25 LC 44 3108S/AP
House Bill 331 (AS PASSED HOUSE AND SENATE)
By: Representatives Camp of the 135
th
, Hagan of the 156
th
, Gullett of the 19
th
, Cameron of
the 1
st
, New of the 40
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated,
1
relating to general provisions regarding animal protection, so as to prohibit the transfer of2
certain domestic animals at certain locations; to provide for exceptions; to provide for3
enforcement; to provide for penalties; to provide for definitions; to provide for related4
matters; to repeal conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to8
general provisions regarding animal protection, is amended by adding a new Code section9
to read as follows:10
"4-11-10.1.
11
(a) For purposes of this Code section, the term:12
(1) 'Consideration' means anything of value, including, but not limited to, cash, credit,13
electronic payment, services, or any type of property or interest in property. A14
transaction shall be deemed to be 'for consideration' if it occurs in connection with any15
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payment of consideration or other commercial transaction, including, but not limited to,16
a sale, adoption, rehoming, lease, trade, exchange, swap, or barter transaction.17
(2) 'Transfer' means a transaction in which for consideration a dog, cat, or domestic18
rabbit, or any interest in any such animal, is exchanged, offered to be exchanged, or19
advertised for a commercial purpose.20
(b) It shall be unlawful for any person to engage in the transfer of any dog, cat, or domestic21
rabbit at any roadside, public right of way, parkway, median, public or commercial parking22
lot or sidewalk, park, recreation area, fair, transient or seasonal flea market, or a similar23
transient market or outdoor location, regardless of whether such activity is otherwise24
authorized by any person or entity.25
(c) This Code section shall not apply to:26
(1) The transfer of any dog, cat, or domestic rabbit by a person or entity that has and27
produces upon request, whether in paper, electronic, or other form, a valid animal shelter28
license issued by the department;29
(2) Any transfer that takes place at a residence or inside of a veterinarian's office or other30
business establishment;31
(3) The transfer of any dog, cat, or domestic rabbit by a paid entrant as part of an event32
or show sanctioned by a national breed club or association, 4-H program, or similar33
agricultural exhibition; or34
(4) The prearranged transfer between a dog, cat, or domestic rabbit seller and a specific35
purchaser that takes place at a police department, sheriff's office, or other similar law36
enforcement facility during daylight hours, unless otherwise prohibited.37
(d) An animal control officer who is an employee of state or local government or any38
sheriff, deputy sheriff, or other peace officer is authorized to enforce the provisions of this39
Code section and to impound any animal subject to a transfer in violation of this Code40
section.41
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(e) A person found guilty of violating this Code section shall be subject to a fine not to42
exceed:43
(1) For the first offense, $100.00;44
(2) For the second offense, $250.00; and45
(3) For a third or subsequent offense, $500.00."46
SECTION 2.47
Said article is further amended by revising Code Section 4-11-16, relating to penalties, as48
follows:49
"4-11-16.50
(a) Except as otherwise provided in Code Section 4-11-10.1, 16-12-4, or 16-12-37, any51
person violating any of the provisions of this article shall be guilty of a misdemeanor and52
shall be punished as provided in Code Section 17-10-3; provided, however, that, if such53
offense is committed by a corporation, such corporation shall be punished by a fine not to54
exceed $1,000.00 for each such violation, community service of not less than 200 hours nor55
more than 500 hours, or both.56
(b) Each violation of this article shall constitute a separate offense."57
SECTION 3.58
All laws and parts of laws in conflict with this Act are repealed.59
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