House File 589 S-3286 Amend House File 589, as amended, passed, and 1 reprinted by the House, as follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < Section 1. Section 716.7, Code 2011, is amended by 5 adding the following new subsection: 6 NEW SUBSECTION . 2A. a. As used in this 7 subsection, unless the context otherwise requires: 8 (1) “Agricultural employee” means a person who 9 works on agricultural premises by performing labor or 10 furnishing services on a full-time or part-time basis. 11 (2) “Agricultural operation” means a person, 12 including but not limited to an individual or business 13 association as defined in section 202B.102, who holds a 14 legal interest in an agricultural premises. 15 (3) “Agricultural premises” means real property 16 where agricultural production occurs. 17 (4) “Agricultural production” means to do any of the 18 following: 19 (a) Keep and provide for the care and feeding of 20 any agricultural animal as defined in section 717A.1, 21 including but not limited to any activity relating 22 to confining, handling, breeding, transporting, or 23 exhibiting the agricultural animal. 24 (b) Keep and preserve any crop as defined in 25 section 717A.1, by planting, nurturing, harvesting, and 26 storing the crop, or by storing, planting, or nurturing 27 the crop’s seed. 28 (5) “Agricultural property” means an agricultural 29 premises, or personal property located on an 30 agricultural premises. 31 (6) “Constructive notice” includes but is not 32 limited to a sign posted on the boundary of an 33 agricultural premises which is reasonably likely to 34 come to the attention of a person entering onto the 35 agricultural premises. 36 (7) “Recording device” means an instrument capable 37 of placing or storing a visual or audio reproduction in 38 a tangible medium that can be accessed in a perceivable 39 form. 40 b. The term “trespass” shall mean doing any of the 41 following: 42 (1) Entering onto an agricultural premises, if the 43 person so entering has actual or constructive notice 44 that the agricultural operation prohibits the person 45 from entering onto the agricultural premises without 46 the agricultural operation’s express, oral or written 47 permission. 48 (2) Remaining on an agricultural premises, if the 49 person so remaining has actual or constructive notice 50 -1- HF589.2760 (3) 84 da/rj 1/ 4 #1.

that the agricultural operation prohibits the person 1 from remaining on the agricultural premises without 2 the agricultural operation’s express, oral or written 3 permission. 4 (3) Entering onto an agricultural premises with 5 a recording device if the person so entering has 6 actual or constructive notice that the agricultural 7 operation prohibits such entry without the agricultural 8 operation’s express, oral or written permission. 9 c. Trespass occurs under paragraph “b” regardless 10 of whether the person entering onto or remaining on 11 the agricultural premises is or is not an agricultural 12 employee. 13 Sec. 2. Section 716.8, Code 2011, is amended by 14 adding the following new subsection: 15 NEW SUBSECTION . 6. a. A person who commits 16 trespass by entering onto an agricultural premises 17 of another, remaining on an agricultural premises of 18 another, or entering onto an agricultural premises of 19 another with a recording device, as provided in section 20 716.7, subsection 2A, commits the following: 21 (1) For the first conviction, an aggravated 22 misdemeanor. 23 (2) For a second or subsequent conviction, a class 24 “D” felony. 25 b. (1) A person who conspires to commit trespass 26 under paragraph “a” is subject to the provisions of 27 chapter 706. A person who aids and abets in the 28 commission of trespass under paragraph “a” is subject 29 to the provisions of chapter 703. When two or more 30 persons, acting in concert, knowingly participate in 31 committing trespass under paragraph “a” , each person 32 is responsible for the acts of the other person as 33 provided in section 703.2. 34 (2) A trial information or an indictment need not 35 contain allegations of vicarious liability as provided 36 in chapter 703. 37 c. It shall be an affirmative defense to a 38 prosecution under this subsection that a defendant 39 acted as a whistle-blower. In order to assert the 40 affirmative defense of acting as a whistle-blower, all 41 of the following must apply: 42 (1) Prior to committing the trespass, the defendant 43 had reasonable cause to believe that a criminal offense 44 affecting livestock production was being committed on 45 the agricultural premises, regardless of whether a 46 criminal offense was actually committed. 47 (2) The defendant could not have witnessed the 48 criminal offense described in subparagraph (1) without 49 committing the trespass. 50 -2- HF589.2760 (3) 84 da/rj 2/ 4

(3) The defendant was not involved in the 1 commission of any criminal offense described in 2 subparagraph (1) other than the trespass after entering 3 onto the agricultural premises. 4 (4) The defendant reported the commission of 5 the criminal offense described in subparagraph (1), 6 other than the defendant’s own trespass, occurring 7 on the agricultural premises to a state agency or 8 local governmental entity which had jurisdiction to 9 investigate or enforce state law affecting agricultural 10 production, including but not limited to the attorney 11 general, the department of agriculture and land 12 stewardship, an appropriate county attorney, or 13 an appropriate county sheriff. The defendant must 14 have reported the commission of the criminal offense 15 described in subparagraph (1) within seventy-two hours 16 from the time that the defendant first witnessed the 17 criminal offense. 18 (5) The defendant provided the state agency or 19 local governmental entity described in subparagraph (4) 20 with the original and any copies of the visual or audio 21 recordings made by the defendant which may be used 22 as evidence in a prosecution of the criminal offense 23 described in subparagraph (1). The defendant must have 24 provided the original and any copies of the visual or 25 audio recordings when reporting the commission of the 26 criminal offense described in subparagraph (1). 27 d. This subsection does not prohibit a person from 28 entering onto or remaining on an agricultural premises 29 if the person is any of the following: 30 (1) A person who holds a legal interest in the 31 agricultural premises or personal property kept on the 32 agricultural premises, which is superior to the legal 33 interest of the agricultural operation. 34 (2) A governmental agency or officer who is taking 35 lawful action involving an agricultural operation or 36 agricultural property. 37 (3) A licensed veterinarian practicing veterinary 38 medicine as provided in chapter 169 according to 39 customary standards of care. 40 (4) An insurance company representative or 41 qualified expert retained by an insurance company 42 for the purpose of investigating a claim, who is 43 taking lawful action in inspecting or examining the 44 agricultural property. > 45 2. Title page, by striking lines 1 and 2 and 46 inserting < An Act relating to conduct occurring on 47 agricultural premises, and providing penalties. > 48 -3- HF589.2760 (3) 84 da/rj 3/ 4