State Senators are advancing a bill that adds deceptive access and surveillance to a list of prohibited activities against state permitted animal feedlots.
It also codifies a Department of Ag and Natural Resources practice of not providing a full listed of those facilities.
The bill adds deception to gain access to these ag production facilities — or who place cameras and surveillance devices inside — without consent as a violation and class 2 misdemeanor charge.
It also says the state department that regulates animal barns not release a full list of all state permitted feedlots.
State Sen. Casey Crabtree is bringing the bill. He said the change mirrors laws in Iowa. The Republican from Madison says it still allows the public to access information about permitted feedlots.
“There was ample testimony that said that they release that information and they’re good to work with neighbors. That’s what we want, but we don’t want to put a whole list out that puts a target on our farmers' and ranchers' backs.”
The Department of Ag and Natural Resources said if it becomes law, the public can still get information about individual operations.
Some are concerned the change to state law represents a trend of protections by the state for it's largest agricultural facilities — like a 2023 change shielding feedlots from nuisance lawsuits.
“We’re afraid that we’re cutting off our foot to avoid stubbing our toe," said Chase Jensen, an organizer with Dakota Rural Action.
Feedlot permits are designed to protect surface and groundwaters of the state.
Jensen said the change would make it difficult for good acting organizations who would like to have a broader understanding about the permitted facilities in the state.
“Because our waterways are all interconnected. Our water sources flow together," Jensen said. "So, if you’re trying to look at the broad impact of the pollution of these types of facilities in our state, particularly on our waterways — it’s very difficult to do a one-by-one analysis of that.”
The bill passed the all-Republican Senate Judiciary committee and the full Senate. It now heads to the House.