BILL NUMBER: SB 1198	CHAPTERED  10/01/01

	CHAPTER  408
	FILED WITH SECRETARY OF STATE  OCTOBER 1, 2001
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2001
	PASSED THE ASSEMBLY  AUGUST 30, 2001
	PASSED THE SENATE  MAY 29, 2001

INTRODUCED BY   Senator Romero

                        MARCH 19, 2001

   An act to add Section 1161 to the Labor Code, relating to the
agricultural employee relief fund, and making an appropriation
therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1198, Romero.  Agricultural employees.
   Existing law establishes the Agricultural Labor Relations Board to
enforce state agricultural labor laws governing wages, hours, and
related topics.  Existing law permits the board to, under certain
conditions, order employers who violate agricultural labor laws to
pay monetary damages to employees.
   This bill would require the board to collect, on behalf of
employees, all monetary relief the board orders paid by employers who
violate agricultural labor laws.  The bill would require the board
to locate and pay the employees on whose behalf the board has
collected moneys.  The bill would also establish and continuously
appropriate the Agricultural Employee Relief Fund.  The bill would
require that if, after 2 years, the board is unable to locate an
employee on whose behalf the board has collected moneys, the monetary
damages collected on the employee's behalf be deposited in the fund.
  The bill would require the moneys deposited in the fund to be used
to pay aggrieved employees the unpaid balance of any monetary relief
the board has ordered and that the board, after making reasonable
efforts to collect the moneys from the employer, deems impossible to
collect.
   Appropriation:  yes.


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


  SECTION 1.  Section 1161 is added to the Labor Code, to read:
   1161.  (a) The Agricultural Employee Relief Fund is hereby created
as a special fund in the State Treasury and is continuously
appropriated to the Agricultural Labor Relations Board for the
purposes specified in subdivision (c).  The board shall act as a
trustee of all moneys deposited in the fund.
   (b) Any monetary relief ordered by the board pursuant to this part
to be paid by an employer to an employee shall be collected by the
board on behalf of the employee.  All monetary relief so collected by
the board shall be remitted to the employee for whom the board
collected the money.
   (c) (1) Notwithstanding Section 1519 of the Code of Civil
Procedure, if the board has made a diligent effort to locate an
employee on whose behalf the board has collected monetary relief
pursuant to this part, and is unable to locate the employee or the
lawful representative of the employee for a period of two years after
the date the board collected the monetary relief, the board shall
deposit those moneys in the fund.
   (2) Moneys in the fund shall be used by the board to pay employees
the unpaid balance of any monetary relief ordered by the board to be
paid by an employer to an employee.  Prior to making any payment
from the fund, the board first shall make a finding that, in an
individual case, the collection of the full amount of the monetary
relief ordered is not possible after reasonable efforts have been
made to collect the balance from the employer.
   (d) As used in this section, "fund" means the Agricultural
Employee Relief Fund.
   (e) Not later than July 1, 2002, the board shall report to the
Legislature on the status of the fund.