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