05 LC 14
9164
House
Bill 695
By:
Representatives Holt of the
112th
and Mills of the
25th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5 of Title 27 of the Official Code of Georgia Annotated, relating
to wild animals, so as to enact the "Disabled Assistants Act"; to revise
provisions relating to wild animal permits and licenses; to authorize the
issuance of permits for animals to assist persons with disabilities under
certain conditions; to provide for related matters; to provide for an effective
date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Disabled Assistants
Act."
SECTION
2.
Chapter
5 of Title 27 of the Official Code of Georgia Annotated, relating to wild
animals, is amended in Code Section 27-5-4, relating to wild animal licenses and
permits, by striking subsection (b) and inserting in its place a new subsection
to read as follows:
"(b)(1)
Wild
Except as
provided in paragraph (2) of this subsection,
wild animal licenses will be issued only
to persons engaged in the wholesale or retail wild animal business or persons
exhibiting wild animals to the public. Wild animal permits will be issued at no
cost and only to persons for scientific or educational purposes or to a pond
owner for grass carp or grass carp hybrids where the department has determined
that the possession of such carp by the pond owner will not constitute a threat
to wildlife; provided, however, that no such permit shall be required for
persons buying triploid grass carp from properly licensed wild animal dealers
authorized to sell grass carp where the bill of sale is retained by the buyer as
proof of such sale and where the triploid grass carp are to be stocked only into
a private pond; provided, further, that no such license or permit shall be
required solely for the transportation of wild animals through this state where
the animals remain in this state no more than 24 hours and are not sold or
transferred while in this state.
(2)
The department shall issue a wild animal permit to any person who establishes to
the satisfaction of the department that:
(A)
Such person has a disability which interferes with the
persońs
ability to perform one or more routine daily living activities;
(B)
The animal for which the permit is to be issued has been or will be trained to
assist the person in performing his or her daily living activities;
(C)
The animal will be humanely treated and will not present a health or safety
threat; and
(D)
The organization furnishing the animal to the applicant:
(i)
Is reputable, lawful, and does not have any history of violating this chapter;
and
(ii)
Provides to the department documentation and data sufficient to establish that
the organization has a proven record, over at least a ten-year period, of
furnishing animals which provide meaningful assistance to persons with
disabilities."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.