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Utah House backs penalties and treble damages for unlawful release of fur-bearing animals
Summary
House Bill 138, which would add civil treble damages and other penalties for those who unlawfully release fur-bearing animals, passed the House after sponsors argued existing code placement and restitution remedies justify higher damages; some representatives questioned whether tripling damages is excessive.
House Bill 138, addressing the unlawful release of animals such as mink, cleared the Utah House floor and will be sent to the senate following debate about penalties and the civil remedy sought by the measure.
Representative Glenn Brown moved to uncircle and read HB 138 into the record. The bill’s sponsor (speaker recorded as S3) said the measure supplements a law enacted two years earlier by creating an additional section of code specifically to address releases of fur-bearing animals and adds the ability for owners to sue for treble damages where appropriate. The sponsor argued owners lose the animals’ value when they are released and that disease concerns and tracking make recovery impractical; he noted Idaho treats similar conduct as a felony but said that would be too severe for Utah.
During questioning, Representative Lewis and other members asked why the bill provides for tripling damages. Critics said treble damages could lead to overly large recoveries where an owner already recovers actual losses. The sponsor and proponents replied that similar remedies exist elsewhere in the code for other property classes and that treble damages create an avenue for adequate restitution in cases where ordinary damages would not reflect the economic loss.
After brief debate the House voted. The clerk announced House Bill 138 had received 57 yes votes and 3 no votes; it will be forwarded to the senate for further action.
