Legislative Session Summary
2004

The following is a brief summary of the most significant legislation relating to dogs during the 2004 session of the Georgia General Assembly.

Liens on Equines and Companion Animals.  HB 941 proposed to delineate the types of charges for which an animal boarding facility could impose a lien against the animal in the custody of the facility.  Current law allows such liens but does not specify the types of charges.  The bill passed the House and was recommended by the Senate Agriculture and Consumer Affairs Committee but did not come to the full Senate for a vote and was, therefore, not adopted.  It should be noted, however, that when an owner does not pay for veterinary or other services, current law does allow a veterinarian or other provider of services to retain possession of the animal until all payments are made.

Companion Animals as Nuisances.  The Coalition proposed and very actively supported HB 1429 which would prevent a companion animal establishment from being considered a public or private nuisance when conditions around the establishment have changed.  The bill would protect companion animal owners from being driven from their homes or kennels when residential development springs up around them.  The bill was favorably recommended by the House Agriculture and Consumer Affairs Committee.  Despite numerous requests, the Rules Committee did not schedule the bill for debate by the full House.  We believe that the bill was slowed after its sponsor, Representative Ann Purcell, announced, shortly before the end of the session, that she was switching from the Democratic to Republican party.

Agriculture Department Administrative Procedures.  HB 1147 provided for additional administrative procedures for the Commissioner of Agriculture in granting, denying or revoking licenses or issuing other administrative orders.  We were successful in having several onerous provisions removed or modified, particularly one which would have required the owner of an animal impounded by the Commissioner to pay $200.00 per month for the upkeep of an animal even before any substantive enforcement issue was addressed.  The bill was adopted in a form that should not adversely affect companion animal owners.