Legislation/LA-SB607

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Introduction

 * PDF Source: legis.state.la.us
 * Bill downloaded April 4, 2006
 * Part numbers are arbitrary and are inserted to aid edits.

Part 1
SLS 06RS-117 ORIGINAL  Regular Session, 2006 SENATE BILL NO. 607 BY SENATOR FONTENOT

EMERGENCY PREPAREDNESS. Provides relative to a disaster operation plan for service animals and household pets. (gov sig)

1 AN ACT 2 To amend and reenact R.S. 29:726(E)(20), 729(E)(13), and 733.1 and to enact R.S. 3 29:726(E)(21) and 729(E)(14), relative to emergency preparedness; to provide 4 additional authorities and responsibilities to the office of homeland security and 5 emergency preparedness and to parish homeland security and emergency 6 preparedness agencies relative to a disaster operation plan for service animals and 7 household pets; to provide for limitation of liability of emergency personnel and 8 owners and operators of facilities used for shelter in emergencies; and to provide for 9 related matters. 10 Be it enacted by the Legislature of Louisiana: 11 Section 1. R.S. 29:726(E)(20), 729(E)(13), and 733.1 are hereby amended and 12 reenacted and R.S. 29:726(E)(21) and 729(E)(14) are hereby enacted to read as follows: 13 §726. Governor's Office of Homeland Security and Emergency Preparedness; 14 authority and responsibilities 15 * * * 16 E. The office shall either directly or through authorized assignment to another 17 state agency or department:

Part 2
SLS 06RS-117 ORIGINAL  SB NO. 607 * * * (20) (a) In consultation with experts in the fields of animal sheltering,  veterinary medicine, public health and safety, and other professional and  technical personnel deemed appropriate, formulate emergency operation plans  for the humane evacuation, transport, and temporary sheltering of service  animals and household pets in times of emergency or disaster that:

(i) Require that persons with disabilities who utilize service animals are evacuated, transported, and sheltered with those service animals.

(ii)(aa) Identify or establish, as the case may be, a sufficient number of evacuation shelters that are in close proximity to a human sheltering facility  designed and equipped to accept and temporarily house household pets and  canine search and rescue teams.

(bb) Develop guidelines for such "side by side" shelters which may include standards or criteria for admission to such shelters, health and safety  standards, protocols, and procedures for ensuring adequate sheltering,  management, and veterinary staffing for such shelters.

(iii)(aa) Enable, wherever possible, joint pet-owner evacuation for disabled, elderly, special needs residents, and all other residents whenever such  evacuations can be accomplished without endangering human life.

(bb) The office shall establish an identification system to ensure that household pet owners who are separated from their household pets during an  evacuation are provided with all information necessary to locate and reclaim  such household pet. In establishing such identification system, a tracking number system shall be developed.

(iv) Allow household pets in cages or carriers, that safely and securely confine such pets and are specifically designed for the containment and transport of such pets to utilize public transportation during an impending  disaster, when doing so does not endanger human life. If such pets are not allowed to use public transportation, separate transportation shall be provided

Part 3
SLS 06RS-117 ORIGINAL  SB NO. 607

for these pets to the shelter in closest proximity to the human sheltering facility  in which the animal’s owner or custodian will be temporarily housed when such  location is known. If the location of the owner or custodian is not known, transportation to the nearest evacuation shelter shall be provided.


 * (v)
 * Direct animal shelters, humane societies, veterinary offices, boarding kennels, breeders, grooming facilities, hospitals, schools, animal testing facilities, and any other businesses or not for profit agencies that normally  house pets or service animals to create evacuation plans for such animals  consistent with the provisions of this Paragraph. Such plans shall be made  available to the public upon request and shall be filed annually with the  Louisiana Department of Agriculture and Forestry, office of animal health  services and with their respective parish office of homeland security and  emergency preparedness.


 * (vi)
 * Implement a public information program to provide guidance to household pet owners in formulating their own evacuation plans for their household pets and service animals, inform such pet owners of the resources  available to assist them in such evacuations, and apprise such pet owners of the  location and other relevant guidelines for the shelters in their area that accept  pets.


 * (b)
 * In creating disaster operation plans for household pets and service animals, the office shall consult with each agency designated by each parish homeland security and emergency preparedness agency to provide evacuation,  transportation, and sheltering functions as provided for in R.S. 29:729(E)(13).


 * (c)
 * For the purposes of this Paragraph, "service animal" shall mean any animal that assists or performs tasks for a person with a sensory, emotional, mental, or physical disability.


 * (d)
 * For the purposes of this Paragraph, "household pet" shall mean any cat, dog, and other domesticated animal normally maintained in the household of the owner or person who cares for such domesticated animal.

Part 4
SLS 06RS-117 ORIGINAL  SB NO. 607

(21)  Do other things necessary, incidental, or appropriate for the implementation of this Chapter. * * * §729. Parish homeland security and emergency preparedness agency authorities and

responsibilities * * *

E. The parish office of homeland security and emergency preparedness shall: * * *

(13) (a) In consultation with experts in the fields of animal sheltering,  veterinary medicine, public health and safety, and other professional and  technical personnel deemed appropriate, formulate emergency operation plans  for the humane evacuation, transport, and temporary sheltering of service  animals and household pets in times of emergency or disaster that:

(i) Require that persons with disabilities who utilize service animals are evacuated, transported, and sheltered with those service animals.

(ii)(aa) Identify or establish, as the case may be, in conjunction with the state office of homeland security and emergency preparedness, a sufficient  number of shelters that are in close proximity to a human sheltering facility  designed and equipped to accept and temporarily house the household pets of  evacuees and canine search and rescue teams.

(bb) Develop guidelines for such “side by side” shelters which may include standards or criteria for admission to such shelters, health and safety  standards, protocols, and procedures for ensuring adequate sheltering,  management, and veterinary staffing for such shelters.

(iii)(aa) Enable, wherever possible, joint pet-owner evacuation for disabled, elderly, special needs residents, and all other residents whenever such  evacuations can be accomplished without endangering human life.

(bb) The office shall establish an identification system to ensure that household pet owners who are separated from their household pets during an

SLS 06RS-117 ORIGINAL  SB NO. 607

evacuation are provided with all information necessary to locate and reclaim  such household pet. In establishing such identification system, a tracking number system shall be developed with one number being used exclusively and  consistently in association with and for the same household pet until such time  as the household pet is reunited with its owner.


 * (iv)
 * Allow household pets in cages or carriers that safely and securely confine such pets and are specifically designed for the containment and transport of such pets, to use public transportation during mandatory  evacuations when doing so does not endanger human life. If such pets are not  allowed to use public transportation, separate transportation shall be provided  for these pets to the shelter in closest proximity to the human sheltering facility  in which the animal’s owner or custodian will be temporarily housed when such  location is known.


 * (v)
 * Establish protocols which authorize the parish designated animal control, animal sheltering, or animal care agency in each parish to develop "side by side" evacuation of household pets.


 * (vi)
 * Require that animal shelters, humane societies, veterinary offices, boarding kennels, breeders, grooming facilities, hospitals, schools, animal testing facilities, and any other businesses or not for profit agencies that  normally house household pets or service animals, create evacuation plans for  such animals consistent with the provisions of this Paragraph. Such plans shall  be made available to the public upon request and shall be filed annually with  the Louisiana Department of Agriculture and Forestry and with their respective  parish homeland security and emergency preparedness agency.

(vii) Implement a public information program to provide guidance to household pet owners in formulating their own evacuation plans for their household pets and service animals, inform such pet owners of the resources  available to assist them in such evacuations, and apprise such pet owners of the  location, admission criteria, and other relevant guidelines for shelters in their

Part 5
SLS 06RS-117 ORIGINAL  SB NO. 607

'''area that accept household pets. '''

(b)(i) In creating emergency operation plans pursuant to this Paragraph, the parish office of homeland security and emergency preparedness may  delegate any or all of the evacuation, transportation, sheltering, or other  functions delineated herein to the agency with authority over animal control or  animal related issues in that parish which shall serve as the primary department  or local entity provided however, that such primary department or local entity  may delegate any or all such functions to public or private agencies with  expertise in the areas of animal control, animal sheltering, or animal care.

(ii)Any parish office of homeland security and emergency preparedness that chooses to designate a local parish department or local entity as the  primary department or entity authorized to coordinate and provide for the  evacuation, transportation, or sheltering of household pets and service animals  shall provide written notification to the Department of Agriculture and Forestry  and the state office of homeland security and emergency preparedness as to the  primary department's or entity's physical location and contact information. The Department of Agriculture and Forestry and the state office of homeland security and emergency preparedness shall coordinate with such designated  primary department or entity as to their duties relative to the evacuation,  transportation, and sheltering of household pets and service animals.


 * (c)
 * For the purposes of this Paragraph, "service animal" shall mean any animal that assists or performs tasks for a person with a sensory, emotional, mental, or physical disability.


 * (d)
 * For the purposes of this Paragraph, "household pet" shall mean any cat, dog, and other domesticated animal normally maintained in or near the household of the owner or person who cares for such domesticated animal.

(14) Do other things necessary, incidental, or appropriate for the

implementation of this Chapter. * * *

Part 6
SLS 06RS-117 ORIGINAL  SB NO. 607 1 §733.1. Limitation of liability of owner or operator of facilities 2 Any person or organization, public or private, owning or operating 3 immovable property or other premises who voluntarily and without compensation 4 grants a license or privilege or otherwise permits the designation by the state or local 5 homeland security and emergency preparedness agency or use of the whole or any 6 part of the immovable property or premises for the purpose of sheltering persons or 7 household pet or service animals during an actual, impending, mock, or practice 8 emergency, together with his successor in interest, if any, shall not be liable for the 9 death of, or injury to, any person or household pets or service animals on or about 10 such immovable property or premises during the actual, impending, mock, or 11 practice emergency, or for loss of, or damage to, the property of such person, solely 12 by reason or as a result of the license, privilege, designation, or use, unless the gross 13 negligence or the willful and wanton misconduct of the person owning or operating 14 the immovable property or premises or his successor in interest is the proximate 15 cause of the death, injury, loss, or damage occurring during the sheltering period. 16 Section 2. This Act shall become effective upon signature by the governor or, if not 17 signed by the governor, upon expiration of the time for bills to become law without signature 18 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 19 vetoed by the governor and subsequently approved by the legislature, this Act shall become 20 effective on the day following such approval.

The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Cathy R. Wells.

DIGEST
Proposed lawrequires the state office of homeland security and emergency preparedness and each parish homeland security and emergency preparedness agency to consult with experts in the fields of animal sheltering, veterinary medicine, public health and safety, and other professional and technical personnel deemed appropriate to formulate emergency operation plans for the humane evacuation, transport, and temporary sheltering of service animals and household pets in times of emergency or disaster.

Proposed law requires such emergency operation plans to:

(1) Require that persons with disabilities who utilize service animals are evacuated, transported, and sheltered with those service animals.

SLS 06RS-117 ORIGINAL 

Part 8
Proposed law requires that any parish office of homeland security and emergency preparedness that chooses to designate a local parish department or local entity as the primary department or entity authorized to coordinate and provide for the evacuation, transportation, or sheltering of household pets and service animals to provide written notification to the Dept. of Agriculture and Forestry and the state office of homeland security and emergency preparedness as to the primary department's or entity's physical location and contact information. Proposed law further requires Dept. of Agriculture and Forestry and the state office of homeland security and emergency preparedness to coordinate with such designated primary department or local entity as to their duties relative to the evacuation, transportation, and sheltering of household pets and service animals.

Proposed law defines:

(1) "Service animal" as any animal that assists or performs tasks for a person with a sensory, emotional, mental, or physical disability.

maintained in or near the household of the owner or person who cares for such domesticated animal.

Present law provides for a limitation of liability of an owner or operator of any facility who voluntarily and without compensation grants a license or privilege or otherwise permits the state or local homeland security and emergency preparedness agency use of the facility for the purpose of sheltering persons during an actual, impending, mock, or practice emergency unless the gross negligence or the willful and wanton misconduct of the person owning or operating the facility or his successor in interest in the proximate cause of the death, injury, loss, or damage occurring during the sheltering period.

Proposed law retains present law and provides for a limitation of liability of the owner or operator of any facility who voluntarily and without compensation grants a license or privilege or otherwise permits the state or local homeland security and emergency preparedness agency use of the facility for the purpose of sheltering household pets or service animals during an actual, impending, mock, or practice emergency unless the gross negligence or the willful and wanton misconduct of the person owning or operating the facility or his successor in interest in the proximate cause of the death, injury, loss, or damage occurring during the sheltering period.

Effective upon signature of the governor or lapse of time for gubernatorial action.

(Amends R.S. 29:726(E)(20), 729(E)(13) and 733.1; adds R.S. 29:726(E)(21) and 729(E)(14))