Activities of the Legislature affecting farmers and ranchers in Washington state

Legisletter Home

February 16, 2007

In This Issue

• House Ag Committee Passes Right-to-Farm Bill

• Farm Bureau Works for Relief for Ag Employers

• "Health Care Fairness Act" Not So Fair to Employers

• Pumps Primed for Water Reform

• Farm Bureau Members Fight for Firefighting Rights

• McMorris Rodgers Holds Farm Bill Listening Sessions

• Bills of Interest

• Subscription Information

• Information Resources

House Ag Committee Passes Right-to-Farm Bill

On Feb. 14, the House Agriculture and Natural Resources Committee approved a right-to-farm bill intended to strengthen the law protecting farms from nuisance complaints. 

Last fall, the state Supreme Court ruled in favor of an attorney who sued after his neighbor changed from growing apples to cherries. The attorney built his home next to the apple orchard, which he found attractive. He did not like the cherry orchard.

Views of farmland are attractive to new neighbors, but sometimes the new neighbors begin complaining about noise, odors, slow farm vehicles, lights, and other aspects of farms that they did not consider when they moved into the farm area.

The right-to-farm law is intended to inform people of these aspects of farming before they move next to a farm and to clarify that customary farm practices are not considered to be nuisances.

HB 1648 is sponsored by Rep. Brian Sullivan (D-Mukilteo), who is also the chair of the committee that heard testimony on the bill. SB 5076, sponsored by Sen. Jim Honeyford (R-Sunnyside), has been heard in the Senate Agriculture Committee and awaits a vote. Farm Bureau strongly supports both bills.

The Valentine’s Day greetings from Chairman Sullivan were too much for Farm Bureau Local Affairs Director Dan Wood to resist. After presenting background and testimony on the bill, Wood concluded his testimony with a Valentine’s poem:

Roses -- and some cherries -- are red.
Blueberries are blue.
Farmers are harassed by lawyers who sue.
We have seen that farming sometimes stops
When neighbors complain about changing of crops.
The Supreme Court ruling has rung the alarm.
It’s time to strengthen our right to farm.
I apologize for this poetic mess.
I won’t be Lynn Kessler’s poet laureate, I guess.

Rep. Lynn Kessler (D-Hoquiam) has sponsored legislation creating a state poet laureate. Farm Bureau has not taken a position on that legislation.

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Farm Bureau Works for Relief for Ag Employers

This week Farm Bureau worked with legislators to move forward two bills that could provide some small relief for agricultural employers.

SB 5723, the Community Agricultural Vocational Institute, sponsored by Sen. Marilyn Rasmussen (D-Eatonville), would provide $250,000 per year to the state Department of Agriculture to contract with a provider for farmworker training that would be free to the worker. The training would include a CDL class, pesticide safety, tractor safety, and vocational English speaking and reading. The bill passed the Senate Agriculture Committee unanimously and is scheduled for a hearing in the Senate Ways and Means Committee on Monday, Feb. 19.

SB 2082, the Field of Dreams Tuition Assistance Program, sponsored by Rep. Bruce Chandler (R-Granger), would create a scholarship fund for teens who work for farmers and ranchers. Students would earn ten Guaranteed Education Tuition (GET) vouchers for every 250 hours they work in agriculture. These credits could be used for tuition at a broad range of public and private colleges. Several agricultural associations supported the measure at a hearing this week, and the bill is scheduled to be moved out of committee on Wednesday, Feb. 21.

In the workers’ comp arena, the week was dominated by hearings and meetings concerning the vocational rehabilitation bills -- HB 2073, sponsored by Rep. Steve Conway (D-Tacoma), and SB 5920, sponsored by Sen. Jeanne Kohl-Welles (D-Seattle). This legislation, requested by the governor, would create a five-year system-wide pilot project to assist workers’ in training for a new job if they were injured and unable to find suitable work. This bill would dramatically increase the vocational rehabilitation benefits to workers, but it is unclear whether the increased cost would be offset by earlier claim closures. Farm Bureau testified in opposition to the bill and is working to insert meaningful vocational training for agriculture and realistic performance measures. Without these, we will urge lawmakers to vote against the bill. 

Finally, hearings are scheduled next Tuesday night, Feb. 20, for two bills that are opposed by agricultural employers in their current state. HB 1920, sponsored by Rep. Steve Conway (D-Tacoma), would remove the agricultural exemption that currently exists for overtime pay in certain agricultural operations. HB 2106, the farm labor contractor bill sponsored by Rep. Phyllis Kenney (D-Seattle), would make it harder for growers to use the federal H2A program. Farm Bureau is working with legislators to make these bills acceptable to our members. 

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"Health Care Fairness Act" Not So Fair to Employers

Large employers would be required to reimburse the state for health care costs of employees enrolled in the state’s Basic Health Plan or Medicaid programs under “Health Care Fairness Act” bills proposed by the chairs of the House and Senate labor and commerce committees.

HB 2094 and SB 5977, sponsored by Rep. Steve Conway (D-Tacoma) and Sen. Jeanne Kohl-Welles (D-Seattle) respectively, were both heard on Tuesday.

Farm Bureau joined other members of the business community in testifying against both bills.

Given the seasonal nature of farm work, it is not surprising that many agricultural employers ranked near the top of Washington firms whose employees participate in the state-subsidized Basic Health Plan (BHP) or receive some health insurance benefits through other state programs.

In fact, as Farm Bureau testified, the BHP was specifically established as a way to provide affordable health insurance coverage for seasonal, temporary, and part-time workers -- especially those workers who would not otherwise have access to health insurance. Our members' use of the program is an indication that the BHP is working as intended. 

Farm Bureau also pointed out that we are working with state agencies to address chronic labor shortages in the agricultural sector. As a result, we expect more people receiving some sort of state assistance to become employed in our industry. Agricultural employers should not be penalized for hiring these workers by being forced to pay the state for health benefits it is already providing.

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Pumps Primed for Water Reform

On Monday and Thursday of this week, the House Agriculture and Natural Resources Committee heard several water bills -- two of which would modify the current relinquishment statute. 

HB 1985, sponsored by Rep. Judy Warnick (R-Moses Lake), modifies the definition of "crop rotation" from temporary change in crops grown to temporary or long-term change in crops grown. The change would enable irrigators to focus on growing the right crops to make money and remain viable, rather than ensuring that they grow the right crop to ensure the full use of a water right at least once every five years. This is especially important to those who have invested in tree fruit or grapes that may need less water but may wish to change back to annual crops that require more water.

HB 1938, sponsored by Rep. Steve Hailey (R-Mesa), would eliminate the partial relinquishment of a water right. This measure would allow water right users to manage their water use to ensure the most appropriate and cost-effective quantity of water without the fear of relinquishing the unused portion of the right. This method frees irrigators to focus on growing food and fiber to feed the world, not on micromanaging water use to avoid losing a critical component of viability. 

Farm Bureau supports both measures.

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McMorris Rodgers Holds Farm Bill Listening Sessions

Washington D.C. -- Congresswoman Cathy McMorris Rodgers announced today that she will be holding a series of agriculture listening sessions throughout Eastern Washington to discuss the upcoming Farm Bill. 

"There are several programs in the Farm Bill that will impact Eastern Washington agriculture," said McMorris Rodgers. "The Farm Bill will be important to protect the budget baseline and farm programs such as loan deficiency payments and direct payments. It will also address the conservation security programs, conservation reserve program, crop insurance, and energy incentives. Throughout the process, I will work closely with our farmers and ranchers to ensure that programs important to Eastern Washington are crafted to meet our needs."

Time and Locations:

Walla Walla
February 22nd; 9:30 am
Walla Walla Airport Conference Room
310 A St.

Ritzville
February 22nd; 4:30 pm
Circle T Restaurant
214 W. Main

Colfax
February 23rd; 8:30 am
Colfax Public Service Building
310 N. Main

Spangle
February 23rd; 11:30 am
Harvester Restaurant
410 W. 1st St.

Springdale
February 26th; 9:00 am
Camas Valley Grange
214 N. Main

Davenport
February 26th; 1:00 pm
Lincoln County Court House,
Commissioners Meeting Room
450 Logan St. 

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Bills of Interest

The following is a list the bills we are currently tracking.

• In the Bill column, E = Engrossed (i.e., amendments have been adopted), S (preceding HB or SB) = Substitute bill, HB = House Bill, SB = Senate Bill, JM = Joint Memorial, JR = Joint Resolution.

• In the Position column, S = Support, M = Monitor, N = Neutral, C = Concerns, O = Oppose.

• In the Priority column, H = High.  

• In the Lobbyist column, C = Patrick Connor, F = Dan Fazio, S = John Stuhlmiller, W = Dan Wood.

• Bold indicates a priority bill. 

Health Care  

Labor and Employment  

Land Use  

Other  

Taxes and Budget