Amend House File 589 as follows:
   1.  By striking everything after the enacting clause and inserting: 
   Section 1.  Section 717A.1, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  “Agricultural animal facility”or“facility” means a location where an agricultural animal is maintained, including but not limited to a location dedicated to farming as defined in section 9H.1, a livestock market, or an exhibition.
   Sec. 2.  Section 717A.1, subsection 2, Code 2011, is amended to read as follows:
   2.  “Agricultural production” means any activity related to maintaining an agricultural animal at an agricultural animal facility or a crop on crop operation property.
   Sec. 3.  Section 717A.1, subsections 3 and 4, Code 2011, are amended by striking the subsections.
   Sec. 4.  Section 717A.1, subsection 7, Code 2011, is amended to read as follows:
   7.  “Crop operation” means a commercial enterprise where a crop is maintained on the property of the commercial enterprise location where a crop is maintained, including but not limited to a crop field, orchard, nursery, greenhouse, garden, elevator, seedhouse, barn, or warehouse.
   Sec. 5.  Section 717A.1, subsection 9, paragraph a, Code 2011, is amended to read as follows:
   a.  For an agricultural animal maintained at an agricultural animal facility or property belonging to kept at an agricultural animal facility,“deprive”means to do any of the following:
   (1)  Withhold the agricultural animal or property for a period of time sufficient to significantly reduce the value or enjoyment of the agricultural animal or property.
   (2)  Withhold the agricultural animal or property for ransom or upon condition to restore the agricultural animal or property in return for compensation.
   (3)  Dispose of the agricultural animal or property in a manner that makes recovery of the agricultural animal or property by its owner unlikely.
   Sec. 6.  Section 717A.1, subsection 10, paragraph a, Code 2011, is amended to read as follows:
   a.  Keep and provide for the care and feeding of any agricultural animal, including any activity relating to confining, handling, breeding, transporting, or exhibiting the animal.
   Sec. 7.  Section 717A.1, subsection 11, paragraphs a and b, Code 2011, are amended to read as follows:
   a.  A person, including a public or private entity, who has a legal interest in an agricultural animal maintained at the agricultural animal facility or other property belonging to kept at anagricultural animal facility, or a person who is authorized by the holder of the legal interest to act on the holder’s behalf in maintaining the animal or keeping the other property.
   b.  A person, including a public or private entity, who has a legal interest in a crop maintained at the crop operation or crop operation other property kept at the crop operation, or a person who is authorized by the holder of the legal interest to act on the holder’s behalf in maintaining the crop or keeping the other property.
   Sec. 8.  Section 717A.1, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  11A.  “Record” means any printed, inscribed, visual, or audio information that is placed or stored on a tangible medium, and that may be accessed in a perceivable form, including but not limited to any paper or electronic format.
   Sec. 9.  Section 717A.2, Code 2011, is amended by striking the section and inserting in lieu thereof the following:
   717A.2  Agricultural animal facility tampering.
   1.  A person is guilty of agricultural animal facility tampering if the person acts without the consent of the owner of an agricultural animal facility to willfully do any of the following:
   a.  Damage, destroy, or alter property kept at the agricultural animal facility, including but not limited to land, fixtures, structures, equipment, machinery, vehicles, records, or computer software or data.
   b.  Kill or injure an agricultural animal maintained at the agricultural animalfacility, including by an act of violence or the transmission of a disease including but not limited to any infectious or contagious disease designated by the department of agriculture and land stewardship pursuant to section 163.2.
   c.  Take by theft an agricultural animal maintained or other property kept at the agricultural animal facility.
   d.  Disrupt operations conducted at the agricultural animal facility, if the operations directly relate to agricultural production, agricultural animal maintenance, educational or scientific purposes, or veterinary care.
   2.  A person who commits the offense of agricultural animal facility tampering is guilty of the following:
   a.  Agricultural animal facility tampering in the first degree occurs when the result of the offense is damages incurred by the owner of the agricultural animal facility of more than one hundred thousand dollars. A person convicted of agricultural animal facility tampering in the first degree is guilty of a class “C” felony.
   b.  Agricultural animal facility tampering in the second degree occurs when the result of the offense is damages incurred by the owner of the agricultural animal facility of more than ten thousand dollars but not more than one hundred thousand dollars. A person convicted of agricultural animal facility tampering in the second degree is guilty of a class “D” felony.
   c.  Agricultural animal facility tampering in the third degree occurs when the result of the offense is damages incurred by the owner of the agricultural animal facility of more than one thousand dollars but not more than ten thousand dollars. A person convicted of agricultural animal facility tampering in the third degree is guilty of an aggravated misdemeanor.
   d.  Agricultural animal facility tampering in the fourth degree occurs when the result of the offense is the damages incurred by the owner of the agricultural animal facility of more than three hundred dollars but not more than one thousand dollars. A person convicted of agricultural animal facility tampering in the fourth degree is guilty of a serious misdemeanor.
   e.  Agricultural animal facility tampering in the fifth degree occurs when the result of the offense is damages incurred by the owner of the agricultural animal facility of three hundred dollars or less. A person convicted of agricultural animal facility tampering in the fifth degree is guilty of a simple misdemeanor.
   3.  A person who participates in a conspiracy to commit the offense of agricultural animal facility tampering, and who acts in furtherance of that commission, is guilty of the same offense as the person convicted of committing the offense on or in the agricultural animal facility.
   4.  A person convicted of agricultural animal facility tampering is subject to an order of restitution as provided in chapter 910.
   5.  In determining the value of damages incurred by an owner of an agricultural animal facility under this section, a court shall calculate the actual and consequential pecuniary losses resulting from the commission of the offense.
   Sec. 10.  NEW SECTION.  717A.2A  Agricultural animal facility interference.
   1.  A person is guilty of agricultural animal facility interference, if the person acts without the consent of the owner of an agricultural animal facility to willfully do any of the following:
   a.  Produce a record which reproduces an image or sound occurring at the agricultural animal facility as follows:
   (1)  The record must be created by the person while at the agricultural animal facility.
   (2)  The record must be a reproduction of a visual or audio experience occurring at the agricultural animal facility, including but not limited to a photographic or audio medium.
   b.  Possess or distribute a record which produces an image or sound occurring at the agricultural animal facility which was produced as provided in paragraph “a”.
   c.  Exercise control over the agricultural animal facility including an agricultural animal maintained at the agricultural animal facility or other property kept at the agricultural animal facility, with intent to deprive the agricultural animal facility of the agricultural animal or property.
   d.  Enter onto the agricultural animal facility, or remain at the agricultural animalfacility, if the person has notice that the facility is not open to the public. A person has notice that an agricultural animal facility is not open to the public if the person is provided notice before entering onto the facility, or the person refuses to immediately leave the facility after being informed to leave. The notice may be in the form of a written or verbal communication by the owner, a fence or other enclosure designed to exclude intruders or contain agricultural animals, or a sign posted which is reasonably likely to come to the attention of an intruder and which indicates that entry is forbidden.
   2.  A person who commits the offense of agricultural animal facility interference is guilty of the following:
   a.  For the first conviction, the person is guilty of an aggravated misdemeanor.
   b.  For a second or subsequent conviction, the person is guilty of a class “D” felony.
   3.  A person convicted of agricultural animal facility interference is subject to an order of restitution as provided in chapter 910.
   Sec. 11.  NEW SECTION.  717A.2B  Agricultural animal facility fraud.
   1.  A person is guilty of agricultural animal facility fraud, if the person willfully does any of the following:
   a.  Obtains access to an agricultural animal facility by false pretenses for the purpose of committing an act not authorized by the owner of the agricultural animal facility.
   b.  Makes a false statement or representation as part of an application to be employed at the agricultural animal facility, if the person knows it to be false.
   2.  A person who commits the offense of agricultural animal facility fraud is guilty of the following:
   a.  For the first conviction, the person is guilty of an aggravated misdemeanor.
   b.  For a second or subsequent conviction, the person is guilty of a class “D” felony.
   3.  A person convicted of agricultural animal facility fraud is subject to an order of restitution as provided in chapter 910.
   Sec. 12.  NEW SECTION.  717A.2C  Agricultural animal facilities —— civil actions.
   1.  A person suffering damages resulting from the commission of agricultural animal facility tampering as provided in section 717A.2 or agricultural animal facility interference as provided in section 717A.2A may bring an action in the district court against the person causing the damages to recover all of the following:
   a.  An amount equaling three times all actual and consequential damages.
   b.  Court costs and reasonable attorney fees.
   2.  In addition to awarding damages as provided in subsection 1, a court may grant any equitable relief that the court determines is appropriate. Nothing in this chapter shall prevent a party from petitioning a court for equitable relief.
   Sec. 13.  NEW SECTION.  717A.2D  Agricultural animal facilities —— exceptions.
   1.  Section 717A.2 or 717A.2A does not prohibit any conduct of a person holding a legal interest in an agricultural animal facility, an agricultural animal maintained at the agricultural animal facility, or other property kept at the agricultural animal facility which legal interest is superior to the legal interest held by a person incurring damages resulting from the conduct.
   2.  Section 717A.2 or 717A.2A does not apply to any of the following:
   a.  A governmental agency or officer who is taking lawful action involving an agricultural animal facility, an agricultural animal maintained at the agricultural animal facility, or other property kept at the agricultural animal facility.
   b.  A licensed veterinarian practicing veterinary medicine as provided in chapter 169 and according to customary standards of care.
   c.  An animal shelter as defined in section 162.2.
   d.  A representative of a nonprofit organization present for the purpose of informing the public of an illegal activity observed at the agricultural animal facility.
   Sec. 14.  Section 717A.3, Code 2011, is amended by striking the section and inserting in lieu thereof the following:
   717A.3  Crop operation tampering.
   1.  A person is guilty of crop operation tampering if the person acts without the consent of the owner of a crop operation to willfully do any of the following:
   a.  Damage, destroy, or alter property kept at the crop operation, including but not limited to land, fixtures, structures, equipment, machinery, vehicles, records, or computer software or data.
   b.  Destroy or injure a crop maintained at a crop operation, including by an act of violence or the transmission of a disease including but not limited to any disease or pests.
   c.  Take by theft a crop maintained or other personal property kept at the crop operation.
   d.  Disrupt operations conducted at the crop operation, if the operations directly relate to agricultural production, crop maintenance, educational or scientific purposes, or horticultural care.
   2.  A person who commits the offense of crop operation tampering is guilty of the following:
   a.  Crop operation tampering in the first degree occurs when the result of the offense is damages incurred by the owner of more than one hundred thousand dollars. A person convicted of crop operation tampering in the first degree is guilty of a class “C” felony.
   b.  Crop operation tampering in the second degree occurs when the result of the offense is damages incurred by the owner of the crop operation of more than ten thousand dollars but not more than one hundred thousand dollars. A person convicted of crop operation tampering in the second degree is guilty of a class “D” felony.
   c.  Crop operation tampering in the third degree occurs when the result of the offense is damages incurred by the owner of the crop operation of more than one thousand dollars but not more than ten thousand dollars. A person convicted of crop operation property tampering in the third degree is guilty of an aggravated misdemeanor.
   d.  Crop operation tampering in the fourth degree occurs when the result of the offense is damages incurred by the owner of the crop operation of more than three hundred dollars but not more than one thousand dollars. A person convicted of crop operation tampering in the fourth degree is guilty of a serious misdemeanor.
   e.  Crop operation tampering in the fifth degree occurs when the result of the offense is damages incurred by the owner of the crop operation of three hundred dollars or less. A person convicted of crop operation tampering in the fifth degree is guilty of a simple misdemeanor.
   3.  A person who participates in a conspiracy to commit the offense of crop operation tampering, and who acts in furtherance of that commission, is guilty of the same offense as the person convicted of committing the offense on or in the crop operation.
   4.  A person convicted of crop operation tampering is subject to an order of restitution as provided in chapter 910.
   5.  In determining the value of damages incurred under this section, a court shall calculate the actual and consequential pecuniary losses resulting from the commission of the offense.
   Sec. 15.  NEW SECTION.  717A.3A  Crop operation interference.
   1.  A person is guilty of crop operation interference, if the person acts without the consent of the owner of a crop operation to willfully do any of the following:
   a.  Produce a record which reproduces an image or sound occurring at the crop operation as follows:
   (1)  The record must be created by the person while at the crop operation.
   (2)  The record must be a reproduction of a visual or audio experience occurring at the crop operation, including but not limited to a photographic or audio medium.
   b.  Possess or distribute a record which produces an image or sound occurring at the crop operation which was produced as provided in paragraph “a”.
   c.  Exercise control over the crop operation, including a crop maintained at the crop operation or other property kept at the crop operation, with intent to deprive the crop operation of the crop or property.
   d.  Enter onto the crop operation, or remain on or in the crop operation, if the person has notice that the crop operation is not open to the public. A person has notice that a crop operation is not open to the public if the person is provided notice before entering onto the crop operation, or the person refuses to immediately leave the crop operation after being informed to leave. The notice may be in the form of a written or verbal communication by the owner, a fence or other enclosure designed to exclude intruders or contain crops, or a sign posted which is reasonably likely to come to the attention of an intruder and which indicates that entry is forbidden.
   2.  A person who commits the offense of crop operation interference is guilty of the following:
   a.  For the first conviction, the person is guilty of an aggravated misdemeanor.
   b.  For a second or subsequent conviction, the person is guilty of a class “D” felony.
   3.  A person convicted of crop operation interference is subject to an order of restitution as provided in chapter 910.
   Sec. 16.  NEW SECTION.  717A.3B  Crop operation fraud.
   1.  A person is guilty of crop operation fraud, if the person willfully does any of the following:
   a.  Obtains access to a crop operation by false pretenses for the purpose of committing an act not authorized by the owner of the crop operation.
   b.  Makes a false statement or representation as part of an application to be employed at a crop operation, if the person knows it to be false.
   2.  A person who commits the offense of crop operation fraud is guilty of the following:
   a.  For the first conviction, the person is guilty of an aggravated misdemeanor.
   b.  For a second or subsequent conviction, the person is guilty of a class “D” felony.
   3.  A person convicted of crop operation fraud is subject to an order of restitution as provided in chapter 910.
   Sec. 17.  NEW SECTION.  717A.3C  Crop operations —— civil actions.
   1.  A person suffering damages resulting from the commission of crop operation tampering as provided in section 717A.3 or crop operation interference as provided in section 717A.3A may bring an action in the district court against the person causing the damage to recover all of the following:
   a.  An amount equaling three times all actual and consequential damages.
   b.  Court costs and reasonable attorney fees.
   2.  In addition to awarding damages as provided in subsection 1, a court may grant any equitable relief that the court determines is appropriate. Nothing in this chapter shall prevent a party from petitioning a court for equitable relief.
   Sec. 18.  NEW SECTION.  717A.3D  Crop operations —— exceptions.
   1.  Section 717A.3 or 717A.3A does not prohibit any conduct of a person holding a legal interest in a crop operation, a crop maintained at the crop operation, or other property kept at the crop operation which legal interest is superior to the legal interest held by a person incurring damages resulting from the conduct.
   2.  Section 717A.3 or 717A.3A does not apply to a governmental agency or officer who is taking lawful action involving a crop operation, a crop maintained at the crop operation, or other property kept at the crop operation.
   Sec. 19.  Section 717A.4, subsection 1, Code 2011, is amended to read as follows:
   1.  Except as provided in subsection 2, a person shall not willfully possess, transport, or transfer a pathogen with an intent to threaten the health of an agricultural animal or crop.
   a.  For agricultural animals, a pathogen restricted under this section shall be limited to a biological agent or toxin listed in 9 C.F.R. § 121.2(b), as that list exists on January 1, 2004.
   b.  For crops, a pathogen restricted under this section shall be limited to a biological agent or toxin listed in 7 C.F.R. § 331.3, as that list exists on January 1, 2004.>
   2.  By renumbering as necessary.

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LYKAM of Scott