Iowa Senate likely to debate contentious agriculture bill

DES MOINES - Two Iowa lawmakers are looking to combat those who obtain access to agricultural production facilities under false pretenses.

Animal abuse activists have frequently taken part in clandestine activities in recent years, such as secretly filming livestock.

A bill sponsored by Sens. Joe Seng, D-Davenport, and Tim Kapucian, R-Keystone would create the crime of “agricultural production facility fraud.” Anyone who conspires with, aids and abets or conceals a person who commits the offense could also be held criminally liable.

The amended version of House File 589 could come before the Iowa Senate as early as Wednesday.

However, Sen. Matt McCoy, D-Des Moines, who said the legislation is “problematic” and creates a protection for the agricultural industry that is not afforded to any other sector, said he will seek to defer debate to allow time to draft changes.

Paul Shapiro of the Humane Society of the United States called the measure “a whistle-blower suppression bill.” t

“They're trying to put lipstick on a pig here,” he said. “If you're going to make it a crime to inflate or exaggerate your resume, then you'd better start investing in prisons.”

Lawmakers last year attempted to make Iowa the first state to criminalize recording farm sights and sounds without prior permission from the farmer or business owner. However, the House-passed measure stalled in the Senate.

Backers said they re-crafted the measure - in consultation with the Iowa Attorney General's Office - in a way that does not restrict the recording or distribution of videos or photographs. Instead, it deals only with fraudulent statements made to obtain access or employment at an animal facility or crop operation property.

Eric Tabor, legislative liaison for the AG's Office, said the original House approach “raised some very serious First Amendment concerns.”

“We made suggestions to them to tighten up the language and we think as currently drafted we could defend it in court,” Tabor said Tuesday.

Conviction of a first offense would carry a penalty of up to one year in prison and a fine ranging from $315 up to $1,875. Second or subsequent offenses would be punishable by imprisonment of up to two years and a fine between $625 and $6,250.

Senate Majority Leader Mike Gronstal, D-Council Bluffs, said he had not decided whether to call the bill up for debate today. However, the tentative debate list put out by Gronstal's office late Tuesday afternoon listed HF 589 as the only item.

“Is it possible that something could be considered? Yes,” he said. “I think obviously people have worked on some language to make some changes to what was there last year,” Gronstal said. “We will not pass the version that the House passed.”