Text: HF02312 Text: HF02314 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 99B.11, subsection 2, paragraph c, Code 1 2 2001, is amended to read as follows: 1 3 c. Contests, events, or exhibitions of cooking, 1 4 horticulture, livestock, poultry, fish or other animals, 1 5 artwork, hobbywork or craftwork, exceptthosefor events 1 6 prohibited bysection 725.11chapter 717D. 1 7 Sec. 2. Section 709A.1, subsection 2, paragraph c, Code 1 8 2001, is amended to read as follows: 1 9 c. Any premises the use of which constitutes a violation 1 10 ofsectionssection 725.5,or 725.10, or725.11chapter 717D. 1 11 Sec. 3. NEW SECTION. 717D.1 DEFINITIONS. 1 12 1. "Animal" means a creature having a vertebrate other 1 13 than a human. 1 14 2. "Contest event" means an event in which an animal is or 1 15 may be injured or tormented by another animal involving 1 16 physical combat, including but not limited to bull baiting, 1 17 bear baiting, cock fighting, or dog fighting. 1 18 3. "Establishment" means the location where an event 1 19 occurs or is to occur, regardless of whether an animal is 1 20 present at the establishment or the animal is witnessed by 1 21 means of an electronic signal transmitted to the location. 1 22 4. "Event" means a function organized for the 1 23 entertainment or profit of spectators for purposes of 1 24 witnessing an animal being injured or tormented. 1 25 5. "Event device" means equipment designed to enhance an 1 26 animal's entertainment value during training or an event, 1 27 including a device to improve the animal's competitiveness. 1 28 6. "Livestock" means the same as defined in section 717.1. 1 29 7. "Local authority" means the same as defined in section 1 30 717B.1. 1 31 8. "Promoter" means a person who charges admission for 1 32 entry into an establishment or organizes, holds, advertises, 1 33 or otherwise conducts an event. 1 34 9. "Spectator" means a person who attends an establishment 1 35 for purposes of witnessing an event. 2 1 10. "Trainer" means a person who trains an animal for 2 2 purposes of engaging in an event, regardless of where the 2 3 event is located. A trainer includes a person who uses an 2 4 event device. 2 5 11. "Transporter" means a person who moves an animal for 2 6 delivery at a training location or an event location. 2 7 Sec. 4. NEW SECTION. 717D.2 PROHIBITIONS – CONTEST 2 8 EVENTS. 2 9 A person shall not do any of the following: 2 10 1. Own or operate an establishment located in this state 2 11 in which a contest event occurs or is to occur. 2 12 2. Act as a promoter of a contest event, regardless of 2 13 whether the contest event occurs in this state or another 2 14 state. For purposes of this subsection, a person who aids, 2 15 abets, or assists in the promotion of a contest event shall be 2 16 deemed to act as a promoter. 2 17 3. Act as a trainer of an animal engaged or to be engaged 2 18 in a contest event conducted in this state or another state. 2 19 For purposes of this subsection, a person who aids, abets, or 2 20 assists in the training of an animal engaged or to be engaged 2 21 in a contest event shall be deemed to act as a trainer. 2 22 4. Act as a transporter moving an animal in this state. 2 23 5. Act as a spectator of a contest event conducted in this 2 24 state, regardless of whether the person paid admission to 2 25 witness the event. 2 26 Sec. 5. NEW SECTION. 717D.3 PROHIBITIONS – NONCONTEST 2 27 EVENTS. 2 28 1. This section shall apply to events other than contest 2 29 events. Except as provided in subsection 2, a person shall 2 30 not do any of the following: 2 31 a. Own or operate an establishment located in this state 2 32 in which an event occurs or is to occur. 2 33 b. Act as a promoter of an event, regardless of whether 2 34 the event occurs in this state or another state. For purposes 2 35 of this subsection, a person who aids, abets, or assists in 3 1 the promotion of an event shall be deemed to act as a 3 2 promoter. 3 3 c. Act as a trainer of an animal engaged or to be engaged 3 4 in an event conducted in this state or another state. For 3 5 purposes of this subsection, a person who aids, abets, or 3 6 assists in the training of an animal engaged or to be engaged 3 7 in an event shall be deemed to act as a trainer. 3 8 d. Act as a transporter moving an animal in this state. 3 9 e. Act as a spectator of an event conducted in this state, 3 10 regardless of whether the person paid admission to witness the 3 11 event. 3 12 2. This section shall not apply to an event in which an 3 13 injured or tormented animal is livestock, unless the event is 3 14 a bullfight. 3 15 Sec. 6. NEW SECTION. 717D.4 EXCEPTIONS. 3 16 This chapter does not apply to any of the following: 3 17 1. A person who is acting to do any of the following: 3 18 a. Carry out an order issued by a court. 3 19 b. Practice veterinarian medicine as provided in chapter 3 20 169. 3 21 c. Carry out another provision of law which allows the 3 22 conduct. 3 23 d. Reasonably protect the person's property from damage 3 24 caused by an estray animal. 3 25 e. Reasonably protect a person from injury or death caused 3 26 by an estray animal. 3 27 2. An institution, as defined in section 145B.1, or a 3 28 research facility, as defined in section 162.2, provided that 3 29 the institution or research facility performs functions within 3 30 the scope of accepted practices and disciplines associated 3 31 with the institution or research facility. 3 32 3. Any of the following functions: 3 33 a. A race. 3 34 b. A fair as defined in section 174.1. 3 35 c. A rodeo. 4 1 d. A 4-H function. 4 2 Sec. 7. NEW SECTION. 717D.5 PENALTIES. 4 3 A person who violates a provision of this chapter is guilty 4 4 of a serious misdemeanor. 4 5 Sec. 8. NEW SECTION. 717D.6 CONFISCATION AND DISPOSITION 4 6 OF ANIMALS. 4 7 A local authority may confiscate an animal that is or is to 4 8 be trained or is part of an event. The animal may be rescued 4 9 and disposed of as neglected livestock or other animal 4 10 pursuant to section 717.5 or 717B.4. If the animal is not 4 11 rescued and disposed of pursuant to section 717.5 or 717B.4, 4 12 it shall be forfeited to the state and subject to disposition 4 13 as ordered by the court. In addition, the court shall order 4 14 the owner of the animal to pay an amount which shall not be 4 15 more than the expenses incurred in maintaining or disposing of 4 16 the animal. The court may also order that the person pay 4 17 reasonable attorney fees and expenses related to the 4 18 investigation of the case that shall be taxed as other court 4 19 costs. If more than one person has a divisible interest in 4 20 the animal, the amount required to be paid shall be prorated 4 21 based on the percentage of interest in the animal owned by 4 22 each person. The moneys shall be paid to the local authority 4 23 incurring the expense. The amount shall be subtracted from 4 24 proceeds which are received from the sale of the animal 4 25 ordered by the court. 4 26 Sec. 9. Sections 717B.7 and 725.11, Code 2001, are 4 27 repealed. 4 28 EXPLANATION 4 29 Currently, Code section 717B.7 prohibits the promotion or 4 30 staging of an exhibition of animals (other than livestock) in 4 31 which an animal is tormented or in which there is a fight 4 32 between the animals. Code section 725.11 prohibits fighting 4 33 or baiting any animal including a bull, bear, dog, or cock. 4 34 This bill repeals those sections and combines those 4 35 provisions in a new Code chapter 717D which follows, Code 5 1 chapter 717 (prohibiting the abuse and neglect of livestock), 5 2 Code chapter 717A (prohibiting actions involving agricultural 5 3 facilities), Code chapter 717B (prohibiting the abuse and 5 4 neglect of animals other than livestock), and Code chapter 5 5 717C (prohibiting bestiality). 5 6 The bill applies to events organized for the entertainment 5 7 or profit of spectators for purposes of witnessing an animal 5 8 being injured or tormented. Specifically, the bill provides 5 9 for contest events (in which an animal is or may be injured or 5 10 tormented by another animal) and noncontest events (in which 5 11 spectators witness animals other than livestock being injured 5 12 or tormented by a person). The bill prohibits a person from 5 13 owning or operating an establishment located in this state in 5 14 which an event occurs or is to occur. It also prohibits a 5 15 person from acting as a promoter of an event, a trainer of an 5 16 animal engaged or to be engaged in an event, a transporter 5 17 moving an animal for delivery to a trainer or event, or a 5 18 spectator of an event. The bill specifically prohibits 5 19 bullfighting. 5 20 The bill provides a number of exceptions generally 5 21 consistent with exceptions from the offense of livestock abuse 5 22 under Code chapter 717. 5 23 A person who violates a provision of the bill is guilty of 5 24 a serious misdemeanor. A serious misdemeanor is punishable by 5 25 confinement for no more than one year and a fine of at least 5 26 $250 but not more than $1,500. 5 27 Finally, the bill provides for the confiscation and 5 28 disposition of an animal that is or is to be trained or is 5 29 part of an event. The bill provides that an animal may be 5 30 considered as neglected and disposed of in accordance with 5 31 Code chapter 717 or 717B depending on whether the animal is 5 32 livestock or another type of animal. Otherwise, the bill 5 33 provides that the livestock is forfeited to the state and the 5 34 owner is liable for costs associated with the animal's 5 35 maintenance and may be liable for costs associated with 6 1 reasonable attorney fees and expenses related to the 6 2 investigation of the case. 6 3 LSB 5704YH 79 6 4 da/sh/8
Text: HF02312 Text: HF02314 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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