BILL REQ. #:  Z-0137.3 

Prefiled 01/03/11. Read first time 01/10/11.   Referred to Committee on Labor & Workforce Development.

     AN ACT Relating to the creation of the farm labor account; and amending RCW 19.30.030.

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

Sec. 1   RCW 19.30.030 and 1985 c 280 s 3 are each amended to read as follows:
     (1) The director shall not issue to any person a license to act as a farm labor contractor until:
     (((1))) (a) Such person has executed a written application on a form prescribed by the director, subscribed and sworn to by the applicant, and containing (((a))) (i) 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))) (ii) the names and addresses of all persons financially interested, either as partners, stockholders, associates, profit sharers, or providers of board or lodging to agricultural employees in the proposed operation as a labor contractor, together with the amount of their respective interests;
     (((2))) (b) The director, after investigation, is satisfied as to the character, competency, and responsibility of the applicant;
     (((3))) (c) The applicant has paid to the director a license fee of: (((1))) (i) Thirty-five dollars in the case of a farm labor contractor not engaged in forestation or reforestation, or (((2))) (ii) 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;
     (((4))) (d) 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))) (e) The applicant has filed a surety bond or other security which meets the requirements set forth in RCW 19.30.040;
     (((6))) (f) 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))) (g) The applicant has stated on his or her application whether or not his or her contractor's license or the license of any of his or her agents, partners, associates, stockholders, or profit sharers has ever been 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 in any state or federal court arising out of activities as a farm labor contractor.
     (2) The farm labor account is created in the state treasury. All receipts from farm labor licenses, surety bonds, and penalties and donations must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for administering the farm labor contractor licensing program, subject to authorization from the director or the director's designee.