House File 76

                                       HOUSE FILE       
                                       BY  HANSEN


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the protection of animals from injury or
  2    torment in contest events, and providing penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1382YH 80
  5 da/sh/8

PAG LIN

  1  1    Section 1.  Section 99B.11, subsection 2, paragraph c, Code
  1  2 2003, is amended to read as follows:
  1  3    c.  Contests or exhibitions of cooking, horticulture,
  1  4 livestock, poultry, fish or other animals, artwork, hobbywork
  1  5 or craftwork, except those prohibited by section 725.11
  1  6 717D.2.
  1  7    Sec. 2.  Section 709A.1, subsection 2, paragraph c, Code
  1  8 2003, is amended to read as follows:
  1  9    c.  Any premises the use of which constitutes a violation
  1 10 of sections section 717D.2, 725.5, or 725.10, or 725.11.
  1 11    Sec. 3.  Section 717D.2, Code 2003, is amended to read as
  1 12 follows:
  1 13    717D.2  PROHIBITIONS == CONTEST EVENTS.
  1 14    1.  A Except as provided in subsection 2, a person shall
  1 15 not do is guilty of a class "D" felony if the person does any
  1 16 of the following:
  1 17    1. a.  Own or operate Owns or operates an establishment
  1 18 located in this state in which a contest event occurs or is to
  1 19 occur.
  1 20    2. b.  Act Acts as a promoter of a contest event,
  1 21 regardless of whether the contest event occurs in this state
  1 22 or another state.  For purposes of this subsection paragraph,
  1 23 a person who aids, abets, or assists in the promotion of a
  1 24 contest event shall be deemed to act as a promoter.
  1 25    2.  A person is guilty of a serious misdemeanor if the
  1 26 person does any of the following:
  1 27    3. a.  Act Acts as a trainer of a contest animal engaged or
  1 28 to be engaged in a contest event conducted in this state or
  1 29 another state.  For purposes of this subsection paragraph, a
  1 30 person who aids, abets, or assists in the training of a
  1 31 contest animal engaged or to be engaged in a contest event
  1 32 shall be deemed to act as a trainer.
  1 33    4. b.  Act Acts as a transporter moving a contest animal in
  1 34 this state.
  1 35    5. c.  Act Acts as a spectator of a contest event conducted
  2  1 in this state, regardless of whether the person paid admission
  2  2 to witness the contest event.
  2  3    Sec. 4.  The following Code sections are repealed:
  2  4    1.  Section 717D.4, Code 2003.
  2  5    2.  Section 725.11, Code 2003.
  2  6                           EXPLANATION
  2  7    BACKGROUND.  The general assembly enacted Senate File 2268
  2  8 (2002 Iowa Acts, ch. 1130), which in part created new Code
  2  9 chapter 717D prohibiting activities referred to as "contest
  2 10 events" in which certain animals are engaged in fighting
  2 11 sports (a bull, bear, chicken, or dog).  A person violating a
  2 12 provision in new Code chapter 717D is guilty of a serious
  2 13 misdemeanor.
  2 14    PROVISIONS OF THE BILL.  This bill increases the criminal
  2 15 penalty applicable to a person who owns or operates an
  2 16 establishment located in this state in which a contest event
  2 17 occurs or is to occur or who acts as a promoter of a contest
  2 18 event.  Under the bill, the person is guilty of a class "D"
  2 19 felony.  A class "D" felony is punishable by confinement for
  2 20 no more than five years and a fine of at least $750 but not
  2 21 more than $7,500.
  2 22    The bill repeals Code section 725.11, which first appeared
  2 23 in the Code of 1873, prohibiting animal contests.  A person
  2 24 who commits a violation of that section is guilty of a serious
  2 25 misdemeanor.
  2 26 LSB 1382YH 80
  2 27 da/sh/8