08 HB
239/AP
House
Bill 239 (AS PASSED HOUSE AND SENATE)
By:
Representatives Lane of the
158th,
Jerguson of the
22nd,
and Burns of the
157th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 27 of the Official Code of Georgia Annotated, relating to game and
fish, so as to change certain provisions relating to rules and regulations of
the Board of Natural Resources used to establish game and fish criminal
violations; to change certain provisions relating to wild animals for which
licenses or permits are required; to amend Chapter 1 of Title 51 of the Official
Code of Georgia Annotated, relating to general provisions regarding torts, so as
to limit liability of certain landowners who allow wildlife to traverse their
property or of persons hunting game on such property with permission; to provide
an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
27 of the Official Code of Georgia Annotated, relating to game and fish, is
amended by revising Code Section 27-1-39, relating to rules and regulations of
the Board of Natural Resources used to establish game and fish criminal
violations, as follows:
"27-1-39.
Notwithstanding
any other law to the contrary, for purposes of establishing criminal violations
of the rules and regulations promulgated by the Board of Natural Resources as
provided in this title, the
terms
term
'rules and regulations' shall mean those rules and regulations of the Board of
Natural Resources in force and effect on
January 1,
2006
January 1,
2008."
SECTION
2.
Said
title is further amended by revising subparagraphs (a)(1)(A) and (b)(1)(A) and
the language introductory thereto in Code Section 27-5-5, relating to wild
animals for which licenses or permits are required, as follows:
"(a)
The following animals are considered to be inherently dangerous to human beings
and are subject to the license or permit and insurance requirements provided for
in subsection (f) of Code Section 27-5-4:
(1)
Class Mammalia:
(A)
Order Marsupialia:
Family
Macropodidae: Genus Macropus
(Kangaroos,
wallabies, wallaroos) — All
species;"
"(b)
Except as provided in this Code section, a license or permit is required for the
following wild animals and any others specified by regulation of the
board:
(1)
Class Mammalia:
(A)
Order Marsupialia
(opossum,
wallabies, etc.) — All species
other than
those listed in subparagraph (a)(1)(A) of this Code section; except that
Petaurus breviceps (sugar glider) may be sold, purchased, exhibited, or held as
a pet without a license or permit if the owner thereof possesses valid
documentation that the animal originated from a source inspected and regulated
by the United States Department of
Agriculture;"
SECTION
3.
Said
title is further amended by revising subparagraph (b)(1)(Q) of Code Section
27-5-5, relating to wild animals for which licenses or permits are required, as
follows:
"(Q)
Order Artiodactyla (even-toed ungulates) - All species except Bison bison
(buffalo),
Bubalus bubalis (water buffalo), and Llama
guanicoe, L. glama, and L. pacos (llamas);"
SECTION
4.
Chapter
1 of Title 51 of the Official Code of Georgia Annotated, relating to general
provisions regarding torts, is amended by adding a new Code section to read as
follows:
"51-1-52.
A
landowner who allows wildlife to traverse the owner´s property, or a person
hunting game on such property with permission, shall be immune from civil
liability for damage and injuries which may be caused by wildlife which traverse
the landowner´s property and enter a public roadway or right of way,
provided that the conduct of the landowner or person hunting game does not
constitute gross negligence or willful and wanton misconduct."
SECTION
5.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.