ESHB 2352 -
By Committee on Ways & Means
ADOPTED 04/06/2007
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 82.04 RCW
to read as follows:
(1) This chapter does not apply to any:
(a) Person performing custom farming services for a farmer, when
the person performing the custom farming services is: (i) An eligible
farmer; or (ii) at least fifty percent owned by an eligible farmer; or
(b) Person performing farm management services, contract labor
services, services provided with respect to animals that are
agricultural products, or any combination of these services, for a
farmer or for a person performing custom farming services, when the
person performing the farm management services, contract labor
services, services with respect to animals, or any combination of these
services, and the farmer or person performing custom farming services
are related.
(2) The definitions in this subsection apply throughout this
section.
(a) "Custom farming services" means the performance of specific
farming operations through the use of any farm machinery or equipment,
farm implement, or draft animal, together with an operator, when: (i)
The specific farming operation consists of activities directly related
to the growing, raising, or producing of any agricultural product to be
sold or consumed by a farmer; and (ii) the performance of the specific
farming operation is for, and under a contract with, or the direction
or supervision of, a farmer. "Custom farming services" does not
include the custom application of fertilizers, chemicals, or
biologicals.
For the purposes of this subsection (2)(a), "specific farming
operation" includes specific planting, cultivating, or harvesting
activities, or similar specific farming operations. The term does not
include veterinary services as defined in RCW 18.92.010; farrier,
boarding, training, or appraisal services; artificial insemination or
stud services, agricultural consulting services; packing or processing
of agricultural products; or pumping or other waste disposal services.
(b) "Eligible farmer" means a person who is eligible for an
exemption certificate under RCW 82.08.855 at the time that the custom
farming services are rendered, regardless of whether the person has
applied for an exemption certificate under RCW 82.08.855.
(c) "Farm management services" means the consultative decisions
made for the operations of the farm including, but not limited to,
determining which crops to plant, the choice and timing of application
of fertilizers and chemicals, the horticultural practices to apply, the
marketing of crops and livestock, and the care and feeding of animals.
(d) "Related" means having any of the relationships specifically
described in section 267(b) (1), (2), and (4) through (13) of the
internal revenue code, as amended or renumbered as of January 1, 2007.
NEW SECTION. Sec. 2 A new section is added to chapter 82.16 RCW
to read as follows:
(1) This chapter shall not apply to any person hauling agricultural
products or farm machinery or equipment for a farmer or for a person
performing custom farming services, when the person providing the
hauling and the farmer or person performing custom farming services are
related.
(2) The exemption provided by this section shall not apply to the
hauling of any substances or articles manufactured from agricultural
products. For the purposes of this subsection, "manufactured" has the
same meaning as "to manufacture" in RCW 82.04.120.
(3) The definitions in RCW 82.04.213 and section 1 of this act
apply to this section.
NEW SECTION. Sec. 3 This act takes effect August 1, 2007.
NEW SECTION. Sec. 4 This act expires December 31, 2020."
ESHB 2352 -
By Committee on Ways & Means
ADOPTED 04/06/2007
On page 1, line 2 of the title, after "services;" strike the remainder of the title and insert "adding a new section to chapter 82.04 RCW; adding a new section to chapter 82.16 RCW; providing an effective date; and providing an expiration date."
EFFECT: Makes a technical correction to the striker adopted by the Agricultural and Rural Economic Development Committee. That amendment removed the 50 mile requirement for custom farming and added a definition of "eligible farmer." Deletes subsection (3) from the definition of "related" in the internal revenue code section 267(b).