Amend House File 589, as amended, passed, and reprinted by the House, as follows:
   1.  By striking everything after the enacting clause and inserting: 
   Section 1.  Section 716.7, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.
  2A.  a.  As used in this subsection, unless the context otherwise requires:
   (1)  “Agricultural employee” means a person who works on agricultural premises by performing labor or furnishing services on a full-time or part-time basis.
   (2)  “Agricultural operation” means a person, including but not limited to an individual or business association as defined in section 202B.102, who holds a legal interest in an agricultural premises.
   (3)  “Agricultural premises” means real property where agricultural production occurs.
   (4)  “Agricultural production” means to do any of the following:
   (a)  Keep and provide for the care and feeding of any agricultural animal as defined in section 717A.1, including but not limited to any activity relating to confining, handling, breeding, transporting, or exhibiting the agricultural animal.
   (b)  Keep and preserve any crop as defined in section 717A.1, by planting, nurturing, harvesting, and storing the crop, or by storing, planting, or nurturing the crop’s seed.
   (5)  “Agricultural property” means an agricultural premises, or personal property located on an agricultural premises. 
   (6)  “Constructive notice” includes but is not limited to a sign posted on the boundary of an agricultural premises which is reasonably likely to come to the attention of a person entering onto the agricultural premises.
   (7)  “Recording device” means an instrument capable of placing or storing a visual or audio reproduction in a tangible medium that can be accessed in a perceivable form.
   b.  The term“trespass” shall mean doing any of the following:
   (1)  Entering onto an agricultural premises, if the person so entering has actual or constructive notice that the agricultural operation prohibits the person from entering onto the agricultural premises without the agricultural operation’s express, oral or written permission.
   (2)  Remaining on an agricultural premises, if the person so remaining has actual or constructive notice that the agricultural operation prohibits the person from remaining on the agricultural premises without the agricultural operation’s express, oral or written permission.
   (3)  Entering onto an agricultural premises with a recording device if the person so entering has actual or constructive notice that the agricultural operation prohibits such entry without the agricultural operation’s express, oral or written permission.
   c.  Trespass occurs under paragraph“b” regardless of whether the person entering onto or remaining on the agricultural premises is or is not an agricultural employee.
   Sec. 2.  Section 716.8, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.
  a.  A person who commits trespass by entering onto an agricultural premises of another, remaining on an agricultural premises of another, or entering onto an agricultural premises of another with a recording device, as provided in section 716.7, subsection 2A, commits the following:
   (1)  For the first conviction, an aggravated misdemeanor.
   (2)  For a second or subsequent conviction, a class “D” felony.
   b.
  (1)  A person who conspires to commit trespass under paragraph“a” is subject to the provisions of chapter 706. A person who aids and abets in the commission of trespass under paragraph“a” is subject to the provisions of chapter 703. When two or more persons, acting in concert, knowingly participate in committing trespass under paragraph “a”, each person is responsible for the acts of the other person as provided in section 703.2. A person who has knowledge that a trespass has been committed under paragraph“a”and that a certain person committed it, and who does not stand in the relation of husband or wife to the person committing the trespass, and who harbors, aids, or conceals the person committing the trespass, with the intent to prevent the apprehension of the person committing the trespass, is subject to section 703.3.
   (2)  A trial information or an indictment need not contain allegations of vicarious liability as provided in chapter 703.
   c.  It shall be an affirmative defense to a prosecution under this subsection that a defendant acted as a whistle-blower. In order to assert the affirmative defense of acting as a whistle-blower, all of the following must apply: 
   (1)  Prior to committing the trespass, the defendant had reasonable cause to believe that a criminal offense affecting livestock production was being committed on the agricultural premises, regardless of whether a criminal offense was actually committed.
   (2)  The defendant could not have witnessed the criminal offense described in subparagraph (1) without committing the trespass.
   (3)  The defendant was not involved in the commission of any criminal offense described in subparagraph (1) other than the trespass after entering onto the agricultural premises.
   (4)  The defendant reported the commission of the criminal offense described in subparagraph (1), other than the defendant’s own trespass, occurring on the agricultural premises to a state agency or local governmental entity which had jurisdiction to investigate or enforce state law affecting agricultural production, including but not limited to the attorney general, the department of agriculture and land stewardship, an appropriate county attorney, or an appropriate county sheriff. The defendant must have reported the commission of the criminal offense described in subparagraph (1) within seventy-two hours from the time that the defendant first committed the trespass. 
   (5)  The defendant provided the state agency or local governmental entity described in subparagraph (4) with any original, visual or audio recordings made by the defendant which may be used as evidence in a prosecution of the criminal offense described in subparagraph (1). The defendant must have provided the original, visual or audio recordings when reporting the commission of the criminal offense described in subparagraph (1).
   d.  This subsection does not prohibit a person from entering onto or remaining on an agricultural premises if the person is any of the following:
   (1)  A person who holds a legal interest in the agricultural premises or personal property kept on the agricultural premises, which is superior to the legal interest of the agricultural operation.
   (2)  A governmental agency or officer who is taking lawful action involving an agricultural operation or agricultural property.
   (3)  A licensed veterinarian practicing veterinary medicine as provided in chapter 169 according to customary standards of care.
   (4)  An insurance company representative or qualified expert retained by an insurance company for the purpose of investigating a claim, who is taking lawful action in inspecting or examining the agricultural property.>
   2.  Title page, by striking lines 1 and 2 and inserting <An Act relating to conduct occurring on agricultural premises, and providing penalties.>

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THOMAS RIELLY

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DAVID JOHNSON

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JOHN P. KIBBIE

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TIM KAPUCIAN

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DR. JOE M. SENG