(Radio Iowa) – A court challenge is expected quickly to what opponents are calling an “ag gag” law that won final Iowa legislative approval this week. Adam Mason, state policy director for Iowa Citizens for Community Improvement, says the bill which criminalizes certain types of trespassing on agricultural properties is waiting on Governor Kim Reynolds’ signature. Mason says if she signs it into law, there will be lawsuits.

“Because this one specifically addresses photo and video evidence, we assume it to be unconstitutional and that was one of our arguments in fighting them,” Mason says. “We do anticipate a court challenge. The question is, who that will be coming from.” While I-C-C-I is considering its next step, Mason says he’s heard animal rights activist Matthew Johnson, who was arrested on trespassing charges at an Iowa pork operation, will likely be taking the issue to court. Mason says his group has multiple worries about the bill.

“Folks who have concerns, either about environmental violations at factory farms,” Mason says. “Or because this law is pretty broad, it could prevent workers inside packing plants or other food processing facilities from documenting workplace violations.” Mason fears this type of measure could have far-reaching impacts and it will take time for the various courts to unravel all of these surrounding issues.

“If folks see something wrong, they should be able to say something but this bill tries to turn that into a crime,” Mason says. “That’s a huge concern for us and it’s going to prevent folks from speaking out when they see either environmental violations or workplace violations.”

Under the bill, knowingly entering private property without the owner’s consent and taking soil and water samples or samples of an animal’s bodily fluids would become an aggravated misdemeanor on the first offense. It carries a maximum sentence of up to two years in prison. A second offense would be a Class D felony punishable by up to five years in prison.

(Radio Iowa) – A bill that criminalizes certain types of trespassing on agricultural properties has passed the Iowa legislature and now awaits Governor Kim Reynolds’ signature. Drew Mogler, the public policy director at the Iowa Pork Producers Association, says it creates new penalties for those found guilty of trespassing to set up surveillance equipment on someone else’s property to secretly capture images or video.

“It does have some important protections for not just our members but really anyone who has private property and that was really the basis of this bill,” Mogler says, “protecting private property rights for folks in the state of Iowa, to have some strong support from some of the business groups in the state as well.” Iowa legislators have been trying for years to enhance trespassing laws in response to undercover operations that target large-scale livestock operations. Mogler says the way the bill was written should help it withstand any possible lawsuits.

“We’ve had trespass laws on the books for quite some time in Iowa, it strengthens those,” Mogler says. “We really believe that should pass the court’s muster and shouldn’t be challenged from that standpoint.” Earlier measures were written as what critics called “ag gag” laws, which were thrown out, although some of those measures are still being argued in court. Mogler says trespassers need to be held accountable and this bill will ensure it happens.

“Producers deserve to be protected from folks who are trespassing on private property or breaking into their properties and trying to do harm,” Mogler says. “This bill will offer more protections for farmers for their private properties and also for other businesses across the state as well.” The measure passed the House on a 72-to-20 vote while the Senate approved it 35-to-11. The governor is expected to sign it into law.

(Radio Iowa) – Iowa Congresswoman Ashley Hinson is co-sponsoring legislation to make a retroactive change in the federal Paycheck Protection Program for some farmers and small business owners. The P-P-P was created last spring and quickly ran out of money. A third round of funding was approved by Congress in December. “Currently, there’s a technicality with the PPP that’s preventing some Iowa farmers and self-employed small business owners from receiving their full PPP forgiveable loan,” Hinson says.

Hinson, a Republican from Marion, and Virginia Congresswoman Abigail Spanberger, a Democrat, are co-sponsoring the bill. Hinson says a technicality had prevented some farmers and self-employed small business owners from using gross income rather than net profit to determine the size of their P-P-P loans.

“Basically it just fixes that disparity, allows the retroactivity and then allows them to recalculate to get the whole payment,” Hinson says, “regardless of what the loan status was before.” The National Federation of Independence Business has endorsed the legislation.

(Radio Iowa) – Iowa Congresswoman Cindy Axne is calling on congressional leaders to include money for the renewable fuels industry in the infrastructure bill they’re crafting. President Biden’s American Jobs Act proposes spending 174 billion to promote development of electric vehicles and install charging stations.  “We’ve also got our homegrown alternatives in clean biofuels that can be readily be put in place immediately,” Axne says, “much more quickly than we can move towards electric vehicles.”

Axne says she’s talked with U-S Ag Secretary Tom Vilsack and Transportation Secretary Pete Buttigieg about ensuring the biofuels sector gets included in the final package. There are more than 284 million registered vehicles in the U.S. — and fewer than half a percent of them run on electricity. Axne says investing now in biofuels infrastructure — like new fuel pumps that dispense higher blends of ethanol in gasoline– would have an immediate impact on air quality.

“We can get into markets more quickly,” Axne says. “We can increase the amount of ethanol used and automatically reduce our greenhouse gases and make sure we’re coming out of the gate with this bill actually making an impression from the beginning.” In a letter to six top House leaders, Axne cited recent Harvard University research that suggests ethanol’s carbon intensity score is nearly half that of gasoline and could be be even lower.