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AB-364 Foreign labor contractor registration: agricultural workers.(2021-2022)

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Date Published: 02/01/2021 09:00 PM

Revised  May 20, 2021


Assembly Bill
No. 364

Introduced by Assembly Member Rodriguez
(Coauthor: Assembly Member Luz Rivas)(Coauthors: Assembly Members Luz Rivas, Chau, Robert Rivas, Blanca Rubio, and Lorena Gonzalez)
(Coauthor: Senator Hueso)

February 01, 2021

An act to repeal Section 9998 of the Business and Professions Code, relating to foreign labor contractors.


AB 364, as introduced, Rodriguez. Foreign labor contractor registration: agricultural workers.
Existing law requires the Labor Commissioner to enforce and administer a program to register and supervise foreign labor contractors who perform foreign labor contracting activities to recruit or solicit foreign workers. Existing law requires foreign labor contractors to register under the program, as prescribed, and imposes specific requirements relating to recruitment or solicitation for employment and relating to work contracts. Existing law authorizes the commissioner to adopt regulations or policies and procedures to implement these provisions. A violation of these provisions is a crime.
Existing law makes these provisions applicable only to nonagricultural workers, and exempts persons licensed as farm labor contractors, specified persons exempt from farm labor contractor licensing requirements, and employers of agricultural workers.
This bill would delete those limitations. By expanding the application of the foreign labor contractor registration provisions, the bill would expand an existing crime, thereby imposing 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: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


 Section 9998 of the Business and Professions Code is repealed.

This chapter shall apply only to “nonagricultural workers” as defined by Section 1101(a)(15)(H)(ii)(b) of Title 8 of the federal Immigration and Nationality Act. It shall not apply to any person duly licensed as a “farm labor contractor” as that term is defined in Section 1682 of the Labor Code nor shall it apply to any person exempt from the licensing requirement in Section 1682.5 of the Labor Code or to any employer employing agricultural workers as defined by Section 1101(a)(15)(H)(ii)(a) of Title 8 of the federal Immigration and Nationality Act.

SEC. 2.

 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.

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