05 LC
25 3862/AP
House
Bill 201 (AS PASSED HOUSE AND SENATE)
By:
Representatives McCall of the
30th,
Crawford of the
127th,
Scott of the
153rd,
Roberts of the
154th,
and Ray of the
136th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 9 of Article 8 of Chapter 14 of Title 44 of the Official Code of
Georgia Annotated, relating to liens of veterinarians and boarders of animals,
so as to change certain provisions relating to liens for treatment, board, or
care of animals and right to retain possession; to define certain terms; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
9 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia
Annotated, relating to liens of veterinarians and boarders of animals, is
amended by striking Code Section 44-14-490, relating to liens for treatment,
board, or care of animals and right to retain possession, and inserting in lieu
thereof the following:
"44-14-490.
(a)
Every licensed veterinarian
and every
operator of a facility for boarding animals or
pets shall have a lien on each animal or
pet treated, boarded, or cared for by
them
him or
her while in
their
his or
her custody and under contract with the
owner of the animal or pet for the payment of charges for the treatment, board,
or care of the animal or pet; and the veterinarian
or operator
of a facility shall have the right to
retain the animal or pet until the charges are paid.
(b)(1)
As used in this subsection, the term:
(A)
'Charges' means:
(i)
Any charges, fees, expenses, and reimbursements which have been contracted for,
agreed to, or otherwise mutually acknowledged by written agreement, course of
conduct, or understanding, including but not limited to:
(I)
Board, care, services, and treatment of the animal or pet, whether provided by
the operator or by a third party and incurred by the operator;
(II)
Farrier and veterinary fees and expenses incurred by the operator for or on
behalf of the boarded animal or pet; and
(III)
Fees and expenses for transportation of the animal or pet; and
(ii)
Late payment fees, returned check fees, and all costs of collection, including
but not limited to reasonable
attorneýs
fees and expenses of litigation and costs of sale.
Charges
shall not include fees, expenses, or commissions of any kind relating to
purchase, sale, or lease of such animal or pet, other than a sale pursuant to
Code Section 44-14-491.
(B)
'Facility
Facilities
for boarding animals or
pets'
shall include, but not be limited to, veterinary hospitals, boarding kennels,
stables, livestock sales barns, and humane societies.
(2)
Every operator of a facility for boarding animals or pets which facility is
licensed by the Department of Agriculture, other than a licensed veterinarian,
shall have a lien on each animal or pet in his or her care for the payment of
all charges of such operator; and the operator of such a facility shall have the
right to retain the animal or pet until the charges are paid in
full.
(c)
Any person granted a lien by this Code section may waive such lien in
writing."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.