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S1289aa.....................................by COMMERCE AND HUMAN RESOURCES FARM LABOR CONTRACTOR LICENSING - Adds to existing law to provide for the licensing of farm labor contractors by the Department of Labor. 01/16 Senate intro - 1st rdg - to printing 01/17 Rpt prt - to Com/HuRes 01/25 Rpt out - rec d/p - to 2nd rdg 01/28 2nd rdg - to 3rd rdg 01/29 3rd rdg - Held 01/30 To 14th Ord 02/08 Rpt out amen - to engros 02/11 Rpt engros - 1st rdg - to 2nd rdg as amen 02/12 2nd rdg - to 3rd rdg as amen 02/15 3rd rdg as amen - PASSED - 33-0-2 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Thorne, Wheeler, Williams NAYS -- None Absent and excused -- Hawkins, Stennett Floor Sponsors - Lodge & Dunklin Title apvd - to House 02/18 House intro - 1st rdg - to Agric Aff 03/01 Rpt out - rec d/p - to 2nd rdg 03/04 2nd rdg - to 3rd rdg 03/08 3rd rdg - PASSED - 55-10-5 AYES -- Aikele, Barraclough, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bruneel, Callister, Collins, Cuddy, Deal, Denney, Ellis, Ellsworth, Field(20), Gagner, Hadley, Hammond, Henbest, Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Mader, Martinez, Meyer, Montgomery, Mortensen, Moyle, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Trail, Wheeler, Young, Mr. Speaker NAYS -- Barrett, Bradford, Campbell, Crow, Eskridge, Harwood, Loertscher, McKague, Pearce, Wood Absent and excused -- Clark, Field(13), Gould, Higgins, Tilman Floor Sponsors - Trail & Robison Title apvd - to Senate 03/11 To enrol 03/12 Rpt enrol - Pres signed - Sp signed 03/13 To Governor 03/27 Governor signed Session Law Chapter 328 Effective: 01/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1289 BY COMMERCE AND HUMAN RESOURCES 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 DEFINITIONS, TO PROVIDE EXEMPTIONS, TO PROVIDE FOR LICENSING OF FARM 5 LABOR CONTRACTORS, TO REQUIRE PROOF OF FINANCIAL RESPONSIBILITY, TO SPEC- 6 IFY AN APPLICATION FEE AND TO PROVIDE FOR APPROPRIATION OF FEES COLLECTED, 7 TO PROVIDE DUTIES OF THE DEPARTMENT WITH REGARD TO LICENSING AND TO SPEC- 8 IFY CONDITIONS OF THE LICENSE, TO PROVIDE DUTIES OF THE FARM LABOR CON- 9 TRACTOR, TO SPECIFY PROHIBITED ACTS, TO PROVIDE FOR DENIAL, REVOCATION, 10 SUSPENSION AND REFUSAL TO RENEW A LICENSE, TO PROVIDE NOTICE OF DENIAL OF 11 AN APPLICATION, REFUSAL TO RENEW A LICENSE, REVOCATION OR SUSPENSION OF A 12 LICENSE AND TO PROVIDE FOR A HEARING, TO PROVIDE FOR JOINT LIABILITY OF AN 13 AGRICULTURAL EMPLOYER AND AN UNLICENSED FARM LABOR CONTRACTOR, TO PROVIDE 14 CLAIM FOR WAGES, TO PROVIDE FOR PRIVATE RIGHT OF ACTION, TO PROVIDE SER- 15 VICE OF PROCESS WHEN UNLICENSED CONTRACTOR IS UNAVAILABLE, TO PROVIDE THAT 16 RETALIATION IS PROHIBITED, TO PROVIDE VIOLATIONS AND PENALTIES, TO PROVIDE 17 RULEMAKING AUTHORITY TO THE DEPARTMENT OF LABOR AND TO PROVIDE SEVERABIL- 18 ITY; AND PROVIDING AN EFFECTIVE DATE. 19 Be It Enacted by the Legislature of the State of Idaho: 20 SECTION 1. That Title 44, Idaho Code, be, and the same is hereby amended 21 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 22 ter 16, Title 44, Idaho Code, and to read as follows: 23 CHAPTER 16 24 FARM LABOR CONTRACTOR LICENSING 25 44-1601. DEFINITIONS. As used in this chapter: 26 (1) "Agricultural association" means any nonprofit or cooperative associ- 27 ation of farmers, growers or ranchers, incorporated or qualified under appli- 28 cable state law. 29 (2) "Agricultural employer" means any person engaged in any activity 30 included within the definition of "agriculture" in subsection (3) of this sec- 31 tion. 32 (3) "Agriculture" includes farming in all its branches and, among other 33 things, includes the cultivation and tillage of the soil; dairying; the pro- 34 duction, cultivation, growing and harvesting of any agricultural, aquacultural 35 or horticultural commodities; the raising of livestock, bees, fur-bearing ani- 36 mals or poultry; and any practices, including any forestry or lumbering opera- 37 tions performed by a farmer or on a farm as an incident to or in conjunction 38 with such farming operation, including preparation for market, delivery to 39 storage or to market or to carriers for transportation to market. 40 (4) "Department" means the department of labor of the state of Idaho. 41 (5) "Director" means the director of the department of labor. 42 (6) "Farm labor contracting activity" means recruiting, soliciting, hir- 2 1 ing, employing, furnishing or transporting any migrant or seasonal agricul- 2 tural worker. 3 (7) "Farm labor contractor" means any person who, for any money or other 4 valuable consideration paid or promised to be paid, performs any farm labor 5 contracting activity. 6 (8) "Immediate family member" means the spouse, children, brother, sis- 7 ter, mother or father. 8 (9) "Migrant agricultural worker" means an individual who is employed in 9 agricultural employment of a seasonal or temporary nature, and who is required 10 to be absent overnight from his permanent place of residence. This term does 11 not include any immediate family member of an agricultural employer or a farm 12 labor contractor. 13 (10) "Person" means an individual, association, partnership, limited lia- 14 bility company, corporation or other business entity. 15 (11) "Seasonal agricultural worker" means an individual who is employed in 16 agricultural employment of a seasonal or temporary nature and is not required 17 to be absent overnight from his permanent place of residence. This term does 18 not include any immediate family member of an agricultural employer or a farm 19 labor contractor. 20 44-1602. EXEMPTIONS. The provisions of this chapter shall not apply to 21 the following: 22 (1) An agricultural association engaged in farm labor contracting activi- 23 ties exclusively for members of that association. 24 (2) Any individual engaged in farm labor contracting for an agricultural 25 operation owned or operated exclusively by such individual or a member of such 26 individual's immediate family, if such activities are performed only for such 27 operation and exclusively by such individual, but without regard to whether 28 such individual has incorporated or otherwise organized for business purposes. 29 (3) Agricultural employers exchanging agricultural labor or services with 30 each other, provided the work is performed on land owned or leased by the 31 agricultural employers. 32 (4) Any common carrier that would be a farm labor contractor solely 33 because it is engaged in transporting any migrant or seasonal agricultural 34 worker. For purposes of this section, a common carrier is one that holds 35 itself out to the general public to engage in transportation of passengers for 36 hire, whether over regular or irregular routes, and holds a valid certificate 37 or authorization for such purpose from an appropriate local, state or federal 38 agency. 39 (5) Any nonprofit charitable organization, public entity or private non- 40 profit educational institution. 41 (6) Any employee of a person described in subsections (1) through (5) of 42 this section when performing farm labor contracting activities exclusively for 43 such person, unless the employee receives a commission or fee based upon the 44 number of workers recruited. 45 44-1603. LICENSE -- APPLICATION -- CONTENTS. (1) Except as otherwise pro- 46 vided, no person shall act as a farm labor contractor unless such person holds 47 a valid license issued by the department. 48 (2) An application for a farm labor contractor's license shall be sworn 49 to by the applicant and shall be submitted on a form prescribed by the depart- 50 ment that shall require, but not be limited to, the following information and 51 documentation: 52 (a) The applicant's name, Idaho address and all other temporary and per- 53 manent addresses the applicant uses or knows will be used in the future; 3 1 (b) Two (2) recent, passport sized, color photographs of the applicant, 2 or the applicant's authorized agent when the applicant is not a natural 3 person; 4 (c) A statement by the applicant of all facts required by the department 5 concerning the applicant's fitness, competency, and qualifications to 6 engage in the business of farm labor contracting; 7 (d) A statement by the applicant of all facts required by the department 8 concerning the manner and method by which the applicant proposes to con- 9 duct operations as a farm labor contractor; 10 (e) A certificate of insurance issued by the applicant's auto insurance 11 carrier listing the department as the certificate holder and providing for 12 a thirty (30) day cancellation notice for all vehicles used in the opera- 13 tion of the farm labor contracting business; 14 (f) A certificate of workers' compensation insurance issued by the 15 applicant's workers' compensation insurance carrier listing the department 16 as the certificate holder and providing for a thirty (30) day cancellation 17 notice; 18 (g) Whether the applicant has or was ever granted a farm labor 19 contractor's license in any other jurisdiction; 20 (h) Whether the applicant was ever denied a license or had a license 21 revoked or suspended under the farm labor contractor laws of any other 22 jurisdiction; 23 (i) The names and addresses of all persons financially interested, 24 whether as partners, limited liability company members, shareholders, 25 associates, or profit sharers in the applicant's proposed operation as a 26 farm labor contractor, together with the amount of their respective inter- 27 ests, and whether or not, to the best of the applicant's knowledge, any 28 such persons were ever denied a license or had a license revoked or sus- 29 pended under the farm labor contractor laws of any jurisdiction; and 30 (j) The following declaration by the applicant, or the applicant's autho- 31 rized agent when the applicant is not a natural person: "With regards to 32 any action filed against the applicant concerning the applicant's activi- 33 ties as a farm labor contractor, the applicant appoints the director of 34 the Idaho Department of Labor as the applicant's lawful agent to accept 35 service of summons when the applicant is not present in the jurisdiction 36 in which such action is commenced or have in any other way become unavail- 37 able to accept service.". 38 44-1604. APPLICANT -- PROOF OF FINANCIAL RESPONSIBILITY -- PAYMENT OF 39 CLAIMS. (1) Each applicant shall submit with the application and shall contin- 40 ually maintain proof of financial responsibility to ensure the prompt payment 41 of employees' wages pursuant to chapter 6, title 45, Idaho Code, and the pay- 42 ment of any claims awarded pursuant to section 44-1613, Idaho Code. 43 (2) Proof of financial responsibility shall be in the form of a surety 44 bond from a company licensed to do business in the state of Idaho. The surety 45 bond shall be in the amount of ten thousand dollars ($10,000) if the farm 46 labor contractor employs no more than twenty (20) employees, and thirty thou- 47 sand dollars ($30,000) if the contractor employs more than twenty (20) employ- 48 ees. 49 (3) The surety bond shall be for the benefit of the farm labor 50 contractor's employees and shall be conditioned upon the payment of all sums 51 legally owing to them. 52 (4) The surety bond shall be executed to cover the farm labor 53 contractor's liability for the period for which the license is issued, during 54 which time the bond cannot be canceled or otherwise terminated. 4 1 (5) All claims against the bond shall be unenforceable unless request for 2 payment of a court judgment, or lien pursuant to section 45-620, Idaho Code, 3 has been sent by certified mail to the surety. The surety company shall make 4 prompt and periodic payments on the farm labor contractor's liability to the 5 extent of the total amount of the bond. 6 (6) In lieu of the surety bond required by this section, an applicant or 7 farm labor contractor may deposit with the department cash or other security 8 acceptable to the director. The deposit shall not be less than ten thousand 9 dollars ($10,000) if the farm labor contractor employs no more than twenty 10 (20) employees, and thirty thousand dollars ($30,000) if the farm labor con- 11 tractor employs more than twenty (20) employees. The security deposited with 12 the director in lieu of the surety bond shall be returned to the farm labor 13 contractor at the expiration of two (2) years after the farm labor 14 contractor's license has expired or been otherwise terminated, unless the 15 director has received written notice that a legal or administrative action has 16 been instituted against the farm labor contractor for failing to comply with 17 the requirements of this chapter. 18 44-1605. APPLICATION FEE -- APPROPRIATION. Each application shall be 19 accompanied by a nonrefundable fee of two hundred fifty dollars ($250). All 20 fees collected shall be continuously appropriated to the department and used 21 for the administration of this chapter. 22 44-1606. DEPARTMENT -- LICENSING DUTIES -- LICENSE -- TERM -- RENEWAL 23 FEE. (1) The department shall issue licenses to persons who are at least eigh- 24 teen (18) years of age and who have shown themselves to be fit, competent and 25 qualified to engage in the business of farm labor contracting. Factors to be 26 considered by the department in making this determination shall include, but 27 not be limited to, the following: 28 (a) Whether an applicant has unsatisfied judgments or administrative 29 decisions requiring the payment of unpaid wages; 30 (b) Whether an applicant has worker's compensation coverage for each 31 employee; 32 (c) Whether an applicant has paid unemployment insurance contributions 33 when due; 34 (d) Whether an applicant has violated any provision of this chapter or 35 the rules adopted hereunder; 36 (e) Whether an applicant was ever denied a license or had a license 37 revoked, suspended or not renewed under the farm labor contractor laws of 38 any jurisdiction; 39 (f) Whether an applicant has employed an agent who has had a farm labor 40 contractor license denied, suspended, revoked or not renewed or who has 41 otherwise violated any provisions of this chapter or the rules adopted 42 hereunder; and 43 (g) Whether an applicant, when required by law, has failed or refused to 44 seek food, water, shelter or medical attention, or to provide any other 45 goods or services required for the safety and health of the applicant's 46 employees. 47 (2) The industrial commission shall make records available to the depart- 48 ment, including records that are otherwise exempt from disclosure under sec- 49 tion 9-340B, Idaho Code, for the purpose of determining an applicant's quali- 50 fications under subsection (1)(b) of this section. Records disclosed under 51 this subsection shall not be further disclosed by the department. 52 (3) The department shall issue a license within fifteen (15) business 53 days of receipt of a completed application if the department determines the 5 1 applicant to be fit, competent and qualified to engage in the business of farm 2 labor contracting. An application shall be deemed completed when all required 3 information and documentation has been submitted to the department. 4 (4) The license shall not be transferable or assignable. 5 (5) The first year of licensing shall run from April 1st to the following 6 March 31st and each license shall expire on March 31st following the date of 7 its issuance unless sooner revoked or otherwise terminated by the department. 8 Beginning January 1, 2004, the licensing year shall run from January 1st to 9 the following December 31st and each license shall expire on December 31st 10 following the date of its issuance unless sooner revoked or otherwise termi- 11 nated by the department. 12 (6) A license may be renewed annually upon payment of a nonrefundable fee 13 of two hundred fifty dollars ($250) and by providing the following: 14 (a) Proof of financial responsibility as required by section 44-1604, 15 Idaho Code; 16 (b) A certificate of insurance as required by section 44-1603(2)(e), 17 Idaho Code; and 18 (c) A certificate of insurance as required by section 44-1603(2)(f), 19 Idaho Code. 20 The department may require any person seeking renewal to file a new applica- 21 tion showing the person to be fit, competent and qualified to continue to 22 engage in the business of farm labor contracting. 23 (7) The department shall maintain a central public registry of all per- 24 sons issued a farm labor contractor's license. 25 44-1607. FARM LABOR CONTRACTOR -- DUTIES. A farm labor contractor shall: 26 (1) Carry his farm labor contractor license at all times and exhibit such 27 license upon request to anyone with whom the farm labor contractor intends to 28 deal in his capacity as a farm labor contractor. 29 (2) File immediately at the United States post office serving the farm 30 labor contractor's address as noted on the license a correct change of address 31 and notify the department each time an address change is made. 32 (3) Pay or distribute promptly when due to the persons entitled all money 33 or other things of value entrusted to the farm labor contractor for that pur- 34 pose. 35 (4) Comply with the terms and provisions of all agreements or contracts 36 entered into by the farm labor contractor. 37 (5) Comply with all applicable state laws and rules. 38 (6) Provide to the department certified copies of payroll records for any 39 payment period requested by the department. 40 (7) Provide to each employee at the time of hiring, recruiting, solic- 41 iting or supplying such employee, whichever occurs first, a written statement 42 in English or, as necessary and reasonable, in Spanish or other language com- 43 mon to agricultural workers who are not fluent or literate in English, that 44 contains a description of: 45 (a) The rate of compensation and the method of computing the rate of com- 46 pensation; 47 (b) The terms and conditions of employment, including the name and 48 address of the farm labor contractor, the place of employment, the approx- 49 imate length of the period of employment and the approximate starting and 50 ending dates; 51 (c) The terms and conditions of any bonus offered and the manner of 52 determining when the bonus is earned; 53 (d) The terms and conditions of any loan made to the employee; 54 (e) The terms and conditions of any housing, transportation, equipment, 6 1 health care, day care or any other employee benefit to be provided by the 2 farm labor contractor or the farm labor contractor's agent, and the costs 3 to be charged for each item; 4 (f) The name and address of the surety on the farm labor contractor's 5 bond; 6 (g) The employee's rights and remedies, including an employee's right to 7 make a claim against the farm labor contractor's surety bond. 8 (8) Provide to the employee each time the employee receives a compensa- 9 tion payment from the farm labor contractor a written statement itemizing the 10 total payment, the amount and purpose of each deduction therefrom, the hours 11 worked and, if the work was done on a piece basis, the number of pieces com- 12 pleted. 13 (9) For each employee make, keep and preserve for three (3) years the 14 following information: 15 (a) The basis on which wages were paid; 16 (b) The number of piecework units earned, if paid on a piecework basis; 17 (c) The number of hours worked; 18 (d) The total pay period earnings; 19 (e) The specific sums withheld and the reason for withholding each sum; 20 (f) The net pay; and 21 (g) The name and address of the owner of all operations, or the owner's 22 agent, where the employee worked. 23 44-1608. FARM LABOR CONTRACTOR -- APPLICANT FOR LICENSE -- PROHIBITED 24 ACTS. A farm labor contractor or an applicant for a farm labor contractor's 25 license shall not: 26 (1) Make misrepresentations or false statements on the application for a 27 license. 28 (2) Make or cause to be made, to any person, any false, fraudulent or 29 misleading representation, or publish or circulate or cause to be published or 30 circulated any false, fraudulent or misleading information concerning the 31 terms, conditions or existence of any employment. 32 (3) Solicit, induce or cause to be solicited or induced the violation of 33 an existing contract of employment. 34 (4) Violate, or assist another person to violate the requirements of this 35 chapter. 36 (5) By any force, intimidation, or threat, including threat of deporta- 37 tion, induce any employee of the farm labor contractor to give up any part of 38 the compensation to which the employee is entitled under federal or state wage 39 payment laws. 40 44-1609. LICENSE -- DENIAL, REVOCATION, SUSPENSION, REFUSAL TO RENEW. (1) 41 The department may deny, revoke, suspend or refuse to renew a farm labor con- 42 tractor license when: 43 (a) The applicant or licensee, or the agent of the applicant or licensee, 44 has had his farm labor contractor's license denied or revoked in any 45 jurisdiction within three (3) years of the date of application; 46 (b) The licensee or his agent has violated or failed to comply with any 47 provision of this chapter or the rules promulgated hereunder; 48 (c) The applicant or licensee has an unsatisfied court judgment or final 49 administrative decision against him for unpaid wages; 50 (d) The applicant or licensee made false or misleading statements on, or 51 provided false or misleading information with, his application for a 52 license; 53 (e) The applicant or licensee fails to maintain proof of financial 7 1 responsibility as required by section 44-1604, Idaho Code; 2 (f) The applicant or licensee fails to provide, or the department 3 receives notice of cancellation of any certificates of insurance required 4 by section 44-1603, Idaho Code; 5 (g) The applicant or licensee fails to pay unemployment insurance contri- 6 butions when due; or 7 (h) The applicant or licensee, when required by law, fails or refuses to 8 seek food, water, shelter or medical attention, or to provide any other 9 goods or services required for the safety and health of his employees. 10 (2) Before the department denies, revokes, suspends or refuses to renew a 11 license, the applicant or licensee shall be given written notice of the rea- 12 sons for the licensing action and an opportunity for a hearing. 13 44-1610. ACTION AGAINST LICENSE -- HEARING. (1) The contested case pro- 14 visions of the Idaho administrative procedure act, chapter 52, title 67, Idaho 15 Code, shall not apply to licensing actions under this chapter. 16 (2) When it appears, pursuant to section 44-1609, Idaho Code, that suffi- 17 cient cause exists for the denial of any application for, the revocation or 18 suspension of, or refusal to renew any license required by this chapter, the 19 department shall serve notice, in the manner provided for in subsection (7) of 20 this section, to the applicant or license holder stating the proposed adverse 21 action to be taken, the grounds on which such action is based, and that the 22 department's proposed action shall become final unless, within ten (10) calen- 23 dar days of the date of mailing of the notice, the aggrieved party files with 24 the department a written request for a hearing. 25 (3) A written request for a hearing may be filed by personal delivery, by 26 mail, or by fax to the wage and hour section of the department at the address 27 indicated on the notice. The date of personal delivery shall be noted on the 28 request and shall be deemed the date of filing. If mailed, the hearing request 29 shall be deemed to be filed on the date of mailing as determined by the post- 30 mark. A faxed request that is received by the wage and hour section by 5:00 31 p.m. on a business day shall be deemed filed on that date. A faxed request 32 that is received by the wage and hour section on a weekend, holiday or after 33 5:00 p.m. on a business day shall be deemed filed on the next business day. 34 (4) Reasonable notice of the hearing, containing the date, time, place 35 and purpose of the hearing, shall be served on all parties to the hearing in 36 the manner provided for in subsection (7) of this section. 37 (5) The hearing shall be conducted by an employee of the department des- 38 ignated by the director to be the hearing officer, who shall not be bound by 39 statutory rules of evidence or by technical or formal rules of procedure. A 40 record shall be made of the sworn testimony. Every party to the proceeding 41 shall have the right to counsel at their own expense and a full opportunity to 42 be heard, including such cross-examination as may be appropriate. The hearing 43 officer, as soon after the conclusion of the hearing as possible, on the basis 44 of the record made at the hearing, shall issue a decision and serve it on all 45 parties to the hearing in the manner provided for in subsection (7) of this 46 section. 47 (6) The decision of the hearing officer shall be a final agency order and 48 shall be effective on the date it is issued, subject only to the judicial 49 review provisions of chapter 52, title 67, Idaho Code. 50 (7) Any notice or decision required by this section shall be deemed 51 served if delivered to the person being served or if mailed to his last known 52 address. Service by mail shall be deemed completed on the date of mailing. The 53 date indicated on the notice or decision as the "date of mailing" shall be 54 presumed to be the date the document was deposited in the United States mail, 8 1 unless otherwise shown by a preponderance of competent evidence. 2 44-1611. JOINT LIABILITY. (1) If an agricultural employer uses a farm 3 labor contractor who is properly licensed and bonded under the provisions of 4 this chapter, that agricultural employer shall not be jointly and severally 5 liable for any unpaid wages determined to be due and owing pursuant to chapter 6 6, title 45, Idaho Code, to any employee of the farm labor contractor who per- 7 formed work for that agricultural employer. 8 (2) An agricultural employer who knowingly uses the services of an unli- 9 censed farm labor contractor shall be jointly and severally liable for any 10 unpaid wages determined to be due and owing pursuant to chapter 6, title 45, 11 Idaho Code, to any employee of the unlicensed farm labor contractor who per- 12 formed work for that agricultural employer. In making determinations under 13 this section, any user of a farm labor contractor may rely upon either the 14 license issued by the department to the farm labor contractor under section 15 44-1603, Idaho Code, or the department's representation that such contractor 16 is licensed as required by this chapter. 17 44-1612. CLAIM FOR WAGES -- EXCLUSIVE REMEDY. A claim for unpaid wages by 18 an employee of a farm labor contractor shall be treated as a claim for wages 19 under chapter 6, title 45, Idaho Code. 20 44-1613. PRIVATE RIGHT OF ACTION. Except as provided for in section 21 44-1612, Idaho Code, any person aggrieved by a violation of this chapter may 22 bring a civil action in a court of competent jurisdiction for injunctive 23 relief, damages or both. If the court finds that any person violated any of 24 the provisions of this chapter, it shall award actual damages, plus an amount 25 equal to treble the amount of actual damages, or one thousand dollars ($1,000) 26 per violation, whichever is greater. The court shall also award a prevailing 27 plaintiff reasonable attorney's fees and costs. No action under this section 28 may be commenced later than two (2) years after the date of the violation giv- 29 ing rise to the right of action. 30 44-1614. SERVICE OF PROCESS WHEN UNLICENSED CONTRACTOR IS UNAVAILABLE. In 31 any action arising out of the activities of an unlicensed farm labor contrac- 32 tor within this state who is not in the state or is otherwise unavailable for 33 service of process in this state, the unlicensed farm labor contractor may be 34 served by mailing a certified true copy of the summons and complaint to the 35 director; the last-known address, if any, of the unlicensed farm labor con- 36 tractor; and any other address the use of which the plaintiff knows, or on the 37 basis of reasonable inquiry, has reason to believe is most likely to result in 38 actual notice. 39 44-1615. RETALIATION PROHIBITED. No farm labor contractor may discharge 40 or in any other manner discriminate against an employee because that employee 41 made a claim against the farm labor contractor pursuant to this chapter, tes- 42 tified or is about to testify in any proceedings brought pursuant to this 43 chapter, or discussed or consulted with anyone concerning the employee's 44 rights under this chapter. 45 44-1616. VIOLATIONS -- PENALTY. (1) Any person who intentionally defaces, 46 alters or changes a farm labor contractor license, or who uses the license of 47 another, or who knowingly permits another person to use his license or acts as 48 a farm labor contractor without a license shall be guilty of a misdemeanor, 49 punishable by a fine not to exceed one thousand dollars ($1,000), or up to 9 1 sixty (60) days in jail or both. Each violation shall constitute a separate 2 offense. 3 (2) Any person who violates any other provision of this chapter shall be 4 guilty of a misdemeanor, punishable by a fine not to exceed three hundred dol- 5 lars ($300), or up to thirty (30) days in jail or both. Each violation shall 6 constitute a separate offense. 7 44-1617. DEPARTMENT -- ADMINISTRATIVE RULES. The department may adopt 8 rules reasonably necessary for the administration of this chapter. 9 44-1618. SEVERABILITY. The provisions of this chapter are hereby declared 10 to be severable, and if any provision is declared void, invalid, or unenforce- 11 able in whole or in part, such declaration shall not affect the remaining pro- 12 visions of this chapter. 13 SECTION 2. This act shall be in full force and effect on and after Janu- 14 ary 1, 2003.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002Moved by Dunklin Seconded by Lodge IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1289 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 36, following "practices" delete 3 the remainder of the line, and in line 37, delete "tions"; and in line 39, 4 following "market." insert: "This definition shall not include forestry, lum- 5 bering operations or logging contractors.".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1289, As Amended BY COMMERCE AND HUMAN RESOURCES 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 DEFINITIONS, TO PROVIDE EXEMPTIONS, TO PROVIDE FOR LICENSING OF FARM 5 LABOR CONTRACTORS, TO REQUIRE PROOF OF FINANCIAL RESPONSIBILITY, TO SPEC- 6 IFY AN APPLICATION FEE AND TO PROVIDE FOR APPROPRIATION OF FEES COLLECTED, 7 TO PROVIDE DUTIES OF THE DEPARTMENT WITH REGARD TO LICENSING AND TO SPEC- 8 IFY CONDITIONS OF THE LICENSE, TO PROVIDE DUTIES OF THE FARM LABOR CON- 9 TRACTOR, TO SPECIFY PROHIBITED ACTS, TO PROVIDE FOR DENIAL, REVOCATION, 10 SUSPENSION AND REFUSAL TO RENEW A LICENSE, TO PROVIDE NOTICE OF DENIAL OF 11 AN APPLICATION, REFUSAL TO RENEW A LICENSE, REVOCATION OR SUSPENSION OF A 12 LICENSE AND TO PROVIDE FOR A HEARING, TO PROVIDE FOR JOINT LIABILITY OF AN 13 AGRICULTURAL EMPLOYER AND AN UNLICENSED FARM LABOR CONTRACTOR, TO PROVIDE 14 CLAIM FOR WAGES, TO PROVIDE FOR PRIVATE RIGHT OF ACTION, TO PROVIDE SER- 15 VICE OF PROCESS WHEN UNLICENSED CONTRACTOR IS UNAVAILABLE, TO PROVIDE THAT 16 RETALIATION IS PROHIBITED, TO PROVIDE VIOLATIONS AND PENALTIES, TO PROVIDE 17 RULEMAKING AUTHORITY TO THE DEPARTMENT OF LABOR AND TO PROVIDE SEVERABIL- 18 ITY; AND PROVIDING AN EFFECTIVE DATE. 19 Be It Enacted by the Legislature of the State of Idaho: 20 SECTION 1. That Title 44, Idaho Code, be, and the same is hereby amended 21 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 22 ter 16, Title 44, Idaho Code, and to read as follows: 23 CHAPTER 16 24 FARM LABOR CONTRACTOR LICENSING 25 44-1601. DEFINITIONS. As used in this chapter: 26 (1) "Agricultural association" means any nonprofit or cooperative associ- 27 ation of farmers, growers or ranchers, incorporated or qualified under appli- 28 cable state law. 29 (2) "Agricultural employer" means any person engaged in any activity 30 included within the definition of "agriculture" in subsection (3) of this sec- 31 tion. 32 (3) "Agriculture" includes farming in all its branches and, among other 33 things, includes the cultivation and tillage of the soil; dairying; the pro- 34 duction, cultivation, growing and harvesting of any agricultural, aquacultural 35 or horticultural commodities; the raising of livestock, bees, fur-bearing ani- 36 mals or poultry; and any practices performed by a farmer or on a farm as an 37 incident to or in conjunction with such farming operation, including prepara- 38 tion for market, delivery to storage or to market or to carriers for transpor- 39 tation to market. This definition shall not include forestry, lumbering opera- 40 tions or logging contractors. 41 (4) "Department" means the department of labor of the state of Idaho. 42 (5) "Director" means the director of the department of labor. 2 1 (6) "Farm labor contracting activity" means recruiting, soliciting, hir- 2 ing, employing, furnishing or transporting any migrant or seasonal agricul- 3 tural worker. 4 (7) "Farm labor contractor" means any person who, for any money or other 5 valuable consideration paid or promised to be paid, performs any farm labor 6 contracting activity. 7 (8) "Immediate family member" means the spouse, children, brother, sis- 8 ter, mother or father. 9 (9) "Migrant agricultural worker" means an individual who is employed in 10 agricultural employment of a seasonal or temporary nature, and who is required 11 to be absent overnight from his permanent place of residence. This term does 12 not include any immediate family member of an agricultural employer or a farm 13 labor contractor. 14 (10) "Person" means an individual, association, partnership, limited lia- 15 bility company, corporation or other business entity. 16 (11) "Seasonal agricultural worker" means an individual who is employed in 17 agricultural employment of a seasonal or temporary nature and is not required 18 to be absent overnight from his permanent place of residence. This term does 19 not include any immediate family member of an agricultural employer or a farm 20 labor contractor. 21 44-1602. EXEMPTIONS. The provisions of this chapter shall not apply to 22 the following: 23 (1) An agricultural association engaged in farm labor contracting activi- 24 ties exclusively for members of that association. 25 (2) Any individual engaged in farm labor contracting for an agricultural 26 operation owned or operated exclusively by such individual or a member of such 27 individual's immediate family, if such activities are performed only for such 28 operation and exclusively by such individual, but without regard to whether 29 such individual has incorporated or otherwise organized for business purposes. 30 (3) Agricultural employers exchanging agricultural labor or services with 31 each other, provided the work is performed on land owned or leased by the 32 agricultural employers. 33 (4) Any common carrier that would be a farm labor contractor solely 34 because it is engaged in transporting any migrant or seasonal agricultural 35 worker. For purposes of this section, a common carrier is one that holds 36 itself out to the general public to engage in transportation of passengers for 37 hire, whether over regular or irregular routes, and holds a valid certificate 38 or authorization for such purpose from an appropriate local, state or federal 39 agency. 40 (5) Any nonprofit charitable organization, public entity or private non- 41 profit educational institution. 42 (6) Any employee of a person described in subsections (1) through (5) of 43 this section when performing farm labor contracting activities exclusively for 44 such person, unless the employee receives a commission or fee based upon the 45 number of workers recruited. 46 44-1603. LICENSE -- APPLICATION -- CONTENTS. (1) Except as otherwise pro- 47 vided, no person shall act as a farm labor contractor unless such person holds 48 a valid license issued by the department. 49 (2) An application for a farm labor contractor's license shall be sworn 50 to by the applicant and shall be submitted on a form prescribed by the depart- 51 ment that shall require, but not be limited to, the following information and 52 documentation: 53 (a) The applicant's name, Idaho address and all other temporary and per- 3 1 manent addresses the applicant uses or knows will be used in the future; 2 (b) Two (2) recent, passport sized, color photographs of the applicant, 3 or the applicant's authorized agent when the applicant is not a natural 4 person; 5 (c) A statement by the applicant of all facts required by the department 6 concerning the applicant's fitness, competency, and qualifications to 7 engage in the business of farm labor contracting; 8 (d) A statement by the applicant of all facts required by the department 9 concerning the manner and method by which the applicant proposes to con- 10 duct operations as a farm labor contractor; 11 (e) A certificate of insurance issued by the applicant's auto insurance 12 carrier listing the department as the certificate holder and providing for 13 a thirty (30) day cancellation notice for all vehicles used in the opera- 14 tion of the farm labor contracting business; 15 (f) A certificate of workers' compensation insurance issued by the 16 applicant's workers' compensation insurance carrier listing the department 17 as the certificate holder and providing for a thirty (30) day cancellation 18 notice; 19 (g) Whether the applicant has or was ever granted a farm labor 20 contractor's license in any other jurisdiction; 21 (h) Whether the applicant was ever denied a license or had a license 22 revoked or suspended under the farm labor contractor laws of any other 23 jurisdiction; 24 (i) The names and addresses of all persons financially interested, 25 whether as partners, limited liability company members, shareholders, 26 associates, or profit sharers in the applicant's proposed operation as a 27 farm labor contractor, together with the amount of their respective inter- 28 ests, and whether or not, to the best of the applicant's knowledge, any 29 such persons were ever denied a license or had a license revoked or sus- 30 pended under the farm labor contractor laws of any jurisdiction; and 31 (j) The following declaration by the applicant, or the applicant's autho- 32 rized agent when the applicant is not a natural person: "With regards to 33 any action filed against the applicant concerning the applicant's activi- 34 ties as a farm labor contractor, the applicant appoints the director of 35 the Idaho Department of Labor as the applicant's lawful agent to accept 36 service of summons when the applicant is not present in the jurisdiction 37 in which such action is commenced or have in any other way become unavail- 38 able to accept service.". 39 44-1604. APPLICANT -- PROOF OF FINANCIAL RESPONSIBILITY -- PAYMENT OF 40 CLAIMS. (1) Each applicant shall submit with the application and shall contin- 41 ually maintain proof of financial responsibility to ensure the prompt payment 42 of employees' wages pursuant to chapter 6, title 45, Idaho Code, and the pay- 43 ment of any claims awarded pursuant to section 44-1613, Idaho Code. 44 (2) Proof of financial responsibility shall be in the form of a surety 45 bond from a company licensed to do business in the state of Idaho. The surety 46 bond shall be in the amount of ten thousand dollars ($10,000) if the farm 47 labor contractor employs no more than twenty (20) employees, and thirty thou- 48 sand dollars ($30,000) if the contractor employs more than twenty (20) employ- 49 ees. 50 (3) The surety bond shall be for the benefit of the farm labor 51 contractor's employees and shall be conditioned upon the payment of all sums 52 legally owing to them. 53 (4) The surety bond shall be executed to cover the farm labor 54 contractor's liability for the period for which the license is issued, during 4 1 which time the bond cannot be canceled or otherwise terminated. 2 (5) All claims against the bond shall be unenforceable unless request for 3 payment of a court judgment, or lien pursuant to section 45-620, Idaho Code, 4 has been sent by certified mail to the surety. The surety company shall make 5 prompt and periodic payments on the farm labor contractor's liability to the 6 extent of the total amount of the bond. 7 (6) In lieu of the surety bond required by this section, an applicant or 8 farm labor contractor may deposit with the department cash or other security 9 acceptable to the director. The deposit shall not be less than ten thousand 10 dollars ($10,000) if the farm labor contractor employs no more than twenty 11 (20) employees, and thirty thousand dollars ($30,000) if the farm labor con- 12 tractor employs more than twenty (20) employees. The security deposited with 13 the director in lieu of the surety bond shall be returned to the farm labor 14 contractor at the expiration of two (2) years after the farm labor 15 contractor's license has expired or been otherwise terminated, unless the 16 director has received written notice that a legal or administrative action has 17 been instituted against the farm labor contractor for failing to comply with 18 the requirements of this chapter. 19 44-1605. APPLICATION FEE -- APPROPRIATION. Each application shall be 20 accompanied by a nonrefundable fee of two hundred fifty dollars ($250). All 21 fees collected shall be continuously appropriated to the department and used 22 for the administration of this chapter. 23 44-1606. DEPARTMENT -- LICENSING DUTIES -- LICENSE -- TERM -- RENEWAL 24 FEE. (1) The department shall issue licenses to persons who are at least eigh- 25 teen (18) years of age and who have shown themselves to be fit, competent and 26 qualified to engage in the business of farm labor contracting. Factors to be 27 considered by the department in making this determination shall include, but 28 not be limited to, the following: 29 (a) Whether an applicant has unsatisfied judgments or administrative 30 decisions requiring the payment of unpaid wages; 31 (b) Whether an applicant has worker's compensation coverage for each 32 employee; 33 (c) Whether an applicant has paid unemployment insurance contributions 34 when due; 35 (d) Whether an applicant has violated any provision of this chapter or 36 the rules adopted hereunder; 37 (e) Whether an applicant was ever denied a license or had a license 38 revoked, suspended or not renewed under the farm labor contractor laws of 39 any jurisdiction; 40 (f) Whether an applicant has employed an agent who has had a farm labor 41 contractor license denied, suspended, revoked or not renewed or who has 42 otherwise violated any provisions of this chapter or the rules adopted 43 hereunder; and 44 (g) Whether an applicant, when required by law, has failed or refused to 45 seek food, water, shelter or medical attention, or to provide any other 46 goods or services required for the safety and health of the applicant's 47 employees. 48 (2) The industrial commission shall make records available to the depart- 49 ment, including records that are otherwise exempt from disclosure under sec- 50 tion 9-340B, Idaho Code, for the purpose of determining an applicant's quali- 51 fications under subsection (1)(b) of this section. Records disclosed under 52 this subsection shall not be further disclosed by the department. 53 (3) The department shall issue a license within fifteen (15) business 5 1 days of receipt of a completed application if the department determines the 2 applicant to be fit, competent and qualified to engage in the business of farm 3 labor contracting. An application shall be deemed completed when all required 4 information and documentation has been submitted to the department. 5 (4) The license shall not be transferable or assignable. 6 (5) The first year of licensing shall run from April 1st to the following 7 March 31st and each license shall expire on March 31st following the date of 8 its issuance unless sooner revoked or otherwise terminated by the department. 9 Beginning January 1, 2004, the licensing year shall run from January 1st to 10 the following December 31st and each license shall expire on December 31st 11 following the date of its issuance unless sooner revoked or otherwise termi- 12 nated by the department. 13 (6) A license may be renewed annually upon payment of a nonrefundable fee 14 of two hundred fifty dollars ($250) and by providing the following: 15 (a) Proof of financial responsibility as required by section 44-1604, 16 Idaho Code; 17 (b) A certificate of insurance as required by section 44-1603(2)(e), 18 Idaho Code; and 19 (c) A certificate of insurance as required by section 44-1603(2)(f), 20 Idaho Code. 21 The department may require any person seeking renewal to file a new applica- 22 tion showing the person to be fit, competent and qualified to continue to 23 engage in the business of farm labor contracting. 24 (7) The department shall maintain a central public registry of all per- 25 sons issued a farm labor contractor's license. 26 44-1607. FARM LABOR CONTRACTOR -- DUTIES. A farm labor contractor shall: 27 (1) Carry his farm labor contractor license at all times and exhibit such 28 license upon request to anyone with whom the farm labor contractor intends to 29 deal in his capacity as a farm labor contractor. 30 (2) File immediately at the United States post office serving the farm 31 labor contractor's address as noted on the license a correct change of address 32 and notify the department each time an address change is made. 33 (3) Pay or distribute promptly when due to the persons entitled all money 34 or other things of value entrusted to the farm labor contractor for that pur- 35 pose. 36 (4) Comply with the terms and provisions of all agreements or contracts 37 entered into by the farm labor contractor. 38 (5) Comply with all applicable state laws and rules. 39 (6) Provide to the department certified copies of payroll records for any 40 payment period requested by the department. 41 (7) Provide to each employee at the time of hiring, recruiting, solic- 42 iting or supplying such employee, whichever occurs first, a written statement 43 in English or, as necessary and reasonable, in Spanish or other language com- 44 mon to agricultural workers who are not fluent or literate in English, that 45 contains a description of: 46 (a) The rate of compensation and the method of computing the rate of com- 47 pensation; 48 (b) The terms and conditions of employment, including the name and 49 address of the farm labor contractor, the place of employment, the approx- 50 imate length of the period of employment and the approximate starting and 51 ending dates; 52 (c) The terms and conditions of any bonus offered and the manner of 53 determining when the bonus is earned; 54 (d) The terms and conditions of any loan made to the employee; 6 1 (e) The terms and conditions of any housing, transportation, equipment, 2 health care, day care or any other employee benefit to be provided by the 3 farm labor contractor or the farm labor contractor's agent, and the costs 4 to be charged for each item; 5 (f) The name and address of the surety on the farm labor contractor's 6 bond; 7 (g) The employee's rights and remedies, including an employee's right to 8 make a claim against the farm labor contractor's surety bond. 9 (8) Provide to the employee each time the employee receives a compensa- 10 tion payment from the farm labor contractor a written statement itemizing the 11 total payment, the amount and purpose of each deduction therefrom, the hours 12 worked and, if the work was done on a piece basis, the number of pieces com- 13 pleted. 14 (9) For each employee make, keep and preserve for three (3) years the 15 following information: 16 (a) The basis on which wages were paid; 17 (b) The number of piecework units earned, if paid on a piecework basis; 18 (c) The number of hours worked; 19 (d) The total pay period earnings; 20 (e) The specific sums withheld and the reason for withholding each sum; 21 (f) The net pay; and 22 (g) The name and address of the owner of all operations, or the owner's 23 agent, where the employee worked. 24 44-1608. FARM LABOR CONTRACTOR -- APPLICANT FOR LICENSE -- PROHIBITED 25 ACTS. A farm labor contractor or an applicant for a farm labor contractor's 26 license shall not: 27 (1) Make misrepresentations or false statements on the application for a 28 license. 29 (2) Make or cause to be made, to any person, any false, fraudulent or 30 misleading representation, or publish or circulate or cause to be published or 31 circulated any false, fraudulent or misleading information concerning the 32 terms, conditions or existence of any employment. 33 (3) Solicit, induce or cause to be solicited or induced the violation of 34 an existing contract of employment. 35 (4) Violate, or assist another person to violate the requirements of this 36 chapter. 37 (5) By any force, intimidation, or threat, including threat of deporta- 38 tion, induce any employee of the farm labor contractor to give up any part of 39 the compensation to which the employee is entitled under federal or state wage 40 payment laws. 41 44-1609. LICENSE -- DENIAL, REVOCATION, SUSPENSION, REFUSAL TO RENEW. (1) 42 The department may deny, revoke, suspend or refuse to renew a farm labor con- 43 tractor license when: 44 (a) The applicant or licensee, or the agent of the applicant or licensee, 45 has had his farm labor contractor's license denied or revoked in any 46 jurisdiction within three (3) years of the date of application; 47 (b) The licensee or his agent has violated or failed to comply with any 48 provision of this chapter or the rules promulgated hereunder; 49 (c) The applicant or licensee has an unsatisfied court judgment or final 50 administrative decision against him for unpaid wages; 51 (d) The applicant or licensee made false or misleading statements on, or 52 provided false or misleading information with, his application for a 53 license; 7 1 (e) The applicant or licensee fails to maintain proof of financial 2 responsibility as required by section 44-1604, Idaho Code; 3 (f) The applicant or licensee fails to provide, or the department 4 receives notice of cancellation of any certificates of insurance required 5 by section 44-1603, Idaho Code; 6 (g) The applicant or licensee fails to pay unemployment insurance contri- 7 butions when due; or 8 (h) The applicant or licensee, when required by law, fails or refuses to 9 seek food, water, shelter or medical attention, or to provide any other 10 goods or services required for the safety and health of his employees. 11 (2) Before the department denies, revokes, suspends or refuses to renew a 12 license, the applicant or licensee shall be given written notice of the rea- 13 sons for the licensing action and an opportunity for a hearing. 14 44-1610. ACTION AGAINST LICENSE -- HEARING. (1) The contested case pro- 15 visions of the Idaho administrative procedure act, chapter 52, title 67, Idaho 16 Code, shall not apply to licensing actions under this chapter. 17 (2) When it appears, pursuant to section 44-1609, Idaho Code, that suffi- 18 cient cause exists for the denial of any application for, the revocation or 19 suspension of, or refusal to renew any license required by this chapter, the 20 department shall serve notice, in the manner provided for in subsection (7) of 21 this section, to the applicant or license holder stating the proposed adverse 22 action to be taken, the grounds on which such action is based, and that the 23 department's proposed action shall become final unless, within ten (10) calen- 24 dar days of the date of mailing of the notice, the aggrieved party files with 25 the department a written request for a hearing. 26 (3) A written request for a hearing may be filed by personal delivery, by 27 mail, or by fax to the wage and hour section of the department at the address 28 indicated on the notice. The date of personal delivery shall be noted on the 29 request and shall be deemed the date of filing. If mailed, the hearing request 30 shall be deemed to be filed on the date of mailing as determined by the post- 31 mark. A faxed request that is received by the wage and hour section by 5:00 32 p.m. on a business day shall be deemed filed on that date. A faxed request 33 that is received by the wage and hour section on a weekend, holiday or after 34 5:00 p.m. on a business day shall be deemed filed on the next business day. 35 (4) Reasonable notice of the hearing, containing the date, time, place 36 and purpose of the hearing, shall be served on all parties to the hearing in 37 the manner provided for in subsection (7) of this section. 38 (5) The hearing shall be conducted by an employee of the department des- 39 ignated by the director to be the hearing officer, who shall not be bound by 40 statutory rules of evidence or by technical or formal rules of procedure. A 41 record shall be made of the sworn testimony. Every party to the proceeding 42 shall have the right to counsel at their own expense and a full opportunity to 43 be heard, including such cross-examination as may be appropriate. The hearing 44 officer, as soon after the conclusion of the hearing as possible, on the basis 45 of the record made at the hearing, shall issue a decision and serve it on all 46 parties to the hearing in the manner provided for in subsection (7) of this 47 section. 48 (6) The decision of the hearing officer shall be a final agency order and 49 shall be effective on the date it is issued, subject only to the judicial 50 review provisions of chapter 52, title 67, Idaho Code. 51 (7) Any notice or decision required by this section shall be deemed 52 served if delivered to the person being served or if mailed to his last known 53 address. Service by mail shall be deemed completed on the date of mailing. The 54 date indicated on the notice or decision as the "date of mailing" shall be 8 1 presumed to be the date the document was deposited in the United States mail, 2 unless otherwise shown by a preponderance of competent evidence. 3 44-1611. JOINT LIABILITY. (1) If an agricultural employer uses a farm 4 labor contractor who is properly licensed and bonded under the provisions of 5 this chapter, that agricultural employer shall not be jointly and severally 6 liable for any unpaid wages determined to be due and owing pursuant to chapter 7 6, title 45, Idaho Code, to any employee of the farm labor contractor who per- 8 formed work for that agricultural employer. 9 (2) An agricultural employer who knowingly uses the services of an unli- 10 censed farm labor contractor shall be jointly and severally liable for any 11 unpaid wages determined to be due and owing pursuant to chapter 6, title 45, 12 Idaho Code, to any employee of the unlicensed farm labor contractor who per- 13 formed work for that agricultural employer. In making determinations under 14 this section, any user of a farm labor contractor may rely upon either the 15 license issued by the department to the farm labor contractor under section 16 44-1603, Idaho Code, or the department's representation that such contractor 17 is licensed as required by this chapter. 18 44-1612. CLAIM FOR WAGES -- EXCLUSIVE REMEDY. A claim for unpaid wages by 19 an employee of a farm labor contractor shall be treated as a claim for wages 20 under chapter 6, title 45, Idaho Code. 21 44-1613. PRIVATE RIGHT OF ACTION. Except as provided for in section 22 44-1612, Idaho Code, any person aggrieved by a violation of this chapter may 23 bring a civil action in a court of competent jurisdiction for injunctive 24 relief, damages or both. If the court finds that any person violated any of 25 the provisions of this chapter, it shall award actual damages, plus an amount 26 equal to treble the amount of actual damages, or one thousand dollars ($1,000) 27 per violation, whichever is greater. The court shall also award a prevailing 28 plaintiff reasonable attorney's fees and costs. No action under this section 29 may be commenced later than two (2) years after the date of the violation giv- 30 ing rise to the right of action. 31 44-1614. SERVICE OF PROCESS WHEN UNLICENSED CONTRACTOR IS UNAVAILABLE. In 32 any action arising out of the activities of an unlicensed farm labor contrac- 33 tor within this state who is not in the state or is otherwise unavailable for 34 service of process in this state, the unlicensed farm labor contractor may be 35 served by mailing a certified true copy of the summons and complaint to the 36 director; the last-known address, if any, of the unlicensed farm labor con- 37 tractor; and any other address the use of which the plaintiff knows, or on the 38 basis of reasonable inquiry, has reason to believe is most likely to result in 39 actual notice. 40 44-1615. RETALIATION PROHIBITED. No farm labor contractor may discharge 41 or in any other manner discriminate against an employee because that employee 42 made a claim against the farm labor contractor pursuant to this chapter, tes- 43 tified or is about to testify in any proceedings brought pursuant to this 44 chapter, or discussed or consulted with anyone concerning the employee's 45 rights under this chapter. 46 44-1616. VIOLATIONS -- PENALTY. (1) Any person who intentionally defaces, 47 alters or changes a farm labor contractor license, or who uses the license of 48 another, or who knowingly permits another person to use his license or acts as 49 a farm labor contractor without a license shall be guilty of a misdemeanor, 9 1 punishable by a fine not to exceed one thousand dollars ($1,000), or up to 2 sixty (60) days in jail or both. Each violation shall constitute a separate 3 offense. 4 (2) Any person who violates any other provision of this chapter shall be 5 guilty of a misdemeanor, punishable by a fine not to exceed three hundred dol- 6 lars ($300), or up to thirty (30) days in jail or both. Each violation shall 7 constitute a separate offense. 8 44-1617. DEPARTMENT -- ADMINISTRATIVE RULES. The department may adopt 9 rules reasonably necessary for the administration of this chapter. 10 44-1618. SEVERABILITY. The provisions of this chapter are hereby declared 11 to be severable, and if any provision is declared void, invalid, or unenforce- 12 able in whole or in part, such declaration shall not affect the remaining pro- 13 visions of this chapter. 14 SECTION 2. This act shall be in full force and effect on and after Janu- 15 ary 1, 2003.
STATEMENT OF PURPOSE RS 11604C1 This legislation requires persons performing farm labor contracting activities in the State of Idaho to be licensed by the State and pay an annual licensing fee. It requires that licensed farm labor contractors post a surety bond to cover unpaid wages; carry auto insurance for all vehicles used in the farm labor contractor's business; carry workers' compensation coverage for all employees; and provide all employees when hired full disclosure about the rate of pay, benefits to be furnished, and all expenses that may be deducted from an employee's wages. This legislation also provides a benefit to both farmers and farm labor contractors. It provides that farmers who use licensed farm labor contractors will not be considered a joint employer of the farm labor contractor's employees. This incentive for farmers to use licensed farm labor contractors should increase business opportunities for licensed contractors while reducing unfair competition from unlicensed contractors. This legislation will not be effective until January 1, 2003. FISCAL IMPACT The State Department of Labor estimates it will need one FTE to cover the duties that will be required by this legislation. The fiscal impact to state General Fund revenues is estimated to be $65,900 per year. Of this amount, 70% or $46,130 will be for personal services and 30% or $19,770 will be for operating expenses. The Department will be charging an annual licensing fee of $250. Because this legislation is not implemented until January 1,2003, the cost for FY 2003 will be $32,950 ($23,065 for personal services and $9,885 for operating expenses). Of this amount, $23,065 for personal services will come from General Fund revenues. The $9,885 for operating expenses will include $7,385 from General Fund revenues and $2,500 from licensing fees, which are dedicated funds. Contact Name: Dwight Johnson, Department of Labor Phone: 208/332-3570 ext. 3209 STATEMENT OF PURPOSE/FISCAL NOTE S 1289