The House Committee on Public Safety and Homeland Security offers the following
substitute to SB 586:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 3 of Title 4 of the Official Code of Georgia Annotated, relating to
livestock running at large, so as to authorize a sheriff impounding certain livestock running
at large to donate the livestock to certain nonprofit organizations, individuals, and entities;
to provide for notice; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 3 of Title 4 of the Official Code of Georgia Annotated, relating to livestock running
at large, is amended by revising Code Section 4-3-5, relating to notice of impoundment and
sale of livestock, as follows:
"4-3-5.
(a) Upon the impounding of any livestock by the sheriff, his <ins>or her</ins> deputies, or any other
law enforcement officers of the county, the sheriff shall forthwith serve written notice upon
the owner, advising such owner of the location or place where the livestock is being held
and impounded, the amount due as a result of such impounding, and that unless such
livestock is redeemed within three days from that date the livestock shall be offered for sale
<ins>or donated to a nonprofit organization, an individual, or an entity deemed by the sheriff to
have the facilities, land, and resources necessary to properly and humanely care for such
livestock.</ins> In the event the owner of such livestock is unknown or cannot be found, service
upon the owner shall be obtained by publishing a notice once in a newspaper of general
circulation where the livestock is impounded, Sundays and holidays excluded. If there is
no such newspaper, then service shall be obtained by posting the notice at the courthouse
door and at two other conspicuous places within said county. Such notice shall be in
substantially the following form:
'To Whom It May Concern:
You are hereby notified that the following described livestock (giving full and accurate
description of same, including marks and brands) is now impounded at (giving location
where livestock is impounded) and the amount due by reason of such impounding is
______ dollars. The above-described livestock will, unless redeemed within three days
from the date of this notice, be offered for sale at public auction to the highest bidder for
cash.
______________ ______________
Date Sheriff of
________ County, Georgia'
(b) Unless the impounded livestock is redeemed within three days from the date of the
notice, <ins>or donated to a nonprofit organization, an individual, or an entity deemed by the
sheriff to have the facilities, land, and resources necessary to properly and humanely care
for such livestock,</ins> the sheriff shall forthwith give notice of sale thereof, which shall be held
not less than five days nor more than ten days, excluding Sundays and holidays, from the
first publication of the notice of sale. The notice of sale shall be published in a newspaper
of general circulation in the county where the livestock is impounded, excluding Sundays
and holidays, and by posting a copy of such notice at the courthouse door. If there is no
such newspaper, then notice shall be given by posting a copy at the courthouse door and
at two other conspicuous places in the county. Such notice of sale shall be in substantially
the following form:
'(Name of owner, if known, otherwise, "To Whom It May Concern"), you are hereby
notified that I will offer for sale and sell at public sale to the highest bidder for cash the
following described livestock (giving full and accurate description of each head of
livestock) at ______M. (the hours of sale to be between 11:00 A.M. and 2:00 P.M.
eastern standard time or eastern daylight time, whichever is applicable) on the ____ day
of ______________ at the following place _______________________ (which place
shall be where the livestock is impounded or at the place provided by the county
commissioners for the taking up and keeping of such livestock) to satisfy a claim in the
sum of ______ for fees, expenses for feeding and care, and costs hereof.
______________ ______________
Date Sheriff of
________ County, Georgia'"
SECTION 2.
Said chapter is further amended by revising Code Section 4-3-6, relating to redemption of
livestock prior to sale, as follows:
"4-3-6.
The owner of any impounded livestock shall have the right at any time before <ins>the donation
or</ins> sale thereof to redeem the livestock by paying to the sheriff all impounding expenses,
including fees, keeping charges, and advertising or other costs incurred, which sum shall
be deposited by the sheriff with the clerk of the superior court who shall pay all fees and
costs as allowed in Code Section 4-3-10. In the event there is a dispute as to the amount
of such costs and expenses, the owner may provide bond, with sufficient sureties to be
approved by the sheriff, in an amount to be determined by the sheriff, but not exceeding
the fair cash value of such livestock, conditioned to pay such costs and damages. Within
ten days thereafter, the owner shall institute an action to have the dispute adjudicated by
the court or referred to a jury if requested by either party to the action."
SECTION 3.
Said chapter is further amended by revising Code Section 4-3-7, relating to disposition of
livestock not sold at auction, as follows:
"4-3-7.
If there is no bidder for the livestock at the sale provided for in Code Section 4-3-5, the
sheriff shall <ins>donate the livestock to a nonprofit organization, an individual, or an entity
deemed by the sheriff to have the facilities, land, and resources necessary to properly and
humanely care for such livestock or</ins> have the livestock killed and shall dispose of the
carcass thereof; and, if there is any money received by him <ins>or her</ins> from the disposal, the
same shall be disbursed in the manner provided for in Code Section 4-3-8. If there is no
ready sale for the carcass, the sheriff shall deliver the carcass to a public institution of the
county, state, or municipality within the county or to any private charitable institution, in
this order, according to their needs."
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.