House File 589 S-3297 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- HF589.2912 (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. A person who has knowledge 34 that a trespass has been committed under paragraph “a” 35 and that a certain person committed it, and who does 36 not stand in the relation of husband or wife to the 37 person committing the trespass, and who harbors, aids, 38 or conceals the person committing the trespass, with 39 the intent to prevent the apprehension of the person 40 committing the trespass, is subject to section 703.3. 41 (2) A trial information or an indictment need not 42 contain allegations of vicarious liability as provided 43 in chapter 703. 44 c. It shall be an affirmative defense to a 45 prosecution under this subsection that a defendant 46 acted as a whistle-blower. In order to assert the 47 affirmative defense of acting as a whistle-blower, all 48 of the following must apply: 49 (1) Prior to committing the trespass, the defendant 50 -2- HF589.2912 (3) 84 da/rj 2/ 4

had reasonable cause to believe that a criminal offense 1 affecting livestock production was being committed on 2 the agricultural premises, regardless of whether a 3 criminal offense was actually committed. 4 (2) The defendant could not have witnessed the 5 criminal offense described in subparagraph (1) without 6 committing the trespass. 7 (3) The defendant was not involved in the 8 commission of any criminal offense described in 9 subparagraph (1) other than the trespass after entering 10 onto the agricultural premises. 11 (4) The defendant reported the commission of 12 the criminal offense described in subparagraph (1), 13 other than the defendant’s own trespass, occurring 14 on the agricultural premises to a state agency or 15 local governmental entity which had jurisdiction to 16 investigate or enforce state law affecting agricultural 17 production, including but not limited to the attorney 18 general, the department of agriculture and land 19 stewardship, an appropriate county attorney, or 20 an appropriate county sheriff. The defendant must 21 have reported the commission of the criminal offense 22 described in subparagraph (1) within seventy-two hours 23 from the time that the defendant first committed the 24 trespass. 25 (5) The defendant provided the state agency or 26 local governmental entity described in subparagraph 27 (4) with any original, visual or audio recordings 28 made by the defendant which may be used as evidence 29 in a prosecution of the criminal offense described in 30 subparagraph (1). The defendant must have provided the 31 original, visual or audio recordings when reporting 32 the commission of the criminal offense described in 33 subparagraph (1). 34 d. This subsection does not prohibit a person from 35 entering onto or remaining on an agricultural premises 36 if the person is any of the following: 37 (1) A person who holds a legal interest in the 38 agricultural premises or personal property kept on the 39 agricultural premises, which is superior to the legal 40 interest of the agricultural operation. 41 (2) A governmental agency or officer who is taking 42 lawful action involving an agricultural operation or 43 agricultural property. 44 (3) A licensed veterinarian practicing veterinary 45 medicine as provided in chapter 169 according to 46 customary standards of care. 47 (4) An insurance company representative or 48 qualified expert retained by an insurance company 49 for the purpose of investigating a claim, who is 50 -3- HF589.2912 (3) 84 da/rj 3/ 4

taking lawful action in inspecting or examining the 1 agricultural property. > 2 2. Title page, by striking lines 1 and 2 and 3 inserting < An Act relating to conduct occurring on 4 agricultural premises, and providing penalties. > 5 ______________________________ THOMAS RIELLY ______________________________ DAVID JOHNSON ______________________________ JOHN P. KIBBIE ______________________________ TIM KAPUCIAN ______________________________ DR. JOE M. SENG -4- HF589.2912 (3) 84 da/rj 4/ 4 #2.