71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2222
 
LC 549/HB 2222-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2222
 
            By COMMITTEE ON AGRICULTURE AND FORESTRY
 
                             April 2
 
  On page 1 of the printed bill, line 2, before the period insert
'and 658.419; and declaring an emergency'.
  In line 28, restore the bracketed material and after ' State'
insert 'and designated by the Internal Revenue Service as exempt
under section 501(c)(3) of the Internal Revenue Code'.
  Delete line 30.
  On page 2, delete line 1.
  After line 4, insert:
  ' (A)(i) The purpose of the corporation is to provide education
or training; and
  ' (ii) Workers recruited, solicited, supplied or employed by
the corporation are recruited, solicited, supplied or employed
only for the purpose of educating or training the workers in the
forestation or reforestation of lands or in the production or
harvesting of farm products; or
  ' (B) For at least five years before the corporation files an
application for a farm labor contractor license, the corporation
has been:
  ' (i) Authorized to do business in Oregon by the Office of
Secretary of State;
  ' (ii) Primarily engaged in recruiting, soliciting, supplying
or employing workers; and
  ' (iii) Designated by the Internal Revenue Service as exempt
under section 501(c)(3) of the Internal Revenue Code.'.
  After line 14, insert:
  '  { +  SECTION 2. + } ORS 658.419 is amended to read:
  ' 658.419. (1) Notwithstanding the provisions of ORS 658.415
(3), (4), (8), (9) and (16), an agricultural association  { + or
a private nonprofit corporation described in ORS 658.410
(2)(f)(B) + } shall submit with the application for a license to
act as a farm labor contractor and shall continually maintain
thereafter, until excused, a corporate surety bond of a company
licensed to do such business in Oregon, a cash deposit or a
deposit the equivalent of cash, in a form approved by and payable
to the Commissioner of the Bureau of Labor and Industries, in the
amount of $30,000.
  ' (2) Any person who suffers any loss of wages from the
employer of the person or any other loss due to activities of the
agricultural association  { + or the private nonprofit
corporation + } as a farm labor contractor shall have a right of
action against the surety upon the bond or against the deposit
with the commissioner.  The right of action is assignable and may
not be included in any action against the agricultural
association  { + or the private nonprofit corporation + } but
shall be exercised independently after first procuring adequate
proof of liability as provided by the commissioner by rule.
  ' (3) The surety company or the commissioner shall make prompt
and periodic payments on the agricultural association's  { + or
the private nonprofit corporation's + } liability up to the
 
extent of the total sum of the bond or deposit. Payments shall be
made in the following manner:
  ' (a) Payment based upon priority of wage claims over other
liabilities;
  ' (b) Payment in full of all sums due to each person who
presents adequate proof of the claim; and
  ' (c) If there are insufficient funds to pay in full the person
next entitled to payment in full, payment in part to the person.
  '  { +  SECTION 3. + }  { + This 2001 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2001 Act
takes effect on its passage. + } ' .
                         ----------