Amendment vs bill House Committee Amendment, #3438, AGRI, Adopted vs Enrolled

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ENROLLED Regular Session HOUSE BILL NO.
HCAHB834 4573 3438 HOUSE COMMITTEE AMENDMENTS Regular Session Amendments proposed by House Committee on Agriculture, Forestry, Aquaculture, and Rural Development to Original House Bill No.
834 BY REPRESENTATIVE MCMAHEN AN ACT ToenactR.S.3:2467,relativetodesignationandoperationofanimalshelters;toprovidefor the care, holding, and disposition of lost, stray, or at-large domestic animals;
834 by Representative McMahen AMENDMENT NO.
to authorize certain governing authorities to designate animal shelters;
1 On page 1, line 6, after "animals;" and before "and to" insert "to provide for the powers, authority, and discretion of local governmental subdivisions regarding animal control and shelter operations;
to require shelters to comply with minimum standards of care and applicable hold periods;
to provide for owner notification and acquisition of unclaimed animals;
to provide for the powers, authority, and discretion of local governmental subdivisions regarding animal control and shelter operations;
to provide for limitations and liability;
to provide for limitations and liability;" AMENDMENT NO.
and to provide for related matters.
2 On page 1, line 12, after "Any" and before "subdivision" delete "political" and insert "local governmental" AMENDMENT NO.
Be it enacted by the Legislature of Louisiana:
3 On page 1, line 14, after "within" delete the remainder of the line and insert "its respective jurisdiction." AMENDMENT NO.
Section 1.
4 On page 1, at the end of line 15, delete "political" and insert "local governmental" AMENDMENT NO.
R.S.
5 On page 1, line 16, after "subdivision" delete the remainder of the line and insert a comma "," and "private entity, nonprofit organization, licensed veterinarian, or any other entity reasonably" AMENDMENT NO.
3:2467 is hereby enacted to read as follows:
6 On page 1, between lines 17 and 18, insert the following:
§2467.
"(3) A designated shelter shall comply with applicable state and local laws pertaining to animal shelters.
Designation of animal shelters;
optional acquisition of ownership of stray animals A.(1) Any local governmental subdivision in this state may designate any animal shelter to provide sheltering services for lost, stray, and at-large domestic animals found within its respective jurisdiction.
(2) A designated animal shelter may be owned or operated by a local governmental subdivision, private entity, nonprofit organization, licensed veterinarian,oranyotherentityreasonablycompetenttoprovideshelteringservices.
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HB NO.
834 ENROLLED (3) A designated shelter shall comply with applicable state and local laws pertaining to animal shelters.
(f) Revoke the designation.
(f) Revoke the designation." AMENDMENT NO.
B.(1) A designated animal shelter may acquire sole ownership of a lost, stray, unowned, or at-large animal onlyafter compliance with all applicable state or local laws, regulations, or ordinances regarding hold periods for that animal.
7 On page 1, line 18, after "B." and before "A designated" insert "(1)" and after "acquire"and before "ownership" insert "sole" AMENDMENT NO.
If no hold period is specified by any statute, parish, or municipality, the minimum stray hold period shall be three days, excluding legal public holidays, to allow for owner identification and recovery.
8 On page 1, delete line 19 in its entirety and insert "unowned, or at-large animal only after compliance" Page 1 of 3 CODING:
(2) During the initial hold period, the shelter shall do all of the following:
(a)(i) Makes a reasonably diligent effort to locate the owner and return the animalto theowner.
Thesheltershall scantheanimalforamicrochipandcheckfor anyother identifying information, including tattoos or collars with tags or anyother registration information at least twice, with the scans or checks conducted at least twenty-four hours apart.
The shelter shall maintain a record of the dates the scans or checks were performed for at least one year.
(ii) If the shelter obtains information identifying the animal’s owner, the shelter shall make a diligent effort to notify the owner and provide at least three days,exclusiveoflegalpublicholidays,fortheownertorespond,commencingfrom the first attempt to notify.
If the owner is located, the owner shall have seven days from notification to reclaim the animal unless the owner relinquishes the animal to the shelter or another person.
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HB NO.
HCAHB834 4573 3438 AMENDMENT NO.
834 ENROLLED (b) Maintainscontinuouspossessionoftheanimal.
9 On page 2, line 1, delete "(1) The designated animal shelter shall comply" AMENDMENT NO.
Possessionbytheshelter maybeconstructive, andshall includeallowingpersonsto foster animals, provided that any such foster shall return the animal to the shelter upon the shelter's request, unless the hold period has expired and the shelter transfersownershipoftheanimal.
10 On page 2, line 4, after "shall be" delete the remainder of the line and insert "three days, excluding legal public holidays, to allow for owner identification and recovery." AMENDMENT NO.
(c) Makes the animal, or a photograph with a written description of the animal,availableforpublicviewingandallowspersonsseekinglostanimalstoview such animals and related records.
11 On page 2, line 5, after "shelter" and before "all" change "does" to "shall do" AMENDMENT NO.
C.(1) If an animal remains unclaimed after the expiration of the applicable hold period provided in this Section and after the shelter has made a diligent effort to identify, notify, and return the animal to its owner, the local governmental subdivision or designated shelter may acquire ownership of the animal and may transfer ownership to another person, whether natural or juridical, consistent with applicable law.
12 On page 2, line 8, after "tags" delete the remainder of the line, at the beginning of line 9, delete "times", and insert "or any other registration information at least twice" AMENDMENT NO.
The designated animal shelter mayplace an animal with or transfer ownership to a rescue organization.
13 On page 2, at the beginning of line 14, delete "seventy-two hours" and insert "three days, exclusive of legal public holidays," AMENDMENT NO.
(2) IfownershipisacquiredpursuanttothisSectionandtheshelterthereafter transfers ownership to another person, natural or juridical, the shelter shall not disclosetheidentityorcontactinformationofthetransfereetoanyperson,including any alleged prior owner, except pursuant to a lawfully issued subpoena or with the written consent of the transferee.
14 On page 2, line 20, after "shall" and before "the animal" change "relinquish" to "return" AMENDMENT NO.
D.
15 On page 2, line 21, after "unless" and before "the" delete "and until" and after"hold period" and before "and the" delete "is complete" and insert "has expired" AMENDMENT NO.
16 On page 2, line 22, after "animal" and before the period "." delete "to the foster" AMENDMENT NO.
17 On page 2, line 23, after "with" and before "written" insert "a" AMENDMENT NO.
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18 On page 2, line 24, after "available" and before "persons" delete "at the shelter at all times and allow" and insert "for public viewing and allows" AMENDMENT NO.
19 On page 2, line 25, after "and" and before "records" insert "related" AMENDMENT NO.
20 On page 2, at the beginning of line 28, delete "to notify" and insert "to identify, notify," and after"owner,the"andbefore"shelter"insert"localgovernmentalsubdivisionordesignated" AMENDMENT NO.
21 On page 2, line 29, after "ownership to" delete the remainder of the line and insert "another person, whethernatural or juridical, consistent with applicable law.
The designated animal shelter may place an animal with or transfer ownership to a rescue organization." Page 2 of 3 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HCAHB834 4573 3438 AMENDMENT NO.
22 On page 3, line 2, after "person" and before "the shelter" delete "or entity,"and insert a comma "," and "natural or juridical," AMENDMENT NO.
23 On page 3, delete lines 6 though 14 in their entirety and insert the following:
"D.
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F.
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
This Section shall beconstruedto promote humane treatment of animals, preserve local governmental flexibility, and avoid unnecessaryregulatory burden." Page 3 of 3 CODING:
HB NO.
834 ENROLLED F.
This Sectionshall beconstrued to promote humane treatment of animals, preserve local governmental flexibility, and avoid unnecessaryregulatory burden.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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