Text: HF00501 Text: HF00503 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 502 1 2 1 3 AN ACT 1 4 RELATING TO AGRICULTURAL PRODUCTION, BY PROHIBITING ACTS 1 5 RELATING TO FACILITIES OR OPERATIONS, MAKING PENALTIES 1 6 APPLICABLE, AND PROVIDING PENALTIES AND CIVIL LIABILITY. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. NEW SECTION. 717A.0A DEFINITIONS. 1 11 As used in this chapter, unless the context otherwise 1 12 requires: 1 13 1. "Agricultural animal" means any of the following: 1 14 a. An animal that is maintained for its parts or products 1 15 having commercial value, including but not limited to its 1 16 muscle tissue, organs, fat, blood, manure, bones, milk, wool, 1 17 hide, pelt, feathers, eggs, semen, embryos, or honey. 1 18 b. An animal belonging to the equine species, including 1 19 horse, pony, mule, jenny, donkey, or hinny. 1 20 2. "Agricultural production" means any activity related to 1 21 maintaining an agricultural animal at an animal facility or a 1 22 crop on crop operation property. 1 23 3. "Animal" means a warm-blooded or cold-blooded animal, 1 24 including but not limited to an animal belonging to the 1 25 bovine, canine, feline, equine, ovine, or porcine species; 1 26 farm deer as defined in section 189A.2; ostriches, rheas, or 1 27 emus; an animal which belongs to a species of poultry or fish; 1 28 mink or other pelt-bearing mammals; any invertebrate; or honey 1 29 bees. 1 30 4. "Animal facility" means any of the following: 1 31 a. A location where an agricultural animal is maintained 1 32 for agricultural production purposes, including but not 1 33 limited to a location dedicated to farming as defined in 1 34 section 9H.1, a livestock market, exhibition, or a vehicle 1 35 used to transport the animal. 2 1 b. A location where an animal is maintained for 2 2 educational or scientific purposes, including an institution 2 3 as defined in section 145B.1, a research facility as defined 2 4 in section 162.2, an exhibition, or a vehicle used to 2 5 transport the animal. 2 6 c. A location operated by a person licensed to practice 2 7 veterinary medicine pursuant to chapter 169. 2 8 d. A pound as defined in section 162.2. 2 9 e. An animal shelter as defined in section 162.2. 2 10 f. A pet shop as defined in section 162.2. 2 11 g. A boarding kennel as defined in section 162.2. 2 12 h. A commercial kennel as defined in section 162.2. 2 13 5. "Consent" means express or apparent assent by a person 2 14 authorized to provide such assent. 2 15 6. a. "Crop" means any plant maintained for its parts or 2 16 products having commercial value, including but not limited to 2 17 stalks, trunks and branches, cuttings, grafts, scions, leaves, 2 18 buds, fruit, vegetables, roots, bulbs, or seeds, if the plant 2 19 is any of the following: 2 20 (1) A plant produced from an agricultural seed or 2 21 vegetable seed as defined in section 199.1, including any 2 22 plant producing a commodity listed in section 210.10. 2 23 (2) A plant which is a tree, shrub, vine, berry plant, 2 24 greenhouse plant, or flower. 2 25 b. A plant produced from a noxious weed seed as defined in 2 26 section 199.1 is not a crop unless the plant is produced as a 2 27 research crop. 2 28 7. "Crop operation" means a commercial enterprise where a 2 29 crop is maintained on the property of the commercial 2 30 enterprise. 2 31 8. "Crop operation property" means any of the following: 2 32 a. Real property that is a crop field, orchard, nursery, 2 33 greenhouse, garden, elevator, seedhouse, barn, warehouse, any 2 34 other associated land or structures located on the land, and 2 35 personal property located on the land including machinery or 3 1 equipment, that is part of a crop operation. 3 2 b. A vehicle used to transport a crop that was maintained 3 3 on the crop operation property. 3 4 9. "Deprive" means to do any of the following: 3 5 a. For an animal maintained at an animal facility or 3 6 property belonging to an animal facility, "deprive" means to 3 7 do any of the following: 3 8 (1) Withhold the animal or property for a period of time 3 9 sufficient to significantly reduce the value or enjoyment of 3 10 the animal or property. 3 11 (2) Withhold the animal or property for ransom or upon 3 12 condition to restore the animal or property in return for 3 13 compensation. 3 14 (3) Dispose of the animal or property in a manner that 3 15 makes recovery of the animal or property by its owner 3 16 unlikely. 3 17 b. For crops maintained on crop operation property or for 3 18 crop operation property, "deprive" means to do any of the 3 19 following: 3 20 (1) Occupy any part of a crop operation property for a 3 21 period of time sufficient to prevent access to the crop or 3 22 crop operation property. 3 23 (2) Dispose of a crop maintained on the crop operation 3 24 property or belonging to the crop operation in a manner that 3 25 makes recovery of the crop or crop operation property by its 3 26 owner unlikely. 3 27 10. "Maintain" means to do any of the following: 3 28 a. Keep and provide for the care and feeding of any 3 29 animal, including any activity relating to confining, 3 30 handling, breeding, transporting, or exhibiting the animal. 3 31 b. Keep and preserve any crop, by planting, nurturing, 3 32 harvesting, and storing the crop; or storing, planting, or 3 33 nurturing the crop's seed. 3 34 11. "Owner" means any of the following: 3 35 a. A person, including a public or private entity, who has 4 1 a legal interest in an animal or property belonging to an 4 2 animal facility or who is authorized by the holder of the 4 3 legal interest to act on the holder's behalf in maintaining 4 4 the animal. 4 5 b. A person, including a public or private entity, who has 4 6 a legal interest in a crop or crop operation property or who 4 7 is authorized by the holder of the legal interest to act on 4 8 the holder's behalf in maintaining the crop. 4 9 12. "Research crop" means a crop, including the crop's 4 10 seed, that is maintained for purposes of scientific research 4 11 regarding the study or alteration of the genetic 4 12 characteristics of a plant or associated seed, including its 4 13 deoxyribonucleic acid, which is accomplished by breeding or by 4 14 using biotechnological systems or techniques. 4 15 Sec. 2. Section 717A.1, subsection 1, Code 2001, is 4 16 amended by striking the subsection. 4 17 Sec. 3. Section 717A.1, subsection 2, paragraph a, Code 4 18 2001, is amended to read as follows: 4 19 a. Willfully destroy property of an animal facility, or 4 20 kill or injure an animal maintained at an animal facility, 4 21 including by an act of violence or the transmission of a 4 22 disease including but not limited to any disease designated by 4 23 the department of agriculture and land stewardship pursuant to 4 24 section 163.2. 4 25 Sec. 4. Section 717A.1, subsection 2, paragraph c, 4 26 subparagraph (2), Code 2001, is amended to read as follows: 4 27 (2)InjureKill or injure an animal maintained at the 4 28 animal facility. 4 29 Sec. 5. Section 717A.1, subsection 5, Code 2001, is 4 30 amended to read as follows: 4 31 5. a. This section does not prohibit any conduct of a 4 32 person holding a legal interest in an animal or property which 4 33 is superior to the interest held by a person suffering from 4 34 damages resulting from the conduct. 4 35 b.TheThis section does not apply toactivities ofa 5 1 governmental agency that is taking lawful action against an 5 2 animal or animal facility. 5 3 c. This section does not apply to a licensed veterinarian 5 4 practicing veterinary medicine as provided in chapter 169 and 5 5 according to customary standards of care. 5 6 Sec. 6. NEW SECTION. 717A.2 CROPS OR CROP OPERATION 5 7 PROPERTY DAMAGE – CIVIL ACTION – CRIMINAL PENALTIES. 5 8 1. A person shall not, without the consent of the owner, 5 9 do any of the following: 5 10 a. Willfully destroy or damage a crop maintained on crop 5 11 operation property or crop operation property. 5 12 b. Exercise control over a crop maintained on crop 5 13 operation property or crop operation property with an intent 5 14 to deprive the owner of the crop or crop operation property. 5 15 c. Enter onto or remain on crop operation property, if the 5 16 person has notice that the property is not open to the public, 5 17 and the person has an intent to do one of the following: 5 18 (1) Disrupt agricultural production conducted on the crop 5 19 operation property, if the agricultural production directly 5 20 relates to the maintenance of crops. A person is presumed to 5 21 intend disruption, if the person moves, removes, or defaces 5 22 any sign posted on the crop operation property or label used 5 23 by the owner and the sign or label identifies a crop 5 24 maintained on the crop operation property. 5 25 (2) Destroy or damage a crop or any portion of a crop 5 26 maintained on the crop operation property. 5 27 A person has notice that a crop operation property is not 5 28 open to the public if the person is provided notice 5 29 prohibiting entry before the person enters onto the crop 5 30 operation property, or the person refuses to immediately 5 31 depart from the crop operation property after being notified 5 32 to leave. The notice may be in the form of a written or 5 33 verbal communication by the owner, a fence or other enclosure 5 34 designed to exclude intruders, or a sign posted which is 5 35 reasonably likely to come to the attention of an intruder and 6 1 which indicates that entry is prohibited. 6 2 2. a. A person suffering damages resulting from an act 6 3 which is in violation of this section may bring an action in 6 4 the district court against the person causing the damage to 6 5 recover all of the following: 6 6 (1) For damages that are not to a research crop, an amount 6 7 equaling three times all actual and consequential losses. 6 8 (2) For damages to a research crop, all of the following: 6 9 (a) Twice the amount of damages directly incurred by 6 10 market losses, based on the lost market value of the research 6 11 crop due to the damage, assuming that the research crop would 6 12 have matured undamaged and been sold in normal commercial 6 13 channels. If the research crop has no market value, the 6 14 damages shall be twice the amount of actual damages incurred 6 15 in producing, harvesting, and storing the damaged research 6 16 crop. 6 17 (b) Twice the amount of damages directly incurred by 6 18 developmental losses, based on the losses associated with the 6 19 research crop's expected scientific value. The research 6 20 crop's scientific value shall be determined by calculating the 6 21 amount expended in developing the research crop, including 6 22 costs associated with researching, testing, breeding, or 6 23 engineering. However, such damages shall not be awarded to 6 24 the extent that the losses are mitigated by undamaged research 6 25 crops that have been identically developed. 6 26 b. A prevailing plaintiff in an action brought under this 6 27 section shall be awarded court costs and reasonable attorney 6 28 fees, which shall be taxed as part of the costs of the action. 6 29 3. A person who violates this section as it applies to a 6 30 research crop or crop operation property where a research crop 6 31 is maintained is guilty of the following: 6 32 a. For a violation of subsection 1, paragraph "a", the 6 33 person is guilty of criminal mischief as provided in section 6 34 716.1, and commits the same class of offense as provided in 6 35 sections 716.3 through 716.6 based on the amount of damage to 7 1 the research crop or crop operation property where the 7 2 research crop is maintained. 7 3 b. For a violation of subsection 1, paragraph "b", the 7 4 person is guilty of a class "D" felony. 7 5 c. For a violation of subsection 1, paragraph "c", the 7 6 person is guilty of an aggravated misdemeanor. 7 7 4. A person who violates this section as it applies to a 7 8 crop other than a research crop or crop operation property 7 9 where a research crop is not maintained is guilty of the 7 10 following: 7 11 a. For a violation of subsection 1, paragraph "a", the 7 12 person is guilty of criminal mischief as provided in section 7 13 716.1, and commits the same class of offense as provided in 7 14 sections 716.3 through 716.6 based on the amount of damage to 7 15 the crop or crop operation property where the crop is 7 16 maintained. 7 17 b. For a violation of subsection 1, paragraph "b", the 7 18 person is guilty of an aggravated misdemeanor. 7 19 c. For a violation of subsection 1, paragraph "c", the 7 20 person is guilty of a serious misdemeanor. 7 21 5. a. This section does not prohibit any conduct of a 7 22 person holding a legal interest in a crop operation that is 7 23 superior to the interest held by a person suffering from 7 24 damages resulting from the conduct. 7 25 b. This section does not apply to a governmental agency 7 26 that is taking lawful action against a crop or crop operation 7 27 property. 7 28 7 29 7 30 7 31 BRENT SIEGRIST 7 32 Speaker of the House 7 33 7 34 7 35 8 1 MARY E. KRAMER 8 2 President of the Senate 8 3 8 4 I hereby certify that this bill originated in the House and 8 5 is known as House File 502, Seventy-ninth General Assembly. 8 6 8 7 8 8 8 9 MARGARET THOMSON 8 10 Chief Clerk of the House 8 11 Approved , 2001 8 12 8 13 8 14 8 15 THOMAS J. VILSACK 8 16 Governor
Text: HF00501 Text: HF00503 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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