Z-1036               _______________________________________________

                                                   HOUSE BILL NO. 1772

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State of Washington                              50th Legislature                              1988 Regular Session

By Representatives R. King, Wang and Sayan; by request of Employment Security Department

Read first time 1/25/88 and referred to Committee on Commerce & Labor.

AN ACT Relating to coverage of agricultural labor for unemployment insurance purposes; amending RCW 50.04.150; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 16, chapter 35, Laws of 1945 as last amended by section 2, chapter 292, Laws of 1977 ex. sess. and RCW 50.04.150 are each amended to read as follows:

          The term "employment" shall not include service performed in agricultural labor except as otherwise provided in RCW 50.04.155.

          Agricultural labor is defined as services performed:

          (1) On a farm, in the employ of any person, in connection with the cultivation of the soil, or in connection with raising or harvesting any ((agricultural or horticultural commodity, including raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and furbearing animals and wild life, or in the employ of the owner or tenant or other operator of a farm in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment)) aggregate fruit; or

          (2) In packing, packaging, grading, storing, or delivering to storage, or to market or to a carrier for transportation to market, any ((agricultural or horticultural commodity)) aggregate fruit; but only if such service is performed as an incident to ordinary farming operations.  The exclusions from the term "employment" provided in this paragraph shall not be deemed to be applicable with respect to commercial packing houses, commercial storage establishments, commercial canning, commercial freezing, or any other commercial processing ((or with respect to services performed in connection with the cultivation, raising, harvesting and processing of oysters or raising and harvesting of mushrooms)) or in connection with any ((agricultural or horticultural commodity)) aggregate fruit after its delivery to a terminal market for distribution for consumption.

NEW SECTION. Sec. 2.     If any part of this act is found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act.  The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state.

NEW SECTION. Sec. 3.     This act shall take effect January 1, 1989.