ALEC State Legislators Protecting Agri-Business

With the amount of articles that are showing up on the web you would think that the ag-gag bills that are being introduced are something new.

They are not.

ALEC has been pushing these so decades and they have already passed in many states and they continue to be introduced every year by ALEC members and others sympathetic to ALEC agri-business for profit sector members.  All of the bills enacted already make ag protesting a crime.

Well – it’s a new year and the ALEC ag-gag bills are back.

But this time as amendments to the previous ALEC ag-gag bills that were passed.

  

Dangerous bills in five states would criminalize whistleblowing on factory farms, chilling the ability of the American public to confront animal cruelty, unsafe working conditions, and environmental problems. See if your state has such a bill pending. Then learn more about these troublesome pieces of legislation below.

Whistleblowing employees have played a vital role in exposing animal abuse, unsafe working conditions, and environmental problems on industrial farms.

What are anti-whistleblower bills?

Anti-whistleblower bills effectively block anyone from exposing animal cruelty, food safety issues, poor working conditions, and more, by way of the following:

In 2013, these states have introduced anti-whistleblower bills:

 

    New Hampshire (HB 110)—pending: Live in N.H.? Take action now! (An Amendment)   

    SPONSORS: Rep. Haefner, Hills 37; Rep. Sad, Ches 1; Rep. Shurtleff, Merr 11; 

     Sen. Carson, Dist 14 [ALEC]; Sen. Odell, Dist 8

    Wyoming (HB 0126)—passed   Sponsored by: Representative(s) Wallis [ALEC] and 

    Senator(s) Driskill

(b) A person, other than a law enforcement officer acting within the scope of his duties, is guilty of interference with an agricultural operation if the person:

 (i) Without consent from the owner or manager of the agricultural operation, knowingly or intentionally records an image of or sound from the agricultural operation by concealing or placing a recording device on the premises of the agricultural operation;

    Indiana (SB 373/SB 391)—pending(An Amendment)  Sponsors (1): 

   Carlin Yoder (Republican) Dist. 12 primary [ALEC]

SB 391

Indiana Senate Bill

Crimes concerning agriculture and livestock. Enhances the crimes of theft, criminal mischief, criminal trespass, burglary, and criminal conversion if: (1) the offense is committed on an agricultural operation, or (2) the subject of the offense is an agricultural operation or livestock. Makes it unlawful recording of agricultural operations, a Class A misdemeanor, for a person to: (1) enter real property that is owned by another person and on which agricultural operations are being conducted; and (2) take a photograph of or make a video recording or motion picture of the real property, structures located on the real property, or the agricultural operations being conducted on the real property; without the written consent of the owner of the real property or an authorized representative of the owner. Requires the board of animal health to establish a registry of persons convicted of crimes concerning agricultural operations and livestock.

    Nebraska (LB 204)—pending  (An Amendment)  Introduced by Larson, 40. [ALEC]

Nothing in this section shall be construed to impose a duty to investigate observed or reasonably suspected livestock animal abandonment, cruel neglect, or cruel mistreatment.

    Arkansas (SB 13/SB 14)—bill pulled by sponsor  By: Senator J. Hutchinson [ALEC]

Improper animal investigation.

(a) A person who is not a certified law enforcement officer who knowingly conducts an investigation, including collection of evidence into alleged claims of criminal conduct involving an animal by another person or entity, or coerces a person to surrender his or her personal property through threat of criminal investigation or prosecution related to alleged claims of criminal conduct involving an animal by another person or entity upon conviction is guilty of a Class B misdemeanor.

    Banning taking a photo or video of a factory farm without permission,

    Banning possession and distribution of such photos or videos,

    Essentially making it a crime for an investigator to get work at a factory farm, or

    Requiring mandatory reporting with impossibly short timelines so that no pattern of abuse can be documented.

BUT – it is important for every person to check the current ag-gag bills that you have in your state.

WHY?

Because it isn’t only the activist that can face criminal charges.

The ALEC ag-gag bills in some states make it possible for those who provide financial or any other support to ag activists to be convicted of crimes also.

In the original ALEC “Model Legislation” from 2003 you will find the following paragraph, which is very direct in describing what I believe in the current legislation is referred to as "furtherance of that commission".  Whoever wrote this in 2003 was definitely trying to get their point across, no gray areas with this language.

    Participating in or supporting animal or ecological terrorism to include raising, soliciting, collecting or providing any person with material, financial support or other resources such as lodging, training, safe houses, false documentation or identification, communications, equipment or transportation that will be used in whole or in part, to encourage, plan, prepare, carry out, publicize, promote or aid an act of animal or ecological terrorism, the concealment of, or an escape from, an act of animal or ecological terrorism.

But the new "Model Legislation" being introduced does have gray areas.  In my opinion the old "Model Legislation" language would not have been supported today, so the language of the updated "Model Legislation" has been sterilized and modernized, to be (what could be construed as) intentionally vague language that is difficult to interpret as to the specific intent of the section of the legislation.

    The text in the Minnesota legislation that was introduced in 2012 shows the ALEC paragraph reworded in more general terms.

    Subd. 3. Participant in conspiracy.

    A person who participates in a conspiracy to commit the offense of animal facility tampering, and who acts in furtherance of that commission, is guilty of the same offense as the person convicted of committing the offense on or in the animal facility.

    The identical text is in the Iowa that was introduced in 2012 legislation

    A person who participates in a conspiracy to commit the offense of animal facility tampering, and who acts in furtherance of that commission, is guilty of the same offense as the person convicted of committing the offense on or in the animal facility.

While I am not actively involved in animal rights groups, I do contribute to them to help further their cause – which could be construed as “acting in furtherance of that commission”.  The fact that my right to do so would be punishable by law – should they choose to do so – is revolting to me.

ALEC is setting it up – so none of us can vote, because we have a criminal record.

AND/OR

ALEC is fulfilling a promise to the private prison industry to incarcerate more people to increase the revenues of the ALEC private prison industry profit sector members.

Either way – ALEC gets it way.

People when are we going to get rid of legislators that belong to the American Legislative Exchange Council who are more committed to ALEC profit sector members than their constituents.

People when are we going to get rid of legislators that belong to the American Legislative Exchange Council – so that ALEC profit sector members are NOT running our states.