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Senate amends wildlife bill after concerns about self‑defense exemption; SB 13 passes

Utah State Senate · January 28, 2009
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Summary

Senators debated and revised SB 13 (administering substances to wildlife) after concerns that the original amendment might unintentionally prohibit use of self‑defense chemicals; the amended bill passed the Senate and moves to the House.

Senate Bill 13, which addresses circumstances for administering substances to wildlife, drew detailed floor debate after senators raised a concern that the draft language could prohibit use of self-defense chemicals such as bear mace.

Sponsor Senator Dayton explained the bill’s intent and offered a floor amendment to clarify that protections apply when ‘‘protected wildlife presents an immediate threat of death or serious bodily injury to a person.’’ During debate Senators Valentine and McCoy noted the amendment initially placed the exception under an agricultural exemption and warned that the wording might not protect ordinary citizens using self-defense products while hiking.

Valentine recommended withdrawing the amendment to fix the drafting; Dayton withdrew the earlier version, placed the bill on circle and later returned with a revised First Amendment dated 01/28/2009. The Senate adopted the revised amendment by voice vote. Dayton also referenced ongoing research collaborations with the University of Utah and said the Division of Wildlife Resources and research universities are involved in covered activities.

After amendment and summation, the Senate passed SB 13 on a roll‑call (26 yea, 0 nay, 3 absent). The bill will be sent to the House.

Key quotes: Senator Dayton said, "what we have here is a failure to communicate," acknowledging drafting confusion, and later clarified that the amendment protects those who use mace when facing an immediate threat. Senator Valentine said he appreciated the revised language that would not ban use of bear mace.

Next steps: The amended SB 13 is referred to the House for consideration.