GARA: Ga. Animal Rescue Act

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The ‘no kill’ agendists must have little confidence in most people’s intelligence to honestly believe that anyone would fall for this nonsense.  I’ve highlighted the problems I see with their “bill” – in red text. 
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It might be interesting to note that the state of Delaware actually passed the “NK”s bill – and you can read HERE the disaster that it brought – and is bringing – to that state’s animal shelters and humane societies.  Yet, all you see on the ‘no kill’ websites is brag, brag, brag about how “successful” the no kill CAPA bill has been.  
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12 LC 40 0028

H. B. 782

– 1 –

House Bill 782

By: Representatives Kendrick of the 94th, Beverly of the 139th, Long of the 61st, Cooper of

the 41st, Jacobs of the 80th, and others

A BILL TO BE ENTITLED

AN ACT

1 To amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated,

2 relating to animal protection generally, so as to require animal shelters that euthanize animals

3 to maintain a registry of animal rescue groups willing to accept animals subject to euthanasia;

4 to provide a short title;to provide a definition; to provide eligibility criteria for rescue

5 groups; to provide for information to be included in the registry; to prohibit animal shelters

6 from euthanizing an animal without affording rescue groups the opportunity to take

7 possession of the animal; to provide for exceptions; to authorize animal shelters to impose

8 a fee for surrendering animals; to repeal conflicting laws; and for other purposes.

9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

10 SECTION 1.

11 This Act shall be known and may be cited as the “Animal Rescue Act.”

This will set Georgia’s current Animal Protection Act back decades – scroll to bottom of bill where the very last excerpt states, “All laws and parts of laws in conflict with this Act are repealed.”   – – That would mean that ANY thing in conflict with HB782 (to include those pesky breeder restrictions) would be voided.

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12 SECTION 2.

13 Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to

14 animal protection generally, is amended in Code Section 4-11-2, relating to definitions

15 relative to animal protection, by adding a new paragraph to read as follows:

16 “(1.2) ‘Animal rescue group’ or ‘rescue group’ means a person or organization that accepts

17 or solicits dogs, cats, or other animals with the intent of finding permanent adoptive

18 homes or providing lifelong care for such dogs, cats, or other animals and that uses foster

19 homes as the primary means of housing animals.

HUGE red flag here – this would change the definition already set forth in the Ga. Animal Protection Act – to mean that any Tom, Dick or Harry can claim to be a legitimate animal rescue organization.  i.e. breeders, bunchers, abusers, bestiality, sacrificial, dog fight bait, etc. 


20 SECTION 3.

21 Said article is further amended by adding a new Code section to read as follows:

22 “4-11-5.3. –  

And now…… with that pesky lit’l definition issue taken care of,  here’s where they change things so that the state will actually authorize any old Tom, Dick and Harry to waltz in a shelter and take what they want.

23 (a) An animal shelter that euthanizes animals shall maintain a registry of animal rescue

24 groups that are willing to accept animals subject to euthanasia.

25 (b) The registry shall consist of any rescue group that has requested that its name be placed

26 on the registry and that is designated as an agency meeting the qualifications of Section

27 501(c)(3) of the Internal Revenue Code. Such a rescue group shall be included on the

28 registry regardless of its geographical location and regardless of any other factor except as

“…..regardless of any other factor…….” opens the gate for breeders, bunchers (dog breeders) and any other animal USE industry to be placed on this “registry”.

29 described in subsection (d) of this Code section.

 30 (c) The registry may include, at the discretion of the animal shelter, any rescue group that

31 has requested that its name be placed on the registry and that has not met the qualifications

32 of Section 501(c)(3) of the Internal Revenue Code. – 

“… that has “NOT” met the qualifications”???  This bill wording will open the gate right on up for any old Tom, Dick or Harry   to waltz in and take an animal – or two – or three.  Why did the author first say (in Line 25 above) that “any rescue group” who IS 501(c) non profit – and in the very next breath basically say “Well…….  tell ya what, no one really needs to worry about the 501(c) non profit status, right?”.   It should be noted that most dog breeders are not non profit – they are for profit.

Ahhhh, I get it – dog breeders aren’t 501(c) non profit – that’s right, they are “for profit”. 

33 (d) An animal shelter may refuse to include a rescue group on the registry or may remove

34 a rescue group from the registry if a current director, officer, staff member, or volunteer of

35 the rescue group has been convicted in a court of competent jurisdiction of a violation of

36 Code Section 16-12-4 or if such charges are pending or if the rescue group is constrained

37 by a court order that prevents the rescue group from taking in or keeping animals. An

38 animal shelter may require the rescue group to disclose any convictions, charges, or legal

39 impediments described in this subsection.

40 (e) The registry shall include the following information provided by the rescue group:

41 (1) The name, mailing address, and telephone number of the rescue group;

42 (2) The website and e-mail address, if any, of the rescue group;

43 (3) The emergency contact information for the rescue group;

44 (4) The types of animals the rescue group accepts, including species type and breed; and

45 (5) A statement as to whether the rescue group is willing and able to care for unweaned

46 animals, sick or injured animals, or animals with behavior problems.

47 (f) An animal shelter may require that a rescue group on the registry provide monthly for

48 public inspection any of the following information about the rescue group concerning the

49 number of animals that:

50 (1) Have been taken from an animal shelter and placed with the rescue group;

51 (2) Have been adopted;

52 (3) Have died or have been euthanized;

53 (4) Remain in the care of the rescue group.

54 (g) Information required by an animal shelter pursuant to subsection (f) of this Code

55 section may be provided in an informal format, such as via e-mail. An animal shelter shall

56 not demand additional information other than that described in subsections (e) and (f) of

This would mean that a shelter/rescue would be prohibited from asking for information regarding past/current charges and/or convictions related to hoarding, cruelty, abuse, neglect, bestiality, etc. 


57 this Code section as a prerequisite for including a rescue group on the registry or for

58 continuing to maintain the rescue group on the registry.

59 (h) An animal shelter shall not euthanize an animal until the animal shelter has notified,

60 or made a reasonable attempt to notify, all rescue groups on the registry that have indicated

61 a willingness to take an animal of that type. The notification shall occur at least two full

12 LC 40 0028

H. B. 782

– 3 –

62 business days before the animal is scheduled to be euthanized and shall include written

63 documentation. A rescue group desiring to take the animal shall respond to the notification

64 within 24 hours and shall then be given two full business days to take possession of the

65 animal. – 

Yes, dog breeders have way more time on their hands during the day than animal control employees and/or (legitimate true humane) animal rescue groups.  Given this – and our current economy, how ya think cities and counties are going to afford this in their budgets?

66 (i) Notwithstanding the requirements of subsection (h) of this Code section:

67 (1) A diseased or disabled animal shall be euthanized without delay;

68 (2) A dangerous dog or vicious dog to be destroyed pursuant to Chapter 8 of this title

69 shall be euthanized without delay;

 The wording appears to have gone from “dangerous dog euthanasia” (see above)  to “Vets and Boarders of Animals   – Notice to owner – sale or disposal of animal” (see below)?

70 (3) An animal subject to the provisions of Code Section 44-14-490 shall be disposed of

71 in accordance with Code Section 44-14-491;

OCGA 44-14-491 and OCGA 44-14-490 have NOTHING to do with animal control housed animals.  OCGA 44-14-191  and OCGA 44-14-490 deal with “Liens” involving Veterinarians. 

and

72 (4) Upon the impoundment of an unweaned animal without its mother, an animal shelter

73 that has not placed the animal into foster care or is not able to provide supplemental

74 feeding shall immediately make an emergency appeal to a rescue group on the registry

75 that has indicated a willingness to care for unweaned animals and shall give the rescue

76 group a reasonable amount of time, but not less than eight hours, to respond to the appeal.

77 (j) An animal shelter shall provide for public inspection both a monthly and yearly

78 summary that includes the number of animals, by species type, during the previous month

79 or calendar year that:

80 (1) Were impounded;

81 (2) Were euthanized by the animal shelter;

82 (3) Died, were lost, or were stolen while in the direct or constructive care of the animal

83 shelter;

84 (4) Were returned to their owners;

85 (5) Were adopted;

86 (6) Were transferred to other organizations or rescue groups; or

87 (7) Remain in the custody of the animal shelter.


It should be noted that the National Animal Interest Alliance (large national animal USE group) via their  “Shelter Project”, is working to  obtain complete stats  of all shelter animals.  The NAIA is not (in my humble opinion) an “animal welfare” organization but rather an organization which supports dog breeders to include “high volume mills”, animal trappers, seal hunts/slaughterers, tail docking, ear cropping, vivisection, rodeos, and numerous other forms of animal “use” industries.

So I am guessing that Line 77 (j) would

be to suffice Ms. Strand?

88 (k) The animal shelter may assess a fee, not to exceed the standard adoption fee, for each

89 animal released to a rescue group.” 

Non profit animal rescue groups are already putting out enough money trying to clean up after puppy mills and backyard breeders – this excerpt would add an additional hardship on all rescue groups.  Who in their right mind would want rescues charged to pull animals?

Oh, that’s right……. dog breeders.


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90 SECTION 4.

91 All laws and parts of laws in conflict with this Act are repealed. <—- this is dangerous wording – as it would eliminate anything in the Ga. Animal Protection Act, and Ga. Dept. of Ag Animal Protection Division’s Rules/Regs that contradicted this “Animal Rescue Act”.

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HB372:  FAILED

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As with any of my website pages, do not take my word as the gospel on ANYTHING.  Rather, take the time to research things for YOURSELF.