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Senate adopts tougher language on animal abandonment; House Bill 189 advances

Utah Senate · February 27, 1991
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Summary

The Utah Senate amended and passed House Bill 189 to clarify 'abandonment' of animals and to add an 'intentionally' standard; the measure passed on a roll call after debate over scope and penalty class.

House Bill 189, a revision of Utah’s cruelty-to-animals provisions, cleared the State Senate on Feb. 26 after amendments that clarified when a person may be prosecuted for abandoning an animal. The Senate adopted a sponsor’s change to the bill’s definition of “abandoned” and accepted a friendly amendment that inserts the word "intentionally" before "deposit" to limit liability for unintentional losses.

The bill’s sponsor and legal counsel told colleagues the changes aim to cover third-party abandonment — for example, people who deliberately leave animals on highways or at remote sites. Sponsor (speaker 12) said legal counsel advised the extra language “on those points” to address cases in which animals were deliberately dumped rather than unintentionally lost. Senator McMullen, who proposed clarifying language for the definition, said the revised text would read: “abandoned means to deposit, leave, or drop off any live animals.”

The Senate debated criminal penalties for abandonment. One proposal sought to reduce the offense by one class (from B to C misdemeanor) to avoid what some senators characterized as an overly severe maximum sanction. Opponents of that reduction argued judges already have discretion under a class B misdemeanor (which can include fines up to $1,000) and that aggravating facts — such as deliberate dumping — may justify stiffer penalties.

Under suspension of the rules the chamber read the bill for second and third times and held a roll-call vote. The clerk announced the final tally: 25 ayes, 1 nay, 3 absent. The bill passed and will be returned to the House for further action.

What’s next: The House will receive the Senate amendments and decide whether to accept the changes or ask for further conference. Until then, the statutory text remains subject to adjustment.