SB 514 - Natural Resources, Game & Fish - designation of conservation rangers

First Reader Summary

A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to make uniform certain new designations of conservation rangers; to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions concerning game and fish, so as to provide for a new designation of conservation rangers and to make certain provisions conform to such new designation.

Gillis, Sr., Hugh M (20th)
Status Summary HC: GF&P SC: NATR LA: 02/10/98 H - Read 2nd Time
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9/ 10/ 11/ 12/ 13
Code Sections - 12-5-289/ 27-1-16/ 27-1-17/ 27-1-18/ 27-1-19/ 27-1-20/ 27-1-21/ 27-1-25/ 27-2-28/ 27-3-47/ 27-3-68/ 35-4-2
Senate Action House
1/28/98 Read 1st time 2/9/98
2/3/98 Favorably Reported
2/4/98 Read 2nd Time 2/10/98
2/6/98 Read 3rd Time
2/6/98 Passed/Adopted

SB 514 98                                          LC 26 0627 
 
      SENATE BILL 514 
 
      By:  Senator Gillis of the 20th 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Title 12 of the Official Code of Georgia Annotated, 
  1- 2  relating to conservation and natural resources, so as to 
  1- 3  make uniform certain new designations of conservation 
  1- 4  rangers; to amend Chapter 1 of Title 27 of the Official Code 
  1- 5  of Georgia Annotated, relating to general provisions 
  1- 6  concerning game and fish, so as to provide for a new 
  1- 7  designation of conservation rangers and to make certain 
  1- 8  provisions conform to such new designation; to amend Title 
  1- 9  35 of the Official Code of Georgia Annotated, relating to 
  1-10  law enforcement officers and agencies; to amend Title 52 of 
  1-11  the Official Code of Georgia Annotated, relating to waters 
  1-12  of the state; to provide an effective date; to repeal 
  1-13  conflicting laws; and for other purposes. 
 
  1-14       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-15                           SECTION 1. 
 
  1-16  Code Section 12-5-289 of the Official Code of Georgia 
  1-17  Annotated, relating to inspection of marshlands, is amended 
  1-18  by striking said Code section in its entirety and inserting 
  1-19  in lieu thereof a new Code Section 12-5-289 to read as 
  1-20  follows: 
 
  1-21    "12-5-289. 
 
  1-22    The department, through its officers, staff, and 
  1-23    conservation rangers natural resource law enforcement 
  1-24    officers, shall, in addition to its other duties 
  1-25    prescribed by law, make reasonable inspections of the 
  1-26    marshlands to ascertain whether the requirements of this 
  1-27    part and the rules, regulations, and permits promulgated 
  1-28    or issued under this part are being faithfully complied 
  1-29    with." 
 
  1-30                           SECTION 2. 
 
  1-31  Title 16 of the Official Code of Georgia Annotated, relating 
  1-32  to crimes and offense, is amended by striking in its 
  1-33  entirety subsection (b) of Code Section 16-10-24, relating 
 
 
 
                                 -1- 
 
 
 
  2- 1  to obstructing or hindering law enforcement officers, and 
  2- 2  inserting in lieu thereof the following: 
 
  2- 3    "(b) Whoever knowingly and willfully resists, obstructs, 
  2- 4    or opposes any law enforcement officer, prison guard, 
  2- 5    correctional officer, probation supervisor, parole 
  2- 6    supervisor, or conservation ranger natural resource law 
  2- 7    enforcement officer in the lawful discharge of his or her 
  2- 8    official duties by offering or doing violence to the 
  2- 9    person of such officer or legally authorized person is 
  2-10    guilty of a felony and shall, upon conviction thereof, be 
  2-11    punished by imprisonment for not less than one nor more 
  2-12    than five years." 
 
  2-13                           SECTION 3. 
 
  2-14  Title 27 of the Official Code of Georgia Annotated, relating 
  2-15  to game and fish, is amended by striking in its entirety 
  2-16  Code Section 27-1-16, relating to the establishment of a 
  2-17  unit of conservation rangers within the Department of 
  2-18  Natural Resources, and inserting in lieu thereof a new Code 
  2-19  Section 27-1-16 to read as follows: 
 
  2-20    "27-1-16. 
 
  2-21    (a) Within the department is established a unit of peace 
  2-22    officers to be known as conservation rangers natural 
  2-23    resource law enforcement officers.  All such conservation 
  2-24    rangers natural resource law enforcement officers shall be 
  2-25    at least 21 years of age.  Such unit of peace officers 
  2-26    shall include, but not be limited to, the commissioner and 
  2-27    other supervisory personnel; provided, however, that the 
  2-28    commissioner and the director of the any division to which 
  2-29    peace officer functions are assigned shall be excluded 
  2-30    from the classified service under the State Merit System 
  2-31    of Personnel Administration as provided for in Chapter 20 
  2-32    of Title 45 unless otherwise provided by law.  The 
  2-33    commissioner shall have the power to appoint such a number 
  2-34    of conservation rangers natural resource law enforcement 
  2-35    officers of the state at large from among the ranks of any 
  2-36    job title within the department, or from outside the 
  2-37    department if hired on a part-time or temporary basis, as 
  2-38    may be necessary to carry out the duties assigned to them, 
  2-39    who shall be charged with the law enforcement 
  2-40    responsibilities pertaining to the department.  Job titles 
  2-41    of natural resource law enforcement officers shall 
  2-42    include, but not be limited to, conservation rangers, 
  2-43    wildlife technicians, regional wildlife supervisors, park 
 
 
 
                                 -2- 
 
 
 
  3- 1    managers, assistant park managers, park rangers, park 
  3- 2    enforcement officers, environmental criminal 
  3- 3    investigators, and biologists. 
 
  3- 4    (b) After a conservation ranger natural resource law 
  3- 5    enforcement officer has accumulated 25 years of service 
  3- 6    with the department as a peace officer and upon leaving 
  3- 7    such department under honorable conditions, such 
  3- 8    conservation ranger natural resource law enforcement 
  3- 9    officer shall be entitled as part of his or her 
  3-10    compensation to retain his or her weapon and badge 
  3-11    pursuant to regulations promulgated by the commissioner." 
 
  3-12                           SECTION 4. 
 
  3-13  Said title is further amended by striking in its entirety 
  3-14  Code Section 27-1-17, relating to deputy conservation 
  3-15  rangers, and inserting in lieu thereof the following: 
 
  3-16    "27-1-17. 
 
  3-17    (a) The board commissioner shall have the power to appoint 
  3-18    deputy conservation rangers deputy natural resource law 
  3-19    enforcement officers. No deputy conservation rangers may 
  3-20    be appointed without actual duties relating to the 
  3-21    protection of natural resources.  All such deputy natural 
  3-22    resource law enforcement officers shall perform their 
  3-23    duties in accordance with policies and procedures 
  3-24    established to govern such deputy natural resource law 
  3-25    enforcement officers while in the performance of their 
  3-26    official duties and in accordance with all other policies 
  3-27    and procedures governing the actions of all other peace 
  3-28    officers within the department. 
 
  3-29    (b) Deputy conservation rangers natural resource law 
  3-30    enforcement officers shall have all or part of the powers 
  3-31    and duties of conservation rangers natural resource law 
  3-32    enforcement officers, as assigned by the board 
  3-33    commissioner.  Deputy conservation rangers who are natural 
  3-34    resource law enforcement officers shall not be employees 
  3-35    of the department and shall receive no compensation for 
  3-36    their services.  The board commissioner is authorized to 
  3-37    appoint such number of deputy conservation rangers deputy 
  3-38    natural resource law enforcement officers as may be 
  3-39    necessary to carry out the duties assigned to them. 
 
  3-40    (c) The commissioner is authorized to provide general 
  3-41    liability coverage and fidelity bond coverage for deputy 
  3-42    natural resource law enforcement officers while they are 
 
 
 
                                 -3- 
 
 
 
  4- 1    rendering service to or on behalf of the department.  Such 
  4- 2    officers may also be treated as employees of the state for 
  4- 3    the purposes of inclusion in any automobile liability 
  4- 4    insurance or self-insurance or fidelity bond coverage 
  4- 5    provided by the department for its employees while 
  4- 6    operating state owned  vehicles.  Each deputy conservation 
  4- 7    ranger who is not an employee of the department shall 
  4- 8    personally secure a bond of not less than $5,000.00 from a 
  4- 9    bonding or surety company licensed to transact business in 
  4-10    the State of Georgia conditioned upon the faithful 
  4-11    performance of his duties, payable to the department. 
 
  4-12    (d) The board commissioner shall have the power to adopt 
  4-13    rules and regulations establish policies and procedures 
  4-14    concerning qualifications, appointments, badge, oath of 
  4-15    office, and other matters pertaining to deputy 
  4-16    conservation rangers deputy natural resource law 
  4-17    enforcement officers." 
 
  4-18                           SECTION 5. 
 
  4-19  Said title is further amended by striking in its entirety 
  4-20  Code Section 27-1-18, relating to powers of conservation 
  4-21  rangers generally, and inserting in lieu thereof the 
  4-22  following: 
 
  4-23    "27-1-18. 
 
  4-24    (a) Conservation rangers Natural resource law enforcement 
  4-25    officers shall have the power and authority: 
 
  4-26      (1) To enforce all state laws on all property owned or 
  4-27      controlled by the department; 
 
  4-28      (2) To enforce all state laws pertaining to functions 
  4-29      assigned to the department, to include, but not be 
  4-30      limited to, all laws pertaining to wildlife, boating, 
  4-31      environmental protection, waste and litter control, 
  4-32      parks, historic sites, natural areas, and coastal 
  4-33      resource protection; 
 
  4-34      (3) To enforce any state law when the violation of that 
  4-35      law is committed in conjunction with a violation of a 
  4-36      state law pertaining to functions assigned to the 
  4-37      department or while the person committing such violation 
  4-38      is engaged in any activity which is regulated by or 
  4-39      pertains to functions assigned to the department; 
 
 
 
 
 
                                 -4- 
 
 
 
  5- 1      (4) To enforce any state law when ordered to do so by 
  5- 2      the Governor or to protect any life or property when the 
  5- 3      circumstances demand action; and 
 
  5- 4      (5) At the expense of the department, to assist the 
  5- 5      Department of Public Safety and the Georgia Bureau of 
  5- 6      Investigation in carrying out their duties and 
  5- 7      responsibilities when requested to do so by the 
  5- 8      Department of Public Safety or the Georgia Bureau of 
  5- 9      Investigation. 
 
  5-10    (b) The commissioner may, and in the case of a request by 
  5-11    the Governor shall, authorize and direct the department's 
  5-12    conservation rangers natural resource law enforcement 
  5-13    officers to cooperate with and render assistance to any 
  5-14    law enforcement agency of this state or any municipality, 
  5-15    county, or other political subdivision thereof in any 
  5-16    criminal case, in the prevention or detection of 
  5-17    violations of any law, or in the apprehension or arrest of 
  5-18    persons who violate the criminal laws of this state, any 
  5-19    other state, or the United States, upon a request by the 
  5-20    governing authority or chief law enforcement officer of 
  5-21    any municipality, the sheriff of any county, a judge of 
  5-22    the superior court of any county, or the Governor." 
 
  5-23                           SECTION 6. 
 
  5-24  Said title is further amended by striking in its entirety 
  5-25  Code Section 27-1-19,  relating to power of conservation 
  5-26  rangers and deputy conservation rangers to arrest persons, 
  5-27  and inserting in lieu thereof the following: 
 
  5-28    "27-1-19. 
 
  5-29    (a) Notwithstanding any other provision of law to the 
  5-30    contrary, conservation rangers natural resource law 
  5-31    enforcement officers and deputy conservation rangers 
  5-32    natural resource law enforcement officers when authorized 
  5-33    to do so by the board commissioner, may arrest persons 
  5-34    accused of violating any law or regulation which such 
  5-35    officers are empowered to enforce by the issuance of a 
  5-36    citation, provided that the offense is committed in the 
  5-37    presence of the officer or information concerning the 
  5-38    offense constituting a basis for arrest was received by 
  5-39    the arresting officer from a law enforcement officer 
  5-40    observing the offense being committed.  The arresting 
  5-41    officer may issue to the person a citation which shall 
  5-42    enumerate the specific charges against the person and the 
  5-43    date upon which the person is to appear and answer the 
 
 
                                 -5- 
 
 
 
  6- 1    charges.  Whenever an arrest is made by the arresting 
  6- 2    officer on the basis of information received from another 
  6- 3    law enforcement officer observing the offense being 
  6- 4    committed, the citation shall list the name of each 
  6- 5    officer, and each must be present when the charges against 
  6- 6    the offender are heard. 
 
  6- 7    (b) If the person charged shall fail to appear as 
  6- 8    specified in the citation, the judge having jurisdiction 
  6- 9    of the offense may issue a warrant ordering the 
  6-10    apprehension of the person and commanding that he or she 
  6-11    be brought before the court to answer the charge contained 
  6-12    within the citation and the charge of his or her failure 
  6-13    to appear as required.  The person shall then be allowed 
  6-14    to make a reasonable bond to appear on a given date before 
  6-15    the court." 
 
  6-16                           SECTION 7. 
 
  6-17  Said title is further amended by striking in its entirety 
  6-18  Code Section 27-1-20, relating to additional powers of 
  6-19  conservation rangers, and inserting in lieu thereof the 
  6-20  following: 
 
  6-21    "27-1-20. 
 
  6-22    (a) In addition to the powers enumerated in Code Sections 
  6-23    27-1-18 and 27-1-19, conservation rangers natural resource 
  6-24    law enforcement officers shall have all the powers 
  6-25    previously vested in any other law enforcement officers 
  6-26    within the department including, but not limited to, the 
  6-27    following: 
 
  6-28      (1) To enforce all laws, rules, and regulations 
  6-29      pertaining to wildlife and to boating safety and as 
  6-30      otherwise provided; 
 
  6-31      (2) To execute all warrants and search warrants for the 
  6-32      violation of the laws, rules, and regulations pertaining 
  6-33      to wildlife or to boating safety; 
 
  6-34      (3) To serve subpoenas issued for the examination, 
  6-35      investigation, and trial of all offenses against the 
  6-36      laws, rules, and regulations pertaining to wildlife or 
  6-37      to boating safety; 
 
  6-38      (4) To arrest without warrant any person found violating 
  6-39      any of the laws, rules, and regulations pertaining to 
  6-40      wildlife or to hunting, fishing, or boating; 
 
 
 
 
                                 -6- 
 
 
 
  7- 1      (5) To seize and take possession of all wildlife or 
  7- 2      parts thereof taken, caught, killed, captured, 
  7- 3      possessed, or controlled or which have been shipped or 
  7- 4      are about to be shipped at any time and in any manner or 
  7- 5      for any purpose contrary to the laws, rules, and 
  7- 6      regulations pertaining to wildlife; 
 
  7- 7      (6) To go upon property outside of buildings, posted or 
  7- 8      otherwise, in the performance of their duties; 
 
  7- 9      (7) To carry firearms while performing duties pertaining 
  7-10      to wildlife in performance of their assigned duties; 
 
  7-11      (8) To seize as evidence, without warrant, any device 
  7-12      other than a boat, vehicle, or aircraft when they have 
  7-13      cause to believe that its possession or use is in 
  7-14      violation of any of the provisions of the laws or 
  7-15      regulations dealing with wildlife.  For the purposes of 
  7-16      this Code section, 'device' includes any light, hunting 
  7-17      apparatus, or fishing or netting gear or tackle; 
 
  7-18      (9) To enter and inspect any commercial cold storage 
  7-19      warehouse, ice house, locker plant, butcher shop, or 
  7-20      other plant or building for the purpose of determining 
  7-21      whether wildlife is being kept or stored therein in 
  7-22      violation of the wildlife laws or regulations; and 
 
  7-23      (10) To exercise the full authority of peace officers 
  7-24      while in the performance of their duties. 
 
  7-25    (b) Unless inconsistent with this title, whenever any 
  7-26    statute pertaining to an agency whose functions are 
  7-27    assigned to the department refers to law enforcement 
  7-28    personnel of that agency, that reference applies to 
  7-29    conservation rangers natural resource law enforcement 
  7-30    officers." 
 
  7-31                           SECTION 8. 
 
  7-32  Said title is further amended by striking in its entirety 
  7-33  subsection (a) of Code Section 27-1-21, relating to seizure 
  7-34  and disposal of wildlife illegally taken or possessed, and 
  7-35  inserting in lieu thereof the following: 
 
  7-36    "27-1-21. 
 
  7-37    (a) Conservation rangers Natural resource law enforcement 
  7-38    officers, sheriffs, and other peace officers of this state 
  7-39    or any political subdivision thereof shall seize any 
  7-40    wildlife taken or possessed in violation of the wildlife 
  7-41    laws and regulations of this state. Such wildlife shall be 
 
 
                                 -7- 
 
 
 
  8- 1    sold or disposed of in such manner as the commissioner may 
  8- 2    direct, in conformance with any rules and regulations 
  8- 3    promulgated by the board, at any time after the expiration 
  8- 4    of 30 days following the seizure, unless the owner thereof 
  8- 5    or the person in possession at the time of the seizure 
  8- 6    files a civil action against the State of Georgia, 
  8- 7    Department of Natural Resources, within 30 days following 
  8- 8    the seizure, in the state or superior court having 
  8- 9    jurisdiction in the county where the seizure was made. The 
  8-10    person filing the action shall have the burden of proof, 
  8-11    and the action shall be tried as other civil cases in such 
  8-12    court. Items for which such an action has been filed shall 
  8-13    be held pending the resolution of the action, provided 
  8-14    that reasonable charges for storage shall be paid by the 
  8-15    person filing the action in the event that such person 
  8-16    does not prevail in the action." 
 
  8-17                           SECTION 9. 
 
  8-18  Said title is further amended by striking in its entirety 
  8-19  Code Section 27-1-25, relating to interference with arrest 
  8-20  or performance of ranger's duties, and inserting in lieu 
  8-21  thereof the following: 
 
  8-22    "27-1-25. 
 
  8-23    It shall be unlawful for any person to resist or interfere 
  8-24    by force, menace, threat, or in any other manner with any 
  8-25    arrest for violation of any wildlife law.  It shall also 
  8-26    be unlawful for any person to refuse to go with a 
  8-27    conservation ranger natural resource law enforcement 
  8-28    officer or deputy conservation ranger natural resource law 
  8-29    enforcement officer after such an arrest has been made or 
  8-30    to interfere with such officer in the performance of his 
  8-31    or her duty." 
 
  8-32                          SECTION 10. 
 
  8-33  Said title is further amended by striking in its entirety 
  8-34  subsection (c) of Code Section 27-2-5, relating to required 
  8-35  hunter education courses, and inserting in lieu thereof the 
  8-36  following: 
 
  8-37    "(c) It shall be unlawful for any person age 16 through 25 
  8-38    who is not required by law to obtain a hunting license to 
  8-39    hunt in this state unless that person carries on his or 
  8-40    her person while hunting a certificate attesting to that 
  8-41    person's satisfactory completion of a hunter education 
  8-42    course as prescribed by the board.  Such person shall 
 
 
 
                                 -8- 
 
 
 
  9- 1    present his or her certificate to a conservation ranger 
  9- 2    natural resource law enforcement officer or deputy 
  9- 3    conservation ranger natural resource law enforcement 
  9- 4    officer for inspection upon demand." 
 
  9- 5                          SECTION 11. 
 
  9- 6  Said title is further amended by striking in its entirety 
  9- 7  Code Section 27-2-28, relating to refusing inspection of 
  9- 8  identification or license, making false statements in 
  9- 9  obtaining license or permit, counterfeiting or alteration, 
  9-10  and unlawful collection of funds, and inserting in lieu 
  9-11  thereof the following: 
 
  9-12    "27-2-28. 
 
  9-13    (a) It shall be unlawful for any person who is required to 
  9-14    have on his or her person any license, permit, or stamp 
  9-15    issued under this title to refuse the inspection of such 
  9-16    license, permit, or stamp upon demand by a conservation 
  9-17    ranger natural resource law enforcement officer or deputy 
  9-18    conservation ranger natural resource law enforcement 
  9-19    officer.  It shall also be unlawful for any such person, 
  9-20    upon demand by a conservation ranger natural resource law 
  9-21    enforcement officer or deputy conservation ranger natural 
  9-22    resource law enforcement officer, to refuse to provide a 
  9-23    driver's license or equally reliable identification of 
  9-24    such person and his or her current residence. 
 
  9-25    (b) It shall be unlawful for any person to make any false 
  9-26    statement as to any fact which is required as a 
  9-27    prerequisite to the issuance of a license or permit; and 
  9-28    any license or permit obtained in violation of this Code 
  9-29    section is void. Any license agent may require the 
  9-30    applicant for a license or permit to show proof of any 
  9-31    statement or facts required for issuance of any license or 
  9-32    permit. 
 
  9-33    (c) It shall be unlawful for any person to counterfeit, 
  9-34    change, or alter or to attempt to counterfeit, change, or 
  9-35    alter any license or permit issued pursuant to this title. 
  9-36    It shall be unlawful for any person, other than a license 
  9-37    agent or authorized personnel of the department, to 
  9-38    collect any funds for any license or permit issued 
  9-39    pursuant to this title." 
 
  9-40                          SECTION 12. 
 
  9-41  Said title is further amended by striking in its entirety 
  9-42  subsection (c) of Code Section 27-3-9, relating to unlawful 
 
 
                                 -9- 
 
 
 
 10- 1  enticement of game, and inserting in lieu thereof the 
 10- 2  following: 
 
 10- 3    "(c) When a conservation ranger natural resource law 
 10- 4    enforcement officer is aware or becomes aware that a 
 10- 5    clearly identifiable area of land or field is baited for 
 10- 6    doves in such a manner that hunting thereon would be a 
 10- 7    violation of subsection (b) of this Code section, it shall 
 10- 8    be the duty of the conservation ranger natural resource 
 10- 9    law enforcement officer to require the owner or other 
 10-10    person having lawful possession or control of the baited 
 10-11    area of land or field to remove such bait.  The 
 10-12    conservation ranger natural resource law enforcement 
 10-13    officer shall require such owner or other person to erect 
 10-14    on the area of land or field signs having printed thereon 
 10-15    the words: 'No Hunting, Baited Field.'  Such signs shall 
 10-16    remain for ten days after bait is removed. The printing on 
 10-17    such signs shall be clearly visible to a person with 
 10-18    normal eyesight from a distance of at least 50 yards.  A 
 10-19    sufficient number of such signs shall be erected to 
 10-20    provide reasonable notice to hunters that the field or 
 10-21    area is baited.  If the conservation ranger natural 
 10-22    resource law enforcement officer cannot locate the owner 
 10-23    or other person having lawful possession or control of the 
 10-24    baited area of land or field, it shall be the duty of such 
 10-25    conservation ranger natural resource law enforcement 
 10-26    officer to erect such signs.  The owner or other person 
 10-27    having lawful possession or control of a baited area or 
 10-28    field who fails to comply with an order of a conservation 
 10-29    ranger natural resource law enforcement officer requiring 
 10-30    the removal of bait or the erection of signs, or both, as 
 10-31    required by this subsection shall be guilty of a 
 10-32    misdemeanor.  When a conservation ranger natural resource 
 10-33    law enforcement officer is aware that a clearly 
 10-34    identifiable area of land or field is baited in such a 
 10-35    manner that hunting thereon would be a violation of 
 10-36    subsection (b) of this Code section prior to any such 
 10-37    violation, no charge may be brought against any person 
 10-38    under subsection (b) of this Code section unless the 
 10-39    provisions of this subsection have been followed. Nothing 
 10-40    in this subsection shall be construed to preclude the 
 10-41    owner or other person having lawful possession or control 
 10-42    of a baited area or field from being charged with and 
 10-43    convicted of a violation of subsection (a) of this Code 
 10-44    section.  Nothing in this subsection shall be construed to 
 10-45    preclude a person's being charged with and convicted of a 
 
 
 
                                 -10- 
 
 
 
 11- 1    violation of subsection (b) of this Code section when such 
 11- 2    violation is on a baited area of land or field which was 
 11- 3    not previously identified by a conservation ranger natural 
 11- 4    resource law enforcement officer as provided in this 
 11- 5    subsection prior to such violation." 
 
 11- 6                          SECTION 13. 
 
 11- 7  Said title is further amended by striking in its entirety 
 11- 8  Code Section 27-3-47, relating to collision with deer by 
 11- 9  motor vehicle, and inserting in lieu thereof the following: 
 
 11-10    "27-3-47. 
 
 11-11    Any person who, while driving a motor vehicle, is involved 
 11-12    in a collision with a deer shall, if the deer is killed, 
 11-13    immediately notify the nearest conservation ranger natural 
 11-14    resource law enforcement officer or sheriff's office. If 
 11-15    there exists a charitable institution or prison within the 
 11-16    county which can make use of the carcass, the conservation 
 11-17    ranger natural resource law enforcement officer may 
 11-18    deliver the carcass to the institution for consumption and 
 11-19    shall obtain receipts therefor. If no such institution 
 11-20    exists within the county and there is no cause to question 
 11-21    the accidental killing of the deer, the conservation 
 11-22    ranger natural resource law enforcement officer may, at 
 11-23    his or her discretion, award the carcass to the person who 
 11-24    hit the deer, to be possessed and consumed only by the 
 11-25    immediate family of such person. Receipts shall be 
 11-26    acquired for a deer so awarded." 
 
 11-27                          SECTION 14. 
 
 11-28  Said title is further amended by striking in its entirety 
 11-29  Code Section 27-3-68, relating to required licenses for fur 
 11-30  dealers and fur dealers' agents, and inserting in lieu 
 11-31  thereof the following: 
 
 11-32    "27-3-68. 
 
 11-33    It shall be the duty of conservation rangers natural 
 11-34    resource law enforcement officers to confiscate any trap, 
 11-35    pitfall, deadfall, scaffold, catch, snare, net, salt lick, 
 11-36    blind pig, baited hook, or other similar device used in 
 11-37    violation of the wildlife laws, rules, and regulations and 
 11-38    to dispose of same as directed by the commissioner. 
 
 11-39                          SECTION 15. 
 
 11-40  Said title is further amended by striking in its entirety 
 11-41  subsection (b) of Code Section 27-3-71, relating to reports 
 
 
                                 -11- 
 
 
 
 12- 1  and records of fur dealers and inspection of premises, and 
 12- 2  inserting in lieu thereof the following: 
 
 12- 3    "(b) Conservation rangers Natural resource law enforcement 
 12- 4    officers and other authorized representatives of the 
 12- 5    department shall be authorized to enter the premises of a 
 12- 6    fur dealer, during normal working hours and at any other 
 12- 7    time when the licensed activity is being conducted, for 
 12- 8    the purpose of inspecting the premises and the records 
 12- 9    maintained by the fur dealer pursuant to subsection (a) of 
 12-10    this Code section." 
 
 12-11                          SECTION 16. 
 
 12-12  Said title is further amended by striking in its entirety 
 12-13  paragraph (4) of Code Section 27-3-92, relating to 
 12-14  transportation of wildlife out of state, and inserting in 
 12-15  lieu thereof the following: 
 
 12-16      "(4) The person shall submit his or her license or 
 12-17      permit and sworn statement to any sheriff, deputy 
 12-18      sheriff, or conservation ranger natural resource law 
 12-19      enforcement officer for inspection when requested to do 
 12-20      so." 
 
 12-21                          SECTION 17. 
 
 12-22  Title 35 of the Official Code of Georgia Annotated, 
 12-23  relating to law enforcement officers and agencies, is 
 12-24  amended by striking in its entirety Code Section 35-4-2, 
 12-25  relating to definitions  applicable to the Georgia Police 
 12-26  Academy, and inserting in lieu thereof the following: 
 
 12-27    "35-4-2. 
 
 12-28    As used in this chapter, the term: 
 
 12-29      (1) 'Academy' means the Georgia Police Academy. 
 
 12-30      (2) 'Police officer' means any law enforcement officer 
 12-31      charged with the duty of enforcing the criminal laws and 
 12-32      ordinances of the state or of the counties or 
 12-33      municipalities of the state who is employed by and 
 12-34      compensated by the state or any county or municipality 
 12-35      of the state or who is elected and compensated on a fee 
 12-36      basis. The term shall include, but not be limited to, 
 12-37      members of the department, municipal police, county 
 12-38      police, sheriffs, deputy sheriffs, wardens, guards, 
 12-39      agents and investigators of the State Forestry 
 12-40      Commission, conservation rangers natural resource law 
 
 
 
                                 -12- 
 
 
 
 13- 1      enforcement officers of the Department of Natural 
 13- 2      Resources, and agents of the Department of Revenue. 
 
 13- 3      (3) 'State' means the State of Georgia and any 
 13- 4      department, board, bureau, commission, or other agency 
 13- 5      thereof." 
 
 13- 6                          SECTION 18. 
 
 13- 7  Title 52 of the Official Code of Georgia Annotated, relating 
 13- 8  to waters of the state, is amended by striking in its 
 13- 9  entirety subsection (d) of Code Section 52-7-25, relating to 
 13-10  enforcement of article, and inserting in lieu thereof the 
 13-11  following: 
 
 13-12    "(d) Any person employed or elected by this state or a 
 13-13    political subdivision thereof, whose duty it is to 
 13-14    preserve the peace or to make arrests or to enforce the 
 13-15    law, including, but not limited to, members of the 
 13-16    sheriffs' departments, state patrolmen patrol officers, 
 13-17    and conservation rangers natural resource law enforcement 
 13-18    officers are empowered to enforce this article.  The 
 13-19    Department of Natural Resources shall be primarily 
 13-20    responsible for enforcement of this article and the rules 
 13-21    and regulations issued under this chapter." 
 
 13-22                          SECTION 19. 
 
 13-23  This Act shall become effective upon its approval by the 
 13-24  Governor or upon its becoming law without such approval. 
 
 13-25                          SECTION 20. 
 
 13-26  All laws and parts of laws in conflict with this Act are 
 13-27  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -13- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98

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