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Cruelty bill treads careful line
This is an archived article that was published on sltrib.com in 2005, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

State Rep. Glenn Donnelson takes great pride in killing skunks in his North Ogden cornfield.

Occasionally, of course, the Republican legislator catches a few neighborhood cats in the bear-claw traps he sets out each summer. They struggle a few hours in the teeth of the trap, then die. But Donnelson worries about being charged with animal cruelty.

"I love corn. And nobody violates my corn patch," he said. But, "I don't want to lose my concealed carry permit because I trapped a cat."

A bill that passed the Utah House Thursday would not penalize Donnelson for his part-time farming practices. House Bill 242, which after a vote of 56-14 goes to the Senate for consideration, would enhance criminal penalties for those who torture animals, bumping the crime from a misdemeanor to a felony.

But lawmakers exempted farmers, ranchers, rodeos, falconers, hunting dog trainers and zoos from the bill.

Sponsoring Rep. Scott Wyatt, a Logan Republican, said those iconic Western industries need to be protected in Utah law. "What they do doesn't constitute animal abuse," Wyatt said.

Lawmakers also stripped out parts of the bill that would enhance penalties for torturing animals in front of children.

Temma Martin, from No More Homeless Pets, said Wyatt's bill still is good legislation, despite the changes. Martin says other parts of state law can be used in child abuse cases. And she acknowledged the political realities: A bill that didn't exempt farmers and ranchers likely wouldn't go too far.

"We've had a difficult history in the past decade trying to get animal legislation passed," Martin said. "If it can happen in this form, it's still going to protect the animals it's intended to protect."

Wyatt's bill defines animal cruelty as failing to provide "necessary food, water, care or shelter," abandoning an animal, forcing animals to fight with other animals for entertainment or transporting an animal in a cruel way.

Lawmakers admitted self-interest during debate of the bill.

"Can I still milk my cows in my normal fashion?" Kamas GOP Rep. David Ure, a dairy farmer, asked jokingly.

But Donnelson was serious. Last year, he caught and killed three skunks, one raccoon and three cats. "I'm trying to find some protection for me," he said.

Wyatt assured Donnelson he can set out traps again this year. Skunks are fair game. Besides, a person must show true depravity in inflicting "prolonged pain" on an animal to be charged. "These are the kinds of things that are evil," Wyatt said.

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