Text: S05294 Text: S05296 Text: S05200 - S05299 Text: S 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 6, by inserting after line 23 the 1 4 following: 1 5 "Sec. . NEW SECTION. 717D.1 DEFINITIONS. 1 6 1. "Animal" means a nonhuman vertebrate. 1 7 2. "Contest animal" means a bull, bear, chicken, 1 8 or dog. 1 9 3. "Contest device" means equipment designed to 1 10 enhance a contest animal's entertainment value during 1 11 training or a contest event, including a device to 1 12 improve the contest animal's competitiveness. 1 13 4. "Contest event" means a function organized for 1 14 the entertainment or profit of spectators where a 1 15 contest animal is injured, tormented, or killed, if 1 16 the contest animal is a bull involved in a bullfight 1 17 or bull baiting, a bear involved in bear baiting, a 1 18 chicken involved in cock fighting, or a dog involved 1 19 in dog fighting. 1 20 5. "Establishment" means the location where a 1 21 contest event occurs or is to occur, regardless of 1 22 whether a contest animal is present at the 1 23 establishment or the contest animal is witnessed by 1 24 means of an electronic signal transmitted to the 1 25 location. 1 26 6. "Livestock" means the same as defined in 1 27 section 717.1. 1 28 7. "Local authority" means the same as defined in 1 29 section 717B.1. 1 30 8. "Promoter" means a person who charges admission 1 31 for entry into an establishment or organizes, holds, 1 32 advertises, or otherwise conducts a contest event. 1 33 9. "Spectator" means a person who attends an 1 34 establishment for purposes of witnessing a contest 1 35 event. 1 36 10. "Trainer" means a person who trains a contest 1 37 animal for purposes of engaging in a contest event, 1 38 regardless of where the contest event is located. A 1 39 trainer includes a person who uses a contest device. 1 40 11. "Transporter" means a person who moves a 1 41 contest animal for delivery to a training location or 1 42 a contest event location. 1 43 Sec. . NEW SECTION. 717D.2 PROHIBITIONS 1 44 CONTEST EVENTS. 1 45 A person shall not do any of the following: 1 46 1. Own or operate an establishment located in this 1 47 state in which a contest event occurs or is to occur. 1 48 2. Act as a promoter of a contest event, 1 49 regardless of whether the contest event occurs in this 1 50 state or another state. For purposes of this 2 1 subsection, a person who aids, abets, or assists in 2 2 the promotion of a contest event shall be deemed to 2 3 act as a promoter. 2 4 3. Act as a trainer of a contest animal engaged or 2 5 to be engaged in a contest event conducted in this 2 6 state or another state. For purposes of this 2 7 subsection, a person who aids, abets, or assists in 2 8 the training of a contest animal engaged or to be 2 9 engaged in a contest event shall be deemed to act as a 2 10 trainer. 2 11 4. Act as a transporter moving a contest animal in 2 12 this state. 2 13 5. Act as a spectator of a contest event conducted 2 14 in this state, regardless of whether the person paid 2 15 admission to witness the contest event. 2 16 Sec. . NEW SECTION. 717D.4 EXCEPTIONS. 2 17 1. This chapter does not apply to a function other 2 18 than a contest event. A contest event does not 2 19 involve any of the following events: 2 20 a. A race, including but not limited to a race 2 21 regulated under chapter 99D. 2 22 b. A fair as defined in section 174.1. 2 23 c. A rodeo or rodeo event. 2 24 d. A 4-H function. 2 25 e. A hunting or fishing party. 2 26 f. A field meet or trial in which the skill of 2 27 dogs is demonstrated in pointing, retrieving, 2 28 trailing, or chasing any game bird, game animal, or 2 29 fur-bearing animal. 2 30 g. The raising or selling of game or fur-bearing 2 31 animals as provided in chapter 481A. 2 32 2. This chapter shall not apply to any of the 2 33 following: 2 34 a. An action to carry out an order issued by a 2 35 court. 2 36 b. An action by a licensed veterinarian practicing 2 37 veterinary medicine as provided in chapter 169. 2 38 c. An action that is consistent with animal 2 39 husbandry practices. 2 40 d. An action allowed in order to carry out another 2 41 provision of law which allows the action. 2 42 e. The taking, hunting, trapping, or fishing for a 2 43 wild animal as provided in chapter 481A. 2 44 f. An action to protect the person's property from 2 45 a wild animal as defined in section 481A.1. 2 46 g. An action to protect a person from injury or 2 47 death caused by a wild animal as defined in section 2 48 481A.1. 2 49 h. A person reasonably acting to protect the 2 50 person's property from damage caused by an unconfined 3 1 animal. 3 2 i. A person reasonably acting to protect a person 3 3 from injury or death caused by an unconfined animal. 3 4 j. A local authority reasonably acting to destroy 3 5 an animal, if at the time of the destruction, the 3 6 owner of the animal is absent or unable to care for 3 7 the animal, and the animal is permanently distressed 3 8 by disease or injury to a degree that would result in 3 9 severe and prolonged suffering. 3 10 k. An institution, as defined in section 145B.1, 3 11 or a research facility, as defined in section 162.2, 3 12 provided that the institution or research facility 3 13 performs functions within the scope of accepted 3 14 practices and disciplines associated with the 3 15 institution or research facility. 3 16 Sec. . NEW SECTION. 717D.5 PENALTIES. 3 17 A person who violates a provision of this chapter 3 18 is guilty of a serious misdemeanor. 3 19 Sec. . NEW SECTION. 717D.6 CONFISCATION AND 3 20 DISPOSITION OF ANIMALS. 3 21 A local authority may confiscate a contest animal 3 22 that is trained with a contest device or is part of a 3 23 contest event. The contest animal may be rescued and 3 24 disposed of as neglected livestock or other animal 3 25 pursuant to section 717.5 or 717B.4. If the contest 3 26 animal is not rescued and disposed of pursuant to 3 27 section 717.5 or 717B.4, it shall be forfeited to the 3 28 state and subject to disposition as ordered by the 3 29 court. In addition, the court shall order the owner 3 30 of the contest animal to pay an amount which shall not 3 31 be more than the expenses incurred in maintaining or 3 32 disposing of the contest animal. The court may also 3 33 order that the person pay reasonable attorney fees and 3 34 expenses related to the investigation of the case that 3 35 shall be taxed as other court costs. If more than one 3 36 person has a divisible interest in the contest animal, 3 37 the amount required to be paid shall be prorated based 3 38 on the percentage of interest in the contest animal 3 39 owned by each person. The moneys shall be paid to the 3 40 local authority incurring the expense. The amount 3 41 shall be subtracted from proceeds which are received 3 42 from the sale of the contest animal ordered by the 3 43 court. 3 44 Sec. . Section 717B.7, Code 2001, is repealed." 3 45 #2. Title page, line 2, by striking the word 3 46 "and". 3 47 #3. Title page, line 3, by inserting after the 3 48 word "expenses" the following: ", providing for the 3 49 protection of animals from injury or torment, and 3 50 providing penalties". 4 1 SF 2268H 4 2 jm/es/25
Text: S05294 Text: S05296 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
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