Louisiana 2016 2016 Regular Session

Louisiana Senate Bill SB337 Comm Sub / Analysis

                    RDCSB337 3405 4764
DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part
of the legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
SB 337 Reengrossed 2016 Regular Session	Martiny
Proposed law provides for the following definitions:
(1)"Animal care facility" means an animal control center or animal shelter, maintained
by or under contract with any state, parish, or municipality, whose mission or
practice is protecting the welfare of animals and the placement of animals in
permanent homes or with animal rescue organizations.
(2)"Animal rescue organization" means any not-for-profit organization which has
tax-exempt status under Section 501(c)(3) of the Internal Revenue Code, whose
mission and practice is the rescue of animals and the placement of those animals in
permanent homes, and which does not obtain dogs or cats from a breeder or broker
for payment or compensation.
(3)"Breeder" means a person who holds a class A license pursuant to the federal Animal
Welfare Act, 7 U.S.C. 2131, et seq., that has not been suspended in the last five
years.
(4) "Cat" means a member of the Felis catus family.
(5) "Dog" means a member of the Canis familiaris family, or hybrid thereof.
(6)"Offer for sale" means to sell, offer for sale or adoption, barter, auction, give away
or otherwise dispose of a dog or cat.
(7)"Retail pet store" means a retail establishment where dogs or cats are sold,
exchanged, bartered or offered for sale as pet animals to the general public at retail.
Such definition shall not include an animal care facility or animal rescue
organization.
(8) "USDA" means the United States Department of Agriculture.
Proposed law prohibits a retail pet store from offering for sale dogs and cats that have not
been obtained from the following sources:
(1) A breeder that is in compliance with present law. 
(2)A breeder that has not received from the USDA, pursuant to the Animal Welfare Act,
7 U.S.C. 2131 et seq., or regulations adopted thereunder any of the following:
(a)A citation on an inspection report for a direct violation during the three-year
period prior to the purchase of the dog or cat by the pet store.
(b)A citation on an inspection report during the three-year period prior to the
purchase of the animal by the pet store for three or more indirect violations.
(c)A citation on the two most recent inspection reports prior to the purchase of
the animal by the pet store for no-access violations.
(3)An animal care facility.
(4)An animal rescue organization.
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Proposed law prohibits a retail pet store from offering for sale a dog or cat that is younger
than eight weeks old.
Proposed law requires each retail pet store offering dogs or cats for sale to post, in a
conspicuous location on the cage or enclosure for each dog or cat, a sign containing the
name of the breeder, the breeder's USDA license number, and, if the breeder is required to
be licensed in the state in which the breeder is located, the breeder's state license number.
Proposed law requires retail pet stores offering dogs or cats for sale to maintain records of
the source of each dog or cat, including a description of the dog or cat, the name, business
address, email address, and USDA license number of the breeder for at least two years
following the date of acquisition. Such records shall be made available, immediately upon
request, to any law enforcement officer or animal control officer.
Effective upon signature of the governor or lapse of time for gubernatorial action. 
(Adds R.S. 3:2511)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Removed requirement to post USDA inspection reports of the breeder for the
two years prior to the first day that the dog or cat is offered for sale.
2. Revised requirements that sign contain certain information, and removed
certain requirements requiring posting of date and place of birth of each dog
or cat, and sex, color markings, and other identifying information of each dog
or cat, including any tag, tattoo, collar number, or microchip information, and
certain information concerning the breeder.
3. Changed "county" to "parish".
Senate Floor Amendments to engrossed bill
1. Makes legislative bureau technical changes.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the
reengrossed bill:
1. Make technical amendments.
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