SENATE BILL REPORT

                   SB 5153

              As Reported By Senate Committee On:

             Natural Resources, February 17, 1995

Title:  An act relating to life‑threatening animals.

Brief Description:  Permitting control of life‑threatening animals.

Sponsors:  Senators Hargrove, Owen, Snyder and Hochstatter.

Brief History:

Committee Activity:  Natural Resources:  1/31/95, 2/17/95 [DPS].

SENATE COMMITTEE ON NATURAL RESOURCES

Majority Report:  That Substitute Senate Bill No. 5153 be substituted therefor, and the substitute bill do pass.

  Signed by Senators Drew, Chair; Spanel, Vice Chair; A. Anderson, Hargrove, Haugen, Morton, Oke, Owen, Snyder, Strannigan and Swecker.

Staff:  Vic Moon (786-7469)

Background:  There is currently no statutory authority which allows a person to kill an animal which poses an imminent threat to human life.

Summary of Substitute Bill:  A person may use the defense of necessity if charged with illegally killing a wild animal.  The legal elements of a defense of necessity are delineated.

Substitute Bill Compared to Original Bill:  The intent remains the same but the general authorization to kill is replaced with a defense mechanism if a person is charged with illegal killing of wildlife.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  The public should be able to protect itself.

Testimony Against:  The proposal would hurt wildlife.

Testified:  PRO:  Gary Rowland, Modern Firearms; Kent Lebsack, Cattlemen's Assn.; CON:  Ron Schultz, Audubon Society; Mitch Friedman.