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
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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 of sections chapter 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 enhance a
1 16 contest an 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 where a contest an
1 25 animal is injured, tormented, or killed, if the contest animal
1 26 is including 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 whether a contest
1 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 trains a contest an
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 moves a contest an
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 of a contest an 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 of a contest an 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 moving a contest an 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. A Except as provided in subsection 2, a person who
3 2 violates a provision of this chapter is guilty of a serious
3 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 confiscate a contest an animal
3 11 that is trained with a contest device or is part of a contest
3 12 event involved in a violation of section 717D.2. The contest
3 13 An animal that is livestock shall be considered neglected and
3 14 may be rescued and disposed of as neglected livestock or other
3 15 provided in section 717.5. An animal pursuant to which is not
3 16 livestock shall be considered threatened and rescued and
3 17 disposed of as provided in section 717.5 or 717B.4.
3 18 2. If the contest an 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 the contest
3 23 animal to pay an amount which shall not be more than the
3 24 expenses incurred in maintaining or disposing of the contest
3 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 the contest animal, the amount required to be paid shall be
3 30 prorated based on the percentage of interest in the contest
3 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 the contest animal 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