Text: SF02248 Text: SF02250 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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 ofsectionschapter 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 enhancea1 24contestan 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 wherea contestan 1 33 animal is injured, tormented, or killed,if the contest animal1 34isincluding 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 whethera contest2 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 trainsa contestan 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 movesa contestan 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 ofa contestan 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 ofa contestan 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 movinga contestan 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.AExcept as provided in subsection 2, a person who 3 10 violates a provision of this chapter is guilty of aserious3 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 confiscatea contestan animal 3 19 that istrained with a contest device or is part of a contest3 20eventinvolved in a violation of section 717D.2.The contest3 21 An animal that is livestock shall be considered neglected and 3 22 may be rescued and disposed of asneglected livestock or other3 23 provided in section 717.5. An animalpursuant towhich is not 3 24 livestock shall be considered threatened and rescued and 3 25 disposed of as provided in section717.5 or717B.4. 3 26 2. Ifthe contestan 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 thecontest3 31 animal to pay an amount which shall not be more than the 3 32 expenses incurred in maintaining or disposing of thecontest3 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 thecontestanimal, the amount required to be paid shall be 4 3 prorated based on the percentage of interest in thecontest4 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 thecontestanimal 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
Text: SF02248 Text: SF02250 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2004 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Sat Apr 17 03:30:01 CDT 2004
URL: /DOCS/GA/80GA/Legislation/SF/02200/SF02249/040405.html
jhf