reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 5 - DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS (§§ 26-5-1 — 26-5-80) › Article 1 - DRUG ABUSE TREATMENT AND EDUCATION ACT (§§ 26-5-1 — 26-5-23) › Section 26-5-23 - Publication of annual report

The Department of Community Health and the Department of Behavioral Health and Developmental Disabilities shall publish an annual report using data from the department's central registry data base on the number of patients in enrolled treatment, the number of patients discharged from treatment, each patient's state of residence, and other information determined by the departments. Such published report shall exclude patient identifying information and be compliant with state and federal laws.
Amended by 2019 Ga. Laws 321,§ 26, eff. 5/12/2019.
Amended by 2018 Ga. Laws 562,§ 26, eff. 5/8/2018.
Added by 2017 Ga. Laws 141,§ 5-1, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 5 - DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS (§§ 26-5-1 — 26-5-80) › Article 2 - NARCOTIC TREATMENT PROGRAMS ENFORCEMENT ACT (§§ 26-5-40 — 26-5-62) › Section 26-5-40 - Short title

This article shall be known and may be cited as the "Narcotic Treatment Programs Enforcement Act."
Added by 2017 Ga. Laws 140,§ 1, eff. 5/4/2017.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 5 - DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS (§§ 26-5-1 — 26-5-80) › Article 2 - NARCOTIC TREATMENT PROGRAMS ENFORCEMENT ACT (§§ 26-5-40 — 26-5-62) › Section 26-5-41 - Definitions

As used in this article, the term:
(1)
"Department" means the Department of Community Health or its successor.
(2)
"Governing body" means the county board of health, the partnership, the corporation, the association, or the person or group of persons who maintains and controls a narcotic treatment program, who is legally responsible for its operation, and who holds the license to operate that program.
(3)
"License" means the official permit issued by the department that authorizes the holder to operate a narcotic treatment program for the term provided therein.
(4)
"Licensee" means any person holding a license issued by the department under this article.
(5)
"Narcotic treatment program" means any system of treatment provided for chronic heroin or opiate-like drug-dependent individuals that administers narcotic drugs under physicians' orders either for detoxification purposes or for maintenance treatment in a rehabilitative context offered by any county board of health, partnership, corporation, association, or person or groups of persons engaged in such administration.
(6)
"Patient" means any individual who undergoes treatment in a narcotic treatment program.
Amended by 2018 Ga. Laws 562,§ 26, eff. 5/8/2018.
Added by 2017 Ga. Laws 140,§ 1, eff. 5/4/2017.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 5 - DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS (§§ 26-5-1 — 26-5-80) › Article 2 - NARCOTIC TREATMENT PROGRAMS ENFORCEMENT ACT (§§ 26-5-40 — 26-5-62) › Section 26-5-42 - Minimum standards of quality and services

The department shall create and promulgate reasonable and necessary minimum standards of quality and services for narcotic treatment programs. At least the following areas shall be covered in the rules and regulations:
(1)
Adequate and safe buildings or housing facilities where programs are offered;
(2)
Adequate equipment for the delivery of programs;
(3)
Sufficient trained or experienced staff who are competent in the duties they are to perform;
(4)
The content and quality of services to be provided;
(5)
Requirements for intake, discharge, and aftercare of drug dependent persons;
(6)
Referral to other appropriate agencies;
(7)
Continuing evaluation of the effectiveness of programs;
(8)
Maintenance of adequate records on each drug dependent person treated or advised;
(9)
A formal plan of cooperation with other programs in the state to allow for continuity of care for drug dependent persons; and
(10)
Criteria for providing priority in access to services and admissions to programs for drug dependent pregnant females.
Added by 2017 Ga. Laws 140,§ 1, eff. 5/4/2017.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 5 - DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS (§§ 26-5-1 — 26-5-80) › Article 2 - NARCOTIC TREATMENT PROGRAMS ENFORCEMENT ACT (§§ 26-5-40 — 26-5-62) › Section 26-5-43 - Rules and regulations

The department is authorized and directed to create and promulgate all rules and regulations necessary for the implementation of this article.
Added by 2017 Ga. Laws 140,§ 1, eff. 5/4/2017.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 5 - DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS (§§ 26-5-1 — 26-5-80) › Article 2 - NARCOTIC TREATMENT PROGRAMS ENFORCEMENT ACT (§§ 26-5-40 — 26-5-62) › Section 26-5-44 - License required

No governing body shall operate a narcotic treatment program without having a valid license or provisional license issued pursuant to this article.
Added by 2017 Ga. Laws 140,§ 1, eff. 5/4/2017.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 5 - DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS (§§ 26-5-1 — 26-5-80) › Article 2 - NARCOTIC TREATMENT PROGRAMS ENFORCEMENT ACT (§§ 26-5-40 — 26-5-62) › Section 26-5-45 - Application; proof of compliance

(a)
Application for a license to operate a narcotic treatment program shall be submitted by the governing body to the department in the manner prescribed by rules and regulations and shall contain a comprehensive outline of the program to be offered by the applicant.
(b)
Proof of compliance with all applicable federal and state laws for the handling and dispensing of drugs and all state and local health, safety, sanitation, building, and zoning codes shall be attached to the narcotic treatment application submitted to the department.
Added by 2017 Ga. Laws 140,§ 1, eff. 5/4/2017.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 5 - DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS (§§ 26-5-1 — 26-5-80) › Article 2 - NARCOTIC TREATMENT PROGRAMS ENFORCEMENT ACT (§§ 26-5-40 — 26-5-62) › Section 26-5-46 - Application enrollment period; required letter of intent

(a)
The department shall establish an annual or biannual open enrollment period to accept applications for narcotic treatment programs.
(b)
The department shall establish an information forum for potential applicants prior to the beginning of the open enrollment period that shall be no less than 14 days prior to the start of the open enrollment period. It shall be mandatory for a representative of a prospective applicant for such open enrollment period to attend the information forum. Failure to attend and comply with such record of attendance requirements shall disqualify any applicant from consideration during open enrollment.
(c)
It shall be mandatory for an applicant to submit a letter of intent stating such applicant's intention to apply for a narcotic treatment program license. Such letter of intent shall include the intended address and region location. The letter shall be delivered to the department at least seven days prior to the beginning of the open enrollment period.
(d)
The first open enrollment period shall be held December 1, 2017, through December 31, 2017, and the department shall not accept any applications for licensure until December 1, 2017.
(e)
After the first open enrollment period, the department shall administratively determine the annual or biannual open enrollment period no later than December 1 of the preceding calendar year.
Added by 2017 Ga. Laws 140,§ 1, eff. 5/4/2017.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 5 - DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS (§§ 26-5-1 — 26-5-80) › Article 2 - NARCOTIC TREATMENT PROGRAMS ENFORCEMENT ACT (§§ 26-5-40 — 26-5-62) › Section 26-5-49 - Rewards and financial incentives prohibited

(a)
Narcotic treatment programs shall not provide a bounty, free services, free medication, or other rewards for patient referral to such program.
(b)
Narcotic treatment programs shall not provide temporary discounted financial incentives to a potential patient that does not conform to the schedule of fees established by such program as required by the department's rules and regulations.
(c)
Narcotic treatment programs shall not provide discounted fees for services during the first 90 days of treatment.
(d)
Subsections (b) and (c) of this Code section shall not apply to drug dependent pregnant females.
Added by 2017 Ga. Laws 140,§ 1, eff. 5/4/2017.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 5 - DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS (§§ 26-5-1 — 26-5-80) › Article 2 - NARCOTIC TREATMENT PROGRAMS ENFORCEMENT ACT (§§ 26-5-40 — 26-5-62) › Section 26-5-50 - Compliance with zoning requirements

Narcotic treatment programs shall fully comply with local zoning requirements.
Added by 2017 Ga. Laws 140,§ 1, eff. 5/4/2017.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 5 - DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS (§§ 26-5-1 — 26-5-80) › Article 2 - NARCOTIC TREATMENT PROGRAMS ENFORCEMENT ACT (§§ 26-5-40 — 26-5-62) › Section 26-5-51 - Providing of records

Subject to the limitations of Code Section
26-5-56
, the department may require at reasonable intervals that each licensee shall furnish copies of complete records of each person treated or advised by the narcotic treatment program; provided, however, that patient identifying information shall be redacted from such records prior to submission to the department.
Added by 2017 Ga. Laws 140,§ 1, eff. 5/4/2017.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 5 - DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS (§§ 26-5-1 — 26-5-80) › Article 2 - NARCOTIC TREATMENT PROGRAMS ENFORCEMENT ACT (§§ 26-5-40 — 26-5-62) › Section 26-5-52 - Inspections

Each licensee shall permit the authorized department representatives to enter upon and inspect any and all premises upon or in which a program is to be conducted or for which a license has been applied so that verification of compliance with all relevant laws or regulations can be made.
Added by 2017 Ga. Laws 140,§ 1, eff. 5/4/2017.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 5 - DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS (§§ 26-5-1 — 26-5-80) › Article 2 - NARCOTIC TREATMENT PROGRAMS ENFORCEMENT ACT (§§ 26-5-40 — 26-5-62) › Section 26-5-53 - Denial, suspension, or revocation of license

The department may deny any license applied for under this article that does not fulfill the minimum requirements which the department shall prescribe by rules and regulations and may suspend or revoke a license which has been issued if an applicant or a licensee violates any of such rules and regulations; provided, however, that before any order is entered denying a license applied for or suspending or revoking a license previously granted, the applicant or licensee, as the case may be, shall be afforded an opportunity for a hearing as provided for in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
Added by 2017 Ga. Laws 140,§ 1, eff. 5/4/2017.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 5 - DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS (§§ 26-5-1 — 26-5-80) › Article 2 - NARCOTIC TREATMENT PROGRAMS ENFORCEMENT ACT (§§ 26-5-40 — 26-5-62) › Section 26-5-54 - Notice

Notice of a proposed suspension or revocation of a license shall be provided in writing by the department to any licensee so affected within 90 days after the open enrollment period has closed or the grounds are discovered. Within ten days from receipt of such notice, the licensee so affected may request a hearing before the department. Upon receipt of such request for hearing in proper form, the department shall schedule a hearing within a reasonable time, but not later than 90 days.
Added by 2017 Ga. Laws 140,§ 1, eff. 5/4/2017.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 5 - DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS (§§ 26-5-1 — 26-5-80) › Article 2 - NARCOTIC TREATMENT PROGRAMS ENFORCEMENT ACT (§§ 26-5-40 — 26-5-62) › Section 26-5-55 - Actions subject to Administrative Procedures Act

The promulgation of reasonable and necessary rules and regulations, the conduct of administrative hearings, and judicial review of the department's actions shall be subject to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
Added by 2017 Ga. Laws 140,§ 1, eff. 5/4/2017.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 5 - DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS (§§ 26-5-1 — 26-5-80) › Article 2 - NARCOTIC TREATMENT PROGRAMS ENFORCEMENT ACT (§§ 26-5-40 — 26-5-62) › Section 26-5-56 - Confidentiality of patient information

For the purpose of providing more effective treatment and rehabilitation, the records and name of any drug dependent person who seeks or obtains treatment, therapeutic advice, or counsel from any program licensed under this chapter shall be confidential and shall not be revealed except to the extent authorized in writing by the drug dependent person affected; furthermore, any communication by such drug dependent person to an authorized employee of any holder of a license shall be deemed confidential; provided, however, that, except for matters privileged under other laws of this state, the records of such person and information about such person shall be produced in response to a valid court order of any court of competent jurisdiction after a full and fair show-cause hearing and in response to a departmental request for access for licensing purposes when such request is accompanied by a written statement that no record of patient identifying information will be made.
Added by 2017 Ga. Laws 140,§ 1, eff. 5/4/2017.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 5 - DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS (§§ 26-5-1 — 26-5-80) › Article 2 - NARCOTIC TREATMENT PROGRAMS ENFORCEMENT ACT (§§ 26-5-40 — 26-5-62) › Section 26-5-57 - Enforcement

The department is authorized to enforce this article and the rules and regulations promulgated under this article by injunction. Any violation of this article or any rule or regulation promulgated under this article shall be a nuisance per se; and it shall not be necessary to allege or prove the exhaustion of remedies at law to obtain an injunction under this Code section.
Added by 2017 Ga. Laws 140,§ 1, eff. 5/4/2017.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 5 - DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS (§§ 26-5-1 — 26-5-80) › Article 2 - NARCOTIC TREATMENT PROGRAMS ENFORCEMENT ACT (§§ 26-5-40 — 26-5-62) › Section 26-5-58 - Penalty

Any person who violates any provision of this article shall be guilty of a misdemeanor.
Amended by 2017 Ga. Laws 140,§ 1, eff. 5/4/2017.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 5 - DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS (§§ 26-5-1 — 26-5-80) › Article 2 - NARCOTIC TREATMENT PROGRAMS ENFORCEMENT ACT (§§ 26-5-40 — 26-5-62) › Section 26-5-59 - Priority admissions policy for drug dependent pregnant females

Any program licensed or funded by the department under this article shall implement a priority admissions policy for the treatment of drug dependent pregnant females which provides for immediate access to services for any such female applying for admission, which access shall be contingent only upon the availability of space.
Added by 2017 Ga. Laws 140,§ 1, eff. 5/4/2017.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 5 - DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS (§§ 26-5-1 — 26-5-80) › Article 2 - NARCOTIC TREATMENT PROGRAMS ENFORCEMENT ACT (§§ 26-5-40 — 26-5-62) › Section 26-5-60 - Central registry

To prevent simultaneous enrollment of a patient in more than one program, all programs shall comply with the policies and participate in the central registry operated by the Department of Behavioral Health and Developmental Disabilities. Programs shall comply with the rules and regulations of the department regarding the central registry.
Added by 2017 Ga. Laws 140,§ 1, eff. 5/4/2017.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 5 - DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS (§§ 26-5-1 — 26-5-80) › Article 2 - NARCOTIC TREATMENT PROGRAMS ENFORCEMENT ACT (§§ 26-5-40 — 26-5-62) › Section 26-5-62 - Effectiveness of existing regulations

Unless otherwise provided, this article shall not invalidate or affect any rules or regulations which were in effect on May 4, 2017, promulgated pursuant to authority given by law, and such rules and regulations shall remain in force until repealed, replaced, or invalidated.
Added by 2017 Ga. Laws 140,§ 1, eff. 5/4/2017.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-1 — 27-1-39) › Section 27-1-4 - Powers and duties of board generally

The board shall have the following powers and duties relative to this title:
(1)
Establishment of the general policies to be followed by the department under this title;
(2)
Promulgation of all rules and regulations necessary for the administration of this title including, but not limited to, rules and regulations to regulate the times, places, numbers, species, sizes, manner, methods, ways, means, and devices of killing, taking, capturing, transporting, storing, selling, using, and consuming wildlife and to carry out this title, and rules and regulations requiring daily, season, or annual use permits for the privilege of hunting and fishing in designated streams, lakes, or game management areas; and
(3)
Promulgation of rules and regulations to protect wildlife, the public, and the natural resources of this state in the event of fire, flood, disease, pollution, or other emergency situation without complying with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Such rules and regulations shall have the force and effect of law upon promulgation by the board.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-1 — 27-1-39) › Section 27-1-7 - Technical assistance for control or elimination of wild or abandoned dogs

Upon the request of the governing authority of a city, county, or combination thereof, the department is authorized to provide technical assistance to the city, county, or combination thereof relative to the control or elimination of wild or abandoned dogs running at large, provided that, with the exception of the technical assistance provided in accordance with this Code section, all costs relative to the control or elimination shall be borne by the city, county, or combination thereof.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-1 — 27-1-39) › Section 27-1-8 - Construction of fish ladders; requiring construction by private persons; assessment of cost upon refusal; issuance of execution

(a)
The department is authorized to provide for the free passage of fish in the fresh-water streams of Georgia for the purpose of spawning and propagating and to erect or cause to be erected fish ladders or other passageways whereby fish may pass over any dam or other obstruction placed in the fresh-water streams of Georgia by any person.
(b)
It shall be the duty of the department to give written notice to any person owning, leasing, or constructing any dam or other obstruction which restricts the free passage of fish in the fresh-water streams of this state, which notice shall require the person to provide a suitable fish ladder or passageway over the dam or obstruction. The person shall, within 60 days after the receipt of the notice, provide at his own expense a fish ladder or other suitable passageway for the purpose of allowing fish in such fresh water to pass freely over the dam or obstruction.
(c)
Should any person owning, leasing, or constructing any dam or other obstruction in the fresh-water streams of this state fail and refuse to provide a fish ladder or other passageway after receiving the notice, as required in subsection (b) of this Code section, the department is authorized to build or erect a fish ladder or other passageway over the dam or obstruction; and the cost of the same shall be assessed by the department against the person owning, leasing, or constructing the dam or obstruction.
(d)
The department is authorized to issue an execution in the nature of a fi. fa. against any person against whom an assessment has been made pursuant to subsection (c) of this Code section. The assessment shall be collected by any sheriff or other authorized officer of the state by means of levy and sale in the same manner as the collection of any other fi. fas.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-1 — 27-1-39) › Section 27-1-9 - Consent to federal rules and regulations pursuant to federal law authorizing purchase of land by United States government for river navigability purposes

The consent of the General Assembly is given to the making by the Congress of the United States or under its authority of all such rules and regulations as the federal government shall determine to be needed in respect to game animals, game and nongame birds, and fish on such lands in the northern part of Georgia as shall have been or may hereafter be purchased by the United States under the terms of the act of Congress of March 1, 1911, entitled "An Act to Enable any state to Cooperate with any other state or states, or with the United States, for the Protection of the Watersheds of Navigable Streams, and to Appoint a Commission for the Acquisition of Lands for the Purpose of Conserving the Navigability of Navigable Rivers" (36 United States Statutes at Large, page 961), and acts of Congress supplementary thereto and amendatory thereof, and in or on the waters thereof.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-1 — 27-1-39) › Section 27-1-10 - Assent to federal law respecting wildlife conservation and restoration projects, fish restoration projects, wildlife conservation education, and wildlife associated recreation projects

The State of Georgia assents to the provisions of P.L. 75-415 and P.L. 81-681. The department is authorized, empowered, and directed to perform such acts as may be necessary to establish and conduct cooperative wildlife restoration projects as defined in P.L. 75-415, cooperative fish restoration projects as defined in P.L. 81-681, and wildlife conservation and restoration programs, wildlife conservation education, and wildlife associated recreation projects as defined in P.L. 106-553, as well as the regulations promulgated under those federal acts. No funds accruing to the state from license fees paid by hunters or fishermen or interest thereon shall be diverted for any purpose other than the administration of the department and for the study, protection, preservation, restoration, or propagation of fish and wildlife in this state.
Amended by 2001 Ga. Laws 307, § 2, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-1 — 27-1-39) › Section 27-1-11 - Consent to acquisition of land by United States government for conservation purposes; notice of intended use

(a)
The consent of the State of Georgia is given to the acquisition by the United States government by purchase, gift, devise, lease, condemnation, or otherwise of such areas of land or water or of land and water in the State of Georgia as the United States government may deem necessary for the conservation, protection, propagation, and development of all species of fish and wildlife and for other conservation purposes. However, the State of Georgia reserves full and complete jurisdiction and authority over all such areas not incompatible with the administration, maintenance, protection, and control thereof by the United States government under the first terms of any act of Congress authorizing such acquisitions.
(b)
The consent given by subsection (a) of this Code section is conditioned on the requirement that, prior to the acquisition, notice shall be given by the federal government to the department of plans stating the specific use to be made of and the specific location and description of the lands desired by the federal government for any such conservation use and, further, that the plan for acquisition of the lands shall be approved by the department.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-1 — 27-1-39) › Section 27-1-12 - Federal-state cooperation in protection and management of wildlife in national forest; powers of board

(a)
The department shall have the authority to enter into cooperative agreements with the United States government or with the proper authorities thereof for the protection and management of the wildlife resources of the national forest lands within the State of Georgia and for the restocking of the same with desirable species of wildlife.
(b)
After entering into an agreement under subsection (a) of this Code section, the board shall have the authority to close all hunting and fishing in the national forest lands within this state for such period of time as the board may deem necessary. The board shall have authority from time to time to prescribe the season for hunting or fishing in such lands, to prescribe the number of animals, fish, and birds that may be taken from such lands and the size thereof, and to prescribe the conditions under which the same may be taken.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-1 — 27-1-39) › Section 27-1-13 - Disposition of funds received by department; appropriations; grants and donations for natural resources conservation camps

(a)
All funds resulting from the operation of the department and from the administration of the laws and regulations pertaining to wildlife, excluding fines, but including all license fees and other income (except that income provided for in subsection (b) of this Code section), shall be paid into the general funds of the state treasury; and each year at least such amount shall be appropriated to the department. The board shall be authorized to establish, by rule or regulation, a procedure to refund fees collected in error or overpayment or to which the department or state is otherwise not entitled.
(b)
The department is authorized to accept grants and donations (either monetary or of real or personal property) for the purpose of creating and maintaining natural resources conservation camps in the state. Any donation or grant so received and any income therefrom or any income derived from the operation of any of the camps shall be held and maintained by the department for the exclusive use and the benefit of each of said camps. The board is authorized and directed to promulgate reasonable rules and regulations respecting the operation of said camps.
(c)
Notwithstanding any other law to the contrary, the department is authorized to retain all miscellaneous funds generated by the operation of its wildlife management areas and refuges, its public fishing areas, and its wildlife, hunter, and boating education programs for use in the operation and maintenance of those areas, refuges, and programs. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury. Nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury. The department shall comply with all provisions of Code Section
45-5-7
, Parts 1 and 2 of Article 4 of Chapter 12 of Title 45, the "Budget Act," except Code Section
45-12-92
, prior to expending any such miscellaneous funds.
Amended by 2011 Ga. Laws 182,§ 4, eff. 7/1/2011.
Amended by 2001 Ga. Laws 307, § 3, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-1 — 27-1-39) › Section 27-1-14 - Disposition of fines and bond forfeitures

The proceeds from all fines and bond forfeitures arising from criminal prosecution for violation of the wildlife laws, rules, and regulations shall, except as otherwise specifically provided in this title, be applied initially to payment of the fees of the officers of the trial court and court costs as prescribed by law. Any money remaining after such disposition shall be remitted promptly by the clerk of the court in which the case is disposed of to the county treasurer of the county in which the fine is assessed, who shall deposit the funds in the general funds of the county.
Amended by 2015 Ga. Laws 98,§ 3-32, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-1 — 27-1-39) › Section 27-1-16 - Establishment of unit of game wardens; qualifications, appointment, and supervisory personnel; retention of badge and weapon upon disability retirement

(a)
Within the department is established a unit of peace officers to be known as game wardens. All such game wardens shall be at least 21 years of age. Such unit of peace officers shall include, but not be limited to, the commissioner and other supervisory personnel; provided, however, that the commissioner and the director of the division to which peace officer functions are assigned shall be excluded from the classified service as defined by Code Section
45-20-2
unless otherwise provided by law. The commissioner shall have the power to appoint such a number of game wardens of the state at large, as may be necessary to carry out the duties assigned to them, who shall be charged with the law enforcement responsibilities pertaining to the department.
(b)
After a game warden has accumulated 25 years of service with the department as a peace officer and upon leaving such department under honorable conditions, such game warden shall be entitled as part of such officer's compensation to retain his or her weapon and badge pursuant to regulations promulgated by the commissioner.
(c)
As used in this subsection, the term "disability" means a disability that prevents an individual from working as a law enforcement officer. When a game warden leaves the department as a result of a disability arising in the line of duty, such game warden shall be entitled as part of such officer's compensation to retain his or her weapon and badge in accordance with regulations promulgated by the commissioner.
Amended by 2019 Ga. Laws 264,§ 7, eff. 7/1/2019.
Amended by 2012 Ga. Laws 630,§ 2-32, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 2, eff. 5/5/2009.
Amended by 2005 Ga. Laws 19,§ 27, eff. 4/7/2005.
Amended by 2004 Ga. Laws 784, § 2, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-1 — 27-1-39) › Section 27-1-17 - Deputy game wardens

(a)
The board shall have the power to appoint deputy game wardens. No deputy game wardens may be appointed without actual duties relating to the protection of natural resources.
(b)
Deputy game wardens shall have all or part of the powers and duties of game wardens, as assigned by the board. Deputy game wardens who are not employees of the department shall receive no compensation for their services. The board is authorized to appoint such number of deputy game wardens as may be necessary to carry out the duties assigned to them.
(c)
Each deputy game warden who is not an employee of the department shall personally secure a bond of not less than $5,000.00 from a bonding or surety company licensed to transact business in the State of Georgia conditioned upon the faithful performance of his duties, payable to the department.
(d)
The board shall have the power to adopt rules and regulations concerning qualifications, appointments, badge, oath of office, and other matters pertaining to deputy game wardens.
Amended by 2019 Ga. Laws 264,§ 7, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-1 — 27-1-39) › Section 27-1-18 - Powers of game wardens generally

(a)
Game wardens shall have the power and authority:
(1)
To enforce all state laws on all property owned or controlled by the department;
(2)
To enforce all state laws pertaining to functions assigned to the department;
(3)
To enforce any state law when the violation of that law is committed in conjunction with a violation of a state law pertaining to functions assigned to the department;
(4)
To enforce any state law when ordered to do so by the Governor or to protect any life or property when the circumstances demand action; and
(5)
At the expense of the department, to assist the Department of Public Safety and the Georgia Bureau of Investigation in carrying out their duties and responsibilities when requested to do so by the Department of Public Safety or the Georgia Bureau of Investigation.
(b)
The commissioner may, and in the case of a request by the Governor shall, authorize and direct the department's game wardens to cooperate with and render assistance to any law enforcement agency of this state or any municipality, county, or other political subdivision thereof in any criminal case, in the prevention or detection of violations of any law, or in the apprehension or arrest of persons who violate the criminal laws of this state, any other state, or the United States, upon a request by the governing authority or chief law enforcement officer of any municipality, the sheriff of any county, a judge of the superior court of any county, or the Governor.
Amended by 2019 Ga. Laws 264,§ 7, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-1 — 27-1-39) › Section 27-1-19 - Power of game wardens and deputy game wardens to arrest persons; procedure upon failure of person arrested to appear to answer charges

(a)
Notwithstanding any other provision of law to the contrary, game wardens and deputy game wardens, when authorized to do so by the board, may arrest persons accused of violating any law or regulation which such officers are empowered to enforce by the issuance of a citation, provided that the offense is committed in the presence of the officer or information concerning the offense constituting a basis for arrest was received by the arresting officer from a law enforcement officer observing the offense being committed. The arresting officer may issue to the person a citation which shall enumerate the specific charges against the person and the date upon which the person is to appear and answer the charges. Whenever an arrest is made by the arresting officer on the basis of information received from another law enforcement officer observing the offense being committed, the citation shall list the name of each officer, and each must be present when the charges against the offender are heard.
(b)
If the person charged shall fail to appear as specified in the citation, the judge having jurisdiction of the offense may issue a warrant ordering the apprehension of the person and commanding that he be brought before the court to answer the charge contained within the citation and the charge of his failure to appear as required. The person shall then be allowed to make a reasonable bond to appear on a given date before the court.
Amended by 2019 Ga. Laws 264,§ 7, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-1 — 27-1-39) › Section 27-1-20 - Additional powers of game wardens; functions of other agencies assigned to department

(a)
In addition to the powers enumerated in Code Sections
27-1-18
and
27-1-19
, game wardens shall have all the powers previously vested in any other law enforcement officers within the department including, but not limited to, the following:
(1)
To enforce all laws, rules, and regulations pertaining to wildlife and to boating safety and as otherwise provided;
(2)
To execute all warrants and search warrants for the violation of the laws, rules, and regulations pertaining to wildlife or to boating safety;
(3)
To serve subpoenas issued for the examination, investigation, and trial of all offenses against the laws, rules, and regulations pertaining to wildlife or to boating safety;
(4)
To arrest without warrant any person found violating any of the laws, rules, and regulations pertaining to wildlife or to hunting, fishing, or boating;
(5)
To seize and take possession of all wildlife or parts thereof taken, caught, killed, captured, possessed, or controlled or which have been shipped or are about to be shipped at any time and in any manner or for any purpose contrary to the laws, rules, and regulations pertaining to wildlife;
(6)
To go upon property outside of buildings, posted or otherwise, in the performance of their duties;
(7)
To carry firearms while performing duties pertaining to wildlife;
(8)
To seize as evidence, without warrant, any device other than a boat, vehicle, or aircraft when they have cause to believe that its possession or use is in violation of any of the provisions of the laws or regulations dealing with wildlife. For the purposes of this Code section, "device" includes any light, hunting apparatus, or fishing or netting gear or tackle;
(9)
To enter and inspect any commercial cold storage warehouse, ice house, locker plant, butcher shop, or other plant or building for the purpose of determining whether wildlife is being kept or stored therein in violation of the wildlife laws or regulations; and
(10)
To exercise the full authority of peace officers while in the performance of their duties.
(b)
Unless inconsistent with this title, whenever any statute pertaining to an agency whose functions are assigned to the department refers to law enforcement personnel of that agency, that reference applies to game wardens.
Amended by 2019 Ga. Laws 264,§ 7, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-1 — 27-1-39) › Section 27-1-21 - Seizure and disposal of wildlife illegally taken or possessed; civil action by possessor; disposal of wildlife unable to be stored; disposition of unmarketable items

(a)
Game wardens, sheriffs, and other peace officers of this state or any political subdivision thereof shall seize any wildlife taken or possessed in violation of the wildlife laws and regulations of this state. Such wildlife shall be sold or disposed of in such manner as the commissioner may direct, in conformance with any rules and regulations promulgated by the board, at any time after the expiration of 30 days following the seizure, unless the owner thereof or the person in possession at the time of the seizure files a civil action against the State of Georgia, Department of Natural Resources, within 30 days following the seizure, in the state or superior court having jurisdiction in the county where the seizure was made. The person filing the action shall have the burden of proof, and the action shall be tried as other civil cases in such court. Items for which such an action has been filed shall be held pending the resolution of the action, provided that reasonable charges for storage shall be paid by the person filing the action in the event that such person does not prevail in the action.
(b)
If the wildlife seized is perishable or if by its nature, size, or quantity it cannot be humanely, conveniently, or economically stored, held, or contained, or if the wildlife seized poses a threat to public safety or public health, the commissioner may at any time order that it be disposed of and the proceeds, if any, held in escrow for 30 days following such seizure. If the owner thereof or the person in possession at the time of seizure files an action pursuant to this Code section, the action will be for the return of the proceeds, if any, and the proceeds will be held in escrow until final disposition of the action. If no such action is filed, the proceeds shall be paid into the state treasury.
(c)
Items for which there is no conveniently ascertainable commercial market may be donated to a charitable institution or otherwise disposed of as the commissioner may direct.
Amended by 2019 Ga. Laws 264,§ 7, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-1 — 27-1-39) › Section 27-1-22 - Taking, possessing, and releasing of wildlife generally

For purposes of wildlife management and in accordance with sound principles of wildlife research and management, authorized personnel of the department and persons authorized by contract with the department are authorized to take, transport, possess, purchase, sell, band, and release wildlife at such times, by such methods, and in such quantities as are otherwise made unlawful by this title.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-1 — 27-1-39) › Section 27-1-23 - Inspection of business premises and records of commercial license holders

Any commercial license holder shall be deemed, by application for such license, to have agreed to make his business premises and records available for inspection by authorized agents of the department during normal business hours and at any other time when the licensed commercial activity is being conducted on such premises.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-1 — 27-1-39) › Section 27-1-24 - Inspection of vessels and boats

The provisions of this title or any rule or regulation adopted pursuant to this title pertaining to the operation of vessels or boats upon the waters of this state shall be enforceable by, in addition to game wardens, agents of the Georgia Bureau of Investigation and other persons having responsibility to preserve the peace and enforce the laws of this state. Such persons shall have the authority to order any vessel or boat within the boundaries of this state to stop and lay to and shall have the authority to board, inspect, and examine the vessel or boat, its equipment, the wildlife on board, if any, and such documents, licenses, or other records which the vessel or boat is required to possess under this title and Code Sections
52-7-1
through
52-7-25
for the purpose of determining compliance with the provisions of such laws.
Amended by 2019 Ga. Laws 264,§ 7, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-1 — 27-1-39) › Section 27-1-25 - Interference with arrest or performance of game warden's duties

It shall be unlawful for any person to resist or interfere by force, menace, threat, or in any other manner with any arrest for violation of any wildlife law. It shall also be unlawful for any person to refuse to go with a game warden or deputy game warden after such an arrest has been made or to interfere with such warden in the performance of his duty.
Amended by 2019 Ga. Laws 264,§ 7, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-1 — 27-1-39) › Section 27-1-25.1 - Failure or refusal to bring motor vehicle or boat to a stop when ordered to do so

It shall be unlawful for any person operating any motor vehicle or power boat to fail or refuse to bring such vehicle or boat to a stop, or otherwise to flee or attempt to elude a pursuing peace officer who is in uniform, who prominently displays his badge of office, and who is authorized to enforce this title, when given a visible or audible signal to bring such vehicle or boat to a stop. An officer may give such visible or audible signal by use of his hand or voice or by use of an emergency light or siren.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-1 — 27-1-39) › Section 27-1-27 - Damaging or destroying department property

It shall be unlawful for any person to take, damage, or destroy any wildlife, equipment, gate, building, or other property belonging to or under the custody and control of the department or any of its employees or agents.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-1 — 27-1-39) › Section 27-1-28 - Taking of nongame species

(a)
Except as otherwise provided by law, rule, or regulation, it shall be unlawful to hunt, trap, fish, take, possess, or transport any nongame species of wildlife, except that the following species may be taken by any method except those specifically prohibited by law or regulation:
(1)
Rats;
(2)
Mice;
(3)
Coyotes;
(4)
Armadillos;
(5)
Groundhogs;
(6)
Beaver;
(7)
Fresh-water turtles;
(8)
Poisonous snakes;
(9)
Frogs;
(10)
Spring lizards;
(11)
Fiddler crabs;
(12)
Fresh-water crayfish;
(13)
Fresh-water mussels; and
(14)
Nutria.
(b)
The nongame species enumerated in subsection (a) of this Code section may be taken by any method except those specifically prohibited by law or regulation.
(c)
Nothing in this Code section shall be construed to authorize the taking of any species which is protected under the federal Endangered Species Act of 1973, P.L. 93-205, as amended, or under any state law which has as its purpose the protection of endangered or threatened species.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-1 — 27-1-39) › Section 27-1-29 - Sale or purchase of game

Except as otherwise specifically provided, it shall be unlawful for any person in this state to sell or to purchase any game species or parts thereof, provided that authorized personnel of the department and of any federal agency may buy or sell such game species or parts thereof for the sole purpose of obtaining evidence of violations of the wildlife laws and regulations.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-1 — 27-1-39) › Section 27-1-30 - Disturbing or destroying wildlife habitats

Except as otherwise provided by law or regulation, it shall be unlawful to disturb, mutilate, or destroy the dens, holes, or homes of any wildlife; to blind wildlife with lights; or to use explosives, chemicals, electrical or mechanical devices, or smokers of any kind in order to drive such wildlife out of such habitats.
Amended by 2014 Ga. Laws 557,§ 1, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-1 — 27-1-39) › Section 27-1-31 - Unlawful possession or use of wildlife; unlawful concealment

(a)
It shall be unlawful for any person to make use of or possess any wildlife or parts thereof which he knows or reasonably should have known have been taken or possessed contrary to any of the wildlife laws, rules, and regulations.
(b)
It shall also be unlawful for any person to conceal the taking or possessing of wildlife by himself or any other person, whether by accident or otherwise, if the person concealing the taking or possessing knows or reasonably should have known that the wildlife has been taken or possessed illegally.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-1 — 27-1-39) › Section 27-1-32 - Hiring of another to take wildlife contrary to law

It shall be unlawful for any person to hire another to take or possess wildlife in violation of the wildlife laws, rules, and regulations.