BOISE –Senate Bill 1337 — dubbed the “ag-gag” bill, as well as the “dairy-spying bill” — passed through the Idaho House of Representatives by a 56-14 vote, sending it to Gov. C.L. “Butch” Otter’s desk.
The bill arose from a video leaked by an animal rights group containing images of severe cow abuse at a large Southern Idaho dairy, and would criminalize taking or distributing video, recordings and photographs of agricultural operations without owner permission.
Bill sponsors Sen. Jim Patrick, R-Twin Falls, and Rep. Gayle Batt, R-Wilder, said the bill creates a new crime, considered “interference with agricultural production,” and tacks on a penalty of up to one year in jail and up to $5,000 in fines.
“It protects our farm families and cultural operations from extremists who use tactics of threat, force, misrepresentation or trespass to gain access to facilities and gain the information,” Batt said.
She said there are five areas of conduct focused on within the bill, including entering and obtaining information by wrongful means, obtaining employment by wrongful means, entering a private facility without permission and taking audio or video recordings with intent to cause damage.
“Havoc has been brought on a broad spectrum,” Batt said. “Activist groups are waging yet another media campaign to attack the … industry.”
She said the dairyman who owned the dairy from which activists took the video of severe abuse of cows is well known for his compassion toward animals.
“Idaho’s agriculture industry does not condone abuse, plain and simple,” Batt said.
Rep. Linden Bateman, R-Idaho Falls, said he received more mail about this bill than any other issue throughout the session — especially from individuals concerned about animal cruelty.
“We all need to be sensitive to the issue of animal cruelty,” Bateman said. “But the kind of abuse in this vigilante film is not at all characteristic of what goes on in Idaho, or anywhere else in the West — as far as I’m concerned.”
Bateman said most of the opposition to S.B. 1337 is coming from extreme animal-rights activists wishing to get donations for their cause. To which, House Minority Leader John Rushe, D-Lewiston, said Bateman was taking the characterization to extremes, without understanding the application of the bill.
Rep. Grant Burgoyne, D-Boise, said he will not support the bill, because it portrays Idaho agricultural operations in a bad light.
“I’m concerned that this is becoming an issue where the words in the bill probably don’t matter that much,” Burgoyne said. “I think bills like this, and incidents from which these bills come from take on a life of their own.”
He said the bill is creating an unintended dynamic between operators and the public by putting out a perception that Idaho dairies, farms and more are closing the doors to those who may be seriously concerned for breeches of animal safety laws.
The bill has 25 legislative co-sponsors. One of them, Rep. John Vander Woude, R-Nampa, said the bill protects owners’ investments and livelihood.
“I believe as a business owner you have a right — Constitutional rights — to protect your assets,” Vander Woude said.
He said the larger Idaho operations may have up to $125,000 worth of assets and product at any given time, and it’s the duty of lawmakers to establish legislation to protect that.
According to the Spokesman-Review, opponents of the bill delivered a petition with more than 113,000 signatures to Otter’s office Wednesday. Rep. Ilana Rubel, D-Boise, said she sees the bill as a violation of free speech.
“I come to you as an extreme activist for the Bill of Rights,” Rubel said. “To me this looks and quacks like a restriction of speech.”
But Rep. Luke Malek, R-Coeur d’Alene disagreed. He said there is no interpretation of the First Amendment giving individuals the right to trespass and take film and pictures of what they find to be objectionable.
The bill will now move to Otter’s desk for his consideration.
Chloe Rambo can be reached at [email protected]