| 3 | 3 | | By: Representatives Camp of the 135 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Hagan of the 156 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Gullett of the 19 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Cameron of |
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| 10 | 10 | | the 1 |
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| 11 | 11 | | st |
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| 12 | 12 | | , New of the 40 |
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| 13 | 13 | | th |
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| 14 | 14 | | , and others |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, |
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| 18 | 18 | | 1 |
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| 19 | 19 | | relating to general provisions regarding animal protection, so as to prohibit the transfer of2 |
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| 20 | 20 | | certain domestic animals at certain locations; to provide for exceptions; to provide for3 |
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| 21 | 21 | | enforcement; to provide for penalties; to provide for definitions; to provide for related4 |
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| 22 | 22 | | matters; to repeal conflicting laws; and for other purposes.5 |
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| 23 | 23 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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| 24 | 24 | | SECTION 1.7 |
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| 25 | 25 | | Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to8 |
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| 26 | 26 | | general provisions regarding animal protection, is amended by adding a new Code section9 |
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| 27 | 27 | | to read as follows:10 |
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| 28 | 28 | | "4-11-10.1. |
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| 29 | 29 | | 11 |
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| 30 | 30 | | (a) For purposes of this Code section, the term:12 |
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| 31 | 31 | | (1) 'Consideration' means anything of value, including, but not limited to, cash, credit,13 |
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| 32 | 32 | | electronic payment, services, or any type of property or interest in property. A14 |
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| 33 | 33 | | transaction shall be deemed to be 'for consideration' if it occurs in connection with any15 |
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| 36 | 36 | | payment of consideration or other commercial transaction, including, but not limited to,16 |
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| 37 | 37 | | a sale, adoption, rehoming, lease, trade, exchange, swap, or barter transaction.17 |
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| 38 | 38 | | (2) 'Transfer' means a transaction in which for consideration a dog, cat, or domestic18 |
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| 39 | 39 | | rabbit, or any interest in any such animal, is exchanged, offered to be exchanged, or19 |
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| 40 | 40 | | advertised for a commercial purpose.20 |
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| 41 | 41 | | (b) It shall be unlawful for any person to engage in the transfer of any dog, cat, or domestic21 |
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| 42 | 42 | | rabbit at any roadside, public right of way, parkway, median, public or commercial parking22 |
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| 43 | 43 | | lot or sidewalk, park, recreation area, fair, transient or seasonal flea market, or a similar23 |
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| 44 | 44 | | transient market or outdoor location, regardless of whether such activity is otherwise24 |
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| 45 | 45 | | authorized by any person or entity.25 |
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| 46 | 46 | | (c) This Code section shall not apply to:26 |
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| 47 | 47 | | (1) The transfer of any dog, cat, or domestic rabbit by a person or entity that has and27 |
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| 48 | 48 | | produces upon request, whether in paper, electronic, or other form, a valid animal shelter28 |
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| 49 | 49 | | license issued by the department;29 |
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| 50 | 50 | | (2) Any transfer that takes place at a residence or inside of a veterinarian's office or other30 |
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| 51 | 51 | | business establishment;31 |
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| 52 | 52 | | (3) The transfer of any dog, cat, or domestic rabbit by a paid entrant as part of an event32 |
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| 53 | 53 | | or show sanctioned by a national breed club or association, 4-H program, or similar33 |
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| 54 | 54 | | agricultural exhibition; or34 |
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| 55 | 55 | | (4) The prearranged transfer between a dog, cat, or domestic rabbit seller and a specific35 |
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| 56 | 56 | | purchaser that takes place at a police department, sheriff's office, or other similar law36 |
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| 57 | 57 | | enforcement facility during daylight hours, unless otherwise prohibited.37 |
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| 58 | 58 | | (d) An animal control officer who is an employee of state or local government or any38 |
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| 59 | 59 | | sheriff, deputy sheriff, or other peace officer is authorized to enforce the provisions of this39 |
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| 60 | 60 | | Code section and to impound any animal subject to a transfer in violation of this Code40 |
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| 61 | 61 | | section.41 |
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| 64 | 64 | | (e) A person found guilty of violating this Code section shall be subject to a fine not to42 |
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| 65 | 65 | | exceed:43 |
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| 66 | 66 | | (1) For the first offense, $100.00;44 |
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| 67 | 67 | | (2) For the second offense, $250.00; and45 |
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| 68 | 68 | | (3) For a third or subsequent offense, $500.00."46 |
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| 69 | 69 | | SECTION 2.47 |
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| 70 | 70 | | Said article is further amended by revising Code Section 4-11-16, relating to penalties, as48 |
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| 71 | 71 | | follows:49 |
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| 72 | 72 | | "4-11-16.50 |
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| 73 | 73 | | (a) Except as otherwise provided in Code Section 4-11-10.1, 16-12-4, or 16-12-37, any51 |
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| 74 | 74 | | person violating any of the provisions of this article shall be guilty of a misdemeanor and52 |
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| 75 | 75 | | shall be punished as provided in Code Section 17-10-3; provided, however, that, if such53 |
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| 76 | 76 | | offense is committed by a corporation, such corporation shall be punished by a fine not to54 |
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| 77 | 77 | | exceed $1,000.00 for each such violation, community service of not less than 200 hours nor55 |
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| 78 | 78 | | more than 500 hours, or both.56 |
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| 79 | 79 | | (b) Each violation of this article shall constitute a separate offense."57 |
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| 80 | 80 | | SECTION 3.58 |
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| 81 | 81 | | All laws and parts of laws in conflict with this Act are repealed.59 |
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