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H0071aaS............................................by AGRICULTURAL AFFAIRS
AGRICULTURAL LABOR - MINIMUM WAGE - Amends existing law to define
"agriculture"; to provide for the application of the minimum wage law to
agricultural labor; and to provide exemptions from the minimum wage law.
01/19 House intro - 1st rdg - to printing
01/22 Rpt prt - to Agric Aff
01/31 Rpt out - rec d/p - to 2nd rdg
02/01 2nd rdg - to 3rd rdg
02/06 3rd rdg - PASSED - 49-20-1
AYES -- Barraclough, Bedke, Bell, Black, Bolz, Bradford, Callister,
Campbell, Clark, Collins, Crow, Deal, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Higgins, Hornbeck, Jones,
Kellogg, Kendell, Kunz, Lake, Mader, Marley, Meyer, Montgomery,
Mortensen, Moss, Moyle, Pischner, Pomeroy, Raybould, Ridinger,
Roberts, Sali, Schaefer, Sellman, Smith, Smylie, Stevenson, Stone,
Swan, Tilman, Wheeler, Mr. Speaker
NAYS -- Barrett, Bieter, Boe, Bruneel, Chase, Cuddy, Denney, Ellis,
Harwood, Henbest, Jaquet, Langford, Loertscher, McKague, Pearce,
Robison, Shepherd, Trail, Wood, Young
Absent and excused -- Marley
Floor Sponsor -- Jones
Title apvd - to Senate
02/07 Senate intro - 1st rdg - to Com/HuRes
02/28 Rpt out - to 14th Ord
03/01 Rpt out amen - to 1st rdg as amen
03/02 1st rdg - to 2nd rdg as amen
03/05 2nd rdg - to 3rd rdg as amen
03/06 3rd rdg as amen - PASSED - 28-7-0
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Cameron, Danielson, Darrington, Davis, Dunklin, Frasure, Goedde,
Ingram, Ipsen, Keough, Lodge, Noh, Risch, Sandy, Schroeder, Sims,
Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- Burtenshaw, Deide, Geddes, Hawkins, King-Barrutia, Lee,
Richardson
Absent and excused -- None
Floor Sponsors -- Davis & Stegner
Title apvd - to House
03/07 House concurred in Senate amens - to engros
03/08 Rpt engros - 1st rdg - to 2nd rdg as amen
03/09 2nd rdg - to 3rd rdg as amen
03/12 3rd rdg as amen - PASSED - 41-28-1
AYES -- Barraclough, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford,
Callister, Chase, Collins, Crow, Cuddy, Deal, Ellsworth, Gould,
Hadley, Henbest, Jaquet, Jones, Kellogg, Kunz, Marley, Montgomery,
Moss, Moyle, Pischner, Pomeroy, Ridinger, Robison, Sellman, Shepherd,
Smith, Smylie, Stevenson, Stone, Swan(Block), Tilman, Trail, Young,
Mr. Speaker
NAYS -- Barrett, Bruneel, Campbell, Clark, Denney, Ellis, Eskridge,
Field(20), Gagner, Hammond, Harwood, Higgins, Hornbeck, Kendell,
Lake, Langford, Loertscher, Mader, McKague, Meyer, Mortensen, Pearce,
Raybould, Roberts, Sali, Schaefer, Wheeler, Wood
Absent and excused -- Field(13)
Floor Sponsor -- Jones
Title apvd - to Senate
03/13 Rpt enrol - Sp signed
03/14 Pres signed
03/15 To Governor
03/21 Governor signed
Session Law Chapter 70
Effective: 01/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 71
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO MINIMUM WAGE LAW; AMENDING SECTION 44-1503, IDAHO CODE, TO DEFINE
3 "AGRICULTURE" AND "MAN-DAY" AND TO MAKE A TECHNICAL CORRECTION; AMENDING
4 SECTION 44-1504, IDAHO CODE, TO PROVIDE FOR THE APPLICATION OF MINIMUM
5 WAGE LAW TO AGRICULTURAL LABOR AND TO PROVIDE EXEMPTIONS FROM MINIMUM WAGE
6 LAW; AND PROVIDING AN EFFECTIVE DATE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 44-1503, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 44-1503. DEFINITIONS. "Agriculture" includes farming in all its branches
11 and, among other things, includes the cultivation and tillage of the soil;
12 dairying; the production, cultivation, growing and harvesting of any agricul-
13 tural or horticultural commodities, including crude gum from a living tree and
14 gum spirits of turpentine and gum rosin as processed by the original producer
15 of the crude gum from which derived; the raising of livestock, bees, fur-bear-
16 ing animals or poultry; and any practices, including any forestry or lumbering
17 operations, performed by a farmer or on a farm as an incident to or in con-
18 junction with such farming operation, including preparation for market, deliv-
19 ery to storage or to market or to carriers for transportation to market.
20 "Wages" paid to any employee includes compensation paid to such employee
21 in the form of legal tender of the United States, checks on banks convertible
22 into cash on demand, and also includes the reasonable cost as determined by
23 the employment security agency to the employer of furnishing such employee
24 with board, lodging or other facilities if such board, lodging or other facil-
25 ities are customarily furnished by such employer to his employee and used by
26 employees, and commissions of every kind, and tips or gratuities as provided
27 by section 44-1502, Idaho Code.
28 "Employ" includes to suffer or permit to work. "Employee" includes any
29 individual employed by an employer. "Employer" includes any person employing
30 an employee or acting directly or indirectly in the interest of an employer in
31 relation to an employee but shall not include the United States or any state
32 or political subdivision of a state, or any labor organization (other than
33 when acting as an employer) or any one anyone acting in the capacity of offi-
34 cer or agent of such labor organization.
35 "Man-day" means any day during which an employee performs any agricultural
36 labor for not less than one (1) hour.
37 "Person" means any individual, partnership, association, corporation,
38 business, trust, legal representative, or any organized group of persons.
39 "Tipped employee" means any employee engaged in an occupation in which he
40 customarily and regularly receives more than thirty dollars ($30.00) a month
41 in tips.
42 SECTION 2. That Section 44-1504, Idaho Code, be, and the same is hereby
2
1 amended to read as follows:
2 44-1504. EMPLOYEES EXCEPTED FROM PROVISIONS OF ACT. The provisions of
3 this act shall not apply to:
4 (1) Aany employee employed in a bona fide executive, administrative, or
5 professional capacity;, to agricultural labor as that term is defined in sec-
6 tion 72-1304, Idaho Code, to or
7 (2) Aanyone engaged in domestic service;, to or
8 (3) Aany individual employed as an outside salesman;, to or
9 (4) Sseasonal employees of a nonprofit camping program,; or to
10 (5) Aany child under the age of sixteen (16) years working part time or
11 at odd jobs not exceeding a total of four (4) hours per day with any one (1)
12 employer; or
13 (6) Any individual employed in agriculture if:
14 (a) Such employee is employed by an employer who did not, during any cal-
15 endar quarter during the preceding calendar year, use more than five hun-
16 dred (500) man-days of agricultural labor; or
17 (b) Such employee is the parent, spouse, child or other member of his
18 employer's immediate family; or
19 (c) Such employee is older than sixteen (16) years of age and:
20 (i) Is employed as a hand harvest laborer and is paid on a piece-
21 rate basis in an operation which has been, and is customarily and
22 generally recognized as having been, paid on a piece-rate basis in
23 the region of employment, and
24 (ii) Commutes daily from his permanent residence to the farm on
25 which he is so employed, and
26 (iii) Has been employed in agriculture less than thirteen (13) weeks
27 during the preceding calendar year; or
28 (d) Such employee is sixteen (16) years of age or under and:
29 (i) Is employed as a hand harvest laborer, is paid on a piece-rate
30 basis in an operation which has been, and is customarily and gener-
31 ally recognized as having been, paid on a piece-rate basis in the
32 region of employment, and
33 (ii) Is employed on the same farm as his parent or person standing
34 in the place of his parent, and
35 (iii) Is paid at the same piece-rate basis as employees over the age
36 of sixteen (16) years are paid on the same farm; or
37 (e) Such employee is principally engaged in the range production of live-
38 stock; or
39 (7) Any individual employed in the catching, taking, propagating, har-
40 vesting, cultivating or farming of any kind of fish, shellfish, crustacean,
41 sponge, seaweed or other aquatic forms of animal and vegetable life, or in the
42 first processing, canning or packing such marine products at sea as an inci-
43 dent to, or in conjunction with, such fishing operations, including the going
44 to and returning from work and loading and unloading when performed by any
45 such employee.
46 SECTION 3. This act shall be in full force and effect on and after Janu-
47 ary 1, 2002.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Davis
Seconded by Stegner
IN THE SENATE
SENATE AMENDMENTS TO H.B. NO. 71
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, delete lines 35 and 36.
3 AMENDMENTS TO SECTION 2
4 On page 2, delete lines 14 through 16; in line 17, delete "(b)" and
5 insert: "(a)"; in line 19, delete "(c)" and insert: "(b)"; in line 20, delete
6 "hand"; in line 28, delete "(d)" and insert: "(c)"; in line 29, delete "hand";
7 in line 37, delete "(e)" and insert: "(d)"; in line 38, delete "; or" and
8 insert: "."; and delete lines 39 through 45.
9 CORRECTION TO TITLE
10 On page 1, in line 3, delete "AND "MAN-DAY"".
Moved by Stegner
Seconded by Andreason
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 71
11 AMENDMENT TO SECTION 1
12 On page 1 of the printed bill, in line 13, following "tural" insert: ",
13 aquacultural"; also in line 13, delete ", including crude gum from a living
14 tree and"; delete line 14; and in line 15, delete "of the crude gum from which
15 derived".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 71, As Amended in the Senate
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO MINIMUM WAGE LAW; AMENDING SECTION 44-1503, IDAHO CODE, TO DEFINE
3 "AGRICULTURE" AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION
4 44-1504, IDAHO CODE, TO PROVIDE FOR THE APPLICATION OF MINIMUM WAGE LAW TO
5 AGRICULTURAL LABOR AND TO PROVIDE EXEMPTIONS FROM MINIMUM WAGE LAW; AND
6 PROVIDING AN EFFECTIVE DATE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 44-1503, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 44-1503. DEFINITIONS. "Agriculture" includes farming in all its branches
11 and, among other things, includes the cultivation and tillage of the soil;
12 dairying; the production, cultivation, growing and harvesting of any agricul-
13 tural, aquacultural or horticultural commodities; the raising of livestock,
14 bees, fur-bearing animals or poultry; and any practices, including any for-
15 estry or lumbering operations, performed by a farmer or on a farm as an inci-
16 dent to or in conjunction with such farming operation, including preparation
17 for market, delivery to storage or to market or to carriers for transportation
18 to market.
19 "Wages" paid to any employee includes compensation paid to such employee
20 in the form of legal tender of the United States, checks on banks convertible
21 into cash on demand, and also includes the reasonable cost as determined by
22 the employment security agency to the employer of furnishing such employee
23 with board, lodging or other facilities if such board, lodging or other facil-
24 ities are customarily furnished by such employer to his employee and used by
25 employees, and commissions of every kind, and tips or gratuities as provided
26 by section 44-1502, Idaho Code.
27 "Employ" includes to suffer or permit to work. "Employee" includes any
28 individual employed by an employer. "Employer" includes any person employing
29 an employee or acting directly or indirectly in the interest of an employer in
30 relation to an employee but shall not include the United States or any state
31 or political subdivision of a state, or any labor organization (other than
32 when acting as an employer) or any one anyone acting in the capacity of offi-
33 cer or agent of such labor organization.
34 "Person" means any individual, partnership, association, corporation,
35 business, trust, legal representative, or any organized group of persons.
36 "Tipped employee" means any employee engaged in an occupation in which he
37 customarily and regularly receives more than thirty dollars ($30.00) a month
38 in tips.
39 SECTION 2. That Section 44-1504, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 44-1504. EMPLOYEES EXCEPTED FROM PROVISIONS OF ACT. The provisions of
2
1 this act shall not apply to:
2 (1) Aany employee employed in a bona fide executive, administrative, or
3 professional capacity;, to agricultural labor as that term is defined in sec-
4 tion 72-1304, Idaho Code, to or
5 (2) Aanyone engaged in domestic service;, to or
6 (3) Aany individual employed as an outside salesman;, to or
7 (4) Sseasonal employees of a nonprofit camping program,; or to
8 (5) Aany child under the age of sixteen (16) years working part time or
9 at odd jobs not exceeding a total of four (4) hours per day with any one (1)
10 employer; or
11 (6) Any individual employed in agriculture if:
12 (a) Such employee is the parent, spouse, child or other member of his
13 employer's immediate family; or
14 (b) Such employee is older than sixteen (16) years of age and:
15 (i) Is employed as a harvest laborer and is paid on a piece-rate
16 basis in an operation which has been, and is customarily and gener-
17 ally recognized as having been, paid on a piece-rate basis in the
18 region of employment, and
19 (ii) Commutes daily from his permanent residence to the farm on
20 which he is so employed, and
21 (iii) Has been employed in agriculture less than thirteen (13) weeks
22 during the preceding calendar year; or
23 (c) Such employee is sixteen (16) years of age or under and:
24 (i) Is employed as a harvest laborer, is paid on a piece-rate basis
25 in an operation which has been, and is customarily and generally rec-
26 ognized as having been, paid on a piece-rate basis in the region of
27 employment, and
28 (ii) Is employed on the same farm as his parent or person standing
29 in the place of his parent, and
30 (iii) Is paid at the same piece-rate basis as employees over the age
31 of sixteen (16) years are paid on the same farm; or
32 (d) Such employee is principally engaged in the range production of live-
33 stock.
34 SECTION 3. This act shall be in full force and effect on and after Janu-
35 ary 1, 2002.
STATEMENT OF PURPOSE
RS10457C1
Current state minimum wage law does not apply to agricultural
labor. This legislation repeals that exemption and provides for
application of the state s minimum wage law in the same manner as
provided by federal minimum wage law. For additional
clarification, definitions for "agriculture" and "man-day" are
added to state law. The effective date for this proposal is
January 1, 2002.
FISCAL IMPACT
The state Department of Labor estimates it will need three FTE to
cover the additional duties and costs associated with education
seminars on labor law, wage dispute resolutions, enforcement of
law and administration of the wage claims process. The fiscal
impact of this legislation is expected to be $131,400 per year.
This amount has already been included in the Department of Labor
budget request in the Governor s budget.
Contact
Name: Representative Doug Jones
Phone: 208 332 1137
STATEMENT OF PURPOSE/FISCAL NOTE H71