and void.