SB 338 — Animal Protection; annual license fees; provide

Summary

A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to animal protection, so as to provide for annual license fees; to authorize the Commissioner to promulgate rules and regulations; to provide for applicants to submit a criminal background check; to provide for surety; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

Bill Text

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends 2 section(s) of the Official Code of Georgia Annotated: O.C.G.A. § 4-11-2; O.C.G.A. § 4-11-3.

• O.C.G.A. § 4-11-2

  fish, → cial , is a low ny pe 0 LC 44 1481S (SCS)

  amended

• O.C.G.A. § 4-11-3

  , including wholesale and retail licenses $400.00 → aid article is further amended in Code Section 4-11-3, relating to licenses for pet dealers and ennel, stable, or animal shelter operators, requirement, issuance, and application, by vising subsection (c) and by adding two new subsections to read as follows: (c) Licenses shall be issued for a period of one year and shall be annually renewable. The" Commissioner may establish separate classes of licenses . The Commissioner shall fix fees for licenses so that the revenue derived from licenses shall approximate the total direct cost of administering this article. The Commissioner may establish different fees for the different classes of licenses established, but the annual fee for any such license shall be at least $50.00 but shall not exceed $800.00. The Commissioner may establish a fee tier within each class and may establish rules and regulations by which to assign each licensed facility to the proper fee tier. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of "(f) Any applicant for a pet dealer license or animal shelter license that sells, offers to sell, exchanges, offers for adoption, provides for the care of, or otherwise engages in licensable activity relating to dogs or cats shall submit to the Commissioner a current criminal background check. No license shall be issued to any applicant that has been convicted of a criminal offense involving cruelty to animals or dogfighting. (g) The Commissioner shall require any applicant for a pet dealer license or animal shelter license, or any applicant for renewal thereof, that sells, offers to sell, exchanges, offers for adoption, provides for the care of, or otherwise engages in licensable activity relating to dogs or cats to make and deliver to the Commissioner a surety of not less than $7,500.00 nor more than $500,000.00. The Commissioner may consider the number of animals, level of risk, compliance history, and any other factor deemed relevant by the Commissioner in establishing rules and regulations to set surety amounts requirements. (1) For purposes of this subsection, the term 'surety' means a letter of credit, certificate of deposit, bond, or other written instrument issued or executed by a lending institution or bonding, surety, or insurance company licensed to do business in this state and made payable to the Commissioner. (2) The Commissioner is authorized to call upon the surety of a licensee and utilize or direct such funds as reasonably necessary to protect, ensure, and provide for the health and welfare of animals when: (A) The licensee is unable or unwilling to timely provide for the same; (B) The licensee has ceased operations by order of the Commissioner; (C) The licensee has ceased operations voluntarily and there are pending or outstanding violations of this article or the rules promulgated pursuant thereto; LC 44 1481S (SCS) (D) The animals have been impounded from the licensee's facility pursuant to Code Section 4-11-9.2; or (E) The licensee is convicted of a criminal offense involving cruelty to animals pursuant to Code Section 16-12-4 or dogfighting pursuant to Code Section 16-12-37. (3) If within 30 days the surety of a licensee is canceled, is called upon, or otherwise becomes insufficient, as determined by the Commissioner, and is not replaced or sufficiently increased, as directed by the Commissioner, then the license of such person shall immediately be revoked by operation of law without notice or hearing. (4) A surety shall not be required for any animal shelter operated by the state, a county, a municipal corporation, or any other political subdivision of the state. (5) This subsection shall not be construed to prohibit any agency's ability to utilize Code Section 4-11-9.8.

  amended

Action History

1. March 13, 2020

   House Second Readers

2. March 12, 2020

   House First Readers

3. March 10, 2020

   Senate Passed/Adopted By Substitute

4. March 10, 2020

   Senate Third Read

5. March 09, 2020

   Senate Read Second Time

6. March 09, 2020

   Senate Committee Favorably Reported By Substitute

7. March 05, 2020

   Senate Committee Favorably Reported

8. January 31, 2020

   Senate Read and Referred

9. January 30, 2020

   Senate Hopper

Sponsors

• Kay Kirkpatrick · Primary
• Ellis Black · Primary
• III Larry Walker · Primary
• Bill Cowsert · Primary
• Lee Anderson · Primary
• Nan Orrock · Primary
• Freddie Powell Sims · Primary

Votes

Subjects