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IntroductionEdit

  • PDF Source: legis.state.la.us
  • Bill downloaded April 4, 2006
  • Part numbers are arbitrary and are inserted to aid edits.

Bill Text Edit

Part 1 Edit

SLS 06RS-117 ORIGINAL Regular Session, 2006 SENATE BILL NO. 607 BY SENATOR FONTENOT

EMERGENCY PREPAREDNESS. Provides relative to a disaster operation plan for service animals and household pets. (gov sig)

1 AN ACT 2 To amend and reenact R.S. 29:726(E)(20), 729(E)(13), and 733.1 and to enact R.S. 3 29:726(E)(21) and 729(E)(14), relative to emergency preparedness; to provide 4 additional authorities and responsibilities to the office of homeland security and 5 emergency preparedness and to parish homeland security and emergency 6 preparedness agencies relative to a disaster operation plan for service animals and 7 household pets; to provide for limitation of liability of emergency personnel and 8 owners and operators of facilities used for shelter in emergencies; and to provide for 9 related matters. 10 Be it enacted by the Legislature of Louisiana: 11 Section 1. R.S. 29:726(E)(20), 729(E)(13), and 733.1 are hereby amended and 12 reenacted and R.S. 29:726(E)(21) and 729(E)(14) are hereby enacted to read as follows: 13 §726. Governor's Office of Homeland Security and Emergency Preparedness; 14 authority and responsibilities 15 * * * 16 E. The office shall either directly or through authorized assignment to another 17 state agency or department:

Part 2Edit

SLS 06RS-117 ORIGINAL SB NO. 607 * * * (20)(a) In consultation with experts in the fields of animal sheltering, veterinary medicine, public health and safety, and other professional and technical personnel deemed appropriate, formulate emergency operation plans for the humane evacuation, transport, and temporary sheltering of service animals and household pets in times of emergency or disaster that:

(i) Require that persons with disabilities who utilize service animals are evacuated, transported, and sheltered with those service animals.

(ii)(aa) Identify or establish, as the case may be, a sufficient number of evacuation shelters that are in close proximity to a human sheltering facility designed and equipped to accept and temporarily house household pets and canine search and rescue teams.

(bb) Develop guidelines for such "side by side" shelters which may include standards or criteria for admission to such shelters, health and safety standards, protocols, and procedures for ensuring adequate sheltering, management, and veterinary staffing for such shelters.

(iii)(aa) Enable, wherever possible, joint pet-owner evacuation for disabled, elderly, special needs residents, and all other residents whenever such evacuations can be accomplished without endangering human life.

(bb) The office shall establish an identification system to ensure that household pet owners who are separated from their household pets during an evacuation are provided with all information necessary to locate and reclaim such household pet. In establishing such identification system, a tracking number system shall be developed.

(iv) Allow household pets in cages or carriers, that safely and securely confine such pets and are specifically designed for the containment and transport of such pets to utilize public transportation during an impending disaster, when doing so does not endanger human life. If such pets are not allowed to use public transportation, separate transportation shall be provided

Part 3Edit

SLS 06RS-117 ORIGINAL SB NO. 607

for these pets to the shelter in closest proximity to the human sheltering facility in which the animal’s owner or custodian will be temporarily housed when such location is known. If the location of the owner or custodian is not known, transportation to the nearest evacuation shelter shall be provided.

(v)
Direct animal shelters, humane societies, veterinary offices, boarding kennels, breeders, grooming facilities, hospitals, schools, animal testing facilities, and any other businesses or not for profit agencies that normally house pets or service animals to create evacuation plans for such animals consistent with the provisions of this Paragraph. Such plans shall be made available to the public upon request and shall be filed annually with the Louisiana Department of Agriculture and Forestry, office of animal health services and with their respective parish office of homeland security and emergency preparedness.
(vi)
Implement a public information program to provide guidance to household pet owners in formulating their own evacuation plans for their household pets and service animals, inform such pet owners of the resources available to assist them in such evacuations, and apprise such pet owners of the location and other relevant guidelines for the shelters in their area that accept pets.
(b)
In creating disaster operation plans for household pets and service animals, the office shall consult with each agency designated by each parish homeland security and emergency preparedness agency to provide evacuation, transportation, and sheltering functions as provided for in R.S. 29:729(E)(13).
(c)
For the purposes of this Paragraph, "service animal" shall mean any animal that assists or performs tasks for a person with a sensory, emotional, mental, or physical disability.
(d)
For the purposes of this Paragraph, "household pet" shall mean any cat, dog, and other domesticated animal normally maintained in the household of the owner or person who cares for such domesticated animal.

Part 4Edit

SLS 06RS-117 ORIGINAL SB NO. 607

(21) Do other things necessary, incidental, or appropriate for the implementation of this Chapter. * * * §729. Parish homeland security and emergency preparedness agency authorities and

responsibilities * * *

E. The parish office of homeland security and emergency preparedness shall: * * *

(13)(a) In consultation with experts in the fields of animal sheltering, veterinary medicine, public health and safety, and other professional and technical personnel deemed appropriate, formulate emergency operation plans for the humane evacuation, transport, and temporary sheltering of service animals and household pets in times of emergency or disaster that:

(i) Require that persons with disabilities who utilize service animals are evacuated, transported, and sheltered with those service animals.

(ii)(aa) Identify or establish, as the case may be, in conjunction with the state office of homeland security and emergency preparedness, a sufficient number of shelters that are in close proximity to a human sheltering facility designed and equipped to accept and temporarily house the household pets of evacuees and canine search and rescue teams.

(bb) Develop guidelines for such “side by side” shelters which may include standards or criteria for admission to such shelters, health and safety standards, protocols, and procedures for ensuring adequate sheltering, management, and veterinary staffing for such shelters.

(iii)(aa) Enable, wherever possible, joint pet-owner evacuation for disabled, elderly, special needs residents, and all other residents whenever such evacuations can be accomplished without endangering human life.

(bb) The office shall establish an identification system to ensure that household pet owners who are separated from their household pets during an

SLS 06RS-117 ORIGINAL SB NO. 607

evacuation are provided with all information necessary to locate and reclaim such household pet. In establishing such identification system, a tracking number system shall be developed with one number being used exclusively and consistently in association with and for the same household pet until such time as the household pet is reunited with its owner.

(iv)
Allow household pets in cages or carriers that safely and securely confine such pets and are specifically designed for the containment and transport of such pets, to use public transportation during mandatory evacuations when doing so does not endanger human life. If such pets are not allowed to use public transportation, separate transportation shall be provided for these pets to the shelter in closest proximity to the human sheltering facility in which the animal’s owner or custodian will be temporarily housed when such location is known.
(v)
Establish protocols which authorize the parish designated animalcontrol, animal sheltering, or animal care agency in each parish to develop "side by side" evacuation of household pets.
(vi)
Require that animal shelters, humane societies, veterinary offices, boarding kennels, breeders, grooming facilities, hospitals, schools, animal testing facilities, and any other businesses or not for profit agencies that normally house household pets or service animals, create evacuation plans for such animals consistent with the provisions of this Paragraph. Such plans shall be made available to the public upon request and shall be filed annually with the Louisiana Department of Agriculture and Forestry and with their respective parish homeland security and emergency preparedness agency.

(vii) Implement a public information program to provide guidance to household pet owners in formulating their own evacuation plans for their household pets and service animals, inform such pet owners of the resources available to assist them in such evacuations, and apprise such pet owners of the location, admission criteria, and other relevant guidelines for shelters in their

Part 5Edit

SLS 06RS-117 ORIGINAL SB NO. 607

area that accept household pets.

(b)(i) In creating emergency operation plans pursuant to this Paragraph, the parish office of homeland security and emergency preparedness may delegate any or all of the evacuation, transportation, sheltering, or other functions delineated herein to the agency with authority over animal control or animal related issues in that parish which shall serve as the primary department or local entity provided however, that such primary department or local entity may delegate any or all such functions to public or private agencies with expertise in the areas of animal control, animal sheltering, or animal care.

(ii)Any parish office of homeland security and emergency preparedness that chooses to designate a local parish department or local entity as the primary department or entity authorized to coordinate and provide for the evacuation, transportation, or sheltering of household pets and service animals shall provide written notification to the Department of Agriculture and Forestry and the state office of homeland security and emergency preparedness as to the primary department's or entity's physical location and contact information. The Department of Agriculture and Forestry and the state office of homeland security and emergency preparedness shall coordinate with such designated primary department or entity as to their duties relative to the evacuation, transportation, and sheltering of household pets and service animals.

(c)
For the purposes of this Paragraph, "service animal" shall mean any animal that assists or performs tasks for a person with a sensory, emotional, mental, or physical disability.
(d)
For the purposes of this Paragraph, "household pet" shall mean any cat, dog, and other domesticated animal normally maintained in or near the household of the owner or person who cares for such domesticated animal.

(14) Do other things necessary, incidental, or appropriate for the

implementation of this Chapter. * * *

Part 6Edit

SLS 06RS-117 ORIGINAL SB NO. 607 1 §733.1. Limitation of liability of owner or operator of facilities 2 Any person or organization, public or private, owning or operating 3 immovable property or other premises who voluntarily and without compensation 4 grants a license or privilege or otherwise permits the designation by the state or local 5 homeland security and emergency preparedness agency or use of the whole or any 6 part of the immovable property or premises for the purpose of sheltering persons or 7 household pet or service animals during an actual, impending, mock, or practice 8 emergency, together with his successor in interest, if any, shall not be liable for the 9 death of, or injury to, any person or household pets or service animals on or about 10 such immovable property or premises during the actual, impending, mock, or 11 practice emergency, or for loss of, or damage to, the property of such person, solely 12 by reason or as a result of the license, privilege, designation, or use, unless the gross 13 negligence or the willful and wanton misconduct of the person owning or operating 14 the immovable property or premises or his successor in interest is the proximate 15 cause of the death, injury, loss, or damage occurring during the sheltering period. 16 Section 2. This Act shall become effective upon signature by the governor or, if not 17 signed by the governor, upon expiration of the time for bills to become law without signature 18 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 19 vetoed by the governor and subsequently approved by the legislature, this Act shall become 20 effective on the day following such approval.

The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Cathy R. Wells.

DIGESTEdit

Proposed lawrequires the state office of homeland security and emergency preparedness and each parish homeland security and emergency preparedness agency to consult with experts in the fields of animal sheltering, veterinary medicine, public health and safety, and other professional and technical personnel deemed appropriate to formulate emergency operation plans for the humane evacuation, transport, and temporary sheltering of service animals and household pets in times of emergency or disaster.

Proposed law requires such emergency operation plans to:

(1) Require that persons with disabilities who utilize service animals are evacuated, transported, and sheltered with those service animals.

SLS 06RS-117 ORIGINAL

SB NO. 607
(2) Identify or establish, as the case may be, a sufficient number of shelters that are in
close proximity to a human sheltering facility designed and equipped to accept and
temporarily house household pets and canine search and rescue teams.
(3) Develop guidelines for such shelters which may include standards or criteria for
admission to such shelters, health and safety standards, protocols, and procedures for
ensuring adequate sheltering, management and veterinary staffing for such shelters.
(4) Enable, wherever possible, joint pet owner evacuation for disabled, elderly, special
needs residents, and all other residents whenever such evacuations can be
accomplished without endangering human life.
(5) Establish an identification system to ensure that household pet owners who are
separated from their household pets during an evacuation are provided with all
information necessary to locate and reclaim such household pet.
(6) Allow household pets in cages or carriers, that safely and securely confine such pet
and are specifically designed for the containment and transport of such household
pets to use public transportation, during mandatory evacuations when to do so does
not endanger human life or provide for the separate transport of household pets to the
shelter in closest proximity to the human sheltering facility in which the animal’s
owner or custodian will be temporarily housed when such location is known.
(7) Require animal shelters, humane societies, veterinary offices, boarding kennels,
breeders, grooming facilities, hospitals, schools, animal testing facilities, and any
other businesses or not for profit agencies that normally house household pets or
service animals to create evacuation plans for such animals consistent with the
provisions of proposed law. Requires such plans to be made available to the public
upon request and to be filed annually with the Louisiana Department of Agriculture
and Forestry and the respective parish office of homeland security and emergency
preparedness pursuant to rules and regulations promulgated.
(8) Implement a public information program to provide guidance to residents in
formulating their own evacuation plans for their household pets and service animals,
inform such pet owners of the resources available to assist them in such evacuations,
and apprise pet owners of the location and other relevant guidelines for the shelters
in their area that accept household pets.
(9) Consult with each agency designated by each parish homeland security and
emergency preparedness agency to provide evacuation, transportation, and sheltering
functions.

Part 8Edit

Proposed law requires that any parish office of homeland security and emergency preparedness that chooses to designate a local parish department or local entity as the primary department or entity authorized to coordinate and provide for the evacuation, transportation, or sheltering of household pets and service animals to provide written notification to the Dept. of Agriculture and Forestry and the state office of homeland security and emergency preparedness as to the primary department's or entity's physical location and contact information. Proposed law further requires Dept. of Agriculture and Forestry and the state office of homeland security and emergency preparedness to coordinate with such designated primary department or local entity as to their duties relative to the evacuation, transportation, and sheltering of household pets and service animals.

Proposed law defines:

(1) "Service animal" as any animal that assists or performs tasks for a person with a sensory, emotional, mental, or physical disability.

SLS 06RS-117 ORIGINAL
SB NO. 607
(2) "Household pet" as any cat, dog, and other domesticated animal normally

maintained in or near the household of the owner or person who cares for such domesticated animal.

Present law provides for a limitation of liability of an owner or operator of any facility who voluntarily and without compensation grants a license or privilege or otherwise permits the state or local homeland security and emergency preparedness agency use of the facility for the purpose of sheltering persons during an actual, impending, mock, or practice emergency unless the gross negligence or the willful and wanton misconduct of the person owning or operating the facility or his successor in interest in the proximate cause of the death, injury, loss, or damage occurring during the sheltering period.

Proposed law retains present law and provides for a limitation of liability of the owner or operator of any facility who voluntarily and without compensation grants a license or privilege or otherwise permits the state or local homeland security and emergency preparedness agency use of the facility for the purpose of sheltering household pets or service animals during an actual, impending, mock, or practice emergency unless the gross negligence or the willful and wanton misconduct of the person owning or operating the facility or his successor in interest in the proximate cause of the death, injury, loss, or damage occurring during the sheltering period.

Effective upon signature of the governor or lapse of time for gubernatorial action.

(Amends R.S. 29:726(E)(20), 729(E)(13) and 733.1; adds R.S. 29:726(E)(21) and 729(E)(14))

See also Edit

External links Edit

  • PDF Source for bill text: legis.state.la.us
  • Take Action Send a message to your state senator
    • S.B. 607 - The Pet Evacuation Bill - To Be Heard on Tuesday, April 18!
  • The Daily Iberian (April 6, 2006) ‘People and pets’ push on (discusses S.B. 607)

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