Bill Text: CA AB1675 | 2011-2012 | Regular Session | Chaptered

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Bill Title: Farm labor contractors: licenses: civil penalty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-30 - Chaptered by Secretary of State - Chapter 857, Statutes of 2012. [AB1675 Detail]

Download: California-2011-AB1675-Chaptered.html

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BILL NUMBER: AB 1675	CHAPTERED
	BILL TEXT

	CHAPTER  857
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2012
	PASSED THE SENATE  AUGUST 21, 2012
	PASSED THE ASSEMBLY  MAY 29, 2012
	AMENDED IN ASSEMBLY  MARCH 20, 2012

INTRODUCED BY   Assembly Member Bonilla

                        FEBRUARY 14, 2012

   An act to amend Section 1683 of the Labor Code, relating to farm
labor contractors.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1675, Bonilla. Farm labor contractors: licenses: civil penalty.

   Existing law requires farm labor contractors to be licensed by the
Labor Commissioner and to comply with specified employment laws
applicable to farm labor contractors. Under existing law, a person
who violates farm labor contractor requirements is guilty of a
misdemeanor punishable by specified fines, or imprisonment in the
county jail for not more than 6 months, or both.
   This bill, in addition, would subject a violator of the
requirement that a farm labor contractor be licensed to citations
issued by the Labor Commissioner and civil penalties that increase as
the number of citations for violations increase. The bill would
provide that the civil penalties collected under the above-described
provisions shall be deposited into the Farmworker Remedial Account
and be available, upon appropriation by the Legislature, for purposes
of regulating farm labor contractors.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1683 of the Labor Code is amended to read:
   1683.  (a) A person shall not act as a farm labor contractor until
a license to do so has been issued to the person by the Labor
Commissioner and the license is in full force and effect and in the
person's possession. The Labor Commissioner shall provide by
regulation a means of issuing duplicate licenses in case of loss of
the original license or any other appropriate instances.
   (b) (1) A person who violates this section is subject to a civil
penalty as follows:
   (A) For any initial citation, one hundred dollars ($100) for each
farmworker employed by the unlicensed person, plus one hundred
dollars ($100) for each calendar day that a violation occurs, for a
total penalty not to exceed ten thousand dollars ($10,000).
   (B) For a second citation, two hundred dollars ($200) for each
farmworker employed by the unlicensed person, plus two hundred
dollars ($200) for each calendar day that a violation occurs, for a
total penalty not to exceed twenty thousand dollars ($20,000).
   (C) For a third or subsequent citation, five hundred dollars
($500) for each farmworker employed by the unlicensed person, plus
five hundred dollars ($500) for each calendar day that a violation
occurs, for a total penalty not to exceed fifty thousand dollars
($50,000).
   (2) If, upon inspection or investigation, the Labor Commissioner
determines that a person has violated this section, the Labor
Commissioner shall issue a citation. The procedures for issuing,
contesting, and enforcing citations or civil penalties issued by the
Labor Commissioner for a violation of this section are the same as
those described in Section 1197.1.
   (3) The civil penalties collected pursuant to this section shall
be deposited into the Farmworker Remedial Account and shall be
available, upon appropriation by the Legislature, for purposes of
this chapter.
   (4) The civil penalties provided for in this section are in
addition to any other penalty provided by law.
   (c) For purposes of this section, "license" includes a letter of
authorization issued by the Labor Commissioner pursuant to paragraph
(2) of subdivision (a) of Section 1695.7.