SB586: SB586 "K-9 Law Enforcement Heroes Act of 2026"; enact

26 LC 63 0178S The House Committee on Public Safety and Homeland Security offe rs 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 A nnotated, relating to1 livestock running at large, so as to authorize a sheriff impounding certain livestock running2 at large to donate the livestock to certain nonprofit organizations, individuals, and entities;3 to provide for notice; to provide for related matters; to repeal conflicting laws; and for other4 purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Chapter 3 of Title 4 of the Official Code of Georgia Annotated, relating to livestock running8 at large, is amended by revising Code Section 4-3-5, relating to notice of impoundment and9 sale of livestock, as follows:10 "4-3-5.11 (a) Upon the impounding of any livestock by the sheriff, his or her deputies, or any other12 law enforcement officers of the county, the sheriff shall forthwith serve written notice upon13 the owner, advising such owner of the location or place where the livestock is being held14 and impounded, the amount due as a result of such impounding, a nd that unless such15 livestock is redeemed within three days from that date the livestock shall be offered for sale16 S. B. 586 (SUB) - 1 - 26 LC 63 0178S or donated to a nonprofit organization, an individual, or an entity deemed by the sheriff to17 have the facilities, land, and resources necessary to properly and humanely care for such18 livestock. In the event the owner of such livestock is unknown or cannot be found, service19 upon the owner shall be obtained by publishing a notice once in a newspaper of general20 circulation where the livestock is impounded, Sundays and holidays excluded. If there is21 no such newspaper, then service shall be obtained by posting the notice at the courthouse22 door and at two other conspicuous places within said county. S uch notice shall be in23 substantially the following form:24 'To Whom It May Concern:25 You are hereby notified that the following described livestock (giving full and accurate26 description of same, including marks and brands) is now impounded at (giving location27 where livestock is impounded) and the amount due by reason of s uch impounding is28 ______ dollars. The above-described livestock will, unless redeemed within three days29 from the date of this notice, be offered for sale at public auction to the highest bidder for30 cash.31 ______________ ______________32 Date Sheriff of33 ________ County, Georgia'34 (b) Unless the impounded livestock is redeemed within three da ys from the date of the35 notice, or donated to a nonprofit organization, an individual, or an entity deemed by the36 sheriff to have the facilities, land, and resources necessary to properly and humanely care37 for such livestock, the sheriff shall forthwith give notice of sale thereof, which shall be held38 not less than five days nor more than ten days, excluding Sundays and holidays, from the39 first publication of the notice of sale. The notice of sale shall be published in a newspaper40 of general circulation in the county where the livestock is impounded, excluding Sundays41 and holidays, and by posting a copy of such notice at the courthouse door. If there is no42 S. B. 586 (SUB) - 2 - 26 LC 63 0178S such newspaper, then notice shall be given by posting a copy at the courthouse door and43 at two other conspicuous places in the county. Such notice of sale shall be in substantially44 the following form:45 '(Name of owner, if known, otherwise, "To Whom It May Concern") , you are hereby46 notified that I will offer for sale and sell at public sale to the highest bidder for cash the47 following described livestock (giving full and accurate descrip tion of each head of48 livestock) at ______M. (the hours of sale to be between 11:00 A .M. and 2:00 P.M.49 eastern standard time or eastern daylight time, whichever is applicable) on the ____ day50 of ______________ at the following place ______________________ _ (which place51 shall be where the livestock is impounded or at the place provi ded by the county52 commissioners for the taking up and keeping of such livestock) to satisfy a claim in the53 sum of ______ for fees, expenses for feeding and care, and costs hereof.54 ______________ ______________55 Date Sheriff of56 ________ County, Georgia'"57 SECTION 2.58 Said chapter is further amended by revising Code Section 4-3-6, relating to redemption of59 livestock prior to sale, as follows:60 "4-3-6.61 The owner of any impounded livestock shall have the right at any time before the donation62 or sale thereof to redeem the livestock by paying to the sheriff all impounding expenses,63 including fees, keeping charges, and advertising or other costs incurred, which sum shall64 be deposited by the sheriff with the clerk of the superior court who shall pay all fees and65 costs as allowed in Code Section 4-3-10. In the event there is a dispute as to the amount66 of such costs and expenses, the owner may provide bond, with su fficient sureties to be67 S. B. 586 (SUB) - 3 - 26 LC 63 0178S approved by the sheriff, in an amount to be determined by the s heriff, but not exceeding68 the fair cash value of such livestock, conditioned to pay such costs and damages. Within69 ten days thereafter, the owner shall institute an action to have the dispute adjudicated by70 the court or referred to a jury if requested by either party to the action."71 SECTION 3.72 Said chapter is further amended by revising Code Section 4-3-7, relating to disposition of73 livestock not sold at auction, as follows:74 "4-3-7.75 If there is no bidder for the livestock at the sale provided fo r in Code Section 4-3-5, the76 sheriff shall donate the lives tock to a nonprofit organization, an individual, or an entity77 deemed by the sheriff to have the facilities, land, and resources necessary to properly and78 humanely care for such livestock or have the livestock killed and shall dispose of the79 carcass thereof; and, if there is any money received by him or her from the disposal, the80 same shall be disbursed in the manner provided for in Code Section 4-3-8. If there is no81 ready sale for the carcass, the sheriff shall deliver the carcass to a public institution of the82 county, state, or municipality within the county or to any private charitable institution, in83 this order, according to their needs."84 SECTION 4.85 All laws and parts of laws in conflict with this Act are repealed.86 S. B. 586 (SUB) - 4 -