Bill Text: CA SB1087 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Farm labor contractors.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2014-09-28 - Chaptered by Secretary of State. Chapter 750, Statutes of 2014. [SB1087 Detail]

Download: California-2013-SB1087-Introduced.html

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BILL NUMBER: SB 1087	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Monning
   (Coauthor: Assembly Member Medina)

                        FEBRUARY 19, 2014

   An act to amend Sections 1684, 1685, 1690, 1690.1, 1694, 1695,
1695.5, 1695.55, 1696.2, 1696.5, and 1697 of the Labor Code, relating
to farm labor contractors, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1087, as introduced, Monning. Farm labor contractors.
   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. Existing law requires farm
labor contractors to pay license fees to the commission who, in turn,
is required to deposit those fees into the Farmworker Remedial
Account, which is a continuously appropriated special fund. 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 would prohibit a license to operate as a farm labor
contractor from being granted to a person who, within the preceding 3
years, has been found to have committed sexual harassment of an
employee.
   This bill would increase the license fee paid by an applicant from
$500 to $600, thereby making an appropriation. The bill would
require the fee increase to be expended by the Labor Commissioner to
fund the Farm Labor Contractor Enforcement Unit and the Farm Labor
Contractor License Verification Unit. The bill would require an
applicant to provide the names and addresses of all persons who
performed specified services for him or her in the previous year, in
order to be issued a license to act as a farm labor contractor. The
bill would require the employees of an applicant for licensure as a
farm labor contractor to register as farm labor contractor employees
pursuant to federal law, if that registration is required under
federal law. The bill would also increase the amount of the surety
bond that is required to be deposited with the commissioner in order
to be issued a license to act as a farm labor contractor by $25,000
or $50,000 based upon the size of the person's annual payroll, and
require documentation of the payroll size. The bill would require
that the bond be conditioned upon compliance with, and payment of all
damages occasioned by failure to comply with, provisions prohibiting
sexual harassment, as specified.
   Existing law requires an applicant for licensure as a farm labor
contractor to have taken a written examination that demonstrates an
essential degree of knowledge of current laws and regulations
concerning farm labor contractors and authorizes the commissioner to
charge a fee of not more than $100 to cover the cost of administering
the exam.
   This bill would require that exam to cover laws and regulations
concerning sexual harassment in the workplace. The bill would
authorize the commissioner to consult with the Department of Fair
Employment and Housing in preparing the exam. The bill would also
increase the maximum amount the commissioner may charge for
developing and administering the exam to $200.
   Existing law authorizes the commissioner to renew a license
without requiring the applicant to take the examination if during the
previous year the applicant has not been found to be in violation of
specified laws and regulations, and meets other criteria.
   This bill would include among those laws that the applicant must
not have violated laws and regulations related to sexual harassment.
   Existing law requires an applicant for a license to act as a farm
labor contractor to participate in at least 8 hours of educational
classes each year.
   This bill would increase the requirement to 16 hours of classes
and require that those classes include sexual harassment prevention
training.
   Existing law provides that it is a crime for an employer who has
made withholdings from an employee's wages willfully or with intent
to defraud to fail to remit the withholdings to the proper agency or
to fail to make any required payments required.
   This bill would authorize the commissioner to refuse to issue or
renew the license until the amount of any delinquency under these
provisions is fully paid.
   Existing law requires every licensee to have a written statement
ready for inspection stating the rate of compensation he or she
receives from the grower and that he or she is paying to employees,
as specified.
   This bill would require that this statement and any agreement with
the grower or other farm labor contractor concerning the amount of
the commission or the payment made to the licensee for services be
provided to a current or former employee or the grower within 21
calendar days of a written request. The bill would make a licensee
who fails to comply with this requirement subject to a civil penalty
of $750.
    Existing law provides that any farm labor contractor who engages
in farm labor contracting activities after his or her license has
been suspended or revoked is punishable by a fine of not less than
$1,000 but not exceeding $5,000, or by imprisonment for not less than
6 months and not more than one year, or both.
   This bill would instead provide that any farm labor contractor who
engages in farm labor contracting activities after his or her
license has been suspended, revoked, or denied reissuance is
punishable by a fine of not less than $10,000, or by imprisonment for
not less than 6 months and not more than one year, or both.
   Existing law provides that any violation of these provisions is a
crime punishable by a fine of not more than $1,000, or imprisonment
in a county jail for not more than 6 months, or both. Because this
bill would change various provisions, the violation of which, are
crimes, this bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 1684 of the Labor Code is amended to read:
   1684.  (a) The Labor Commissioner shall not issue to any person a
license to act as a farm labor contractor, nor shall the Labor
Commissioner renew that license, until all of the following
conditions are satisfied:
   (1) The person has executed a written application in a form
prescribed by the Labor Commissioner, subscribed and sworn to by the
person, and containing all of the following:
   (A) A statement by the person of all facts required by the Labor
Commissioner concerning the applicant's character, competency,
responsibility, and the manner and method by which the person
proposes to conduct operations as a farm labor contractor if the
license is issued.
   (B) The names and addresses of all persons, except bona fide
employees on stated salaries, financially interested, either as
partners, associates, or profit sharers, in the proposed operation as
a farm labor contractor, together with the amount of their
respective interests.
   (C) A declaration consenting to the designation by a court of the
Labor Commissioner as an agent available to accept service of summons
in any action against the licensee if the licensee has left the
jurisdiction in which the action is commenced or otherwise has become
unavailable to accept service. 
   (D) The names and addresses of all persons who in the previous
calendar year performed any services described in subdivision (b) of
Section 1682 within the scope of his or her employment by the
licensee on whose behalf he or she was acting, unless the person was
employed as an independent contractor. 
   (2) The Labor Commissioner, after investigation, is satisfied as
to the character, competency, and responsibility of the person.
   (3)  (A)    The person has deposited with the
Labor Commissioner a surety bond in an amount based on the size of
the person's annual payroll for all employees, as follows: 
   (A) 
    (i)  For payrolls up to five hundred thousand dollars
($500,000), a  twenty-five thousand dollar ($25,000)
  fifty thousand dollar ($50,000)  bond. 
   (B) 
    (ii)  For payrolls of five hundred thousand dollars
($500,000) to two million dollars ($2,000,000), a  fifty
thousand dollar ($50,000)   one hundred thousand dollar
($100,000)  bond. 
   (C) 
    (iii) For payrolls greater than two million dollars
($2,000,000), a  seventy-five thousand dollar ($75,000)
  one hundred fifty thousand dollar ($150,000)
bond. 
   (B) For purposes of this paragraph, the Labor Commissioner shall
require documentation of the size of the person's annual payroll
which may include, but is not limited to, information provided by the
person to the Employment Development Department, the Franchise Tax
Board, the Division of Workers' Compensation, the insurer providing
the licensee's workers' compensation insurance, or the Internal
Revenue Service.  
   Where 
    If  the contractor has been the subject of a final
judgment in a year in an amount equal to  that  
or greater than the amount of the bond required, he or she
shall be required to deposit an additional bond within 60 days.
 The bond 
    All bonds required under this chapter  shall be payable
to the people of the State of California and shall be conditioned
 that   upon  the farm labor 
contractor will comply   contractor's compliance 
with all the terms and provisions of this chapter and  will
pay   subdivisions (j) and (k) of Section 12940 of, and
Sections 12950 and 12950.1 of, the Government Code, and payment of
 all damages occasioned to any person by failure to do so, or by
any violation of this chapter  or of subdivision (j) or (k) of
Section 12940 of, or of Section 12950 or 12950.1 of, the Government
Code  , or false statements or misrepresentations made in the
procurement of the license. The bond shall also be payable for
interest on wages and for any damages arising from violation of
orders of the Industrial Welfare Commission, and for any other
monetary relief awarded to an agricultural worker as a result of a
violation of this code  or of subdivision (j) or (k) of Section
12940 of, or Section 12950 or 12950.1 of, the Government Code  .

   (4) The person has paid to the Labor Commissioner a license fee of
five hundred dollars ($500) plus a filing fee of ten dollars ($10).
However, where a timely application for renewal is filed, the ten
dollar ($10) filing fee is not required.  The license fee shall
increase by one hundred dollars ($100), to six hundred dollars (
  $600), on January 1, 2015. The increased fee shall be
expended by the Labor Commissioner to fund the Farm Labor Contractor
Enforcement Unit and the Farm Labor Contractor License Verification
Unit. Notwithstanding Section 1698, no portion of that increase shall
be credited to the General Fund.  The Labor Commissioner shall
deposit one hundred fifty dollars ($150) of each licensee's annual
license fee into the Farmworker Remedial Account. Funds from this
account shall be disbursed by the Labor Commissioner only to persons
determined by the Labor Commissioner to have been damaged by any
licensee  when   if  the damage exceeds the
 limits   amount  of the  licensee'
s bond  ,  licensee's bond or the surety fails to pay
the full amount of the licensee's bond,  or to persons
determined by the Labor Commissioner to have been damaged by an
unlicensed farm labor contractor. In making these determinations, the
Labor Commissioner shall disburse funds from the Farmworker Remedial
Account to satisfy claims against farm labor contractors or
unlicensed farm labor contractors, which shall also include interest
on wages and any damages arising from the violation of orders of the
Industrial Welfare Commission, and for any other monetary relief
awarded to an agricultural worker as a result of a violation of this
code. The Labor Commissioner may disburse funds from the Farmworker
Remedial Account to farm labor contractors, for payment of
farmworkers, where a contractor is unable to pay farmworkers due to
the failure of a grower or packer to pay the contractor. Any
disbursed funds subsequently recovered by the Labor Commissioner
pursuant to Section 1693, or otherwise, shall be returned to the
Farmworker Remedial Account.
   (5) The person has taken a written examination that demonstrates
an essential degree of knowledge of the current laws and
administrative regulations concerning farm labor contractors as the
Labor Commissioner deems necessary for the safety and protection of
farmers, farmworkers, and the  public.   public,
including, protections from sexual harassment in the workplace.
 To successfully complete the examinations, the person must
correctly answer at least 85 percent of the questions posed. The
examination period shall not exceed four hours. The examination may
only be taken a maximum of three times in a calendar year. The
examinations shall include a demonstration of knowledge of the
current laws and regulations regarding wages, hours, and working
conditions, penalties, employee housing and transportation,
collective bargaining, field sanitation, and safe work practices
related to pesticide use, including all of the following subjects:
   (A) Field reentry regulations.
   (B) Worker pesticide safety training.
   (C) Employer responsibility for safe working conditions.
   (D) Symptoms and appropriate treatment of pesticide poisoning.
   (6) The person has registered as a farm labor contractor pursuant
to the federal Migrant and Seasonal Agricultural Worker Protection
Act (29 U.S.C. 1801 et seq.), when registration is required pursuant
to federal law  , and that information is provided by the person
to the Labor Commissioner  . 
   (7) The person's employees have registered as a farm labor
contractor employee pursuant to the federal Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.) if that
registration is required pursuant to federal law, and that
information is provided by the person to the Labor Commissioner.

   (b) (1) The Labor Commissioner shall consult with the Director of
Pesticide Regulation, the Department of the California Highway
Patrol, the Department of Housing and Community Development, the
Employment Development Department,  the Department of Fair
Employment and Housing,  the Department of Food and Agriculture,
the Department of Motor Vehicles, and the Division of Occupational
Safety and Health in preparing the examination required by paragraph
(5) of subdivision (a) and the appropriate educational materials
pertaining to the matters included in the examination, and may charge
a fee of not more than  one hundred dollars ($100) 
 two hundred dollars ($200)  to cover the cost of
administration of the examination.
   (2) In addition, the person must enroll and participate in at
least  eight   16  hours of relevant,
educational classes each year.  The classes shall include sexual
harassment prevention training.  The classes shall be chosen
from a list of approved classes prepared by the Labor Commissioner,
in consultation with the persons and entities listed in paragraph (1)
and county agricultural commissioners.
   (c) The Labor Commissioner may renew a license without requiring
the applicant for renewal to take the examination specified in
paragraph (5) of subdivision (a) if the Labor Commissioner finds that
the applicant meets all of the following criteria:
   (1) Has satisfactorily completed the examination during the
immediately preceding two years.
   (2) Has not during the preceding year been found to be in
violation of any applicable laws or regulations including, but not
limited to, Division 7 (commencing with Section 12501) of the Food
and Agricultural Code,  subdivisions (j) and (k) of Section 12940
of, and Section 1   2950 or 12950.1 of, the Government
Code,  Part 1 (commencing with Section 17000) of Division 13 of
the Health and Safety Code, Division 2 (commencing with Section 200),
Division 4 (commencing with Section 3200), and Division 5
(commencing with Section 6300) of this code, and Chapter 1
(commencing with Section 12500) of Division 6 of the Vehicle Code.
   (3) Has, for each year since the license was obtained, enrolled
and participated in at least eight hours of relevant, educational
classes, chosen from a list of approved classes prepared by the Labor
Commissioner.
   (4) Has complied with all other requirements of this section.
  SEC. 2.  Section 1685 of the Labor Code is amended to read:
   1685.  No license to operate as a farm labor contractor shall be
granted:
   (a) To any person who sells or proposes to sell intoxicating
liquors in a building or on premises where he operates or proposes to
operate as a farm labor contractor.
   (b) To a person whose license has been revoked within three (3)
years from the date of application. 
   (c) To a person who, within the preceding three years, has been
found by a court or an administrative agency to have committed sexual
harassment of an employee. For purposes of this section, "person"
means any applicant or any crewleader, mayordomo, foreperson, or any
other employee of the applicant whose duties include the supervision,
direction, or control of any agricultural worker on behalf of the
applicant. 
  SEC. 3.  Section 1690 of the Labor Code is amended to read:
   1690.  The Labor Commissioner may revoke, suspend, or refuse to
renew any license  when   if  it is shown
that any of the following have occurred:
   (a) The licensee or any agent of the licensee has violated or
failed to comply with any of the provisions of this chapter.
   (b) The licensee has made any misrepresentations or false
statements in his or her application for a license.
   (c) The conditions under which the license was issued have changed
or no longer exist.
   (d) The licensee, or any agent of the licensee, has violated, or
has willfully aided or abetted any person in the violation of, or
failed to comply with, any law of the State of California regulating
the employment of employees in agriculture, the payment of wages to
farm employees, or the conditions, terms, or places of employment
affecting the health and safety of farm employees, which is
applicable to the business, activities, or operations of the licensee
in his or her capacity as a farm labor contractor.
   (e) The licensee, or any agent of the licensee, has failed to
comply with any provisions of the Vehicle Code pertaining to a farm
labor vehicle, as described in Sections 322 and 323 of the Vehicle
Code, under the licensee's control, or has allowed a farm labor
vehicle under his or her control to be operated by a driver without a
valid driver's license and certificate required pursuant to Section
12519 of the Vehicle Code.
   (f) The licensee has been found, by a court or the Secretary of
Labor, to have violated any provision of the federal Migrant and
Seasonal Agricultural Worker Protection Act (Chapter 20 (commencing
with Section 1801), Title 29, United States Code), provided that the
licensee is required to register as a farm labor contractor pursuant
to federal law. 
   (g) The licensee, or any crewleader, mayordomo, foreperson, or any
other employee of the licensee whose duties include the supervision,
direction, or control of any agricultural worker on behalf of the
licensee, has been found by a court or an administrative agency to
have committed sexual harassment of an employee. 
  SEC. 4.  Section 1690.1 of the Labor Code is amended to read:
   1690.1.   (a)    If any licensee fails to remit
the proper amount of worker contributions required by Chapter 4
(commencing with Section 901) of Part 1 of Division 1 of the
Unemployment Insurance Code, or the Employment Development Department
has made an assessment for such unpaid worker contributions against
the licensee that is final, the Labor Commissioner shall, upon
written notice by the Employment Development Department, refuse to
issue or renew the license of such licensee until such licensee has
fully paid the amount of delinquency for such unpaid worker
contributions.
   The Labor Commissioner shall not, however, refuse to renew the
license of a licensee under this section until the assessment for
unpaid worker contributions is final and unpaid, and the licensee has
exhausted, or failed to seek, his right of administrative review of
such final assessment, pursuant to Chapter 4 (commencing with Section
901) of Part 1 of Division 1 of the Unemployment Insurance Code.

   (b) If any licensee fails to remit the amounts required by Section
227, the Labor Commissioner shall refuse to issue or renew the
license of the licensee until the delinquent amount has been paid in
full. 
  SEC. 5.  Section 1694 of the Labor Code is amended to read:
   1694.  When a licensee has departed from the State  or has
left the jurisdiction in which a violation of this chapter is alleged
to have occurred  with intent to defraud creditors or to avoid
service of summons in any action brought under this chapter, service
shall be made upon the surety as prescribed in the Code of Civil
Procedure. A copy of the summons shall be mailed to the licensee at
the last known post-office address of his residence, as shown by the
records of the Labor Commissioner. Service is complete as to 
such   the  licensee, after mailing, at the
expiration of the time prescribed by the Code of Civil Procedure for
service of summons in the particular court in which suit is brought.
  SEC. 6.  Section 1695 of the Labor Code is amended to read:
   1695.  (a) Every licensee shall do all of the following:
   (1) Carry his or her license and proof of registration issued
pursuant to paragraph (8) with him or her at all times and exhibit
the same to all persons with whom he or she intends to deal in his or
her capacity as a farm labor contractor prior to so dealing.
   (2) File at the United States Post Office serving the address of
the licensee, as noted on the face of his or her license, with the
office of the Labor Commissioner, and with the agricultural
commissioner of the county or counties in which the labor contractor
has contracted with a grower, a correct change of address immediately
upon each occasion the licensee permanently moves his or her
address. The address shall also be the mailing address for purposes
of notice required by the Labor Code or by any other applicable
statute or regulations respecting service by mail.
   (3) Promptly when due, pay or distribute to the individuals
entitled thereto, all moneys or other things of value entrusted to
the licensee by any third person for this purpose.
   (4) Comply on his or her part with the terms and provisions of all
legal and valid agreements and contracts entered into between
licensee in his or her capacity as a farm labor contractor and third
persons.
   (5) Have available for inspection by his or her employees and by
the grower with whom he or she has contracted a written statement in
English and Spanish showing the rate of compensation he or she
receives from the grower and the rate of compensation he or she is
paying to his or her employees for services rendered to, for, or
under the control of the grower.  Upon written request, the
statement shall be provided to a current or former employee or the
grower within 21 calendar days. A licensee who fails to comply with
this paragraph is subject to a civil penalty of seven hundred fifty
dollars ($750) recoverable by the employee or the grower. 
   (6) Take out a policy of insurance with any insurance carrier
authorized to do business in the State of California in an amount
satisfactory to the commissioner, which insures the licensee against
liability for damage to persons or property arising out of the
licensee's operation of, or ownership of, any vehicle or vehicles for
the transportation of individuals in connection with his or her
business, activities, or operations as a farm labor contractor.
   (7) Have displayed prominently at the site where the work is to be
performed and on all vehicles used by the licensee  or his or
her employees or agents  for the transportation of employees the
rate of compensation the licensee is paying to his or her employees
for their services, printed in both English and Spanish and in
lettering of a size to be prescribed by the Department of Industrial
Relations.
   (8) Register annually with the agricultural commissioner of the
county or counties in which the labor contractor has contracted with
a grower.
   (9) Provide information and training on applicable laws and
regulations governing worker safety, including the requirements of
Article 10.5 (commencing with Section 12980) of Chapter 2 of Division
7 of the Food and Agricultural Code,  sexual harassment, 
or regulating the terms and conditions of agricultural employment, to
each crew leader, foreperson, or other employee whose duties include
the supervision, direction, or control of any agricultural worker on
behalf of a licensee, or pursuant to, a contract or agreement for
agricultural services entered into with a licensee. 
   (10) Upon written request, provide to a current or former employee
within 21 calendar days, a copy of any written agreement with the
grower or other farm labor contractor concerning the amount of the
commission or the payment made to the licensee for services under the
contract or agreement. If an oral agreement was made with the grower
or other farm labor contractor concerning the amount of the
commission or other services provided under the agreement, the
licensee shall reduce the elements of the agreement to writing and,
within 21 calendar days of a written request, provide a copy thereof
to a current or former employee. A licensee who fails to comply with
this paragraph is subject to a civil penalty of seven hundred fifty
dollars ($750) recoverable by the employee. 
   (b) The board of supervisors of a county may establish fees to be
charged each licensee for the recovery of the actual costs incurred
by commissioners in the administration of registrations and change of
address and the issuance of proofs of registration.
  SEC. 7.  Section 1695.5 of the Labor Code is amended to read:
   1695.5.  (a) Every farm labor contractor, upon request of any
agricultural grower with whom he or she has a contract to supply
farmworkers, shall immediately furnish the grower with a payroll list
of all the contractor's employees working for the grower.
   (b) The payroll list shall be on a uniform form approved by the
Labor Commissioner, which shall include, but not be limited to, the
employee's name, social security number, permanent and temporary
address, telephone number, and length of employment with the grower.
   (c) The requirements of this section are in addition to any
requirements of federal law, including the federal Migrant and
Seasonal Agricultural Worker Protection Act (Chapter 20 (commencing
with Section 1801), Title 29, United States Code). 
   (d) A current or former employee asserting a failure of the farm
labor contractor to comply with a provision of this code, upon
written request, shall receive within 21 calendar days a complete and
accurate copy of a payroll list of all of the contractor's employees
covering the inclusive dates of his or her employment. A licensee
who fails to comply with this paragraph is subject to a civil penalty
of seven hundred fifty dollars ($750) recoverable by the employee.

  SEC. 8.  Section 1695.55 of the Labor Code is amended to read:
   1695.55.  (a) Every person acting in the capacity of a farm labor
contractor shall provide any grower with whom he or she has
contracted to supply farmworkers a payroll record for each farmworker
providing labor under the contract. The payroll record shall include
a disclosure of the  wages and   net and gross
wages, total  hours  worked   worked, and
total hourly and piece rate earnings  for each farmworker.
   (b) Each grower entering into a contract with a farm labor
contractor shall retain a copy of the payroll record provided by the
contractor for  the duration of the contract.  
a period of three years after the contract has ended. 
  SEC. 9.  Section 1696.2 of the Labor Code is amended to read:
   1696.2.  All vehicles used by a licensee  or his or her
employees or agents  for the transportation of individuals in
his  or her  operations as a farm labor contractor shall
have displayed prominently at the entrance of such vehicle the name
of the farm labor contractor and the number of his  or her 
license as issued by the Labor Commissioner pursuant to this chapter.

  SEC. 10.  Section 1696.5 of the Labor Code is amended to read:
   1696.5.  Every licensee shall, at the time of each payment of
wages, which shall be not less often than once every week as required
by Section 205 of this code, furnish each of the workers employed by
him  or her  either as a detachable part of the check,
draft, or voucher paying the employee's wages, or separately, an
itemized statement in writing  showing   that
complies with the requirements of subdivision (a) of Section 226 and
shows  in detail each  and every  deduction
made from  such   the  wages.
  SEC. 11.  Section 1697 of the Labor Code is amended to read:
   1697.  (a) Any person who violates this chapter, or who causes or
induces another to violate this chapter, is guilty of a misdemeanor
punishable by a fine of not more than one thousand dollars ($1,000),
or imprisonment in the county jail for not more than six months, or
both.
   (b) Any employee aggrieved by any violation of this chapter, other
than acts and conduct also proscribed by Sections 1153, 1154, and
1155, may do all of the following:
   (1) Bring a civil action for injunctive relief or damages, or
both, against a farm labor contractor or unlicensed farm labor
contractor who violates this chapter and, upon prevailing, shall
recover reasonable attorney's  fees.   fees and
costs, including expert witness fees. 
   (2) Enforce the liability on the farm labor contractor's bond.
   (c) Any farm labor contractor who engages in farm labor
contracting activities after his or her license has been 
suspended or revoked   suspended, revoked, or denied
reissuance  is guilty of an offense punishable by a fine of not
less than  one thousand dollars ($1,000) and not more than
five thousand dollars ($5,000),   ten thousand dollars
($10,000),  or by imprisonment for not less than six months and
not more than one year, or both.
  SEC. 12.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.