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House approves tighter standard in agricultural operation interference bill, stresses whistleblower protection

Utah House of Representatives · March 7, 2012
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Summary

The House concurred with Senate amendments to third substitute House Bill 187, tightening the standard for prosecution in cases of recording an agricultural operation and stressing protection for honest whistleblowers; the bill passed the House and will return to the Senate (final tally 61–13; later adjusted to 62–13 after a leave vote).

Representative Mathis, sponsor of third substitute House Bill 187 (agricultural operation interference), told the House the adopted amendments tighten the statute so prosecution requires accessing an agricultural operation under false pretenses, applying for employment with the intent to record an image, and knowing the operation forbids recording — while preserving protections for bona fide whistleblowers who are employees. "We believe that this fulfills the intent of the law as we drafted it originally, but it also protects the true whistleblower that might exist as an existing employee," Mathis said.

Members debated the trade-off between discouraging covert recordings that damage employers and preserving the ability of legitimate insiders to document illegal or dangerous activity. Representative King and others thanked the sponsor for addressing concerns; Representative Nielsen argued the bill recognizes civil disobedience entails responsibility and supported the bill. Representative Cox said the amendment clarified the employees' situation and she was supportive.

The House concurred with the Senate amendments and voted for final passage; the clerk reported a tally of 61 yes, 13 no, with a later correction noting one member’s leave to be counted as an aye, resulting in a 62–13 tally as announced on the floor. The bill will be returned to the Senate for the president's signature.