| 1 | 1 | | 25 LC 60 0029 |
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| 2 | 2 | | House Bill 75 |
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| 3 | 3 | | By: Representatives Ridley of the 22 |
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| 4 | 4 | | nd |
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| 5 | 5 | | , Ridley of the 6 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Horner of the 3 |
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| 8 | 8 | | rd |
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| 9 | 9 | | , Tarvin of the 2 |
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| 10 | 10 | | nd |
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| 11 | 11 | | , |
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| 12 | 12 | | Chastain of the 7 |
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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 relative to animal protection, so as to revise certain provisions2 |
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| 20 | 20 | | relating to the impounding of |
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| 21 | 21 | | domesticated animals by a government agency and the care of3 |
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| 22 | 22 | | such impounded domesticated animals; to require a court order prior to the euthanasia of any4 |
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| 23 | 23 | | impounded domesticated animal; to provide for state or local liability in cases of the death5 |
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| 24 | 24 | | of, loss of, or injury to an impounded domesticated animal under certain circumstances; to6 |
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| 25 | 25 | | provide for notice and hearings; to provide a definition; to provide for a short title; to provide7 |
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| 26 | 26 | | for an effective date and applicability; to provide for related matters; to repeal conflicting8 |
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| 27 | 27 | | laws; and for other purposes.9 |
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| 28 | 28 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 |
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| 29 | 29 | | SECTION 1.11 |
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| 30 | 30 | | This Act shall be known and may be cited as the "Justice for Peanut and Fred Act."12 |
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| 31 | 31 | | H. B. 75 |
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| 32 | 32 | | - 1 - 25 LC 60 0029 |
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| 33 | 33 | | SECTION 2. |
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| 34 | 34 | | 13 |
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| 35 | 35 | | Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to14 |
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| 36 | 36 | | general provisions relative to animal protection, is amended by adding a new paragraph to15 |
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| 37 | 37 | | Code Section 4-11-2, relating to definitions, to read as follows:16 |
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| 38 | 38 | | "(2.1) 'Domesticated animal' means a dog, cat, bird, fish, reptile, or other animal |
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| 39 | 39 | | 17 |
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| 40 | 40 | | customarily kept as a pet in this state and maintained in or near to the household of its18 |
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| 41 | 41 | | owner or an animal lawfully taken or possessed after procuring all licenses, stamps, tags,19 |
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| 42 | 42 | | or permits required under Title 27 and maintained in or near to the household of its20 |
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| 43 | 43 | | owner. Such term does not include livestock as defined in Code Section 4-3-2."21 |
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| 44 | 44 | | SECTION 3.22 |
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| 45 | 45 | | Said article is further amended by revising Code Section 4-11-9.3, relating to caring for an23 |
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| 46 | 46 | | impounded animal, as follows:24 |
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| 47 | 47 | | "4-11-9.3.25 |
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| 48 | 48 | | (a) It shall be the duty of any person impounding an animal under this article or Code26 |
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| 49 | 49 | | Section 4-8-24, 4-11-9.2, 16-12-4, or 16-12-37 to make reasonable and proper27 |
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| 50 | 50 | | arrangements to provide the impounded animal with humane care and adequate and28 |
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| 51 | 51 | | necessary veterinary services. Such arrangements may include, but shall not be limited to,29 |
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| 52 | 52 | | providing shelter and care for the animal at any state, federal, county, municipal, or30 |
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| 53 | 53 | | governmental facility or shelter; contracting with a private individual, partnership,31 |
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| 54 | 54 | | corporation, association, or other entity to provide humane care and adequate and necessary32 |
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| 55 | 55 | | veterinary services for a reasonable fee; or allowing a private individual, partnership,33 |
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| 56 | 56 | | corporation, association, or other entity to provide humane care and adequate and necessary34 |
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| 57 | 57 | | veterinary services as a volunteer and at no cost.35 |
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| 58 | 58 | | (b) Any person impounding an animal under this article or Code Section 4-8-24, 16-12-4,36 |
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| 59 | 59 | | or 16-12-37 or providing care for an impounded animal shall have a lien on such animal37 |
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| 60 | 60 | | for the reasonable costs of caring for such animal. Such lien may be foreclosed in any38 |
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| 61 | 61 | | H. B. 75 |
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| 62 | 62 | | - 2 - 25 LC 60 0029 |
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| 63 | 63 | | court of competent jurisdiction to hear civil cases. Liens shall be foreclosed in magistrate |
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| 64 | 64 | | 39 |
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| 65 | 65 | | courts only when the amount of the lien does not exceed the jurisdictional limits40 |
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| 66 | 66 | | established by law for such courts.41 |
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| 67 | 67 | | (c) Any person impounding an animal under this article shall be authorized to return such42 |
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| 68 | 68 | | animal to its owner, upon payment by the owner of all costs of impoundment and care and43 |
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| 69 | 69 | | upon the entry of a consent order, unless such owner has been convicted of, pled guilty to,44 |
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| 70 | 70 | | or pled nolo contendere to animal cruelty or dog fighting under any local, state, or federal45 |
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| 71 | 71 | | law, regulation, or ordinance, or in a prior administrative or legal action in this state or any46 |
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| 72 | 72 | | other state, was found to have failed to provide humane care to an animal, committed47 |
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| 73 | 73 | | cruelty to animals, or committed an act prohibited under Code Section 16-12-37 in48 |
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| 74 | 74 | | violation of the laws of this state or of the United States or any of the several states. Such49 |
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| 75 | 75 | | consent order shall provide conditions relating to the care and treatment of such animal,50 |
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| 76 | 76 | | including, but not limited to, the following, that:51 |
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| 77 | 77 | | (1) Such animal shall be given humane care and adequate and necessary veterinary52 |
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| 78 | 78 | | services;53 |
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| 79 | 79 | | (2) Such animal shall not be subjected to cruelty; and54 |
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| 80 | 80 | | (3) The owner shall comply with this article.55 |
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| 81 | 81 | | (d)(1) The provisions of subsection (c) of this Code section shall not apply to an animal56 |
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| 82 | 82 | | that was an object or instrumentality of a crime. Any government |
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| 83 | 83 | | agency impounding57 |
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| 84 | 84 | | an animal as a result of a violation of this article or Code Section 4-11-9.2, 16-12-4,58 |
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| 85 | 85 | | or 16-12-37 shall not return such animal to its owner.59 |
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| 86 | 86 | | (2) Any government agency having custody of an animal that was seized as an object or60 |
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| 87 | 87 | | instrumentality of a crime may, with the consent of the prosecuting attorney, apply to the61 |
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| 88 | 88 | | court having jurisdiction over the offense for an order authorizing such agency to dispose62 |
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| 89 | 89 | | of the animal prior to trial of the criminal case as provided by law.63 |
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| 90 | 90 | | (e) Any government agency in custody of a domesticated animal impounded pursuant to64 |
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| 91 | 91 | | this article or Code Section 4-8-24 shall be subject to liability for up to $5,000.00 for any65 |
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| 92 | 92 | | H. B. 75 |
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| 93 | 93 | | - 3 - 25 LC 60 0029 |
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| 94 | 94 | | failure of its officers or employees to exercise due care in the execution of their official66 |
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| 95 | 95 | | duties under subsection (a) of this Code section that results in the death of, loss of, or any67 |
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| 96 | 96 | | injury to such domesticated animal. This subsection shall be a limited waiver of the68 |
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| 97 | 97 | | defense of sovereign immunity of a state or local government."69 |
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| 98 | 98 | | SECTION 4.70 |
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| 99 | 99 | | Said article is further amended by revising Code Section 4-11-9.6, relating to disposal of71 |
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| 100 | 100 | | impounded animal, as follows:72 |
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| 101 | 101 | | "4-11-9.6.73 |
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| 102 | 102 | | (a)(1) The government agency having custody of an animal impounded pursuant to this74 |
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| 103 | 103 | | article which is not returned to the owner as provided in Code Sections 4-11-9.375 |
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| 104 | 104 | | and 4-11-9.5, or when ownership of the animal is relinquished by the owner for which76 |
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| 105 | 105 | | the owner has relinquished ownership, may dispose of the animal through sale by any77 |
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| 106 | 106 | | commercially feasible means, at a public auction or by sealed bids, adoption, or, if in the78 |
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| 107 | 107 | | opinion of a licensed accredited veterinarian or a veterinarian employed by a state or79 |
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| 108 | 108 | | federal government and approved by the Commissioner such animal has a temperament80 |
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| 109 | 109 | | or condition such that euthanasia is the only reasonable course of action, by humanely81 |
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| 110 | 110 | | disposing of euthanizing the animal, subject to paragraph (2) of this subsection.82 |
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| 111 | 111 | | (2) Except as otherwise provided in Code Sections 4-8-25, 4-8-26, and 4-8-30, in cases83 |
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| 112 | 112 | | involving an impounded domesticated animal for which the owner has not relinquished84 |
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| 113 | 113 | | ownership, the government agency may humanely euthanize such domesticated animal85 |
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| 114 | 114 | | only if a judge of any court of competent jurisdiction within this state finds, after notice86 |
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| 115 | 115 | | and opportunity for hearing as provided by subsection (b) of this Code section, that such87 |
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| 116 | 116 | | domesticated animal has a temperament or condition such that euthanasia is the only88 |
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| 117 | 117 | | reasonable course of action and enters an order for the euthanasia of such domesticated89 |
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| 118 | 118 | | animal.90 |
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| 119 | 119 | | H. B. 75 |
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| 120 | 120 | | - 4 - 25 LC 60 0029 |
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| 121 | 121 | | (b)(1) It shall be the duty of the government agency to immediately notify the owner of91 |
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| 122 | 122 | | any veterinarian opinion to euthanize a domesticated animal as provided in paragraph (1)92 |
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| 123 | 123 | | of subsection (a) of this Code section. Such notice shall include a summary of the93 |
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| 124 | 124 | | veterinarian's findings and a statement of the time limits for the owner to respond and94 |
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| 125 | 125 | | request a hearing as provided in paragraph (2) of this subsection. Such notice shall be95 |
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| 126 | 126 | | provided by personal service or by registered mail, certified mail, or statutory overnight96 |
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| 127 | 127 | | delivery sent to the last known address of the owner. If the owner of the domesticated97 |
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| 128 | 128 | | animal is unknown or cannot be found, service of the notice of euthanasia on such owner98 |
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| 129 | 129 | | shall be made by posting the notice in a conspicuous place at the location where the99 |
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| 130 | 130 | | domesticated animal was impounded and by publishing a notice once in a newspaper of100 |
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| 131 | 131 | | general circulation in the county where the domesticated animal was impounded.101 |
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| 132 | 132 | | (2) An owner may request, in writing, a hearing within ten business days of the date the102 |
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| 133 | 133 | | notice of euthanasia was served, or, if the owner could not be served, such owner may103 |
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| 134 | 134 | | request, in writing, a hearing within 30 days of the date of publication of the notice of104 |
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| 135 | 135 | | euthanasia. Such request for hearing shall be served upon the government agency having105 |
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| 136 | 136 | | custody of the domesticated animal. If no hearing is requested within the time limits106 |
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| 137 | 137 | | specified in this paragraph, such domesticated animal may be humanely euthanized in107 |
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| 138 | 138 | | accordance with paragraph (2) of subsection (a) of this Code section.108 |
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| 139 | 139 | | (3) The scope of the hearing shall be limited to whether euthanasia of the domesticated109 |
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| 140 | 140 | | animal is the only reasonable course of action.110 |
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| 141 | 141 | | (4) The hearing shall be conducted in accordance with the hearing procedures set forth111 |
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| 142 | 142 | | in subsection (b) of Code Section 4-11-9.5.112 |
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| 143 | 143 | | (5) Within five business days after such hearing, the hearing officer shall forward a copy113 |
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| 144 | 144 | | of the decision to the owner. If such decision is that euthanasia of the domesticated114 |
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| 145 | 145 | | animal is the only reasonable course of action, the hearing officer shall include a notice115 |
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| 146 | 146 | | of the date by which the euthanasia shall occur with a copy of the decision.116 |
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| 147 | 147 | | H. B. 75 |
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| 148 | 148 | | - 5 - 25 LC 60 0029 |
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| 149 | 149 | | (6) If the hearing officer finds that euthanasia of the domesticated animal is not the only117 |
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| 150 | 150 | | reasonable course of action, the hearing officer shall recommend that the government118 |
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| 151 | 151 | | agency having custody of the domesticated animal dispose of such domesticated animal119 |
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| 152 | 152 | | in any manner provided for in paragraph (1) of subsection (a) of this Code section except120 |
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| 153 | 153 | | euthanasia.121 |
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| 154 | 154 | | (c)(1) Any proceeds from the sale of such an animal pursuant to paragraph (1) of122 |
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| 155 | 155 | | subsection (a) of this Code section shall be used first to pay the costs associated with the123 |
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| 156 | 156 | | impoundment, including, but not limited to, removal of the animal from the premises,124 |
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| 157 | 157 | | shelter and care of the animal, notice, hearing, and disposition of the animal. Any funds125 |
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| 158 | 158 | | remaining shall:126 |
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| 159 | 159 | | (1)(A) If the owner is unknown or cannot be found, be paid into the state treasury if the127 |
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| 160 | 160 | | animal was impounded by the Commissioner or his or her designated agent or into the128 |
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| 161 | 161 | | treasury of the local government if the animal was impounded by the sheriff, a deputy129 |
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| 162 | 162 | | sheriff, another law enforcement officer, or an animal control officer; or130 |
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| 163 | 163 | | (2)(B) If the owner is known, be paid to the owner.131 |
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| 164 | 164 | | (c)(2) The government agency responsible for conducting the sale shall keep a record of132 |
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| 165 | 165 | | all sales, disbursements, and distributions made under this article."133 |
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| 166 | 166 | | SECTION 5.134 |
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| 167 | 167 | | (a) This Act shall become effective upon its approval by the Governor or upon its becoming135 |
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| 168 | 168 | | law without such approval.136 |
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| 169 | 169 | | (b) This Act shall apply to any impounding of animals and related causes of action occurring137 |
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| 170 | 170 | | on or after the effective date of this Act.138 |
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| 171 | 171 | | SECTION 6.139 |
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| 172 | 172 | | All laws and parts of laws in conflict with this Act are repealed.140 |
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| 173 | 173 | | H. B. 75 |
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| 174 | 174 | | - 6 - |
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