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Posted by Samcin on March 22, 2003 at 09:15:33:
House File 153
HOUSE FILE
BY EICHHORN
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
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
