Louisiana 2021 2021 Regular Session

Louisiana Senate Bill SB50 Introduced / Bill

                    SLS 21RS-77	ORIGINAL
2021 Regular Session
SENATE BILL NO. 50
BY SENATORS CARTER, BOUIE AND TARVER AND REPRESENTATIVE GARY
CARTER 
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ANIMALS.  Provides relative to determination of ownership of a domestic animal. (8/1/21)
1	AN ACT
2 To enact Civil Code Article 3419.1, relative to ownership of domestic animals; to provide
3 for determination of ownership; and to provide for related matters.
4 Be it enacted by the Legislature of Louisiana:
5 Section 1. Civil Code Article 3419.1 is hereby enacted to read as follows:
6 Art.  3419.1. Lost things; domestic animals
7	To claim ownership of a domestic animal pursuant to Articles 3419 or
8 3490, the possessor must prove that the animal when acquired lacked a
9 microchip or other owner-identifying information such as a collar, rabies tag,
10 or tattoo. The presence of owner-identifying information creates a rebuttable
11 presumption that the possessor has not satisfied the requirements for ownership
12 under Articles 3419 or 3490.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cathy Wells.
DIGEST
SB 50 Original	2021 Regular Session	Carter
Present law (C.C. Art. 3419) provides that anyone who finds a corporeal movable that has
been lost is bound to make a diligent effort to locate its owner or possessor and to return the
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 50
SLS 21RS-77	ORIGINAL
thing to him. If a diligent effort is made and the owner is not found within three years, the
finder acquires ownership.
Present law (C.C. Art. 3490) provides that anyone who has possessed a movable as owner,
in good faith, under an act sufficient to transfer ownership, and without interruption for three
years, acquires ownership by prescription.
Proposed law requires the possessor of a domestic animal to prove that the animal, when
acquired, lacked a microchip or other owner-identifying information such as a collar, rabies
tag, or tattoo to claim ownership. The presence of such information creates a rebuttable
presumption that the possessor has not satisfied the requirements for ownership required by
present law. Otherwise retains present law. 
Effective August 1, 2021.
(Adds C.C. Art. 3419.1)
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.