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H0089...............................................by AGRICULTURAL AFFAIRS
FARM LABOR CONTRACTORS - Adds to existing law to provide for licensure and
bonding of farm labor contractors by the Department of Labor.
01/25 House intro - 1st rdg - to printing
01/26 Rpt prt - to Agric Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 89
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO LICENSING OF FARM LABOR CONTRACTORS; AMENDING TITLE 44, IDAHO
3 CODE, BY THE ADDITION OF A NEW CHAPTER 16, TITLE 44, IDAHO CODE, TO PRO-
4 VIDE APPLICABILITY, TO PROVIDE DEFINITIONS, TO PROVIDE FOR LICENSING OF
5 FARM LABOR CONTRACTORS, TO PROVIDE AN APPLICATION PROCESS AND QUALIFICA-
6 TIONS FOR ISSUANCE OF A LICENSE, TO PROVIDE REQUIREMENTS FOR A SURETY BOND
7 OR SECURITY, TO PROVIDE CLAIMS FOR WAGES OR FOR ACTIONS UPON THE SURETY
8 BOND OR SECURITY, TO PROVIDE GROUNDS FOR DENYING A LICENSE, TO PROVIDE FOR
9 REVOCATION, SUSPENSION, REFUSAL TO ISSUE AND REFUSAL TO RENEW A LICENSE,
10 TO SPECIFY INFORMATION TO BE CONTAINED ON THE LICENSE, TO PROVIDE FOR
11 EXPIRATION AND RENEWAL OF LICENSES, TO PROVIDE DUTIES OF FARM LABOR CON-
12 TRACTORS, TO SPECIFY PROHIBITED ACTS BY FARM LABOR CONTRACTORS, TO PROVIDE
13 FOR ASSESSMENT OF CIVIL PENALTIES AND DUE PROCESS, TO PROVIDE FOR CIVIL
14 ACTIONS, TO PROVIDE FOR SERVICE OF PROCESS ON AN UNLICENSED CONTRACTOR, TO
15 PROHIBIT RETALIATION AGAINST AN AGRICULTURAL EMPLOYEE, TO PROVIDE FOR
16 INJUNCTIONS, TO SPECIFY VIOLATIONS AND TO PROVIDE PENALTIES AND TO PROVIDE
17 FOR ADOPTION OF ADMINISTRATIVE RULES; AND PROVIDING AN EFFECTIVE DATE.
18 Be It Enacted by the Legislature of the State of Idaho:
19 SECTION 1. That Title 44, Idaho Code, be, and the same is hereby amended
20 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
21 ter 16, Title 44, Idaho Code, and to read as follows:
22 CHAPTER 16
23 LICENSING OF FARM LABOR CONTRACTORS
24 44-1601. APPLICABILITY. The provisions of this chapter shall not apply to
25 employees of the department of labor acting in their official capacity or
26 their agents, nor to agricultural employers, nor to any common carrier or
27 employees thereof while transporting agricultural employees, nor to any person
28 who performs any of the services enumerated in section 44-1602(4), Idaho Code,
29 only if such activities are performed within the scope of his regular employ-
30 ment for one (1) agricultural employer on whose behalf he is so acting, unless
31 he is receiving a commission or fee which is determined by the number of work-
32 ers recruited.
33 44-1602. DEFINITIONS. As used in this chapter:
34 (1) "Agricultural employee" means any person who renders personal ser-
35 vices to, or under the direction of, an agricultural employer in connection
36 with the employer's agricultural activity.
37 (2) "Agricultural employer" means any person engaged in agricultural
38 activity, including the growing, producing or harvesting of farm or nursery
39 products.
40 (3) "Director" means the director of the department of labor of the state
41 of Idaho.
2
1 (4) "Farm labor contracting activity" means recruiting, soliciting,
2 employing, supplying, transporting or hiring agricultural employees.
3 (5) "Farm labor contractor" means any person, or his agent or subcontrac-
4 tor, who, for a fee, performs any farm labor contracting activity.
5 (6) "Fee" means:
6 (a) Any money or other valuable consideration paid or promised to be paid
7 for services rendered by a farm labor contractor.
8 (b) Any valuable consideration received or to be received by a farm labor
9 contractor for or in connection with any of the services described in sub-
10 section (4) of this section, and shall include the difference between any
11 amount paid out by him in connection with the rendering of such services.
12 (7) "Person" includes any individual, firm, partnership, association or
13 corporation.
14 44-1603. LICENSE REQUIRED -- DUPLICATES. No person shall act as a farm
15 labor contractor until a license to do so has been issued to him by the direc-
16 tor, and unless such license is in full force and effect and is in the
17 contractor's possession. The director shall, by rule, provide a means of issu-
18 ing duplicate licenses in case of loss of the original license or any other
19 appropriate instances. The director shall issue on a monthly basis a list of
20 currently licensed farm labor contractors.
21 44-1604. APPLICANTS -- QUALIFICATIONS -- FEE -- LIABILITY INSURANCE. The
22 director shall not issue to any person a license to act as a farm labor con-
23 tractor until:
24 (1) Such person has executed a written application on a form prescribed
25 by the director, subscribed and sworn to by the applicant, and containing:
26 (a) A statement by the applicant of all the facts required by the direc-
27 tor concerning the applicant's character, competency, responsibility, and
28 the manner and method by which he proposes to conduct operations as a farm
29 labor contractor if such license is issued; and
30 (b) The names and addresses of all persons financially interested, either
31 as partners, shareholders, associates or profit sharers, in the proposed
32 operation as a labor contractor, together with the amount of their respec-
33 tive interests;
34 (2) The director, after investigation, is satisfied as to the character,
35 competency and responsibility of the applicant;
36 (3) The applicant has paid to the director a license fee of two hundred
37 fifty dollars ($250). All fees collected shall be continuously appropriated to
38 the department of labor and used for the administration of this chapter;
39 (4) The applicant has filed proof satisfactory to the director of the
40 existence of a policy of insurance with any insurance carrier authorized to do
41 business in the state of Idaho, in an amount satisfactory to the director,
42 which insures the contractor against liability for damage to persons or prop-
43 erty arising out of the contractor's operation of, or ownership of, any vehi-
44 cle for the transportation of individuals in connection with the contractor's
45 activities as a farm labor contractor;
46 (5) The applicant has filed a surety bond or other security which meets
47 the requirements set forth in section 44-1605, Idaho Code;
48 (6) The applicant executes a written statement which shall be subscribed
49 and sworn to and shall contain the following declaration: "With regards to any
50 action filed against me concerning my activities as a farm labor contractor, I
51 appoint the director of the Idaho Department of Labor as my lawful agent to
52 accept service of summons when I am not present in the jurisdiction in which
53 the action is commenced or have in any other way become unavailable to accept
3
1 service.";
2 (7) The applicant has stated on his application whether or not his
3 contractor's license or the license of his agents, partners, associates,
4 stockholders or profit sharers has ever been suspended, revoked or denied by
5 any state or federal agency, and whether or not there are any outstanding
6 judgments against him or any of his agents, partners, associates, stockholders
7 or profit sharers in any state or federal court arising out of activities as a
8 farm labor contractor; and
9 (8) The applicant has filed proof satisfactory to the director of the
10 existence of a policy of worker's compensation insurance covering the employ-
11 ees of the applicant as required by chapter 2, title 72, Idaho Code.
12 44-1605. SURETY BOND -- SECURITY. (1) The director shall require the
13 deposit of a surety bond by any person acting as a farm labor contractor under
14 this chapter to ensure compliance with the provisions of this chapter. Such
15 bond shall be in an amount of twenty-five thousand dollars ($25,000) if the
16 contractor employs no more than twenty (20) employees, and fifty thousand dol-
17 lars ($50,000) if the contractor employs more than twenty (20) employees. The
18 bond shall be payable to the state of Idaho and be conditioned on payment of
19 sums legally owing under contract or statute to an agricultural employee. The
20 aggregate liability of the surety upon such bond for all claims which may
21 arise thereunder shall not exceed the face amount of the bond.
22 (2) The amount of the bond may be raised or additional security required
23 by the director, upon his own motion or upon petition to the director by any
24 person, when it is shown that the security or bond is insufficient to satisfy
25 the contractor's potential liability for the licensed period.
26 (3) No surety insurer may provide any bond, undertaking, recognizance, or
27 other obligation for the purpose of securing or guaranteeing any act, duty or
28 obligation, or the refraining from any act with respect to a contract using
29 the services of a farm labor contractor unless the farm labor contractor has
30 made application for or has a valid license issued under section 44-1604,
31 Idaho Code, at the time of issuance of the bond, undertaking, recognizance or
32 other obligation.
33 (4) Surety bonds may not be canceled or terminated during the period in
34 which the bond is executed unless thirty (30) days' notice is provided by the
35 surety to the department of labor of the state of Idaho. The bond is written
36 for a one (1) year term and may be renewed or extended by continuation certi-
37 fication at the option of the surety.
38 (5) In lieu of the surety bond required in this section, the contractor
39 may file with the director a deposit consisting of cash or other security
40 acceptable to the director. The deposit shall not be less than twenty-five
41 thousand dollars ($25,000) if the contractor employs no more than twenty (20)
42 employees and not less than fifty thousand dollars ($50,000) if the contractor
43 employs more than twenty (20) employees. The security deposited with the
44 director in lieu of the surety bond shall be returned to the contractor at the
45 expiration of three (3) years after the farm labor contractor's license has
46 expired or been revoked, if no legal action has been instituted against the
47 contractor or on the security deposit at the expiration of the three (3)
48 years.
49 (6) If a contractor has deposited a bond with the director and has failed
50 to comply with the conditions of the bond as provided in this section, and has
51 departed from this state, service may be made upon the surety.
52 44-1606. CLAIM FOR WAGES -- ACTIONS UPON SURETY BOND OR SECURITY. (1) Any
53 person, having a claim for wages pursuant to this chapter, may bring suit upon
4
1 the surety bond or security deposit filed by the contractor pursuant to sec-
2 tion 44-1605, Idaho Code, in any court of competent jurisdiction, or through
3 the department of labor of the state of Idaho wage claim administrative pro-
4 ceeding, sections 45-601 through 45-621, Idaho Code.
5 (2) The right of action is assignable in the name of the director or any
6 other person.
7 (3) All claims against the surety bond shall be unenforceable unless
8 request for payment of a court judgment, or notice of lien pursuant to section
9 45-620, Idaho Code, has been sent by certified mail to the surety.
10 44-1607. LICENSE -- GROUNDS FOR DENYING. A license to operate as a farm
11 labor contractor shall be denied to a person whose license has been revoked
12 within three (3) years from the date of application.
13 44-1608. LICENSE -- REVOCATION, SUSPENSION, REFUSAL TO ISSUE OR RENEW.
14 Any person may protest the grant or renewal of a license under this section.
15 The director may revoke, suspend or refuse to issue or renew any license when
16 it is shown that:
17 (1) The farm labor contractor or any agent of the contractor has violated
18 or failed to comply with any of the provisions of this chapter;
19 (2) The farm labor contractor has made any misrepresentations or false
20 statements in his application for a license;
21 (3) The conditions under which the license was issued have changed or no
22 longer exist;
23 (4) The farm labor contractor, or any agent of the contractor, has vio-
24 lated or willfully aided or abetted any person in the violation of, or failed
25 to comply with, any law of the state of Idaho regulating employment in agri-
26 culture, the payment of wages to agricultural employees, or the conditions,
27 terms or places of employment affecting the health and safety of farm employ-
28 ees, which is applicable to the business activities, or operations of the con-
29 tractor in his capacity as a farm contractor.
30 (5) The farm labor contractor or any agent of the contractor has an
31 unsatisfied judgment against him in any state or federal court, arising out of
32 his farm labor contracting activities.
33 44-1609. LICENSE -- CONTENTS. Each license shall contain on the face
34 thereof:
35 (1) The name and address of the licensee and the fact that he is licensed
36 to act as a farm labor contractor for the period upon the face of the license
37 only;
38 (2) The number, date of issuance and date of expiration of the license;
39 (3) The amount of the surety bond deposited by the licensee;
40 (4) The fact that the license may not be transferred or assigned; and
41 (5) A statement that the licensee is or is not licensed to transport
42 workers.
43 44-1610. EXPIRATION AND RENEWAL OF LICENSES. (1) Each license shall
44 expire one (1) year following the date of its issuance unless sooner revoked
45 by the director.
46 (2) Applications for renewal of the license shall be made thirty (30)
47 days prior to the expiration date by payment of the fee required in section
48 44-1604, Idaho Code, but the director may require any person seeking renewal
49 to file a new application under section 44-1604, Idaho Code, and may conduct a
50 new investigation of the applicant's character, competence and reliability,
51 and of any other matter relating to the manner by which the applicant proposes
5
1 to conduct and has conducted operations as a farm labor contractor.
2 44-1611. FARM LABOR CONTRACTOR -- DUTIES. Every person acting as a farm
3 labor contractor shall:
4 (1) Carry a current farm labor contractor's license at all times and
5 exhibit it to all persons with whom the contractor intends to deal in the
6 capacity of a farm labor contractor prior to so dealing.
7 (2) File at the United States post office serving the address of the con-
8 tractor, as noted on the face of the farm labor contractor's license, a cor-
9 rect change of address immediately upon each occasion the contractor perma-
10 nently moves his address, and notify the director within ten (10) days after
11 an address change is made.
12 (3) Promptly when due, pay or distribute to the individual entitled
13 thereto all moneys or other things of value entrusted to the contractor by any
14 third person for such purpose.
15 (4) Comply with the terms and provisions of all legal and valid agree-
16 ments and contracts entered into between the contractor in the capacity of a
17 farm labor contractor and third persons.
18 (5) File information regarding work offers with the nearest department of
19 labor of the state of Idaho, such information to include wages to be paid,
20 work to be performed, and any other conditions or terms of employment.
21 (6) On a form prescribed by the director, furnish to each agricultural
22 employee at the time of hiring, recruiting, soliciting or supplying, whichever
23 occurs first, a written statement in English and any other language common to
24 workers who are not fluent or literate in English that contains a description
25 of:
26 (a) The compensation to be paid and the method of computing the rate of
27 compensation;
28 (b) The terms and conditions of any bonus offered, including the manner
29 of determining when the bonus is earned;
30 (c) The terms and conditions of any loan made to the agricultural
31 employee;
32 (d) The conditions of any transportation, housing, board, health and day
33 care services or any other employee benefit to be provided by the farm
34 labor contractor or by his agents, and the costs to be charged for each of
35 them;
36 (e) The terms and conditions of employment, including the approximate
37 length of season or period of employment and the approximate starting and
38 ending dates thereof;
39 (f) The terms and conditions under which the agricultural employee is
40 furnished clothing or equipment;
41 (g) The place of employment;
42 (h) The name and address of the owner of all operations, or the owner's
43 agent, where the agricultural employee will be working as a result of
44 being recruited, solicited, supplied or employed by the farm labor con-
45 tractor;
46 (i) The name and address of the farm labor contractor;
47 (j) The name and address of the surety on the contractor's bond and the
48 agricultural employee's right to claim against the bond.
49 (7) Furnish to the agricultural employee each time the agricultural
50 employee receives a compensation payment from the farm labor contractor, a
51 written statement itemizing the total payment and the amount and purpose of
52 each deduction therefrom, hours worked, rate of pay, and pieces done if the
53 work is done on a piece rate basis, and if the work is done under the service
54 contract act, 41 U.S.C. sections 351 through 358, or related federal or state
6
1 law, a written statement of any applicable prevailing wage.
2 (8) With respect to each agricultural employee recruited, solicited,
3 employed, supplied or hired by the farm labor contractor, make, keep and pre-
4 serve for three (3) years the following information:
5 (a) The basis on which wages are paid;
6 (b) The number of piecework units earned, if paid on a piecework basis;
7 (c) The number of hours worked;
8 (d) The total pay period earnings;
9 (e) The specific sums withheld and the purpose of each sum withheld; and
10 (f) The net pay.
11 (9) When necessary to administer this chapter, the director may require
12 that any farm labor contractor provide the director with certified copies of
13 his payroll records for any payment period.
14 44-1612. FARM LABOR CONTRACTOR -- PROHIBITED ACTS. No person acting as a
15 farm labor contractor shall:
16 (1) Make any misrepresentation or false statement in an application for a
17 license.
18 (2) Make or cause to be made, to any person, any false, fraudulent, or
19 misleading representation, or publish or circulate or cause to be published or
20 circulated any false, fraudulent or misleading information concerning the
21 terms or conditions or existence of any employment.
22 44-1613. CIVIL PENALTY -- HEARING -- COURT ACTION. (1) The director may
23 assess against any person who violates this chapter, or any rule adopted under
24 this chapter, a civil penalty of not more than one thousand dollars ($1,000)
25 for each violation.
26 (2) The director shall enforce and administer this section, and the per-
27 son who violates this chapter shall be afforded an opportunity for a hearing
28 and judicial review in accordance with sections 45-616 through 45-621, Idaho
29 Code.
30 (3) Without regard to other remedies provided in this chapter, the direc-
31 tor may bring suit upon the surety bond filed by the farm labor contractor on
32 behalf of a worker whose rights under this chapter have been violated by the
33 contractor. The action may be commenced in any court of competent jurisdic-
34 tion.
35 44-1614. CIVIL ACTIONS -- WAGES, DAMAGES, COSTS, ATTORNEY'S FEES --
36 ACTIONS UPON BOND OR SECURITY DEPOSIT. (1) In addition to any other penalty
37 provided by law, any person owed wages by a farm labor contractor or aggrieved
38 by a violation of this chapter may bring suit in any court of competent juris-
39 diction, without regard to the exhaustion of any alternative administrative
40 remedies provided in this chapter. No such action may be commenced later than
41 three (3) years after the date of the violation giving rise to the right of
42 action. In any such action the court may award to the prevailing party, in
43 addition to costs and disbursements, reasonable attorney's fees at trial and
44 appeal.
45 (2) In any action under subsection (1) of this section, if the court
46 finds that the respondent has violated this chapter or any rule adopted under
47 this chapter, it may award damages equal to the amount of actual damages, or
48 statutory damages of one thousand dollars ($1,000) per plaintiff per viola-
49 tion, whichever is greater, or other equitable relief.
50 (3) Without regard to other remedies provided in this chapter, a person
51 having a claim against the farm labor contractor for unpaid wages or any
52 violation of this chapter may bring suit against the farm labor contractor and
7
1 the surety bond or security deposit filed by the contractor pursuant to sec-
2 tion 44-1605, Idaho Code, in any court of competent jurisdiction.
3 (4) An action upon the bond or security deposit shall be commenced by
4 serving and filing the summons and complaint within three (3) years from the
5 date of expiration or cancellation of the bond, or in the case of a security
6 deposit, within three (3) years of the date of expiration or revocation of the
7 license.
8 (5) The surety upon the bond may, upon notice to the director and the
9 parties, tender to the clerk of the court having jurisdiction of the action an
10 amount equal to the claims, or the amount equal to the claims or the amount of
11 the bond less the amount of judgments, if any, previously satisfied therefrom
12 and to the extent of such tender the surety upon the bond shall be exonerated.
13 (6) If the actions commenced and pending, at any one (1) time exceed the
14 amount of the bond then unimpaired, the claims shall be satisfied from the
15 bond in the following order:
16 (a) Wages, including employee benefits;
17 (b) Other contractual and statutory damages owed to the agricultural
18 employee;
19 (c) Any costs and attorney's fees the claimant may be entitled to recover
20 by contract or statute;
21 (d) Unpaid unemployment taxes pursuant to subsection (9) of this section.
22 (7) If any final judgment impairs the bond so furnished so that there is
23 not in effect a bond undertaking in the full amount required under section
24 44-1605, Idaho Code, the director shall suspend the license of the contractor
25 until the bond liability in the required amount unimpaired by unsatisfied
26 judgment claims has been furnished. If such bond becomes fully impaired, a new
27 bond must be furnished.
28 (8) If the farm labor contractor has filed other security with the direc-
29 tor in lieu of a surety bond, any person having an unsatisfied final judgment
30 against the contractor for unpaid wages or any violation of this chapter may
31 execute upon the security deposit held by the director by serving a certified
32 copy of the unsatisfied final judgment by registered or certified mail upon
33 the director. Upon the receipt of service of such certified copy, the director
34 shall pay or order paid from the deposit, through the registry of the court
35 which rendered judgment, towards the amount of the unsatisfied judgment. The
36 priority of payment by the director shall be the order of receipt by the
37 director, but the director shall have no liability for payment in excess of
38 the amount of the deposit. When the director pays or orders paid a judgment
39 from the deposit, the director shall suspend the license of the farm labor
40 contractor until the contractor files with the director a new deposit bringing
41 the total deposit up to the amount required under section 44-1605, Idaho Code.
42 (9) The director may bring suit upon the surety bond or security deposit
43 in any court of competent jurisdiction for any unpaid unemployment taxes or
44 penalties owed pursuant to sections 72-1349, 72-1354 and 72-1355, Idaho Code.
45 44-1615. SERVICE OF PROCESS WHEN UNLICENSED CONTRACTOR IS UNAVAILABLE. In
46 any action arising out of the activities of an unlicensed farm labor contrac-
47 tor within this state who is not in this state or is otherwise unavailable for
48 service of process in this state, the unlicensed farm labor contractor may be
49 served by mailing a certified true copy of the summons and complaint to:
50 (1) The director;
51 (2) The last-known address, if any, of the unlicensed farm labor contrac-
52 tor; and
53 (3) Any other address the use of which the plaintiff knows, or on the
54 basis of reasonable inquiry, has reason to believe is most likely to result in
8
1 actual notice.
2 44-1616. RETALIATION AGAINST AGRICULTURAL EMPLOYEE PROHIBITED. No farm
3 labor contractor may discharge or in any other manner discriminate against any
4 agricultural employee because:
5 (1) The agricultural employee has made a claim against the farm labor
6 contractor for compensation for the agricultural employee's personal services
7 or for other damages pursuant to this chapter.
8 (2) The agricultural employee has testified or is about to testify in any
9 proceedings on any penalty assessed or civil actions brought pursuant to this
10 chapter.
11 (3) The agricultural employee has discussed or consulted with anyone con-
12 cerning the agricultural employee's rights under this chapter.
13 44-1617. INJUNCTION -- COSTS -- ATTORNEY'S FEE. The director or any other
14 person may bring suit in any court of competent jurisdiction to enjoin any
15 person acting as a farm labor contractor in violation of this chapter or any
16 rule adopted under this chapter, from committing any future violations. The
17 court may award to the prevailing party costs and disbursements and a reason-
18 able attorney's fee.
19 44-1618. VIOLATIONS -- PENALTY. (1) Any person who:
20 (a) Intentionally defaces, alters or changes a farm labor contractor's
21 license;
22 (b) Uses the license of another,
23 (c) Knowingly permits the use of another person's license, or
24 (d) Acts as a farm labor contractor without a license,
25 shall be guilty of a misdemeanor, punishable by a fine not to exceed one thou-
26 sand dollars ($1,000), or up to sixty (60) days in jail, or both. Each viola-
27 tion shall constitute a separate offense.
28 (2) Any person who violates any other provision of this chapter shall be
29 guilty of a misdemeanor, punishable by a fine not to exceed three hundred dol-
30 lars ($300), or up to thirty (30) days in jail, or both. Each violation shall
31 constitute a separate offense.
32 44-1619. DEPARTMENT OF LABOR -- ADMINISTRATIVE RULES. The department
33 shall adopt rules reasonably necessary for the administration of this chapter
34 in accordance with chapter 52, title 67, Idaho Code.
35 SECTION 2. This act shall be in full force and effect on and after Janu-
36 ary 1, 2002.
STATEMENT OF PURPOSE
RS 10462
This Farm Labor Contractor Registration legislation would protect both
farm workers and farmers by requiring farm labor contractors("FLCs")
to obtain a license and comply with such requirements as payment of
wages, filing of a surety bond, provision of worker s compensation
insurance, and provision of motor vehicle insurance on vehicles used
to transport workers. The effective date of the legislation would be
January 1, 2002. The legislation:
1. Is based almost entirely on Washington s FLC Registration Act,
with some additions from the Oregon FLC Registration Act. Some of
the less important aspects of the Washington law were omitted to
simplify the statute. The Washington statute was based on the
Oregon statute, but was made shorter and simpler.
2. Places no liability or requirements on agricultural employers
(unlike the Washington and Oregon laws.)
3. Requires FLCs to obtain a license to act as an FLC. To obtain the
license, the FLC must: (A)fill out a license application; (B)show
proof of liability insurance on vehicles used to transport
workers; (C)file a surety bond or other security to ensure
compliance with the statute; and (D)show proof of worker s
compensation insurance for their employees.
4. Requires FLCs to: (A)show their license to all persons they deal
with as an FLC; (B)comply with all contracts they enter into as
an FLC; (C)file information regarding job offers with the Job
Services; (D)furnish written statements to employees regarding
the terms and conditions of employment; and (E)furnish written
statements showing the wages paid and deductions made each time
the employee is paid. The legislation prohibits FLCs from making
false, misleading, or fraudulent job offers.
5. Allows any person having a claim against the FLC for any
violation of the act, to bring an action against the FLC and the
surety bond or other security.
6. Charges the Idaho Department of Labor(IDOL)with conducting the
registration process and gives the IDOL discretion to assess
civil penalties against FLCs for violations of the act. The IDOL
is authorized to charge a $50 registration fee or other sum as it
finds necessary to cover its administrative costs.
FISCAL IMPACT
There would be no impact on the general fund as the cost of the
registration process would be covered by the registration fee. The
estimated costs of person power and operations for the IDOL would be
about $149,000. The IDOL may, at its discretion, assess civil
penalties for violations of the act. Collection of civil penalties for
violations could be used by the IDOL to cover the cost of assessing
such civil penalties.
Contact
Name:
Rep. Tom Trail, 332-1202
Rep. Ken Robison, 332-1000
Rep. David Bieter, 332-1000
Erik Johnson, 345-3733
STATEMENT OF PURPOSE/FISCAL NOTE H8