Agriculture Committee Report – Week 8, 2019

COMMITTEE ACTION:

SSB 1217 – Weight limits

SSB 1227 – Agricultural production facility trespass

SF 370 – Pesticides enforcement fund

SF 57 – Increase criminal penalty for animal abuse

 

COMMITTEE ACTION:

SSB 1217 – Weight limits

SSB 1217 increases the weight limits of self-propelled implements of husbandry on roads and bridges to 25,000 pounds to mirror weight limits for other agricultural equipment.
[3/7: short form]

 

SSB 1227 – Agricultural production facility trespass

SSB 1227 creates a criminal offense of “agricultural production facility trespass” for a person who, through an act of deception:

  1. Obtains access to an agricultural production facility that is not open to the public, with the intent to cause physical or economic harm.
  2. Obtains employment at an agricultural production facility with the intent to cause physical or economic harm.

A person who commits agricultural production facility trespass is guilty of a serious misdemeanor for the first offense and an aggravated misdemeanor for a second or subsequent offense. A person who conspires with another to commit agricultural production facility trespass is guilty of a serious misdemeanor for the first offense and an aggravated misdemeanor for a second or subsequent offense. The bill is effective upon enactment.

In 2012, the new crime of “agricultural production facility fraud” was created by the Legislature after several industrial farm investigations brought national attention to Iowa’s agricultural industry. Lawmakers described the bill—commonly known as the “ag gag” law—as responsive to two primary concerns of the agricultural industry: facility security (biosecurity/security of private property) and harms that accompany investigative reporting.

The 2012 law outlaws (a) obtaining access to an agricultural production facility by false pretenses and (b) making a false statement or representation as part of a job application at such facility, if the person knows the statement to be false, and making the statement with intent to commit an act not authorized by the owner of the facility, knowing the action is not authorized. A collection of groups, including the ACLU, challenged the 2012 law in court. A recent 2019 ruling by federal Judge James Gritzner overturned the law.
[3/7: 9-4 (No: Mathis, Ragan, R. Taylor, Wahls)]

 

SF 370 – Pesticides enforcement fund

SF 370, as amended in committee, creates a new “pesticide administration and enforcement fund” within the Iowa Department of Ag and Land Stewardship (IDALS). Currently, the fees are paid to the state general fund, but will now go to IDALS. By law, a private or public entity must obtain a pesticide three-year applicator license.
[3/7: short form]

 

SF 57 – Increase criminal penalty for animal abuse

SF 57 would make a second act of animal abuse a Class D felony, which is punishable by up to five years in prison and a fine between $750 and $7,500. The bill is aimed at bad actors in animal breeding operations and kennels. The legislation would not impact livestock, wildlife or pet owners. Animal protection groups and pet breeders agreed on amendment language, adopted in committee, that notes breeders following the standard of care in chapter 162.2 would not be defined as abuse or negligence in the future.
[3/7: 10-3 (No: Costello, Elder, Sweeney)