Print Friendly SENATE BILL NO. 1370 – Agricultural labor, defined
SENATE BILL NO. 1370
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S1370.......................................by COMMERCE AND HUMAN RESOURCES
AGRICULTURAL LABOR - Amends existing law to revise the definition of
agricultural labor for worker's compensation purposes to conform to federal
amendments to the Fair Labor Standards Act.
01/30 Senate intro - 1st rdg - to printing
02/02 Rpt prt - to Com/HuRes
02/13 Rpt out - rec d/p - to 2nd rdg
02/16 2nd rdg - to 3rd rdg
02/20 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Wheeler, Whitworth
Absent and excused--Twiggs
Floor Sponsor - Burtenshaw
Title apvd - to House
02/23 House intro - 1st rdg - to HuRes
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 67-0-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet,
Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
Kunz, Lake, Linford, Mader, Marley, McKague, Meyer, Miller,
Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor,
Tilman, Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Crow, Jones(9), Loertscher
Floor Sponsor - Richman
Title apvd - to Senate
03/13 To enrol
03/16 Rpt enrol - Pres signed
03/16 Sp signed
03/17 To Governor
03/18 Governor signed
Session Law Chapter 83
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN THE SENATE
SENATE BILL NO. 1370
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO AGRICULTURAL LABOR; AMENDING SECTION 72-1304, IDAHO CODE, TO
3 REVISE THE DEFINITION OF AGRICULTURAL LABOR TO CONFORM TO FEDERAL AMEND-
4 MENTS TO THE FAIR LABOR STANDARDS ACT; AND DECLARING AN EMERGENCY.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 72-1304, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 72-1304. AGRICULTURAL LABOR. (a) The term "agricultural labor" includes
9 all services performed:
10 (1) On a farm, in the employ of any person in connection with cultivating
11 the soil, or in connection with raising or harvesting any agricultural,
12 aquacultural or horticultural commodities, including the raising, shear-
13 ing, feeding, caring for, training, and management of livestock, bees,
14 fish, poultry, and fur-bearing animals and wildlife.
15 (2) In the employ of the owner or tenant or other operator of a farm in
16 connection with the operation, management, conservation, improvement, or
17 maintenance of such farm and its tools and equipment, or in salvaging tim-
18 ber or clearing land of brush and other debris left by a hurricane if the
19 major part of such service is performed on a farm.
20 (3) In connection with the operation or maintenance of ditches, canals,
21 reservoirs, or waterways not owned or operated for profit and used exclu-
22 sively for supplying and storing water , for farming
23 purposes at least ninety percent (90%) of which was ulti-
24 mately delivered for agricultural purposes during the preceding calendar
25 year .
26 (4) In handling, planting, drying, packing, packaging, eviscerating,
27 processing, freezing, grading, storing, or delivering to storage or to
28 market or to a carrier for transportation to market in its unmanufactured
29 state any agricultural, aquacultural or horticultural commodities, but
30 only if such operator in both the current and preceding calendar year pro-
31 duced more than one-half (1/2) of the commodities with respect to which
32 such service is performed.
33 (5) In the employ of a group of farm operators (or a cooperative organi-
34 zation of such operators) in the performance of service described in sub-
35 section (a)(4), but only if such operators in both the current and preced-
36 ing calendar year produced more than one-half (1/2) of the commodities
37 with respect to which such service is performed. The term "in the employ
38 of a group of farm operators" shall include any group of farmers, orga-
39 nized or unorganized, who as a group produced more than one-half (1/2) of
40 the crop for which the services are being performed.
41 (6) The provisions in subsection (a)(4) and (a)(5) shall not be deemed to
42 be applicable with respect to service performed in connection with commer-
43 cial canning, freezing, or dehydrating, or in connection with any agricul-
1 tural, aquacultural or horticultural commodity after its delivery to a
2 terminal market for distribution for consumption.
3 (b) As used in subsection (a), the term "farm" includes stock, dairy,
4 fish, poultry, fruit, fur-bearing animal and truck farms, plantations,
5 ranches, nurseries, hatcheries, ranges, greenhouses or other similar struc-
6 tures used primarily for the raising of agricultural, aquacultural or horti-
7 cultural commodities, and orchards.
8 (c) For purposes of subsection (a), the term "unmanufactured state" means
9 retention of its original form and substance.
10 (d) For purposes of subsection (a), the term "terminal market" means a
11 place of business to which products are shipped in a sorted, graded, packaged
12 condition, ready for immediate sale.
13 SECTION 2. An emergency existing therefor, which emergency is hereby
14 declared to exist, this act shall be in full force and effect on and after its
15 passage and approval.
Statement of Purpose
Amends Idaho 72- l 304, to revise the definition of agricultural labor to conform to federal
amendments to the federal "Fair Labor Standards Act".
This legislation provides for an exemption from the maximum hour requirements of the "Fair Labor
Standards Act" if a nonprofit organization delivers at least 90% of its water for agricultural purposes.
There is no affect on the state general fund. There is a positive impact for nonprofit organizations
because they will not have to lay off employees at the end of the irrigation season.
Contact: Sherl Chapman/Lynn Tominaga
Idaho Water Users Association
Statement of Purpose/Fiscal note