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Regular Session, 2010
SENATE BILL NO. 36
BY SENATORS THOMPSON, LONG, NEVERS, RISER, SMITH AND WALSWORTH
ANIMALS. Requires the Louisiana Board of Animal Health to establish animal care
standards for livestock and poultry. (gov sig)
AN ACT1
To enact R.S. 3:2093(10) and 2095.1, relative to the Louisiana Board of Animal Health; to2
require the board to adopt rules and regulations establishing standards governing the3
care and well-being of bovine, equine, ovine, caprine, porcine, and poultry; to4
prohibit local ordinances, laws, subdivision restrictions or regulations establishing5
standards applicable to the care and well-being of bovine, equine, ovine, caprine,6
porcine, and poultry; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 3:2093(10) and 2095.1 are hereby enacted to read as follows: 9
§2093. Powers10
The Louisiana Board of Animal Health shall have the following powers and11
duties:12
* * *13
(10) To adopt such rules and regulations as may be necessary to14
establish standards governing the care and well-being of bovine, equine, ovine,15
caprine, porcine, and poultry bred, kept, maintained, raised, or used for show,16
profit, or for the purpose of selling or otherwise producing crops, animals, or17 SB NO. 36
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plant or animal products for market. The board shall consider the following1
when adopting the standards:2
(a) The health and husbandry of the bovine, equine, ovine, caprine,3
porcine, and poultry.4
(b) Generally accepted farm management practices.5
(c) Generally accepted veterinary standards and practices.6
(d) The economic impact the standards may have on bovine, equine,7
ovine, caprine, porcine, and poultry farmers, the affected bovine, equine, ovine,8
caprine, porcine, and poultry sectors, and consumers.9
* * *10
§2095.1. Local regulations11
A. No municipality, parish, local governmental entity or governing12
authority of any group or association, private or public, having jurisdiction over13
a specific geographic area shall enact ordinances, laws, subdivision restrictions14
or regulations establishing standards applicable to the care and well-being of15
bovine, equine, ovine, caprine, porcine, and poultry bred, kept, maintained,16
raised, or used for show, profit, or for the purpose of selling or otherwise17
producing crops, animals, or plant or animal products for market, except as18
provided herein.19
B. Municipalities, parishes, and local governmental entities or governing20
authorities of any group or association may request that the rules and21
regulations establishing standards applicable to the care and well-being of22
bovine, equine, ovine, caprine, porcine, and poultry bred, kept, maintained,23
raised, or used for show, profit, or for the purpose of selling or otherwise24
producing crops, animals, or plant or animal products for market be amended25
to provide for specific problems encountered in or by the entity, group or26
association. The following provisions shall govern any such request:27
(1) The request shall be addressed to the commissioner.28
(2) The Louisiana Board of Animal Health shall conduct a hearing.29 SB NO. 36
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(3) The Louisiana Board of Animal Health shall make a preliminary1
determination as to the advisability of amending the state rules and regulations2
and shall transmit its determination to the commissioner.3
(4) The commissioner shall make the final determination as to the4
desirability of amending the state rules and regulations.5
(5) If the commissioner determines that the rules and regulations should6
be amended, a rule or regulation consistent with the commissioner's7
determination shall be adopted by the commission in accordance with the8
Administrative Procedure Act. If the commissioner determines that the rules9
or regulations should not be amended, a written notice of the decision shall be10
provided to the requesting party.11
C. Municipalities, parishes, and local governmental entities may petition12
the commissioner for approval of an ordinance establishing standards13
applicable to the care and well-being of bovine, equine, ovine, caprine, porcine,14
and poultry bred, kept, maintained, raised, or used for show, profit, or for the15
purpose of selling or otherwise producing crops, animals, or plant or animal16
products for market. The governing authority of a public or private group or17
association may petition the commissioner for approval of restrictions18
applicable to the specific geographic area over which the group or association19
has jurisdiction. The procedure for obtaining such approval shall be as follows:20
(1) Any proposed ordinance or restriction shall be sent to the21
commissioner who shall refer the ordinance to the Louisiana Board of Animal22
Health for a hearing.23
(2) The Louisiana Board of Animal Health shall make a preliminary24
determination as to the advisability of amending the state rules and regulations25
and shall transmit its determination to the commissioner.26
(3) Upon receipt of the recommendation of the Louisiana Board of27
Animal Health, the commissioner shall approve or disapprove the proposed28
ordinance or restriction.29 SB NO. 36
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(4) Both the Louisiana Board of Animal Health and the commissioner1
shall be guided by the provisions of this Section in making their respective2
determinations.3
(5) The requesting party shall be notified of the decision in writing.4
(6) Any governing authority aggrieved by a final decision of the5
commissioner shall have a right of judicial review of the administrative process6
pursuant to the provisions of the Administrative Procedure Act.7
D. Municipalities, parishes, and local governmental entities or governing8
authorities of a public or private group or association, having in effect, on July9
1, 2010, an ordinance or restriction establishing standards applicable to the care10
and well-being of bovine, equine, ovine, caprine, porcine, and poultry bred,11
kept, maintained, raised, or used for show, profit, or for the purpose of selling12
or otherwise producing crops, animals, or plant or animal products for market,13
shall submit the ordinance to the commissioner on or before December 1, 2010,14
for approval pursuant to this Section. Any such ordinance or restriction15
received by the commissioner on or before December 1, 2010, shall continue in16
full force and effect unless the commissioner disapproves the ordinance or17
restriction in accordance with this Section. Any such ordinance not received by18
the commissioner on or before December 1, 2010, shall be void.19
E. Nothing contained in this Section shall prohibit a municipality,20
parish, local governmental entity or governing authority of any group or21
association, private or public, having jurisdiction over a specific geographic22
area from enacting ordinances, laws, subdivision restrictions or regulations23
regarding possession of bovine, equine, ovine, caprine, porcine, or poultry.24
Section 2. This Act shall become effective upon signature by the governor or, if not25
signed by the governor, upon expiration of the time for bills to become law without signature26
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If27
vetoed by the governor and subsequently approved by the legislature, this Act shall become28
effective on the day following such approval.29 SB NO. 36
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The original instrument was prepared by Curry Johnson. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Linda Nugent.
DIGEST
Thompson (SB 36)
Proposed law requires the Louisiana Board of Animal Health to adopt rules and regulations
establishing standards governing the care and well-being of bovine, equine, ovine, caprine,
porcine, and poultry bred, kept, maintained, raised, or used for show, profit or for the
purpose of selling or otherwise producing crops, animals, or plant or animal products for
market. The board shall consider the following when adopting the standards:
(1)The health and husbandry of the bovine, equine, ovine, caprine, porcine, and poultry.
(2)Generally accepted farm management practices.
(3)Generally accepted veterinary standards and practices.
(4)The economic impact the standards may have on bovine, equine, ovine, caprine,
porcine, and poultry farmers, the affected bovine, equine, ovine, caprine, porcine,
and poultry sector, and consumers.
Proposed law prohibits municipalities, parishes, local governmental entities or governing
authorities of any group or association, private or public, having jurisdiction over a specific
geographic area from enacting ordinances, laws, subdivision restrictions or regulations
establishing standards applicable to the care and well-being of bovine, equine, ovine,
caprine, porcine, and poultry.
Proposed law provides that municipalities, parishes, and local governmental entities or
governing authorities of any group or association may request that the rules and regulations
establishing standards applicable to the care and well-being of bovine, equine, ovine,
caprine, porcine, and poultry be amended to provide for specific problems encountered in
or by the entity, group or association. The following provisions shall govern any such
request:
(1)The request shall be addressed to the commissioner.
(2)The Board of Animal Health shall conduct a hearing.
(3)The Board of Animal Health shall make a preliminary determination as to the
advisability of amending the state rules and regulations and shall transmit its
determination to the commissioner.
(4)The commissioner shall make the final determination as to the desirability of
amending the state rules and regulations.
(5)If the commissioner determines that the rules and regulations should be amended, a
rule or regulation consistent with the commissioner's determination shall be adopted
by the commission in accordance with the APA. If the commissioner determines that
the rules or regulations should not be amended, a written notice of the decision shall
be provided to the requesting party.
Proposed law allows municipalities, parishes, and local governmental entities to petition the
commissioner for approval of an ordinance establishing standards applicable to the care and
well-being of bovine, equine, ovine, caprine, porcine, and poultry. The governing authority
of a public or private group or association may petition the commissioner for approval of SB NO. 36
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words in boldface type and underscored are additions.
restrictions applicable to the specific geographic area over which the group or association
has jurisdiction. Provides a procedure for obtaining such approval.
Proposed law provides that municipalities, parishes, and local governmental entities or
governing authorities of a public or private group or association, having in effect, on July
1, 2010, an ordinance or restriction establishing standards applicable to the care and well-
being of bovine, equine, ovine, caprine, porcine, and poultry shall submit the ordinance to
the commissioner on or before December 1, 2010, for approval. Any such ordinance or
restriction received by the commissioner on or before December 1, 2010, shall continue in
full force and effect unless the commissioner disapproves the ordinance or restriction in
accordance with proposed law. Voids any such ordinance not received by the commissioner
on or before December 1, 2010.
Proposed law specifies that the local governing authorities are still authorized to enact laws,
ordinances, subdivision restrictions or regulations regarding the possession of such animals.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 3:2093(10) and 2095.1)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. Replaces "livestock" with "bovine, equine, ovine, caprine, and porcine."
2. Specifies that these animals are bred, kept, maintained, raised, or used for
show, profit, or for the purpose of selling or otherwise producing crops,
animals, or plant or animal products for market.
3. Specifies that the local governing authorities are still authorized to enact
laws, ordinances, subdivision restrictions or regulations regarding the
possession of such animals.