GA Code § 38-2-10 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 1 - State Militia Generally|Part 1 - General Provisions|§ 38-2-10. Use of National Guard in Drug Law Enforcement, Provision of Medical Care in Medically Underserved Areas, and for Youth Opportunity Training Programs

  In addition to any other authority provided by the Constitution and laws of this state, the Governor, as commander-in-chief of the organized militia of this state and in accordance with 32 U.S.C. Section 112, may:   Authorize or direct the Georgia National Guard to assist and support federal, state, and local law enforcement agencies in drug interdiction, counterdrug activities, and drug demand reduction;   Order or direct that properly licensed medical personnel of the Georgia National Guard provide medical care to civilians in medically underserved areas of this state under such terms and conditions as the Governor, in consultation with the commissioner of public health, shall determine appropriate, subject to any applicable laws and regulations of the United States; or   Order or direct that the Georgia National Guard apply for and use federal funds to provide training, education, and other benefits to civilians in accordance with any federal laws or regulations authorizing National Guard participation.       Whenever the Governor assigns duty to the adjutant general under this Code section, the adjutant general shall have the authority:   To provide assistance to federal, state, and local law enforcement agencies upon request, including the use of military equipment and facilities, transportation, surveillance, drug seizure and destruction, language translation, and such other assistance as may be necessary and within the authority of the requesting law enforcement agency; provided, however, that where federal equipment is to be used, the adjutant general shall verify that the federal government has made such equipment available for use by the state; provided, further, that National Guard members involved in such activities are subject to the directions of the requesting law enforcement agency through the National Guard chain of command;   To consult with appropriate state agencies concerning youth opportunity training programs and, in connection therewith, to establish a program utilizing National Guard facilities, the National Guard, and Department of Defense personnel to provide military-based training and other benefits to civilian youth pursuant to agreement with the federal government or otherwise;   To establish a drug demand reduction program in which National Guard personnel and their families participate in programs designed to discourage drug use; and   To provide medical care in medically underserved areas in accordance with directions of the Governor.     To enter into agreements and do all things necessary or incidental to the performance of any such duty authorized in paragraph (1) of this subsection, including the execution of memoranda of agreement for assistance to federal, state, and local law enforcement agencies, the execution of grant agreements with the federal government, and the execution of other contracts and agreements.       (Code 1981, §38-2-10, enacted by Ga. L. 1994, p. 655, § 1; Ga. L. 2009, p. 453, § 1-6/HB 228; Ga. L. 2011, p. 705, § 6-5/HB 214.)   Law reviews.   - For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).   OPINIONS OF THE ATTORNEY GENERAL    National Guard is eligible to share in proceeds of drug-related forfeitures  with respect to statutorily authorized activities. 1995 Op. Att'y Gen. No. 95-29.   National Guard is eligible to share in proceeds of drug-related forfeitures.    - Even under the new Georgia Uniform Civil Forfeiture Procedure Act, O.C.G.A. § 9-16-1 et seq., the analysis of whether the Georgia National Guard may be designated as a "law enforcement agency" for purposes of sharing in proceeds of drug related property forfeitures made available under federal and state law remains unchanged; thus, the Georgia National Guard is a law enforcement agency eligible to share in proceeds of drug related forfeitures. 2018 Op. Att'y Gen. No. 18-2.