House File 153 HOUSE FILE BY EICHHORN Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act prohibiting the award of pets, or advertisement thereof, 2 in certain circumstances, and providing a penalty. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1919HH 80 5 da/sh/8 PAG LIN 1 1 Section 1. NEW SECTION. 717E.1 DEFINITIONS. 1 2 As used in this chapter, unless the context otherwise 1 3 requires: 1 4 1. "Advertise" means to present a commercial message in 1 5 any medium including but not limited to print, radio, 1 6 television, sign, display, label, tag, or articulation. 1 7 2. "Business" means any enterprise relating to any of the 1 8 following: 1 9 a. The sale or offer for sale of goods or services. 1 10 b. A recruitment for employment or membership in an 1 11 organization. 1 12 c. A solicitation to make an investment. 1 13 d. An amusement or entertainment activity. 1 14 3. "Fair" means any of the following: 1 15 a. The annual fair and exposition held by the Iowa state 1 16 fair board pursuant to chapter 173 or any fair held by a 1 17 county or district fair or agricultural society under the 1 18 provisions of chapter 174. 1 19 b. An exhibition of agricultural or manufactured products. 1 20 c. An event for operation of amusement rides or devices or 1 21 concession booths. 1 22 4. "Game" means a "game of chance", "game of skill", or 1 23 "raffle" as defined in section 99B.1. 1 24 5. "Pet" means a living animal which is limited to a dog, 1 25 cat, or an animal normally maintained in a small tank or cage 1 26 in or near a residence, including but not limited to a rabbit, 1 27 gerbil, hamster, mouse, parrot, canary, mynah, finch, tropical 1 28 fish, goldfish, snake, turtle, gecko, or iguana. 1 29 Sec. 2. NEW SECTION. 717E.2 PET AWARDS PROHIBITED. 1 30 A person is guilty of a serious misdemeanor if the person 1 31 awards a pet or advertises that a pet may be awarded as any of 1 32 the following: 1 33 1. A prize for participating in a game. 1 34 2. A prize for participating in a fair event. 1 35 3. An inducement or condition for visiting a place of 2 1 business or attending an event sponsored by a business. 2 2 4. An inducement or condition for executing a contract 2 3 which includes provisions unrelated to the ownership, care, or 2 4 disposition of the pet. 2 5 Sec. 3. NEW SECTION. 717E.3 EXCEPTION == LICENSED PET 2 6 SHOPS. 2 7 This chapter shall not apply to a pet shop licensed 2 8 pursuant to section 162.5 if the award of a pet is provided in 2 9 connection with a sale of a pet on the premises of the pet 2 10 shop. 2 11 EXPLANATION 2 12 This bill creates a new Code chapter 717E in proximity to 2 13 other criminal chapters providing for animal welfare. The 2 14 bill provides that a person is guilty of a serious misdemeanor 2 15 if the person awards a pet or advertises that a pet may be 2 16 awarded as a prize for participating in a game or fair event, 2 17 an inducement or condition for visiting a place of business or 2 18 attending a business event, or an inducement or benefit for 2 19 executing a contract. The bill does not apply to awards of 2 20 pets in connection with sales of pets by licensed pet shops. 2 21 A serious misdemeanor is punishable by confinement for no more 2 22 than one year and a fine of at least $250 but not more than 2 23 $1,500. 2 24 LSB 1919HH 80 2 25 da/sh/8