RDCSB58 4152 2916
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 58 Engrossed 2021 Regular Session Womack
Present law requires that every impounded horse, mule, donkey, or ass be branded with a
distinctive brand that is burned into the hide of the animal. Present law further requires that
records of the brand and a description of the animal be kept by the patrol and the pound
keeper.
Proposed law deletes the branding requirement and instead requires every impounded animal
to be permanently identified by branding, tattoo, electronic device, or other method of
identification approved by the commissioner.
Proposed law requires records of the identification method, including a description of the
animal, to be maintained by the impounding jurisdiction.
Present law provides that a person who finds a corporeal movable that has been lost must
make a diligent effort to locate its owner or possessor and to return the thing to them.
Present law also provides that one who has possessed a movable as a good faith owner under
an act sufficient to transfer ownership, and without interruption for three years, acquires
ownership by prescription.
Proposed law requires the possessor of a found domestic animal to prove the animal lacked
a microchip or other owner-identifying information prior to claiming ownership under
present law, and that the presence of owner-identifying information creates a rebuttable
presumption that the possessor has not satisfied the requirements for ownership under
present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 3:2856; Adds C.C. Art. 3419.1)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Agriculture, Forestry,
Aquaculture, and Rural Development to the engrossed bill:
1. Add a provision that requires the possessor of a found domestic animal to prove
the animal lacked a microchip or other owner-identifying information prior to
claiming ownership under present law, and that the presence of owner-
identifying information creates a rebuttable presumption that the possessor has
not satisfied the requirements for ownership under present law.
2. Make technical changes.
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