Senate File 2249 SENATE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3086) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act regulating contest events involving animals, and providing 2 a penalty and effective date. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6123SV 80 5 da/gg/14 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 chapter 717A or 1 6 section 725.11. 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 ofsectionschapter 717A, or section 725.5, 725.10, or 725.11. 1 11 Sec. 3. Section 717D.1, subsection 2, Code Supplement 1 12 2003, is amended by striking the subsection. 1 13 Sec. 4. Section 717D.1, subsections 3, 4, 5, 10, and 11, 1 14 Code Supplement 2003, are amended to read as follows: 1 15 3. "Contest device" means equipment designed to enhancea 1 16 contestan animal's entertainment value during training or a 1 17 contest event, including a device to improve the contest 1 18 animal's competitiveness. A contest device includes but is 1 19 not limited to an implement designed to be attached in place 1 20 of a natural spur of a cock or other fighting bird in order to 1 21 enhance the bird's fighting ability, and which is commonly 1 22 referred to as a spur or gaff. 1 23 4. "Contest event" means a function organized for the 1 24 entertainment or profit of spectators wherea contestan 1 25 animal is injured, tormented, or killed,if the contest animal 1 26 isincluding but not limited to a bull involved in a bullfight 1 27 or bull baiting, a bear involved in bear baiting, a chicken 1 28 involved in cock fighting, or a dog involved in dog fighting. 1 29 5. "Establishment" means the location where a contest 1 30 event occurs or is to occur, regardless of whethera contest1 31 an animal is present at the establishment or the contest 1 32 animal is witnessed by means of an electronic signal 1 33 transmitted to the location. 1 34 10. "Trainer" means a person who trainsa contestan 1 35 animal for purposes of engaging in a contest event, regardless 2 1 of where the contest event is located. A trainer includes a 2 2 person who uses a contest device. 2 3 11. "Transporter" means a person who movesa contestan 2 4 animal for delivery to a training location or a contest event 2 5 location. 2 6 Sec. 5. Section 717D.2, Code 2003, is amended by adding 2 7 the following new subsections: 2 8 NEW SUBSECTION. 2A. Possess or own an animal engaged or 2 9 to be engaged in a contest event conducted in this state or 2 10 another state. 2 11 NEW SUBSECTION. 2B. Be a party to a commercial 2 12 transaction for the transfer of an animal engaged or to be 2 13 engaged in a contest event conducted in this state or another 2 14 state, including but not limited to a transaction by purchase 2 15 or sale, barter, trade, or an offer involving such a 2 16 transaction. 2 17 NEW SUBSECTION. 3A. Possess, own, or manufacture a 2 18 contest device. 2 19 NEW SUBSECTION. 3B. Be a party to a commercial 2 20 transaction for the transfer of a contest device, including 2 21 but not limited to a transaction by purchase or sale, barter, 2 22 trade, or an offer involving such a transaction. 2 23 Sec. 6. Section 717D.2, subsections 3 and 4, Code 2003, 2 24 are amended to read as follows: 2 25 3. Act as a trainer ofa contestan animal engaged or to 2 26 be engaged in a contest event conducted in this state or 2 27 another state. For purposes of this subsection, a person who 2 28 aids, abets, or assists in the training ofa contestan animal 2 29 engaged or to be engaged in a contest event shall be deemed to 2 30 act as a trainer. 2 31 4. Act as a transporter movinga contestan animal engaged 2 32 or to be engaged in a contest event in this state. 2 33 Sec. 7. Section 717D.4, Code 2003, is amended to read as 2 34 follows: 2 35 717D.4 PENALTIES. 3 1 1.AExcept as provided in subsection 2, a person who 3 2 violates a provision of this chapter is guilty of aserious3 3 class "D" felony. 3 4 2. A person who violates section 717D.2 by acting as a 3 5 spectator of a contest event conducted in this state is guilty 3 6 of an aggravated misdemeanor. 3 7 Sec. 8. Section 717D.5, Code 2003, is amended to read as 3 8 follows: 3 9 717D.5 CONFISCATION AND DISPOSITION OF ANIMALS. 3 10 1. A local authority may confiscatea contestan animal 3 11 that istrained with a contest device or is part of a contest 3 12 eventinvolved in a violation of section 717D.2.The contest3 13 An animal that is livestock shall be considered neglected and 3 14 may be rescued and disposed of asneglected livestock or other3 15 provided in section 717.5. An animalpursuant towhich is not 3 16 livestock shall be considered threatened and rescued and 3 17 disposed of as provided in section717.5 or717B.4. 3 18 2. Ifthe contestan animal that is involved in a 3 19 violation of section 717D.2 is not rescued and disposed of 3 20 pursuant to section 717.5 or 717B.4, it shall be forfeited to 3 21 the state and subject to disposition as ordered by the court. 3 22 In addition, the court shall order the owner of thecontest3 23 animal to pay an amount which shall not be more than the 3 24 expenses incurred in maintaining or disposing of thecontest3 25 animal. The court may also order that the person pay 3 26 reasonable attorney fees and expenses related to the 3 27 investigation of the case that shall be taxed as other court 3 28 costs. If more than one person has a divisible interest in 3 29 thecontestanimal, the amount required to be paid shall be 3 30 prorated based on the percentage of interest in thecontest3 31 animal owned by each person. The moneys shall be paid to the 3 32 local authority incurring the expense. The amount shall be 3 33 subtracted from proceeds which are received from the sale of 3 34 thecontestanimal ordered by the court. 3 35 Sec. 9. Section 725.11, Code 2003, is repealed. 4 1 Sec. 10. EFFECTIVE DATE. This Act, being deemed of 4 2 immediate importance, takes effect upon enactment. 4 3 EXPLANATION 4 4 During the 2002 legislative session, the general assembly 4 5 enacted Senate File 2268 (2002 Acts, chapter 1130), which in 4 6 part created new Code chapter 717D, which prohibits activities 4 7 associated with an animal contest. A contest event is a 4 8 function organized for the entertainment or profit of 4 9 spectators where an animal is injured, tormented, or killed. 4 10 The event must involve a "contest animal", which is defined in 4 11 Code section 717D.1 to mean a bull involved in bullfighting or 4 12 bull baiting, a bear involved in bear baiting, a chicken 4 13 involved in cock fighting, or a dog involved in dog fighting. 4 14 This bill protects all animals engaged in contest events, 4 15 but retains a laundry list of exceptions provided in Code 4 16 section 717D.3. Thus a contest event does not include races, 4 17 fairs, rodeos, 4=H functions, hunting or fishing parties, 4 18 field meets or trials, or the raising or selling of game. It 4 19 also does not apply to actions by courts, local authorities, 4 20 research facilities, licensed veterinarians, persons using 4 21 animal husbandry practices, or persons protecting their life 4 22 or property. 4 23 In addition to offenses provided in Code section 717D.2 4 24 (prohibiting persons from owning or operating establishments 4 25 where contest events occur, promoting or being a spectator at 4 26 a contest event, training a contest animal, or transporting a 4 27 contest animal), the bill prohibits a number of other 4 28 activities. The bill prohibits a person from possessing or 4 29 owning an animal engaged or to be engaged in a contest event; 4 30 buying or selling an animal used for that purpose; or 4 31 possessing, owning, manufacturing, or transferring a contest 4 32 device used to enhance fighting. 4 33 Generally, the bill increases the penalty for a violation 4 34 of the Code chapter from a serious misdemeanor to a class "D" 4 35 felony. A person who acts as a spectator of a contest event 5 1 is guilty of an aggravated misdemeanor. A serious misdemeanor 5 2 is punishable by confinement for no more than one year and a 5 3 fine of at least $250 but not more than $1,500. A class "D" 5 4 felony is punishable by confinement for no more than five 5 5 years and a fine of at least $750 but not more than $7,500. 5 6 An aggravated misdemeanor is punishable by confinement for no 5 7 more than two years and a fine of at least $500 but not more 5 8 than $5,000. 5 9 The bill repeals Code section 725.11, which is an old 5 10 provision which also prohibits animal fighting and other 5 11 contests in which animals may be injured or killed. 5 12 The bill takes effect upon enactment. 5 13 LSB 6123SV 80 5 14 da/gg/14