Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Labor & Workforce Development Committee

HB 1057

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Creating the farm labor account.

Sponsors: Representatives Hudgins, Green and Reykdal; by request of Department of Labor & Industries.

Brief Summary of Bill

  • Creates the Farm Labor Account for the farm labor contractor licensing program.

Hearing Date: 1/12/11

Staff: Jill Reinmuth (786-7134).

Background:

The state Farm Labor Contractor Act (FLCA) provides for licensing and regulation of farm labor contractors. A "farm labor contractor" is a person who, for a fee, performs any farm labor contracting activity. "Farm labor contracting activity" means recruiting, soliciting, employing, supplying, transporting, or hiring agricultural workers.

The Director of the Department of Labor and Industries (Director) issues licenses to farm labor contractors. The fees are $35 per year for farm labor contractors not engaged in forestation or reforestation, and $100 per year for those who are engaged in forestation or reforestation. There are also surety bond and insurance requirements.

The Director also enforces various requirements and prohibitions applicable to farm labor contractors. The Director may bring suit upon a surety bond on behalf of a worker whose rights have been violated or seek to enjoin a person acting as a farm labor contractor in violation of the Act. There are civil penalties of up to $1,000, as well as criminal penalties for certain violations of the Act.

Summary of Bill:

A dedicated account, the Farm Labor Account, is created. The account is subject to appropriation.

Receipts from farm labor licenses, surety bonds, and penalties and donations must be deposited into the account. Interest earnings are credited to the State General Fund, and are not retained in the account.

Expenditures may be used only for administering the farm labor contractor licensing program, and are subject to authorization from the Director.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.