06 LC
14 9409S/AP
House
Bill 695 (AS PASSED HOUSE AND SENATE)
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 certain 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, to
persons with a permanent disability or disease as provided and for the purpose
described in paragraph (2) of this
subsection, 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 only for an animal in the genus
Cebus (capuchin monkeys) to any person who establishes to the satisfaction of
the department that:
(A)
Such person has a permanent disability or disease 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 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;
(D)
The animal for which the permit is to be issued is the only wild animal to be
possessed by that person;
(E)
The permittee does not have a history of violating this chapter;
and
(F)
The organization furnishing the animal to the applicant:
(i)
Is reputable, lawful, and does not have any history of violating this
chapter;
(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; and
(iii)
Has received and maintained a nonprofit, tax-exempt status.
(3)
Permits issued under the provisions of paragraph (2) of this subsection shall be
issued only to individuals and are nontransferable.
(4)
Capuchin monkeys possessed under the provisions of paragraph (2) of this
subsection are exempt from the requirements of paragraph (5) of subsection (k)
of Code Section 27-5-4 but must be treated humanely and shall be kept only in
the residence of the permittee. When transported, the monkey must be in a USDA
approved carrier and there shall be no contact allowed between the public and
monkey when outside the
permitteés
residence. Under no circumstances may the monkey be present on premises where
food is
sold."
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.