1998 Legislation
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SENATE BILL NO. 1370 – Agricultural labor, defined


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Daily Data Tracking History

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
         Effective: 03/18/98

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                                      IN THE SENATE

                                   SENATE BILL NO. 1370


 1                                        AN ACT

 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 / Fiscal Impact


                           Statement of Purpose
                                 RS 07594
    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.
                                Fiscal Note
    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