Text: H08296 Text: H08298 Text: H08200 - H08299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2268, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. Page 1, by inserting after line 33 the 1 4 following: 1 5 "Sec. . Section 709A.1, subsection 2, paragraph 1 6 c, Code 2001, is amended to read as follows: 1 7 c. Any premises the use of which constitutes a 1 8 violation ofsectionssection 725.5,or 725.10, or 1 9725.11chapter 717D." 1 10 #2. Page 6, by inserting after line 23 the 1 11 following: 1 12 "Sec. . NEW SECTION. 717D.1 DEFINITIONS. 1 13 1. "Animal" means a nonhuman vertebrate. 1 14 2. "Contest event" means an event in which an 1 15 animal is or may be injured or tormented by another 1 16 animal involving physical combat, including but not 1 17 limited to bull baiting, bear baiting, cock fighting, 1 18 or dog fighting. 1 19 3. "Establishment" means the location where an 1 20 event occurs or is to occur, regardless of whether an 1 21 animal is present at the establishment or the animal 1 22 is witnessed by means of an electronic signal 1 23 transmitted to the location. 1 24 4. "Event" means a function organized for the 1 25 entertainment or profit of spectators for purposes of 1 26 witnessing an animal being injured or tormented. 1 27 5. "Event device" means equipment designed to 1 28 enhance an animal's entertainment value during 1 29 training or an event, including a device to improve 1 30 the animal's competitiveness. 1 31 6. "Livestock" means the same as defined in 1 32 section 717.1. 1 33 7. "Local authority" means the same as defined in 1 34 section 717B.1. 1 35 8. "Promoter" means a person who charges admission 1 36 for entry into an establishment or organizes, holds, 1 37 advertises, or otherwise conducts an event. 1 38 9. "Spectator" means a person who attends an 1 39 establishment for purposes of witnessing an event. 1 40 10. "Trainer" means a person who trains an animal 1 41 for purposes of engaging in an event, regardless of 1 42 where the event is located. A trainer includes a 1 43 person who uses an event device. 1 44 11. "Transporter" means a person who moves an 1 45 animal for delivery at a training location or an event 1 46 location. 1 47 Sec. . NEW SECTION. 717D.2 PROHIBITIONS – 1 48 CONTEST EVENTS. 1 49 A person shall not do any of the following: 1 50 1. Own or operate an establishment located in this 2 1 state in which a contest event occurs or is to occur. 2 2 2. Act as a promoter of a contest event, 2 3 regardless of whether the contest event occurs in this 2 4 state or another state. For purposes of this 2 5 subsection, a person who aids, abets, or assists in 2 6 the promotion of a contest event shall be deemed to 2 7 act as a promoter. 2 8 3. Act as a trainer of an animal engaged or to be 2 9 engaged in a contest event conducted in this state or 2 10 another state. For purposes of this subsection, a 2 11 person who aids, abets, or assists in the training of 2 12 an animal engaged or to be engaged in a contest event 2 13 shall be deemed to act as a trainer. 2 14 4. Act as a transporter moving an animal in this 2 15 state. 2 16 5. Act as a spectator of a contest event conducted 2 17 in this state, regardless of whether the person paid 2 18 admission to witness the event. 2 19 Sec. . NEW SECTION. 717D.3 PROHIBITIONS – 2 20 NONCONTEST EVENTS. 2 21 1. This section shall apply to events other than 2 22 contest events. 2 23 2. A person shall not do any of the following: 2 24 a. Own or operate an establishment located in this 2 25 state in which an event occurs or is to occur. 2 26 b. Act as a promoter of an event, regardless of 2 27 whether the event occurs in this state or another 2 28 state. For purposes of this subsection, a person who 2 29 aids, abets, or assists in the promotion of an event 2 30 shall be deemed to act as a promoter. 2 31 c. Act as a trainer of an animal engaged or to be 2 32 engaged in an event conducted in this state or another 2 33 state. For purposes of this subsection, a person who 2 34 aids, abets, or assists in the training of an animal 2 35 engaged or to be engaged in an event shall be deemed 2 36 to act as a trainer. 2 37 d. Act as a transporter moving an animal in this 2 38 state. 2 39 e. Act as a spectator of an event conducted in 2 40 this state, regardless of whether the person paid 2 41 admission to witness the event. 2 42 Sec. . NEW SECTION. 717D.4 EXCEPTIONS. 2 43 1. A person is not subject to this chapter if the 2 44 person is not subject to the offense of livestock 2 45 abuse as provided in section 717.1A or animal abuse as 2 46 provided in section 717B.2. 2 47 2. This chapter shall not apply to any of the 2 48 following functions: 2 49 a. A race, including but not limited to a race 2 50 regulated under chapter 99D. 3 1 b. A fair as defined in section 174.1. 3 2 c. A rodeo or a rodeo event. 3 3 d. A 4-H function. 3 4 Sec. . NEW SECTION. 717D.5 PENALTIES. 3 5 A person who violates a provision of this chapter 3 6 is guilty of a serious misdemeanor. 3 7 Sec. . NEW SECTION. 717D.6 CONFISCATION AND 3 8 DISPOSITION OF ANIMALS. 3 9 A local authority may confiscate an animal that is 3 10 trained with an event device or is part of an event. 3 11 The animal may be rescued and disposed of as neglected 3 12 livestock or other animal pursuant to section 717.5 or 3 13 717B.4. If the animal is not rescued and disposed of 3 14 pursuant to section 717.5 or 717B.4, it shall be 3 15 forfeited to the state and subject to disposition as 3 16 ordered by the court. In addition, the court shall 3 17 order the owner of the animal to pay an amount which 3 18 shall not be more than the expenses incurred in 3 19 maintaining or disposing of the animal. The court may 3 20 also order that the person pay reasonable attorney 3 21 fees and expenses related to the investigation of the 3 22 case that shall be taxed as other court costs. If 3 23 more than one person has a divisible interest in the 3 24 animal, the amount required to be paid shall be 3 25 prorated based on the percentage of interest in the 3 26 animal owned by each person. The moneys shall be paid 3 27 to the local authority incurring the expense. The 3 28 amount shall be subtracted from proceeds which are 3 29 received from the sale of the animal ordered by the 3 30 court. 3 31 Sec. . Sections 717B.7 and 725.11, Code 2001, 3 32 are repealed." 3 33 #2. Title page, line 2, by striking the word 3 34 "and". 3 35 #3. Title page, line 3, by inserting after the 3 36 word "expenses" the following: ", providing for the 3 37 protection of animals from injury or torment, and 3 38 providing penalties". 3 39 3 40 3 41 3 42 COMMITTEE ON JUDICIARY 3 43 LARSON of Linn, Chairperson 3 44 SF 2268.703 79 3 45 jm/cls
Text: H08296 Text: H08298 Text: H08200 - H08299 Text: H Index Bills and Amendments: General Index Bill History: General Index
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