05 LC
25 3822
House
Bill 108
By:
Representative Barnard of the
166th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide for state-wide licenses for bird dealers or pet dealers who own or
operate multiple dealership locations of the same class; to amend Title 4 of the
Official Code of Georgia Annotated, relating to animals, so as to change certain
provisions relating to licenses for dealers in exotic birds and pet birds and
issuance, duration, renewal, and fees for such licenses; to change certain
provisions relating to licenses for pet dealers and kennel, stable, or animal
shelter operators and requirements, issuance, and applications for such
licenses; to amend Chapter 12 of Title 31 of the Official Code of Georgia
Annotated, relating to control of hazardous conditions, preventable diseases,
and metabolic disorders, so as to change certain provisions relating to control
of hazardous conditions, preventable diseases, and metabolic disorders; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
4 of the Official Code of Georgia Annotated, relating to animals, is amended by
stirking subsection (b) of Code Section 4-10-5, relating to licenses for dealers
in exotic birds and pet birds and issuance, duration, renewal, and fees for such
licenses, and inserting in lieu thereof the following:
“(b)(1)
Bird
dealerś
licenses shall be issued for a period of one year and shall be annually
renewable. The department may establish separate classes of licenses, including
wholesale and retail licenses. The department shall fix fees for licenses so
that the revenue derived from licenses shall approximate the total direct and
indirect costs of administering this chapter; but the annual fee for any such
license shall be at least $25.00 but shall not exceed $200.00.
(2)
A bird
dealeŕs
license shall cover all dealership locations of the same class owned or operated
in this state by the same person or
entity.”
SECTION
2.
Said
title is further amended by striking Code Section 4-11-3, relating to licenses
for pet dealers and kennel, stable, or animal shelter operators and
requirements, issuance, and applications for such licenses, and inserting in
lieu thereof the following:
“4-11-3.
(a)
It shall be unlawful for any person to act as a pet dealer or operate a kennel,
stable, or animal shelter unless such person has a valid license issued by the
Commissioner of Agriculture. Any person acting without a license in violation of
this subsection shall be guilty of a misdemeanor.
(b)
The Commissioner shall license pet dealers and kennel, stable, and animal
shelter operators under the applicable provisions of Chapter 5 of Title 2, the
'Department of Agriculture Registration, License, and Permit Act.'
(c)(1)
Licenses shall be issued for a period of one year and shall be annually
renewable. The Commissioner may establish separate classes of licenses,
including wholesale and retail 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 $25.00 but shall not exceed
$200.00.
(2)
A pet
dealeŕs
license shall cover all dealership locations of the same class owned or operated
in this state by the same person or entity.
(d)
Applications for licenses shall be on a form furnished by the Commissioner and,
together with such other information as the Commissioner shall require, shall
state:
(1)
The name of the applicant;
(2)
The business address
or
addresses of the applicant;
(3)
The complete telephone number
or
numbers of the applicant;
(4)
The location
or
locations of the pet dealership, kennel,
stable, or animal shelter;
(5)
The type of ownership of the pet dealership, kennel, stable, or animal shelter;
and
(6)
The name of the owner or, if a partnership, firm, corporation, or other entity,
the
name
names
of the partners or stockholders.
(e)
Notwithstanding the provisions of subsection (c) of this Code section, the
license fees fixed pursuant to subsection (c) of this Code section shall be
increased by 100 percent for the renewal of any license which is not renewed
within ten days following the expiration date of the license or for the issuance
of a new license to any person who has failed to apply for a license within ten
days following the date on which written notice of the need for such license has
been given to such person by the Commissioner or his
or
her authorized
representative.”
SECTION
3.
Chapter
12 of Title 31 of the Official Code of Georgia Annotated, relating to control of
hazardous conditions, preventable diseases, and metabolic disorders, is amended
by striking Code Section 31-12-9, relating to importation, sale, and breeding of
animals and birds to be kept as pets, and inserting in lieu thereof the
following:
“31-12-9.
In
addition to its other powers in the control of preventable diseases, the
department may by rule, regulation, and order provide for the licensing,
registration, supervision, and investigation of all firms or persons importing,
purchasing, breeding, or selling any birds or animals as pets, or any birds or
animals which are customarily kept as pets, and may require all such firms or
persons to comply with reporting and record-keeping requirements and marking,
banding, or other identification requirements.
A license
issued under this Code section shall cover all dealership locations of the same
class owned or operated in this state by the same person or
entity. The department is further
empowered to prescribe rules and regulations governing the shipment,
transportation, or carriage of such birds or animals and require such other
control measures deemed necessary to prevent infectious matter present in birds,
arthropods, and animals from being conveyed to persons unless the responsibility
of such control is by law delegated to some other agency.”
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.