SPRINGFIELD, Ill. — The Illinois Judiciary Law Committee has tabled a proposed “ag gag” bill introduced in the Illinois legislature that would make undercover video or audio recording at a farm operation without the consent of the owner a felony.

The Animal Facility Bill (HB-5143), which was first filed on Feb. 8 by State Rep. Jim Sacia (R-89th), is aimed towards keeping undercover investigations by non-government individuals and groups such as the Humane Society of the United States (HSUS) out of farm facilities without prior expressed permission. However, concerns over First Amendment rights, animal welfare, food safety and workers’ rights led Sacia to remove the bill from consideration at the behest of the Illinois Judiciary Law Committee earlier this month.

“We applaud Illinois’ lawmakers for recognizing the harmful nature of this bill and essentially killing it,” said Kristen Strawbridge, Illinois state director for the HSUS. “We urge lawmakers in states with similar bills pending to follow Illinois’ lead and reject these dangerous bills.”

The Illinois Farm Bureau (IFB) had expressed partial support for Sacia’s legislation when contacted by news sources in early March. Kevin Semlow, director of state legislation for the IFB, said the organization agrees “conceptually” with “some of the points” of the bill.

“We support the legislation, knowing that it will have to be adjusted for technicalities,” Semlow told reporters.

The proposed bill drew the ire of local, regional and national animal rights activists and environmentalists, including Karen Hudson, an Elmwood native who holds membership in both the Illinois Citizens for Clean Air and Water and Families Against Rural Messes (FARM) activist groups.

“More than a century ago, Upton Sinclair’s The Jungle exposed deplorable practices and conditions at U.S. meat-packing plants. His work led to significant public pressure and ultimately better regulation at processing facilities. Illinois citizens should be asking themselves why the corporate ag lobby would go such measures to criminalize this type of documentation,” Hudson wrote in an op-ed piece submitted to Illinois media.

Jim Kaitschuk, executive director of the Illinois Pork Producers Assoc. (IPPA), said the state’s pork producers should stand behind HB-5143.

“Animal activist groups have continued to use videos to gain attention and promote their vegetarian agendas. We have a number of concerns with how videos have been undertaken by groups and individuals that certainly would seem to have a much different mission than that of the farmer caring for animals,” Kaitschuk said in a prepared statement provided to Farm World. “At no time have we or do farmers or the agricultural organizations that represent them condone the mistreatment of any animals. There are existing state and federal laws that govern humane treatment of animals and if there are concerns they should be raised with the proper authorities.”

Iowa legislators recently established a similar law after debating and modifying the contents of their bill, Kaitschuk pointed out. 

“The concerns raised by this legislation are intended to address the nature of obtaining the video and making sure that it actually represents the entire situation, rather than just portions that are assembled and submitted to the media. Anyone who truly cares about the welfare of animals should report abuse immediately and not hold until it becomes a media event,” Kaitschuk said. “For these reasons, the (IPPA) supports HB-5143.”

In addition to Iowa’s recently passed ag gag legislation, similar bills have been introduced in Indiana, Minnesota, Missouri, Nebraska, New York, Tennessee and Utah. A recent ag gag bill was rejected in Florida.

HB-5143 would have amended Illinois’ Animal Research and Production Facilities Protection Act by changing current prohibited acts into animal facility tampering and adds disrupting operations at the animal facility, if the operations directly relate to agricultural production, animal maintenance, veterinary care, or educational or scientific purposes. It also amends the Act’s animal facility fraud language by making a false statement or representation on a facility employment application, with the intent to commit an act not authorized by the facility, a Class 4 felony to a Class 1 felony – depending on the amount of loss or damage inflicted.

Rep. Sacia indicated that the ag gag bill was tabled in order to be re-written to “more closely mirror the Iowa bill.” He expects to reintroduce the bill in a few weeks.