August 2016 New Mexico Farm & Ranch

THE OFFICIAL PUBLICATION OF THE NEW MEXICO FARM AND LIVESTOCK BUREAU®

2016 NMF&LB Summer Conference Voter Voice - Your AGvocacy Tool NMSU Youth Ranch Management Camp Page 1

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New Mexico Farm & Ranch

August 2016

NMF&LB President’s Column IDEAS AND ELBOW GREASE

BY MICHAEL S. WHITE

Workers Comp - Deciphering the New Rule Basically, if you pay them, you must insure them. That’s the approach the New Mexico Worker’s Comp Administration is taking as they go about enforcing the new requirements for agricultural workers. Despite New Mexico Farm & Livestock Bureau’s efforts, the New Mexico Supreme Court ruled that the agricultural exemption to workers comp was unconstitutional. While we are disappointed in the Supreme Court’s decision which overturns 80 years of constitutional guarantees, we were glad that in their decision they ruled that the law was NOT retroactive except for the original two cases that spurred the initial suit.

Many of us have questions about how the law will be applied, and whether or not we need insurance. The Workers Comp Administration advised us that: You are required to have workers’ compensation insurance coverage if you have three or more employees, even if they are seasonal or part-time.

What about family members?

On pages 41-42 of the New Mexico Supreme Court’s opinion, the Court addressed “children or other family members performing farm and ranch duties or chores” suggesting that, under these circumstances, family members would be volunteers and not employees. However, if the family member is paid wages for services performed, they may be counted as an employee for purposes of determining whether workers’ compensation coverage is required.

How will the workers comp administration treat neigh-

boring?

The New Mexico Supreme Court, addressed the “culture of neighboring” (where “farmers and ranchers help perform work on their neighbors’ farms and ranches”). The court’s opinion suggests that, under these circumstances, those who perform work on their neighbors’ agricultural operation would be volunteers and not employees. However, just as with family members, if the neighbor is paid wages for services performed, the neighbor may be counted as an employee for purposes of determining whether workers’ compensation coverage is required.

Will the owner(s) of an agricultural operation be counted as an employee for purposes of determining the mandatory insurance coverage requirements?

Yes, if the business is a corporation, limited liability company, or professional association. Under Section 52-17, “executive employees” are included in the headcount of three or more employees. An “executive employee” means the “chairman of the board, president, vice president, secretary, treasurer or other executive officer, if [he or she] owns 10 percent or more of the outstanding stock, of the professional or business corporation or a 10 percent ownership interest in the limited liability company.”

Will an employer that is an owner or executive employee have the option to be excluded from coverage?

Yes. Although an executive employee may elect to be excluded from cont. page 8, see “Workers Comp”

“Only through your Farm Bureau membership can you take advantage of such a

variety of skill building opportunities.”

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New Mexico Farm & Ranch

August 2016

AFBF President’s Column BEYOND THE FENCEROWS

BY ZIPPY DUVALL

Farmers & Ranchers Are Strongest When We Stand Together Neighbors helping neighbors is a cornerstone on which Farm Bureau was founded. It’s how we get things done. The more I travel across this land, the more I’m convinced we all need to understand the issues our fellow farmers and ranchers are facing, whether ten miles down the road or thousands of miles across the country.

The challenges facing agriculture are very much like a diverse ecosystem, but when you take a closer look, you’ll find that most American farmers are all tackling one common invasive species: a federal system that too often lacks respect for individual property rights, economic competitiveness and fairness in general. From the Waters of the U.S. rulemaking and the Endangered Species Act, to public lands and water rights—the federal government continues to slap burdensome regulations on farmers without considering what it takes to keep an agricultural business up and running.

Overpopulation of wild horses and burros is just one example of how the government is serving neither man nor beast out West. Instead of the public image of strong, wild horses galloping free, with beautiful manes flying in the air, most of these animals barely survive. Dehydrated and starving, they have devastated the landscape and local ecosystems through severe overgrazing. The Bureau of Land Management by law must control the excess population or give ranchers the license they need to help mitigate the problem. BLM has done neither.

“...we stand for all of agriculture -

Time and again farmers and ranchers have used their ingenuity and tireless work ethic to preserve natural resources and build up local communities. But when agriculture is pushed out, natural resources often go to waste.

we must help each other.”

As your AFBF president, I want to see firsthand what you’re facing on your farms and ranches, so I can tell your stories to our lawmakers on Capitol Hill and to farmers in other regions. On my recent travels through the West, I saw the impact of regulatory overreach. I saw how public lands are withering under federal constraints and mismanagement. Ranchers are being trampled by federal agencies that want to drive them off public lands their families have used—and helped care for—for generations.

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Western forests have suffered crushing losses from the destructive mountain pine beetle. Yet federal agencies have allowed nature to run its course, wiping out millions of acres of Western trees, rather than working with local farmers and businesses to establish best practices to stop the pests, reduce fuel for wildfires and preserve forests and local timber industries. The result is bare mountainsides and depressed rural economies where businesses have been forced to pull out. Farmers and ranchers use good business sense to conserve natural resources, but when we’re driven out, who’s left to care for these lands that were meant to be a source of national pride? cont. page 8, see “Strongest” August 2016

Would you engage and advocate if we bought all of our members Time?

Chad Smith, NMF&LB CEO Advocacy is one of New Mexico Farm and Livestock Bureau’s main focus and part of our mission of protecting New Mexico agriculture. As many know, I get a lot of windshield time in my role serving as your CEO, during that time I often find myself plotting and scheming. Not in a negative way but finding ways on how we, NMFLB, could be more and do more in terms of advocacy.

Our members are our greatest strength and our grassroots structure makes us even stronger, but what can we do from the state office to increase our advocacy and engagement numbers? I think about what makes people not engage or get involved in important issues that affect their livelihoods. I realize time is limited and many are working hard to maintain a life that you have chosen, a simple way of life but one that is filled with ups and downs, trials and tribulations and one that may not always be the most rewarding. We have many members that work jobs away from the farm and ranch that provide a stable income on top of what the farm or ranch may provide. So time and time again, no pun intended time tops the list of why we don’t have more people engaged and advocating for the future of agriculture. I understand, I often spend my days wishing we had more time in a day to accomplish what needs to be done but I realize I cannot produce time nor can I provide our members with more time.

With that I am excited at a new advocacy tool that we are engaging in that will save our members time, allow them a platform to engage and advocate on issues that are important to New Mexico Agriculture. This tool will save you time, provide the resources and information needed so that one could simply engage and advocate from the seat of a tractor via a smartphone. If you are a member or we simply have an email address for you, you will begin to receive emails from advocacy@nmflb.org that will provide you quick and easy access to our advocacy campaigns that we develop as the need arises. You may also visit our website at www. nmflb.org and click on the “Take Action” tab to view our current advocacy campaigns or sign up to receive alerts.

It is because of your membership that we are able to provide the tools and resources that will allow our members and other like-minded individuals to be more effective advocates. I encourage you to engage and embrace the advocacy tool, when you receive those emails, take a brief moment, follow the link to easily send a message to your senator, representative or congressional delegate on issues that are important to our industry. Thank you for being an engaged AGvocate!

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August 2016

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New Mexico Farm & Ranch

August 2016

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C c g

NMF&LB 2016 Summer Conference Dalene Hodnett, Director of Communitions and Media Relations Did you know that there are approximately 4,000 feral horses on the Mescalero Apache Reservation? That in a fish hatchery it takes 9 months to grow a rainbow trout until it’s ready to be released? That you could survive on pistachios and water since the nutritious nut contains all necessary amino acids? Participants of the 2016 NMF&LB Summer Conference learned all of this and more as we toured agricultural sights between Ruidoso and Alamogordo. Above Tyner Cervantes, Director of the Mescalero Conservation Department, explained how the tribe uses much of their 466,000 acres for grazing.

Dusty Wold, shown with his wife Ruth, is the manager of the Mescalero Apache’s cattle herd. Last year he estimated 1,350 calves were born on the reservation. Moving from solely Hereford cattle, he is now using a Hereford / Red Angus mix. We also toured the Mescalero Tribal Fish Hatchery, a part of the Southwest Tribal Fisheries Commission, a group of 17 tribes that use the fish to stock their lakes and rivers. We finished the day at the Eagle Ranch Pistachio Farm, where George and Marianne Schweers welcomed us to the oldest and largest pistachio grove in the state with over 13,000 trees on 105 acres.

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August 2016

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Above, Representative candidate Candie Sweetser and Cheryl Hartman. Middle, Matthew Harris and Andy Ellett. Right, Melinda and John Jackson.

Collin Anderson shown with Collegiate Discussion Meet winner Kelsy Garner. In the background is Jeff Mayberry and Senator Cliff Pirtle.

San Juan and Torrance counties were well-represented by Gary Hathorn, Jerry Lisk and Casey Spradley. Overall, the conference was attended by 110 members.

Senator Candy Ezzell visits with Jim Ellett and Leon Hemann.

Fourteen politicians from both parties joined us for the Candidate Mixer to talk about the endangered species act, taxes, pubTeresa Ogden and Danielle Lowry enjoyed some lic lands and private property rights. friendly competition during the YF&R Silent Auction which raised $1,199.

Sherry Saylor, AFBF Women’s Leadership Program Chair gave the

keynote address reminding those of us in agriculture that we need to be involved in leadership development, advocacy and ag literacy. Here she shares her experience on how to increase engagement and activity as she met with the members of the NMF&LB WLP.

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New Mexico Farm & Ranch

August 2016

Strongest, continued from page 3 The challenges facing agriculture are significant, but not insurmountable. Our Farm Bureau strength comes through when we reach across regions to help our neighbors from all walks of agriculture. Our Creator, in many passages throughout the Bible, instructs us to love our neighbors and treat them as we want to be treated. When Southerners needed support in their efforts to strengthen the safety net for cotton growers, farmers from across the country united behind their neighbors in the South. One of my proudest moments as a Farm Bureau member was when voting delegates from other regions were debating cotton policy at the AFBF Annual Convention last January and said, in effect, we stand for all of agriculture—we must help each other.

Through my travels and conversations with farmers and ranchers in every region, I hope to raise awareness of regional challenges, such as the Western problems I have seen recently, and give Farm Bureau members more examples of how they can help their neighbors and stand united for all of agriculture.

Workers Comp, cotinued from page 2 coverage they are still counted in determining whether the business employs three or more employees.

Is my business responsible for having workers’ compensation insurance for the employees of an independent contractor (1099-contractor)?

No. However, business owners should verify that the independent contractor maintains required coverage before hiring such contractors.

How do I determine whether my workers are employees or independent contractors?

Calling a “worker” an “independent contractor”, signed contracts designating a “worker” as an “independent contractor” or the fact that a 1099 is filed does not conclusively determine whether a “worker” is an “independent contractor” to be excluded from coverage requirements. There is no bright test to distinguish between an independent contractor and an employee. It is a case-bycase determination that depends upon the working relationship between the employer and the “worker” and is determined by who has the “right to control the work” and the degree that “right to control” extends to the details, means or methods of performance.

If you are unsure how to classify workers employed by your business, you should consult an attorney.

While we fear the economic consequences of this requirement, since agriculture does operate on a razor thin profit margin, we are thankful that generations ago farmers, ranchers and dairy producers realized the need for an insurance company that recognizes their unique needs. So through Farm Bureau Financial Services, we have a company that is trying to understand workers comp right along with us as it applies to food producers, and their agents are available to assist you through this situation.

Because this ruling overturned 80 years of settled constitutional law, we are exploring legislative options, but please don’t let this dissuade you from protecting your family and farm, ranch or dairy from a litigious environment. On July 14th NMF&LB asked for a 60 day stay on the Supreme Courts Mandate so that producers can secure necessary insurance. As of this writing, the Court had not acted on our request nor have they issued their mandate, but we will keep you informed.

Because NMF&LB cares about the livelihoods of our members and fellow producers, we encourage everyone who falls under these requirements to obtain coverage. If you have any questions or need clarification on whether your operation requires a policy, you can contact Trey Flynt with the WCA Compliance Office at 505-841-6851.

Welcome Natalie DiMatteo We’re pleased to introduce you to Natalie DiMatteo, NMF&LB’s new Administrative Assistant. Read on to learn a little bit about her and her family. “I was born and grew up in El Paso, TX. My father, Hank, was a police officer for the El Paso Police Dept for 35 yrs and my mother, Mary, was a teacher and homemaker. I am the youngest of 4 children, with 2 older brothers and a sister, which made growing up a lot of fun and very interesting. As a child I came up to Las Cruces every weekend and spent time on my grandfather, Genardo’s, farm in Mesilla. He farmed pecan, chili and produce for over 75 years in the valley. I went to Franklin High School and graduated in 2003. In 2005, I moved up to Las Cruces and in 2011 welcomed my son, Robert, into the world. He is the light in my life, very smart, creative and full of personality. I have been working at Farm Bureau since November of 2015 and I am currently pursuing a degree at NMSU in Finance. My parents now live in Las Cruces and my dad is head of the Criminal Justice department at DACC and has taken over farming my grandfather’s land in Mesilla. I am grounded by my strong Christian faith, family and close friends. I am very excited about this opportunity and looking forward to growing within the Farm Bureau organization.”

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New Mexico Farm & Ranch

August 2016

e r u t u F e h t s e p Sha

The YF&R program helps young members shape the future of agriculture, as well as their individual futures, with leadership development and personal growth opportunities. Through three competitions, members are able to showcase their leadership experience, communication skills and successful farm plans as they compete against the best of the best Farm Bureau has to offer.

As part of the YF&R competitions, winners in the Achievement Award, Discussion Meet and Excellence in Ag areas will receive their choice of a 2017 Chevrolet Silverado or GMC Sierra truck, courtesy of Chevrolet.

Three national finalists in each competition will receive a Case IH Farmall 50A tractor, courtesy of Case IH, as well as a $2,500 cash prize and $500 in STIHL merchandise.

CS16_109 2017 YFR Ad_7.5x10.10.indd 1

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For more information about YF&R competitive events contact your state Farm Bureau or contact AFBF at yfr@fb.org or 202-406-3600.

5/20/16 1:59 PM

August 2016

Spotlight on Grant County FLB Stewart Rooks, President Grant County Farm and Livestock Bureau (GCFLB) is unique in the fact that along with the County Farm and Livestock Bureau we have two local Farm Bureau organizations in Cliff and Mimbres. Also, the formation of a third local in Silver City has been approved. While the locals work under the canopy of the county organization, they are independent.

This allows for the locals to plan and prepare their activities to participate and support their local communities. Both local groups participate in county wide events.

Two of the biggest activities GCFLB conduct each year are; the pancake breakfast and booth at the Grant County Fair and the New Year’s eve brisket dinner, dance and silent auction. Each of these activities attract close to 300 people. The New Year’s eve celebration is also a very good fund raiser. This year GCFLB was invited to set up booths at the Grant County Home and Garden show and the Hurley Pride Festival and car show. Both of these events attracted quite a different crowd then what we are used to. GCFLB did receive a lot of good attention. We also set up a booth at the 4th of July parade in Silver City. At this event we furnish Root Beer float supplies and 4-H members sells homemade root beer floats and recruit new 4-H members. We hand out flags and Farm Bureau promotional material and reach out to as many people as we can. GCFLB is also scheduled to set up a promotional booth at the Mimbres Valley Harvest Festival in October.

GCFLB works a lot with the County Extension office, local 4-H and FFA chapters. Grant County Farm & Livestock Bureau Board of Director Representatives have been encouraging FFA

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members to attend the NMFLB state conference for last 5 years. 4-H members provides service to GCFLB by serving the meal at the annual meeting. The Cliff FFA assists us by setting up and serving at the New Year’s Eve celebration.

Also, they help out with the booth at the 4th of July activity.

The district 4-H competition was held in Grant County last year and GCFLB sponsored that event with $500.00. When Grant County has either a 4-H or FFA team make nationals we help sponsor them financially. Last year the Cliff FFA made nationals and between the Cliff local and GCFLB we assisted with over $1000.00. Scholarships are offered through the County and the Cliff and Mimbres locals. We are working with the extension service to host several workshops on different agricultural subjects. We are focusing on the smaller acreage land owners showing them ways to make smaller tracts of land agriculturally productive.

August 2016

New Mexico County Farm Bureaus donated over $11,000 to help educators attend the National Ag in the Classroom Conference that was held in June in Phoenix, AZ. The delegation from NM was the largest delegation of any state in attendance. We cannot thank these generous sponsors enough for all of their support!

What did attendees have to say about the conference?

“Every time I talk with someone about AGED, my heart gets happy! This conference opened up resources for me to use as a volunteer to teach students about agriculture!”- Britney Lardner, NMAITC volunteer AGvocate “Agriculture is already there! As a teacher we need to identify it, and it can easily be connected to the CCSS. Bonus: Kids LOVE it! - John Turrietta,

NMAITC Teacher of the Year

“This was amazing! I think all new 4-H/ag agents should have the opportunity to come to this conference. Thank you so much for this wonderful opportunity.

Marlee Runyan, Otero County 4-H Agent

County Farm Bureau: Bernalillo Lorena Ibuado

First New Mexico Bank

Lea Kayla Hinrichs

Britney Lardner

Luna

Marilyn Mendes

Carisa Gray

Theresa Sandoval

Otero

Chaves

Marlee Runyon- Extension

Melinda Jackson

Socorro

Olivia Langley

Becky Ramzel

Cibola/ McKinley

Trisha Chavez- Extension

Chris Murphy

Valencia

Amanda Valdez

Lorena Castillo

Irowena Whitehair

NMAITC Teacher of the Year

Dona Ana Ashley Cartwright Silvia Mariscal Lucia Gutierrez Abby Husson-Matter Jessica King Teresa Dean- Extension

John Turrietta *CHS Award

White-Reinhardt Scholarship Recipient Annette Joyner

Southwest Dairy Farmers Kelli Goodpasture

Eva Madrid- Extension

Nelson Academy of Ag Science On-line

Eddy

Kassi Simpson

Tessa Ogden

Annual Sponsors

HaleyMontes *CHS Award

BNSF Railway

Grant

NM Cattle Growers Association

Laura Brown Melissa Brown

$500 Educator Sponsors

Sarah Sosa

Al & Cheri Porter

DeShae Murphy

Lyles Family Farms

Kim Neal

$1000 Educator Sponsors

Jewell Jackson

Farm Credit of New Mexico

Want to see more? Visit www.nmatic.org!

Heather Holguin

NM Farm & Livestock Bureau

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“Find a way to attend- best professional development I have been to in the last ten years. I can take something from each workshop back into my classroom.”

- Ashley Cartwright ,Teacher

Visit www.agclassroom.org/conference2016 to view conference resources & use #nmag2016 on social media to see great pictures!

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New Mexico Farm & Ranch

Grant Sponsor Helpers: August 2016

Youth Ranch Management Camp Leigh Ann Marez, Guadalupe County Program Director Twenty-seven youth from across New Mexico, ages 15-19, participated in a week long youth ranch management camp this past week, June 5-10, 2016. The camp was developed by New Mexico State University Cooperative Extension Service and, the NMSU Extension Animal and Range Sciences Department, in an effort to create hands-on learning opportunities for youth, regarding ranching in New Mexico. “Hopefully this year’s Participants left the Ranch Camp experience with a greater appreciation for not only new skills and practices, but also the economics of each practice as it relates to cash flow for a ranch in the Southwest,” said Jack Blandford, Luna County Extension Agricultural agent, and the 2016 NMYRMC Chair.

Nationally, the average age in the ranching community continues to increase as more young people are opting to leave the ranch for careers outside production agriculture. As a result, the fabric of rural economies, as well as the ranching tradition and cultures, are in jeopardy. In a rural state like New Mexico, the situation has significant implications. The NM Youth Ranch Management Camp is an effort to reverse the aging trend in ranching by incorporating a hands-on educational approach to youth of New Mexico.

Each day, the Camp offered a great deal of pertinent ranching subject matter information and training to camp participants-- from college professors, extension specialists and agents, to industry professionals. It was held this year at the renowned CS Ranch in Cimarron NM. The first day of camp was BEEF Science day, where participants worked with Jack Thomas, retired NMSU Animal Science Meat Science professor, and staff at the NMSU Meats lab, to break down and fabricate a beef. Starting with a hanging carcass, students learned how to cut, trim, debone, ground and wrap the meat, which was used for their meals throughout the week. In addition, participants learned about reproductive physiology, Beef Quality Assurance practices, cattle nutrition and the latest in research, pregnancy testing, disease management, etc. Youth also had the opportunity to dissect some uterine tracks and check out the anatomy and physiology of both bred and open cows.

Day Two consisted of marketing strategies and considerations. Presentations were made on building an effective ranch management plan, focusing on ranch finances and marketing. Plans included breeding, nutrition, rangeland management and assessments, drought mitigation, and wildlife management.

Day Three was Wildlife, Natural Resources and Riparian Management Day where participants learned about how to effectively develop and utilize area resources to assist with the ‘bottom line’ – profitability.

Day four highlighted the renowned CS Ranch horse program where students were treated with a history of the operation and were able to talk ‘horse science’ with the CS vet. The participants then gathered range grasses and plants, identifying characteristics and pressing the plants for ID. During the afternoon they learned forage assessment with Nick Ashcroft, NMSU Extension Range Specialist.

On the final day, the Team ranch plans Nick Ashcroft, NMSU Extension Range Specialist teaches participants how were presented to judges, Jeff Bilberry, to utilize critical forage assessment calculations pertinent to their overall plan. representing Singleton Ranches; Dr. Jerry Hawkes, Ag Economist and NMSU Extension Animal and Range Sciences Department Head; and, Brandon Blakney, one of the CS Ranch Managers. Parents and Industry/Agency visitors also were allowed to sit in on the presentations, ending with a final awards presentation and steak dinner.

Dr. Jerry Hawkes informed participants that their week-long camp experience will be honored with three credit hours at NMSU towards a degree plan, should students decide to attend NMSU upon graduation, or for current students.

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Non-profit Organization U.S. POSTAGE PAID Las Cruces, N.M. Permit No.2093

P.O. Box 20004 Las Cruces, NM 88004-9004

RETURN SERVICE REQUESTED

NEW MEXICO FARM & LIVESTOCK BUREAU Since 1917 . . . a Leader in New Mexico

ISSN 0028-6192 2220 N. TELSHOR BLVD. • LAS CRUCES, NM 88011 575.532.4700 • FAX: 575.532.4710 PUBLISHER: New Mexico Farm and Livestock Bureau New Mexico Farm & Ranch is published monthly. Yearly subscription is $24.00.

New Mexico Farm and Livestock Bureau members receive a complimentary subscription with yearly dues.

U.S. Postage PAID, bulk rate, PERMIT #31, Las Cruces, NM 88001. FORWARDING/RETURN POSTAGE GUARANTEED, ADDRESS CORRECTION REQUESTED. OFFICERS Michael White President, Dexter Craig Ogden 1st Vice President, Loving Larry Reagan 2nd Vice President, Ft. Sumner Chad Smith Chief Executive Officer Page 14

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New Mexico Farm & Ranch

BOARD OF DIRECTORS Bud Deerman, La Mesa Jim Ellett, Hope Duane Frost, Claunch Anita Hand, Datil Gary Hathorn, Flora Vista Leon Hemann, McDonald Jay Hill, Mesilla Park George Jackson, Lordsburg John Jackson, Lake Arthur Janet Jarratt, Los Lunas Deena Kinman, Elida Matt Lansford, Clovis Boe Lopez, Springer Danielle Lowry, Albuquerque Donald Martinez, El Rito Tommy Ortiz, Las Vegas Troy Sauble, Maxwell Paula Sichler, San Antonio John Sweetser, Deming Tom Wilton, Ft. Sumner

REGIONAL DIRECTORS Joel Alderete, Roswell Valerie Huerta, Santa Cruz Zach Riley, Albuquerque Benjie Segovia, Las Cruces Cheryl Butterfield Northern Director, Ag in the Classroom Traci Curry Southern Director, Ag in the Classroom Francisco Hatay Marketing Coordinator Dalene Hodnett Director of Communications and Media Relations Carmen Macias Comptroller Theresa Widner Director of Membership Services Anita Hand, Chair Women’s Leadership Committee Danielle Lowry, Chair Young Farmer & Rancher Committee August 2016