Amendments for SB25-128
Senate Journal, February 28
After consideration on the merits, the Committee recommends that SB25-128 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 3, lines 25 and 26, strike "repeal (1)(b) and (1)(c) as
follows:" and substitute "amend (1)(a), (1)(b), and (1)(c) as follows:".
Page 3, strike line 27.
Page 4, strike lines 1 through 16 and substitute:
"8-13.5-202. Agricultural workers - right of access to key service
providers - rules - definition. (1) (a) An employer shall not interfere with an
agricultural worker's reasonable access to visitors at the agricultural worker's
employer-provided housing, INCLUDING HOUSING USED BY RANGE WORKERS ON
THE OPEN RANGE, during any time when the agricultural worker is present at
such housing.
(b) (I) An employer shall not interfere with an agricultural worker's
reasonable access to key service providers at any location OTHER THAN THE
EMPLOYER'S PROPERTY during any time in which the agricultural worker is not
performing compensable work or during paid or unpaid rest and meal breaks.
and with respect to health-care providers during any time, whether or not the
agricultural worker is working.
(II) AS USED IN THIS SECTION, "EMPLOYER'S PROPERTY" MEANS
PROPERTY IN WHICH THE EMPLOYER HOLDS AN OWNERSHIP OR POSSESSORY
INTEREST OR A RIGHT TO EXCLUDE.
(c) (I) To ensure that agricultural workers have meaningful access to
services, the director of the division shall promulgate MAY ADOPT rules
regarding additional times during which an employer may not interfere with an
agricultural worker's reasonable access to key service providers AT ANY
LOCATION OTHER THAN THE EMPLOYER'S PROPERTY, including periods during
which the agricultural worker is performing compensable work, especially
during periods when the agricultural worker is required to work in excess of
forty hours per week and may have difficulty accessing such services outside
of work hours. The rules must be proposed on or before October 31, 2021, and
adopted on or before January 31, 2022.
(II) THE DIVISION SHALL NOT ADOPT RULES THAT INFRINGE UPON AN
EMPLOYER'S PRIVATE PROPERTY RIGHTS BY APPROPRIATING A RIGHT OF ACCESS
TO THE EMPLOYER'S PRIVATE PROPERTY, OTHER THAN THOSE LOCATIONS ON A
EMPLOYER'S PROPERTY FOR WHICH ACCESS IS EXPRESSLY AUTHORIZED IN THIS
SECTION, TO A THIRD PARTY WITHOUT THE EMPLOYER'S PERMISSION.".
Agriculture &
Natural
Resources
Senate Journal, March 6
SB25-128 by Senator(s) Pelton B. and Roberts; also Representative(s) McCormick and Winter T.--
Concerning repealing certain provisions that prohibit an employer from interfering with an
agricultural employee's access to service providers, and, in connection therewith, repealing
provisions that prohibit an employer from interfering with an agricultural employee's access
to service providers on private land.
Amendment No. 1, Agriculture & Natural Resources Committee Amendment.
(Printed in Senate Journal, February 28, page(s) 228-229 and placed in members' bill
files.)
Amendment No. 2(L.004), by Senator Roberts.
Amend the Agriculture and Natural Resources Committee Report, dated
February 27, 2025, page 1, line 2, strike "(1)(a), (1)(b), and (1)(c)" and
substitute "(1)(b) and (1)(c)".
Page 1 of the report, lines 7 through 11, strike "(1) (a) An employer shall not
interfere with an agricultural worker's reasonable access to visitors at the
agricultural worker's employer-provided housing, INCLUDING HOUSING USED BY
RANGE WORKERS ON THE OPEN RANGE, during any time when the agricultural
worker is present at such housing.".
Page 1 of the report, line 12, before "(b)" insert "(1)".
Page 1 of the report, line 17, after "working." insert "AN EMPLOYER SHALL NOT
INTERFERE WITH AN AGRICULTURAL WORKER'S REASONABLE ACCESS TO KEY
SERVICE PROVIDERS THROUGH REMOTE CHANNELS, INCLUDING TELEHEALTH
APPOINTMENTS, ON THE EMPLOYER'S PROPERTY.".
Page 2 of the report, line 11, strike "PERMISSION."." and substitute "PERMISSION.
(III) THE DIVISION SHALL NOT ADOPT RULES THAT CONFLICT WITH THE
COMMON LAW RIGHT OF AN INDIVIDUAL TO ACCESS PRIVATE PROPERTY IN A
TIME OF EMERGENCY.".".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.