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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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