HLS 24RS-2078 REENGROSSED
2024 Regular Session
HOUSE BILL NO. 854
BY REPRESENTATIVES GEYMANN, AMEDEE, BACALA, BAYHAM, CHASSION,
COX, HORTON, JACOB LANDRY, MCCORMICK, AND VENTRELLA
WILDLIFE & FISHERIES: Provides for exemption to wildlife rehabilitation program rules
1 AN ACT
2To enact R.S. 56:125.1, relative to wildlife possession; to provide for an exemption to
3 Wildlife Rehabilitation Program rules for possession of wildlife; to provide for strict
4 liability of anybody in possession of certain animal species that cause damages to a
5 person or property; to provide for a limitation of liability; and to provide for related
6 matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 56:125.1 is hereby enacted to read as follows:
9 ยง125.1. Wildlife Rehabilitation Program; exemption
10 A. Notwithstanding any local ordinance, administrative rule, or any other
11 provision of law to the contrary, individuals may possess in captivity any sick,
12 injured, or orphaned wildlife if they have satisfied the course requirements of the
13 Wildlife Rehabilitation Program, as provided for in LAC 76:V.131, and a licensed
14 veterinarian has determined that the animal is medically nonreleasable or exhibits
15 signs of adjusted life in captivity. Wildlife included under this exemption shall be
16 limited to the following species: (1) squirrel, (2) skunk, (3) opossum, (4) raccoon,
17 (5) rabbit, or (6) chipmunk, with such possession limited to one animal per
18 individual. Individuals in possession of one of these animals shall be held strictly
19 liable for any damages for injuries to persons or property caused by the animal.
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HB NO. 854
1 B. A licensed Louisiana veterinarian shall not be liable to any person for any
2 injury, illness, death, loss, civil penalty, or damage as a result of any act or omission
3 in determining that the animal is medically nonreleasable or exhibits signs of
4 adjusted life in captivity as required by the provisions of this Section. However, this
5 limitation of liability shall not be applicable if the damage, injury, or loss was caused
6 by the gross negligence or willful or wanton misconduct of the licensed Louisiana
7 veterinarian.
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)]
HB 854 Reengrossed 2024 Regular Session Geymann
Abstract: Provides for exemption to Wildlife Rehabilitation Program rules.
Proposed law adds an exemption to the Wildlife Rehabilitation Program rules regarding
possession of wildlife. Proposed law provides that, notwithstanding any law or rules to the
contrary, individuals may possess in captivity any sick, injured or orphaned wildlife if they
have satisfied the course requirements of the Wildlife Rehabilitation Program, as provided
by administrative rule, and a licensed veterinarian has determined that the animal is
medically non-releasable or exhibits signs of adjusted life in captivity. Proposed law
specifies that wildlife included under this exemption shall be limited to the following
species: (1) squirrel, (2) skunk, (3) opossum, (4) raccoon, (5) rabbit, or (6) chipmunk, with
such possession limited to one animal per individual. Proposed law provides for strict
liability for individuals in possession of one of these animals if they cause any damages to
persons or property.
Proposed law specifies that a licensed La. veterinarian is not liable to any person for any
injury, illness, death, loss, civil penalty, or damage as a result of any act or omission in
determining that the animal is medically nonreleasable or exhibits signs of adjusted life in
captivity as required by the provisions of this Section. Additionally specifies that this
limitation of liability is not applicable if the damage, injury, or loss was caused by the gross
negligence or willful or wanton misconduct of the licensed La. veterinarian.
(Adds R.S. 56:125.1)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill:
1. Specify that proposed law supercedes any existing local ordinance,
administrative rule, or any other provision of law to the contrary.
2. Make a technical change.
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HB NO. 854
The House Floor Amendments to the engrossed bill:
1. Remove the requirement that an animal pose minimum zoonotic potential from
the Wildlife Program Rehabilitation exemption requirements.
2. Specify that a licensed Louisiana veterinarian is not liable for any injury, illness,
death, loss, civil penalty, or damage as a result of any act or omission in
determining that the animal is medically nonreleasable or exhibits signs of
adjusted life in captivity.
3. Specify that the limitation of liability is not applicable if the damage, injury, or
loss was caused by the gross negligence or willful or wanton misconduct of the
licensed Louisiana veterinarian.
4. Make technical changes.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.