Idaho Ag-Gag

Katharine Gerrity From: bnaerebout@gmail.com on behalf of Bob Naerebout [bob@wdbs.us] Sent: Thursday. January 30, 2014 2:38 PM To: Katharine Gerrity Subject: Fwd: RE: legislation Attachments: ag protection legislation Forwarded message From: "Kane, Brian?I <brian.kane@aa.idaho.aov> Date: Jan 30, 2014 1:57 PM Subject: RE: legislation To: "Dan Steenson" "Bob Naerebout {bobfciiwdbsusr?r Cc: Hi Dan? Attached is your draft with one minor additions?it builds in what we discussed this morning?1 was not thinking on my feet and think that this recommendation directly addresses the question on Law Enforcement and ISDA efi'olts without making it too broad or confusing. Hope this helps. Brian From: Dan Steenson Sent: Thursday, January 30, 2014 12:57 PM To: Kane, Brian; ghatt@house.idaho.gov; Bob Naerebout (bob@wdbs.us) Subject: RE: legislation 1 neglected to include an emergency ciause in the draft I sent with my prior email. This attached version contains an emergency clause. From: Dan Steenson Sent: Thursday, January 30, 2014 12:48 PM To: 'Kane, Brian'; Bob Naerebout (boh@wdbs.us) Subject: legislation 1

Brian, The attached draft incorporates the suggestions you gave us this morning. Please comment on the highlighted change in subsection at page 1, line 34 requiring that consent be express. Thanks again for your review. Dan Daniel V. Stecnson Attorney at Law SAWTOOTH LAW OFFECES. PLLC HUI W. River St? Ste. 110 PO. Box 7985 Boise. ID 83707 Direct: [2081 629-7435 Of?ce: ?203! 629-7447 Fax: {2031 629-7559 dan@sawtoothlaw.com this. LAW

1 IN THE BILL NO. BY AN ACT RELATING TO AMENDING CHAPTER 70, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18?7042, IDAHO CODE, TO PROVIDE THE CRIME OF INTERFERENCE WITH AGRICULTURAL PRODUCTION, TO DEFINE TERMS, TO PROVIDE PENALTIES, TO PROVIDE FOR RESTITUTION, AND TO PROVIDE SEVERAEILITY. Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Chapter 70, Title 18, Idaho Code, be, and is llhereby amended by the addition thereto of a NEW SECTION, to be known 12and designated as Section 18r7042, Idaho Code, be, and to read as 13 follows: 14 15 18-7042. INTERFERENCE WITH AGRICULTURAL PRODUCTION. 16 17 A person commits the crime of interference with agricultural 13production if the person knowingly: 19 20 is not employed by an agricultural production facility Zlenwi enters an agricultural production facility by force, threat, 22ndsrepresentation or trespass; or 23 24 obtains records of an agricultural production facility 25by force, threat, misrepresentation or trespass; or 26 27 obtains employment with an agricultural production 28facility by force, threat, or misrepresentation with the intent to 29cause economic or other injury to the facility?s operations, 301ivestock, crops, owners, personnel, equipment, buildings, premises, 31business interests or customers; or 32 33 enters an agricultural production facility and, without 3Ethe facility owner?s express consent or pursuant to judicial process 3 or statutory authorization, makes audio or video recordings of the 36cnnduct of an agricultural production facility?s operations; or 37 38 intentionally damages or interferes with the 39agricultural production facility's operations, livestock, crops, i?lowners, personnel, equipment, buildings, premises, business 41interests or customers. 4? :3 For purposes of this section: 4 45 ?Agricultural production? means activities associated 46with the production of agricultural products for food, fiber, fuel 47and other lawful uses, and includes, without limitation: [sad

2 1 Construction, expansion, use, maintenance and 2repair of an agricultural production facility; 3 Preparing land for agricultural production; 4 Handling or applying pesticides, herbicides or 50ther chemicals, compounds or substances labeled for insects, pests, ?crops, weeds, water or soil; 7 (4) Planting, irrigating, growing, fertilizing, Sharvesting producing' agricultural, horticultural, floricultural 9and viticultural crops, fruits and vegetable products, field grains, IOseeds, hay, sod and nursery stock, and other plants, plant products, llplant byproducts, plant waste and plant compost; 12 Breeding, hatching, raising, producing, feeding and 13keeping livestock, dairy animals, swine, fur?bearing animals, l4poultry, eggs, fish and other aquatic species, and other animals, ISanimal products and animal byproducts, animal waste, animal compost, 16and bees, bee products and bee byproducts; 17 Processing and packaging agricultural products, ISincluding the processing and packaging of agricultural products into 19food and other agricultural commodities; 20 Manufacturing animal feed: 21 (S) Transporting agricultural products to or from. an 22agricultural facility; 23 Selling agricultural products at a farmers or 24roadside market; 25 ?Agricultural production facility? means any structure 26cm: land, whether privately (If publicly owned, leased.<1r operated, 27that is being used for agricultural production. 28 29 A person found guilty of committing the crime of interference 30with agricultural production shall be guilty of a ndsdemeanor and 3lshall be punished by a term of imprisonment of not more than one 32year or by a fine not in excess of five thousand dollars 33or by both such fine and imprisonment. 34 35 In addition to any other penalty imposed for a violation of 36this section, the court shall require any person convicted, found 37guilty or who pleads guilty to a violation of this section to make 38.restitution to the victin1 of the offense in accordance with the 39ternm of section 19-5304, Idaho Code; provided, that such award i?lshall be in an amount equal to twice the value of the damage 41resu1ting from the violation of this section. 42 43 SECTION 2. Severability. If any one or more provision, 44section, subsection, sentence, clause, phrase or word of this act or 45the application thereof to any person or circumstance, or 46application to any other section. of Idaho Code is found 'Ua be ??unconstitutional, 'the sane: is hereby declared 13: be severable and

3 1the balance of this act shall remain effective notwithstanding such 2unconstitutionality. The Legislature hereby declares that it would 3have passed this act, and each provision, section, subsection, 4sentence, clause, phrase or word thereof, irrespective of the fact 5that any one or more provision, section, subsection, sentence, 6clause, phrase or word be declared unconstitutional. 7 8 STATEMENT OF PURPOSE 9 10 The purpose of this legislation is to protect agricultural llproduction facilities from interference by wrongful conduct by KZproviding penalties for such conduct and restitution to an injured 13 agricultural producer. 14 15 FISCAL NOTE 16 17There are no fiscal impacts. 18 HJContact: 20

Katharine Gerrity From: Michelle O'Brien Sent: Thursday, March 20, 2014 12:13 PM To: Katharine Gerrity Subject: RE: SB 1337 under Agriculture It has been updated. also, I am assuming HCR 62 is in place of HCR 57? From: Katharine Gerrity Sent: Thursday, March 20, 2014 11:33 AM To: Michelle O'Brien Subject: SB 1337 under Agriculture Michelle will you please change my description of SB 1337 to the following: $1337 - Identifies conduct that constitutes the crime of interference with agricultural production, including obtaining employment with an agricultural production facility by force, threat or misrepresentation with the intent to cause economic or other injury to the facility?s operation, and provides for penalties. Thank you

Katharine Gerrity From: Michelle O?Brien Sent: Thursday. March 20. 2014 12:52 PM To: Katharine Gerrity Subject: RE: SB 1337 under Agriculture Someone else had send in the 57. They wili not be on key actions. From: Katharine Gerrity Sent: Thursday, March 20, 2014 12:51 PM To: Michelle O'Brien Subject: RE: SB 133? under Agriculture Yes, for the Sine Die report - but I didn?t submit that as one of my key actions. From: Michelle O?Brien Sent: Thursday, March 20, 2014 12:13 PM To: Katharine Gerrity Subject: RE: SB 133? under Agriculture It has been updated. Aiso, I am assuming HCR 62 is in place of HCR 53?? From: Katharine Gerrity Sent: Thursday, March 20, 2014 11:33 AM To: Michelle O?Brien Subject: SB 1337' under Agriculture Michelle will you please change my description of SB 1337 to the following: 51337 - Identifies conduct that constitutes the crime of interference with agricultural production, including obtaining employment with an agricultural production facility by force, threat or misrepresentation with the intent to cause economic or other injury to the facility?s operation, and provides for penalties. Thank you

Katharine Gerrity From: Katharine Gerrity Sent: Thursday, March 20, 2014 12:53 PM To: Michelle O'Brien Subject: RE: SB 133? under Agriculture OK. 62 should be under natural resources for Sine Die. I'li submit it there with my Sine Die submissions. Thanks From: Michelle O'Brien Sent: Thursday, March 20, 2014 12:52 PM To: Katharine Gerrity Subject: RE: SB 133? under Agriculture Someone eise had send in the They will not be on key actions. From: Katharine Gerrity Sent: Thursday, March 20, 2014 12:51 PM To: Michelle O'Brien Subject: RE: SB 133? under Agriculture Yes, for the Sine Die report but i didn?t submit that as one of my key actions. From: Michelle O'Brien Sent: Thursday, March 20, 2014 12:13 PM To: Katharine Gerrity Subject: RE: SB 133? under Agriculture It has been updated. Aiso, I am assuming HCR 62 is in place of HCR From: Katharine Gerrity Sent: Thursday, March 20, 2014 11:33 AM To: Michelle O'Brien Subject: SB 133? under Agriculture Michelle will you please change my description of SB 133? to the following: 5133? - Identifies conduct that constitutes the crime of interference with agricultural production, including obtaining employment with an agricultural production facility by force, threat or misrepresentation with the intent to cause economic or other injury to the facility?s operation, and provides for penalties. Thank you