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 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