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PAG LIN
1 1 Section 1. NEW SECTION. 717A.0A DEFINITIONS.
1 2 As used in this chapter, unless the context otherwise
1 3 requires:
1 4 1. "Agricultural animal" means any of the following:
1 5 a. An animal that is maintained for its parts or products
1 6 having commercial value, including but not limited to its
1 7 muscle tissue, organs, fat, blood, manure, bones, milk, wool,
1 8 hide, pelt, feathers, eggs, semen, embryos, or honey.
1 9 b. An animal belonging to the equine species, including
1 10 horse, pony, mule, jenny, donkey, or hinny.
1 11 2. "Agricultural production" means any activity related to
1 12 maintaining an agricultural animal or research crop.
1 13 3. "Animal" means a warm-blooded or cold-blooded animal,
1 14 including but not limited to an animal belonging to the
1 15 bovine, canine, feline, equine, ovine, or porcine species, or
1 16 ostriches, rheas, or emus; an animal which belongs to a
1 17 species of poultry or fish; mink or other pelt-bearing
1 18 mammals; any invertebrate; or honey bees.
1 19 4. "Animal facility" means any of the following:
1 20 a. A location where an agricultural animal is maintained
1 21 for agricultural production purposes, including but not
1 22 limited to a location dedicated to farming as defined in
1 23 section 9H.1, a livestock market, exhibition, or a vehicle
1 24 used to transport the animal.
1 25 b. A location where an animal is maintained for
1 26 educational or scientific purposes, including an institution
1 27 as defined in section 145B.1, a research facility as defined
1 28 in section 162.2, an exhibition, or a vehicle used to
1 29 transport the animal.
1 30 c. A location operated by a person licensed to practice
1 31 veterinary medicine pursuant to chapter 169.
1 32 d. A pound as defined in section 162.2.
1 33 e. An animal shelter as defined in section 162.2.
1 34 f. A pet shop as defined in section 162.2.
1 35 g. A boarding kennel as defined in section 162.2.
2 1 h. A commercial kennel as defined in section 162.2.
2 2 5. "Consent" means express or apparent assent by a person
2 3 authorized to provide such assent.
2 4 6. "Crop" means any plant maintained for its parts or
2 5 products having commercial value, including but not limited to
2 6 food, animal feed, fiber, alcohol, or oil, and classified as a
2 7 forage or cereal plant, including but not limited to alfalfa,
2 8 barley, buckwheat, corn, flax, forage, millet, oats, popcorn,
2 9 rye, sorghum, soybeans, sunflowers, wheat, and grasses used
2 10 for forage or silage.
2 11 7. "Deprive" means to do any of the following:
2 12 a. For an animal maintained at an animal facility or
2 13 property belonging to an animal facility, "deprive" means to
2 14 do any of the following:
2 15 (1) Withhold the animal or property for a period of time
2 16 sufficient to significantly reduce the value or enjoyment of
2 17 the animal or property.
2 18 (2) Withhold the animal or property for ransom or upon
2 19 condition to restore the animal or property in return for
2 20 compensation.
2 21 (3) Dispose of the animal maintained at or property in a
2 22 manner that makes recovery of the animal or property by its
2 23 owner unlikely.
2 24 b. For research crops or research crop operation property,
2 25 "deprive" means to do any of the following:
2 26 (1) Occupy any part of a research crop operation for a
2 27 period of time sufficient to prevent access to the research
2 28 crop or research crop operation.
2 29 (2) Dispose of a research crop maintained at or research
2 30 crop operation property belonging to a research crop operation
2 31 in a manner that makes recovery of the research crop or
2 32 research crop property by its owner unlikely.
2 33 8. "Maintain" means to do any of the following:
2 34 a. Keep and provide for the care and feeding of any
2 35 animal, including any activity relating to confining,
3 1 handling, breeding, transporting, or exhibiting the animal.
3 2 b. Keep and preserve any research crop, by planting,
3 3 nurturing, harvesting, and storing the research crop.
3 4 9. "Owner" means any of the following:
3 5 a. A person who has a legal interest in an animal or
3 6 property belonging to an animal facility or who is authorized
3 7 by the holder of the legal interest to act on the holder's
3 8 behalf in maintaining the animal.
3 9 b. A person who has a legal interest in a research crop or
3 10 research crop operation property or who is authorized by the
3 11 holder of the legal interest to act on the holder's behalf in
3 12 maintaining the research crop.
3 13 10. "Research crop" means a crop that is maintained for
3 14 purposes of scientific research regarding the study or
3 15 alteration of the genetic characteristics of a plant or
3 16 associated seed, including its deoxyribonucleic acid, which is
3 17 accomplished by breeding or by using biotechnological systems
3 18 or techniques.
3 19 11. "Research crop operation" means an enterprise where a
3 20 research crop is maintained on research crop property.
3 21 12. "Research crop operation property" means any real
3 22 property, including a crop field, any land associated with the
3 23 crop field, structures located on the land, and personal
3 24 property, including machinery, or equipment, which is part of
3 25 a research crop operation.
3 26 Sec. 2. Section 717A.1, subsection 1, Code 2001, is
3 27 amended by striking the subsection.
3 28 Sec. 3. NEW SECTION. 717A.3 CROPS OR CROP OPERATION
3 29 PROPERTY DAMAGE – CIVIL ACTION – CRIMINAL PENALTIES.
3 30 1. A person shall not, without the consent of the owner,
3 31 do any of the following:
3 32 a. Willfully destroy a research crop or research crop
3 33 operation property.
3 34 b. Exercise control over a research crop or research crop
3 35 operation property with an intent to deprive the owner of the
4 1 research crop or research crop operation property.
4 2 c. Enter onto or remain on research crop operation
4 3 property, if the person has notice that the property is not
4 4 open to the public, and the person has an intent to do one of
4 5 the following:
4 6 (1) Disrupt agricultural production conducted on the
4 7 research crop operation property, if the operations directly
4 8 relate to the maintenance of research crops.
4 9 (2) Destroy a research crop or any portion of a research
4 10 crop maintained on the research crop operation property.
4 11 A person has notice that a research crop operation property
4 12 is not open to the public if the person is provided notice
4 13 prohibiting entry before the person enters onto the research
4 14 crop operation property, or the person refuses to immediately
4 15 depart from the research crop operation property after being
4 16 informed to leave. The notice may be in the form of a written
4 17 or verbal communication by the owner, a fence or other
4 18 enclosure designed to exclude intruders, or a sign posted
4 19 which is reasonably likely to come to the attention of an
4 20 intruder and which indicates that entry is prohibited.
4 21 2. a. A person suffering damages resulting from an act
4 22 which is in violation of this section may bring an action in
4 23 the district court against the person causing the damage to
4 24 recover all of the following:
4 25 (1) For damages that are not to a research crop, an amount
4 26 equaling three times all actual and consequential losses.
4 27 (2) For damages to a research crop, all of the following:
4 28 (a) Twice the amount of damages directly incurred by
4 29 market losses, based on the lost market value of the research
4 30 crop due to the damage, assuming that the research crop would
4 31 have matured undamaged and been sold in normal commercial
4 32 channels. If the research crop has no market value, the
4 33 damages shall be twice the amount of actual damages incurred
4 34 in producing, harvesting, and storing the damaged research
4 35 crop.
5 1 (b) Twice the amount of damages directly incurred by
5 2 developmental losses, based on the losses associated with the
5 3 research crop's expected scientific value. The research
5 4 crop's scientific value shall be determined by calculating the
5 5 amount expended in developing the research crop, including
5 6 costs associated with researching, testing, breeding, or
5 7 engineering. However, such damages shall not be awarded to
5 8 the extent that the losses are mitigated by undamaged research
5 9 crops that have been identically developed.
5 10 b. A prevailing plaintiff in an action brought under this
5 11 section shall be awarded court costs and reasonable attorney
5 12 fees, which shall be taxed as part of the costs of the action.
5 13 3. A person violating this section is guilty of the
5 14 following penalties:
5 15 a. A person who violates subsection 1, paragraph "a", is
5 16 guilty of the following:
5 17 (1) A class "C" felony if the damage to research crops or
5 18 research crop operation property exceeds fifty thousand
5 19 dollars.
5 20 (2) A class "D" felony if the damage to research crops or
5 21 research crop operation property exceeds five hundred dollars
5 22 but does not exceed fifty thousand dollars.
5 23 (3) An aggravated misdemeanor if the damage to research
5 24 crops or research crop operation property exceeds one hundred
5 25 dollars but does not exceed five hundred dollars.
5 26 (4) A serious misdemeanor if the damage to research crops
5 27 or research crop operation property exceeds fifty dollars but
5 28 does not exceed one hundred dollars.
5 29 (5) A simple misdemeanor if the damage to research crops
5 30 or research crop operation property does not exceed fifty
5 31 dollars.
5 32 b. A person who violates subsection 1, paragraph "b", is
5 33 guilty of a class "D" felony.
5 34 c. A person who violates subsection 1, paragraph "c", is
5 35 guilty of an aggravated misdemeanor.
6 1 4. This section does not prohibit any conduct of a person
6 2 holding a legal interest in a research crop operation that is
6 3 superior to the interest held by a person suffering from
6 4 damages resulting from the conduct. The section does not
6 5 apply to activities of a governmental agency.
6 6 EXPLANATION
6 7 This bill amends Code chapter 717A, which currently
6 8 includes one section, Code section 717A.1, which prohibits a
6 9 person from interfering with the operations of a facility used
6 10 to keep animals. The section specifically prohibits a person,
6 11 without the consent of the owner, to willfully destroy
6 12 property of an animal facility, or injure an animal maintained
6 13 there. It prohibits such a person from exercising control
6 14 over an animal facility or an animal maintained there with
6 15 intent to deprive the animal facility of an animal or
6 16 property. It also prohibits a person from entering onto or
6 17 into an animal facility related to agricultural production,
6 18 educational or scientific purposes, or veterinary care, or
6 19 from remaining there, if the person has notice that the
6 20 facility is not open to the public and the person has an
6 21 intent to disrupt its operations. A person convicted under
6 22 the section is subject to a range of criminal penalties
6 23 ranging from a class "C" felony to a simple misdemeanor. A
6 24 person suffering damages resulting from a criminal violation
6 25 has a cause of action against the violator for an amount
6 26 equaling three times all actual and consequential damages plus
6 27 court costs and reasonable attorney fees.
6 28 Code section 717A.1 currently defines an animal broadly to
6 29 mean a warm-blooded or cold-blooded animal. It specifically
6 30 names a number of types of animals including livestock, fish,
6 31 and invertebrates. An animal facility is defined to include a
6 32 location where an animal is maintained for agricultural
6 33 production. Agricultural production is not defined.
6 34 This bill makes two fundamental changes. First it amends a
6 35 number of definitions relating to animal facilities. It
7 1 provides that an animal specifically includes fur-bearing
7 2 mammals and honey bees. It also provides a definition for
7 3 agricultural production that refers to the maintenance of
7 4 agricultural animals, which the bill defines as an animal
7 5 maintained for its parts or products having commercial value
7 6 or any animal classified as part of the equine species.
7 7 Secondly, the bill prohibits persons from disrupting
7 8 research crop operations. The provisions are similar to those
7 9 applying to animal facilities. The new provisions
7 10 specifically apply to land used as part of a research crop
7 11 operation where designated crops (e.g., alfalfa, barley,
7 12 buckwheat, corn, flax, forage, millet, oats, popcorn, rye,
7 13 sorghum, soybeans, sunflowers, wheat, and forage grasses) are
7 14 maintained for scientific research regarding the study or
7 15 alteration of the crop's genetic characteristics.
7 16 Generally, the offenses and related criminal penalties for
7 17 violations of prohibitions involving research crop operations
7 18 are the same as those provided in Code section 717A.1
7 19 involving animal facilities. The bill prohibits a person
7 20 acting without the consent of the owner from willfully
7 21 destroying a research crop or research crop operation
7 22 property. The person is guilty of a criminal penalty ranging
7 23 from a class "C" felony for damage to crops or crop operation
7 24 property exceeding $50,000 to a simple misdemeanor for damages
7 25 to research crops or research crop operation property that
7 26 does not exceed $50. The bill prohibits a person from
7 27 exercising control over a research crop or research crop
7 28 operation property with an intent to deprive the owner of the
7 29 crop or crop operation property. The person is guilty of a
7 30 class "D" felony. Finally, the bill prohibits a person from
7 31 entering onto or remaining on research crop operation
7 32 property, if the person has notice that the property is not
7 33 open to the public, and the person has an intent to disrupt
7 34 the operation or destroy the research crop. The person is
7 35 guilty of an aggravated misdemeanor.
8 1 The bill also provides for a private right of action by a
8 2 person injured by a person acting in violation of the bill's
8 3 prohibition similar to the private right of action provided to
8 4 a person suffering damages resulting from an offense involving
8 5 an animal facility. Under the provisions of the bill, the
8 6 person's recovery is dependent upon the type of property
8 7 damaged. If the damages are not to a research crop, the
8 8 person may recover an amount equaling three times actual and
8 9 consequential losses. If the damages are to a crop, the
8 10 injured party may receive twice the amount of damages directly
8 11 incurred by market losses and twice the amount of damages
8 12 directly incurred by developmental losses based on the
8 13 research crop's expected scientific value. The prevailing
8 14 plaintiff shall also be awarded court costs and reasonable
8 15 attorney fees.
8 16 For both animal facilities and research crop operations,
8 17 the bill's provisions do not apply to activities involving a
8 18 governmental agency.
8 19 LSB 1470XC 79
8 20 da/gg/8
Text: SSB01095 Text: SSB01097 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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