House File 589 H-1292 Amend House File 589 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 < Section 1. Section 717A.1, Code 2011, is amended 4 by adding the following new subsection: 5 NEW SUBSECTION . 1A. “Agricultural animal facility” 6 or “facility” means a location where an agricultural 7 animal is maintained, including but not limited to a 8 location dedicated to farming as defined in section 9 9H.1, a livestock market, or an exhibition. 10 Sec. 2. Section 717A.1, subsection 2, Code 2011, is 11 amended to read as follows: 12 2. “Agricultural production” means any activity 13 related to maintaining an agricultural animal at 14 an agricultural animal facility or a crop on crop 15 operation property. 16 Sec. 3. Section 717A.1, subsections 3 and 4, Code 17 2011, are amended by striking the subsections. 18 Sec. 4. Section 717A.1, subsection 7, Code 2011, is 19 amended to read as follows: 20 7. “Crop operation” means a commercial enterprise 21 where a crop is maintained on the property of the 22 commercial enterprise location where a crop is 23 maintained, including but not limited to a crop field, 24 orchard, nursery, greenhouse, garden, elevator, 25 seedhouse, barn, or warehouse . 26 Sec. 5. Section 717A.1, subsection 9, paragraph a, 27 Code 2011, is amended to read as follows: 28 a. For an agricultural animal maintained at an 29 agricultural animal facility or property belonging 30 to kept at an agricultural animal facility, “deprive” 31 means to do any of the following: 32 (1) Withhold the agricultural animal or property 33 for a period of time sufficient to significantly reduce 34 the value or enjoyment of the agricultural animal or 35 property. 36 (2) Withhold the agricultural animal or 37 property for ransom or upon condition to restore 38 the agricultural animal or property in return for 39 compensation. 40 (3) Dispose of the agricultural animal or property 41 in a manner that makes recovery of the agricultural 42 animal or property by its owner unlikely. 43 Sec. 6. Section 717A.1, subsection 10, paragraph a, 44 Code 2011, is amended to read as follows: 45 a. Keep and provide for the care and feeding of any 46 agricultural animal, including any activity relating 47 to confining, handling, breeding, transporting, or 48 exhibiting the animal. 49 Sec. 7. Section 717A.1, subsection 11, paragraphs a 50 -1- HF589.1490 (2) 84 da/rj 1/ 9 #1.

and b, Code 2011, are amended to read as follows: 1 a. A person, including a public or private entity, 2 who has a legal interest in an agricultural animal 3 maintained at the agricultural animal facility or other 4 property belonging to kept at an agricultural animal 5 facility , or a person who is authorized by the holder 6 of the legal interest to act on the holder’s behalf in 7 maintaining the animal or keeping the other property . 8 b. A person, including a public or private entity, 9 who has a legal interest in a crop maintained at the 10 crop operation or crop operation other property kept at 11 the crop operation, or a person who is authorized by 12 the holder of the legal interest to act on the holder’s 13 behalf in maintaining the crop or keeping the other 14 property . 15 Sec. 8. Section 717A.1, Code 2011, is amended by 16 adding the following new subsection: 17 NEW SUBSECTION . 11A. “Record” means any printed, 18 inscribed, visual, or audio information that is 19 placed or stored on a tangible medium, and that may 20 be accessed in a perceivable form, including but not 21 limited to any paper or electronic format. 22 Sec. 9. Section 717A.2, Code 2011, is amended by 23 striking the section and inserting in lieu thereof the 24 following: 25 717A.2 Agricultural animal facility tampering. 26 1. A person is guilty of agricultural animal 27 facility tampering if the person acts without the 28 consent of the owner of an agricultural animal facility 29 to willfully do any of the following: 30 a. Damage, destroy, or alter property kept at the 31 agricultural animal facility, including but not limited 32 to land, fixtures, structures, equipment, machinery, 33 vehicles, records, or computer software or data. 34 b. Kill or injure an agricultural animal maintained 35 at the agricultural animalfacility, including by an act 36 of violence or the transmission of a disease including 37 but not limited to any infectious or contagious disease 38 designated by the department of agriculture and land 39 stewardship pursuant to section 163.2. 40 c. Take by theft an agricultural animal maintained 41 or other property kept at the agricultural animal 42 facility. 43 d. Disrupt operations conducted at the agricultural 44 animal facility, if the operations directly relate 45 to agricultural production, agricultural animal 46 maintenance, educational or scientific purposes, or 47 veterinary care. 48 2. A person who commits the offense of agricultural 49 animal facility tampering is guilty of the following: 50 -2- HF589.1490 (2) 84 da/rj 2/ 9

a. Agricultural animal facility tampering in the 1 first degree occurs when the result of the offense 2 is damages incurred by the owner of the agricultural 3 animal facility of more than one hundred thousand 4 dollars. A person convicted of agricultural animal 5 facility tampering in the first degree is guilty of a 6 class “C” felony. 7 b. Agricultural animal facility tampering in the 8 second degree occurs when the result of the offense 9 is damages incurred by the owner of the agricultural 10 animal facility of more than ten thousand dollars but 11 not more than one hundred thousand dollars. A person 12 convicted of agricultural animal facility tampering in 13 the second degree is guilty of a class “D” felony. 14 c. Agricultural animal facility tampering in the 15 third degree occurs when the result of the offense 16 is damages incurred by the owner of the agricultural 17 animal facility of more than one thousand dollars but 18 not more than ten thousand dollars. A person convicted 19 of agricultural animal facility tampering in the third 20 degree is guilty of an aggravated misdemeanor. 21 d. Agricultural animal facility tampering in the 22 fourth degree occurs when the result of the offense is 23 the damages incurred by the owner of the agricultural 24 animal facility of more than three hundred dollars but 25 not more than one thousand dollars. A person convicted 26 of agricultural animal facility tampering in the fourth 27 degree is guilty of a serious misdemeanor. 28 e. Agricultural animal facility tampering in the 29 fifth degree occurs when the result of the offense 30 is damages incurred by the owner of the agricultural 31 animal facility of three hundred dollars or less. A 32 person convicted of agricultural animal facility 33 tampering in the fifth degree is guilty of a simple 34 misdemeanor. 35 3. A person who participates in a conspiracy to 36 commit the offense of agricultural animal facility 37 tampering, and who acts in furtherance of that 38 commission, is guilty of the same offense as the 39 person convicted of committing the offense on or in the 40 agricultural animal facility. 41 4. A person convicted of agricultural animal 42 facility tampering is subject to an order of 43 restitution as provided in chapter 910. 44 5. In determining the value of damages incurred 45 by an owner of an agricultural animal facility under 46 this section, a court shall calculate the actual and 47 consequential pecuniary losses resulting from the 48 commission of the offense. 49 Sec. 10. NEW SECTION . 717A.2A Agricultural animal 50 -3- HF589.1490 (2) 84 da/rj 3/ 9

facility interference. 1 1. A person is guilty of agricultural animal 2 facility interference, if the person acts without the 3 consent of the owner of an agricultural animal facility 4 to willfully do any of the following: 5 a. Produce a record which reproduces an image or 6 sound occurring at the agricultural animal facility as 7 follows: 8 (1) The record must be created by the person while 9 at the agricultural animal facility. 10 (2) The record must be a reproduction of a visual 11 or audio experience occurring at the agricultural 12 animal facility, including but not limited to a 13 photographic or audio medium. 14 b. Possess or distribute a record which produces 15 an image or sound occurring at the agricultural animal 16 facility which was produced as provided in paragraph 17 “a” . 18 c. Exercise control over the agricultural animal 19 facility including an agricultural animal maintained 20 at the agricultural animal facility or other property 21 kept at the agricultural animal facility, with intent 22 to deprive the agricultural animal facility of the 23 agricultural animal or property. 24 d. Enter onto the agricultural animal facility, 25 or remain at the agricultural animalfacility, if the 26 person has notice that the facility is not open to 27 the public. A person has notice that an agricultural 28 animal facility is not open to the public if the person 29 is provided notice before entering onto the facility, 30 or the person refuses to immediately leave the facility 31 after being informed to leave. The notice may be in 32 the form of a written or verbal communication by the 33 owner, a fence or other enclosure designed to exclude 34 intruders or contain agricultural animals, or a sign 35 posted which is reasonably likely to come to the 36 attention of an intruder and which indicates that entry 37 is forbidden. 38 2. A person who commits the offense of agricultural 39 animal facility interference is guilty of the 40 following: 41 a. For the first conviction, the person is guilty 42 of an aggravated misdemeanor. 43 b. For a second or subsequent conviction, the 44 person is guilty of a class “D” felony. 45 3. A person convicted of agricultural animal 46 facility interference is subject to an order of 47 restitution as provided in chapter 910. 48 Sec. 11. NEW SECTION . 717A.2B Agricultural animal 49 facility fraud. 50 -4- HF589.1490 (2) 84 da/rj 4/ 9

1. A person is guilty of agricultural animal 1 facility fraud, if the person willfully does any of the 2 following: 3 a. Obtains access to an agricultural animal 4 facility by false pretenses for the purpose of 5 committing an act not authorized by the owner of the 6 agricultural animal facility. 7 b. Makes a false statement or representation 8 as part of an application to be employed at the 9 agricultural animal facility, if the person knows it 10 to be false. 11 2. A person who commits the offense of agricultural 12 animal facility fraud is guilty of the following: 13 a. For the first conviction, the person is guilty 14 of an aggravated misdemeanor. 15 b. For a second or subsequent conviction, the 16 person is guilty of a class “D” felony. 17 3. A person convicted of agricultural animal 18 facility fraud is subject to an order of restitution 19 as provided in chapter 910. 20 Sec. 12. NEW SECTION . 717A.2C Agricultural animal 21 facilities —— civil actions. 22 1. A person suffering damages resulting from the 23 commission of agricultural animal facility tampering 24 as provided in section 717A.2 or agricultural animal 25 facility interference as provided in section 717A.2A 26 may bring an action in the district court against 27 the person causing the damages to recover all of the 28 following: 29 a. An amount equaling three times all actual and 30 consequential damages. 31 b. Court costs and reasonable attorney fees. 32 2. In addition to awarding damages as provided in 33 subsection 1, a court may grant any equitable relief 34 that the court determines is appropriate. Nothing in 35 this chapter shall prevent a party from petitioning a 36 court for equitable relief. 37 Sec. 13. NEW SECTION . 717A.2D Agricultural animal 38 facilities —— exceptions. 39 1. Section 717A.2 or 717A.2A does not prohibit any 40 conduct of a person holding a legal interest in an 41 agricultural animal facility, an agricultural animal 42 maintained at the agricultural animal facility, or 43 other property kept at the agricultural animal facility 44 which legal interest is superior to the legal interest 45 held by a person incurring damages resulting from the 46 conduct. 47 2. Section 717A.2 or 717A.2A does not apply to any 48 of the following: 49 a. A governmental agency or officer who is taking 50 -5- HF589.1490 (2) 84 da/rj 5/ 9

lawful action involving an agricultural animal 1 facility, an agricultural animal maintained at the 2 agricultural animal facility, or other property kept at 3 the agricultural animal facility. 4 b. A licensed veterinarian practicing veterinary 5 medicine as provided in chapter 169 and according to 6 customary standards of care. 7 c. An animal shelter as defined in section 162.2. 8 d. A representative of a nonprofit organization 9 present for the purpose of informing the public of an 10 illegal activity observed at the agricultural animal 11 facility. 12 Sec. 14. Section 717A.3, Code 2011, is amended by 13 striking the section and inserting in lieu thereof the 14 following: 15 717A.3 Crop operation tampering. 16 1. A person is guilty of crop operation tampering 17 if the person acts without the consent of the owner of 18 a crop operation to willfully do any of the following: 19 a. Damage, destroy, or alter property kept at the 20 crop operation, including but not limited to land, 21 fixtures, structures, equipment, machinery, vehicles, 22 records, or computer software or data. 23 b. Destroy or injure a crop maintained at a crop 24 operation, including by an act of violence or the 25 transmission of a disease including but not limited to 26 any disease or pests. 27 c. Take by theft a crop maintained or other 28 personal property kept at the crop operation. 29 d. Disrupt operations conducted at the crop 30 operation, if the operations directly relate to 31 agricultural production, crop maintenance, educational 32 or scientific purposes, or horticultural care. 33 2. A person who commits the offense of crop 34 operation tampering is guilty of the following: 35 a. Crop operation tampering in the first degree 36 occurs when the result of the offense is damages 37 incurred by the owner of more than one hundred 38 thousand dollars. A person convicted of crop operation 39 tampering in the first degree is guilty of a class “C” 40 felony. 41 b. Crop operation tampering in the second degree 42 occurs when the result of the offense is damages 43 incurred by the owner of the crop operation of more 44 than ten thousand dollars but not more than one hundred 45 thousand dollars. A person convicted of crop operation 46 tampering in the second degree is guilty of a class “D” 47 felony. 48 c. Crop operation tampering in the third degree 49 occurs when the result of the offense is damages 50 -6- HF589.1490 (2) 84 da/rj 6/ 9

incurred by the owner of the crop operation of more 1 than one thousand dollars but not more than ten 2 thousand dollars. A person convicted of crop operation 3 property tampering in the third degree is guilty of an 4 aggravated misdemeanor. 5 d. Crop operation tampering in the fourth degree 6 occurs when the result of the offense is damages 7 incurred by the owner of the crop operation of more 8 than three hundred dollars but not more than one 9 thousand dollars. A person convicted of crop operation 10 tampering in the fourth degree is guilty of a serious 11 misdemeanor. 12 e. Crop operation tampering in the fifth degree 13 occurs when the result of the offense is damages 14 incurred by the owner of the crop operation of three 15 hundred dollars or less. A person convicted of crop 16 operation tampering in the fifth degree is guilty of a 17 simple misdemeanor. 18 3. A person who participates in a conspiracy to 19 commit the offense of crop operation tampering, and who 20 acts in furtherance of that commission, is guilty of 21 the same offense as the person convicted of committing 22 the offense on or in the crop operation. 23 4. A person convicted of crop operation tampering 24 is subject to an order of restitution as provided in 25 chapter 910. 26 5. In determining the value of damages incurred 27 under this section, a court shall calculate the actual 28 and consequential pecuniary losses resulting from the 29 commission of the offense. 30 Sec. 15. NEW SECTION . 717A.3A Crop operation 31 interference. 32 1. A person is guilty of crop operation 33 interference, if the person acts without the consent 34 of the owner of a crop operation to willfully do any 35 of the following: 36 a. Produce a record which reproduces an image or 37 sound occurring at the crop operation as follows: 38 (1) The record must be created by the person while 39 at the crop operation. 40 (2) The record must be a reproduction of a visual 41 or audio experience occurring at the crop operation, 42 including but not limited to a photographic or audio 43 medium. 44 b. Possess or distribute a record which produces an 45 image or sound occurring at the crop operation which 46 was produced as provided in paragraph “a” . 47 c. Exercise control over the crop operation, 48 including a crop maintained at the crop operation or 49 other property kept at the crop operation, with intent 50 -7- HF589.1490 (2) 84 da/rj 7/ 9

to deprive the crop operation of the crop or property. 1 d. Enter onto the crop operation, or remain on 2 or in the crop operation, if the person has notice 3 that the crop operation is not open to the public. A 4 person has notice that a crop operation is not open 5 to the public if the person is provided notice before 6 entering onto the crop operation, or the person refuses 7 to immediately leave the crop operation after being 8 informed to leave. The notice may be in the form of a 9 written or verbal communication by the owner, a fence 10 or other enclosure designed to exclude intruders or 11 contain crops, or a sign posted which is reasonably 12 likely to come to the attention of an intruder and 13 which indicates that entry is forbidden. 14 2. A person who commits the offense of crop 15 operation interference is guilty of the following: 16 a. For the first conviction, the person is guilty 17 of an aggravated misdemeanor. 18 b. For a second or subsequent conviction, the 19 person is guilty of a class “D” felony. 20 3. A person convicted of crop operation 21 interference is subject to an order of restitution as 22 provided in chapter 910. 23 Sec. 16. NEW SECTION . 717A.3B Crop operation 24 fraud. 25 1. A person is guilty of crop operation fraud, if 26 the person willfully does any of the following: 27 a. Obtains access to a crop operation by false 28 pretenses for the purpose of committing an act not 29 authorized by the owner of the crop operation. 30 b. Makes a false statement or representation 31 as part of an application to be employed at a crop 32 operation, if the person knows it to be false. 33 2. A person who commits the offense of crop 34 operation fraud is guilty of the following: 35 a. For the first conviction, the person is guilty 36 of an aggravated misdemeanor. 37 b. For a second or subsequent conviction, the 38 person is guilty of a class “D” felony. 39 3. A person convicted of crop operation fraud 40 is subject to an order of restitution as provided in 41 chapter 910. 42 Sec. 17. NEW SECTION . 717A.3C Crop operations —— 43 civil actions. 44 1. A person suffering damages resulting from the 45 commission of crop operation tampering as provided 46 in section 717A.3 or crop operation interference as 47 provided in section 717A.3A may bring an action in the 48 district court against the person causing the damage to 49 recover all of the following: 50 -8- HF589.1490 (2) 84 da/rj 8/ 9

a. An amount equaling three times all actual and 1 consequential damages. 2 b. Court costs and reasonable attorney fees. 3 2. In addition to awarding damages as provided in 4 subsection 1, a court may grant any equitable relief 5 that the court determines is appropriate. Nothing in 6 this chapter shall prevent a party from petitioning a 7 court for equitable relief. 8 Sec. 18. NEW SECTION . 717A.3D Crop operations —— 9 exceptions. 10 1. Section 717A.3 or 717A.3A does not prohibit any 11 conduct of a person holding a legal interest in a crop 12 operation, a crop maintained at the crop operation, or 13 other property kept at the crop operation which legal 14 interest is superior to the legal interest held by a 15 person incurring damages resulting from the conduct. 16 2. Section 717A.3 or 717A.3A does not apply to a 17 governmental agency or officer who is taking lawful 18 action involving a crop operation, a crop maintained 19 at the crop operation, or other property kept at the 20 crop operation. 21 Sec. 19. Section 717A.4, subsection 1, Code 2011, 22 is amended to read as follows: 23 1. Except as provided in subsection 2 , a person 24 shall not willfully possess, transport, or transfer a 25 pathogen with an intent to threaten the health of an 26 agricultural animal or crop. 27 a. For agricultural animals, a pathogen restricted 28 under this section shall be limited to a biological 29 agent or toxin listed in 9 C.F.R. § 121.2(b), as that 30 list exists on January 1, 2004. 31 b. For crops, a pathogen restricted under this 32 section shall be limited to a biological agent or toxin 33 listed in 7 C.F.R. § 331.3, as that list exists on 34 January 1, 2004. > 35 2. By renumbering as necessary. 36 ______________________________ LYKAM of Scott -9- HF589.1490 (2) 84 da/rj 9/ 9 #2.