HB75: HB75 Justice for Peanut and Fred Act; enact

Under current Georgia law, agencies that impound dogs, cats, and other pets can decide on their own, based on a veterinarian's opinion, that an animal should be euthanized. This bill changes that process for domesticated animals whose owners have not given up ownership. Before euthanizing such an animal, the government agency would have to notify the owner, give the owner a chance to request a hearing, and get an order from a judge finding that euthanasia is the only reasonable option. The bill also adds a new legal definition of 'domesticated animal' covering pets like dogs, cats, birds, fish, and reptiles kept in a household, and creates a limited waiver of governmental immunity so a state or local agency can be held liable for up to $5,000 if its employees fail to use due care and an impounded pet dies, is lost, or is injured. The changes would take effect immediately upon the Governor's signature and would apply to impoundments occurring after that date.

• Requires a judge's court order, after notice and a chance for a hearing, before a government agency can euthanize an impounded domesticated animal whose owner has not given up ownership.
• Creates a new legal definition of 'domesticated animal' covering pets like dogs, cats, birds, fish, and reptiles kept in or near an owner's household, excluding livestock.
• Allows state or local governments to be sued for up to $5,000 if their officers or employees fail to use due care and an impounded domesticated animal dies, is lost, or is injured, waiving sovereign immunity (a government's usual legal protection from lawsuits) for this purpose.
• Sets out detailed notice requirements for agencies, including personal service, mail, or newspaper publication if the owner cannot be found, before euthanasia can proceed.
• Gives owners ten business days after notice (or 30 days after publication) to request a hearing on whether euthanasia is truly the only reasonable option.
• Names the bill the 'Justice for Peanut and Fred Act' and makes it effective immediately upon the Governor's signature, applying to impoundments occurring afterward.

Pet owners whose animals are impounded by animal control or law enforcement, government agencies and shelters that hold impounded animals, judges and hearing officers who would review euthanasia decisions, and veterinarians who assess an impounded animal's condition.

Pet owners would gain a formal right to notice and a hearing, plus a judge's review, before their animal could be euthanized while in government custody, and could seek limited compensation if agency negligence leads to a pet's death, loss, or injury during impoundment.

• Section 2 adds a definition of 'domesticated animal' to O.C.G.A. § 4-11-2, covering pets like dogs, cats, birds, fish, and reptiles, but excluding livestock.
• Section 3 amends O.C.G.A. § 4-11-9.3 to create a $5,000 cap on government liability for failing to exercise due care over impounded domesticated animals, with a limited waiver of sovereign immunity.
• Section 4 rewrites O.C.G.A. § 4-11-9.6 to require a court order before euthanizing an impounded domesticated animal whose owner has not relinquished ownership, replacing sole reliance on a veterinarian's opinion.
• Section 4 also sets notice procedures (personal service, mail, or newspaper publication) and hearing timelines (10 business days, or 30 days after publication) for owners to contest a euthanasia decision.
• Section 4 directs that if a hearing officer finds euthanasia is not the only reasonable option, the agency must instead dispose of the animal through sale, auction, or adoption.
• Section 5 makes the Act effective immediately upon the Governor's signature and applies it to impoundments occurring on or after that date.

1. 2025-02-06House Withdrawn, Recommitted (House)
2. 2025-01-27House Second Readers (House)
3. 2025-01-17House First Readers (House)
4. 2025-01-16House Hopper (House)

• Jordan Ridley (R, HD-022)Primary sponsor
• Jason Ridley (R, HD-006)
• Mitchell Horner (R, HD-003)
• Steve Tarvin (R, HD-002)
• Johnny Chastain (R, HD-007)
• Alan Powell (R, HD-033)

• animal welfare
• pet impoundment
• government liability
• animal control law