GREEN SHEET REDIGEST
HB 854 2024 Regular Session Geymann
WILDLIFE & FISHERIES: Provides for exemption to wildlife rehabilitation program
rules.
DIGEST
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, an individual may possess in captivity any sick, injured, or orphaned wildlife while
providing care for up to 90 days under the following conditions:
(1)For squirrel, opossum, rabbit or chipmunk, limit of one animal or litter per
individual.
(2)Single raccoon or skunk, upon notification of LDWF and receipt of information on
rabies vectors and a list of rehabilitators.
(3)Possessors held strictly liable for damages to persons or property. 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 provides that an individual may possess sick, injured, or orphaned wildlife
beyond 90 days under the following conditions:
(1)The individual satisfies LDWF training requirements, which shall be offered online
and provide information on safety, husbandry, and diseases.
(2)The individual applies for a Special Purpose and Possession permit.
(3)A Louisiana licensed veterinarian determines the animal is non-releasable or is
adjusted to captivity.
Proposed law requires LDWF to issue the permit where all requirements are met, and the
individual shall be allowed to possess the animal for the remainder of its life. Further
requires that the animal shall be spayed or neutered, and rabies vector species shall be
microchipped.
Proposed law provides that a Louisiana licensed veterinarian is not liable for injury, illness,
death, loss, civil penalty, or damage in determining the animal is non-releasable or is
adjusted to captivity, except in cases of gross negligence or willful misconduct.
Proposed law prohibits use of any animal possessed under proposed law for exploitation,
including promotion, commerce, or pet trade. Further provides that any such use shall be
grounds for seizure of the animal and revocation of the permit.
(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.
Page 1 of 2
Prepared by Jacob Wilson. 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Natural Resources to the
reengrossed bill
1. Provide requirements for an individual to possess certain sick, injured, or
orphaned wildlife while providing care.
2. Require LDWF to issue a Special Purpose and Possession permit in certain
circumstances.
3. Add a limitation of liability for veterinarians in determining an animal is
non-releasable or adjusted to captivity.
4. Prohibit exploitation of wildlife.
Page 2 of 2
Prepared by Jacob Wilson.