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Senate File 2249

Partial Bill History

Bill Text

PAG LIN
  1  1                                    SENATE FILE 2249
  1  2  
  1  3                             AN ACT
  1  4 REGULATING CONTEST EVENTS INVOLVING ANIMALS, AND PROVIDING A
  1  5    PENALTY AND EFFECTIVE DATE.
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 99B.11, subsection 2, paragraph c, Code
  1 10 2003, is amended to read as follows:
  1 11    c.  Contests or exhibitions of cooking, horticulture,
  1 12 livestock, poultry, fish or other animals, artwork, hobbywork
  1 13 or craftwork, except those prohibited by chapter 717A or
  1 14 section 725.11.
  1 15    Sec. 2.  Section 709A.1, subsection 2, paragraph c, Code
  1 16 2003, is amended to read as follows:
  1 17    c.  Any premises the use of which constitutes a violation
  1 18 of sections chapter 717A, or section 725.5, 725.10, or 725.11.
  1 19    Sec. 3.  Section 717D.1, subsection 2, Code Supplement
  1 20 2003, is amended by striking the subsection.
  1 21    Sec. 4.  Section 717D.1, subsections 3, 4, 5, 10, and 11,
  1 22 Code Supplement 2003, are amended to read as follows:
  1 23    3.  "Contest device" means equipment designed to enhance a
  1 24 contest an animal's entertainment value during training or a
  1 25 contest event, including a device to improve the contest
  1 26 animal's competitiveness.  A contest device includes but is
  1 27 not limited to an implement designed to be attached in place
  1 28 of a natural spur of a cock or other fighting bird in order to
  1 29 enhance the bird's fighting ability, and which is commonly
  1 30 referred to as a spur or gaff.
  1 31    4.  "Contest event" means a function organized for the
  1 32 entertainment or profit of spectators where a contest an
  1 33 animal is injured, tormented, or killed, if the contest animal
  1 34 is including but not limited to a bull involved in a bullfight
  1 35 or bull baiting, a bear involved in bear baiting, a chicken
  2  1 involved in cock fighting, or a dog involved in dog fighting.
  2  2    5.  "Establishment" means the location where a contest
  2  3 event occurs or is to occur, regardless of whether a contest
  2  4 an animal is present at the establishment or the contest
  2  5 animal is witnessed by means of an electronic signal
  2  6 transmitted to the location.
  2  7    10.  "Trainer" means a person who trains a contest an
  2  8 animal for purposes of engaging in a contest event, regardless
  2  9 of where the contest event is located.  A trainer includes a
  2 10 person who uses a contest device.
  2 11    11.  "Transporter" means a person who moves a contest an
  2 12 animal for delivery to a training location or a contest event
  2 13 location.
  2 14    Sec. 5.  Section 717D.2, Code 2003, is amended by adding
  2 15 the following new subsections:
  2 16    NEW SUBSECTION.  2A.  Possess or own an animal engaged or
  2 17 to be engaged in a contest event conducted in this state or
  2 18 another state.
  2 19    NEW SUBSECTION.  2B.  Be a party to a commercial
  2 20 transaction for the transfer of an animal engaged or to be
  2 21 engaged in a contest event conducted in this state or another
  2 22 state, including but not limited to a transaction by purchase
  2 23 or sale, barter, trade, or an offer involving such a
  2 24 transaction.
  2 25    NEW SUBSECTION.  3A.  Possess, own, or manufacture a
  2 26 contest device.
  2 27    NEW SUBSECTION.  3B.  Be a party to a commercial
  2 28 transaction for the transfer of a contest device, including
  2 29 but not limited to a transaction by purchase or sale, barter,
  2 30 trade, or an offer involving such a transaction.
  2 31    Sec. 6.  Section 717D.2, subsections 3 and 4, Code 2003,
  2 32 are amended to read as follows:
  2 33    3.  Act as a trainer of a contest an animal engaged or to
  2 34 be engaged in a contest event conducted in this state or
  2 35 another state.  For purposes of this subsection, a person who
  3  1 aids, abets, or assists in the training of a contest an animal
  3  2 engaged or to be engaged in a contest event shall be deemed to
  3  3 act as a trainer.
  3  4    4.  Act as a transporter moving a contest an animal engaged
  3  5 or to be engaged in a contest event in this state.
  3  6    Sec. 7.  Section 717D.4, Code 2003, is amended to read as
  3  7 follows:
  3  8    717D.4  PENALTIES.
  3  9    1.  A Except as provided in subsection 2, a person who
  3 10 violates a provision of this chapter is guilty of a serious
  3 11 class "D" felony.
  3 12    2.  A person who violates section 717D.2 by acting as a
  3 13 spectator of a contest event conducted in this state is guilty
  3 14 of an aggravated misdemeanor.
  3 15    Sec. 8.  Section 717D.5, Code 2003, is amended to read as
  3 16 follows:
  3 17    717D.5  CONFISCATION AND DISPOSITION OF ANIMALS.
  3 18    1.  A local authority may confiscate a contest an animal
  3 19 that is trained with a contest device or is part of a contest
  3 20 event involved in a violation of section 717D.2.  The contest
  3 21 An animal that is livestock shall be considered neglected and
  3 22 may be rescued and disposed of as neglected livestock or other
  3 23 provided in section 717.5.  An animal pursuant to which is not
  3 24 livestock shall be considered threatened and rescued and
  3 25 disposed of as provided in section 717.5 or 717B.4.
  3 26    2.  If the contest an animal that is involved in a
  3 27 violation of section 717D.2 is not rescued and disposed of
  3 28 pursuant to section 717.5 or 717B.4, it shall be forfeited to
  3 29 the state and subject to disposition as ordered by the court.
  3 30 In addition, the court shall order the owner of the contest
  3 31 animal to pay an amount which shall not be more than the
  3 32 expenses incurred in maintaining or disposing of the contest
  3 33 animal.  The court may also order that the person pay
  3 34 reasonable attorney fees and expenses related to the
  3 35 investigation of the case that shall be taxed as other court
  4  1 costs.  If more than one person has a divisible interest in
  4  2 the contest animal, the amount required to be paid shall be
  4  3 prorated based on the percentage of interest in the contest
  4  4 animal owned by each person.  The moneys shall be paid to the
  4  5 local authority incurring the expense.  The amount shall be
  4  6 subtracted from proceeds which are received from the sale of
  4  7 the contest animal ordered by the court.
  4  8    Sec. 9.  Section 725.11, Code 2003, is repealed.
  4  9    Sec. 10.  EFFECTIVE DATE.  This Act, being deemed of
  4 10 immediate importance, takes effect upon enactment.  
  4 11 
  4 12 
  4 13                                                             
  4 14                               JEFFREY M. LAMBERTI
  4 15                               President of the Senate
  4 16 
  4 17 
  4 18                                                             
  4 19                               CHRISTOPHER C. RANTS
  4 20                               Speaker of the House
  4 21 
  4 22    I hereby certify that this bill originated in the Senate and
  4 23 is known as Senate File 2249, Eightieth General Assembly.
  4 24 
  4 25 
  4 26                                                             
  4 27                               MICHAEL E. MARSHALL
  4 28                               Secretary of the Senate
  4 29 Approved                , 2004
  4 30 
  4 31 
  4 32                                
  4 33 THOMAS J. VILSACK
  4 34 Governor
     

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