reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 2 - ORGANIZED MILITIA (§§ 38-2-20 — 38-2-32) › Section 38-2-32 - Responsibility for military property or funds; bond; pay deductions for lost or damaged equipment; action by Attorney General to recover damages

(a)
Military property of the state and of the United States shall be issued, safeguarded, maintained, accounted for, inventoried, inspected, surveyed, and disposed of as provided in applicable laws of the United States, regulations issued thereunder, and regulations issued pursuant to this chapter.
(b)
Every officer of the organized militia responsible for military property or funds of the state or of the United States shall give bond with good and sufficient security to the state in such amount as shall be determined and approved by the adjutant general, conditioned upon the safekeeping, proper use and care, and prompt surrender of the property or funds for which the officer may be properly responsible. The premiums for such bonds are to be paid from the funds of the Military Division, Department of Defense.
(c)
When military property is lost, damaged, or destroyed through the negligence or fault of a member of the organized militia, the amount determined as the value of the property or the cost of repairing the same may be collected from any pay or allowance due or to become due him from the state.
(d)
An action may be maintained in the name of the state in any court having jurisdiction thereof by the Attorney General upon the request of the adjutant general to recover from a member or former member of the organized militia found responsible for military property lost, damaged, or destroyed through his negligence or fault, the amount determined as the value of the property or the cost of repairing the same.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 3 - STATE DEFENSE FORCE (§§ 38-2-50 — 38-2-55) › Section 38-2-50 - Creation or disbandment; organization and administration; commander

The State Defense Force may be created, established, maintained, or disbanded by the Governor at any time when such action is authorized under federal law. It shall be organized, armed, equipped, disciplined, governed, administered, and trained as prescribed by this chapter and the regulations issued thereunder, in conformance with the laws of the United States. Whenever such a state force shall be organized, it shall be commanded by a brigadier general.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 3 - STATE DEFENSE FORCE (§§ 38-2-50 — 38-2-55) › Section 38-2-51 - Authority of Governor

(a)
In order to conform the organization of the State Defense Force to the organization of such state military forces as may be prescribed by the laws of the United States and regulations issued thereunder, the Governor may organize, activate, increase, change, divide, consolidate, disband, reactivate, or reorganize any unit, headquarters, staff, or cadre of the State Defense Force and may prescribe the composition and types of units, the type of organization, and the system of drill or instruction to be used in training such units.
(b)
For the purposes set forth in subsection (a) of this Code section, the Governor is authorized to fix, increase, or decrease the strength of any unit, headquarters, staff, or cadre of the State Defense Force, including the number of commissioned officers, warrant officers, noncommissioned officers, and other enlisted personnel of any grade in any such unit, headquarters, staff, or cadre, and to alter the grades of officers, warrant officers, and noncommissioned officers.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 3 - STATE DEFENSE FORCE (§§ 38-2-50 — 38-2-55) › Section 38-2-52 - Detail of officers from retired and reserve lists and National Guard to State Defense Force

(a)
Upon the recommendation of the adjutant general, the Governor may order any officer on the state reserve list or on the state retired list to active duty with the State Defense Force, in which case the officer shall rank in his grade from the date of the order. The officer may be relieved from active duty and may be returned to the reserve list or retired list in the discretion of the Governor.
(b)
Upon the recommendation of the adjutant general, the Governor may detail in his grade any commissioned or warrant officer in the Georgia National Guard, in addition to his other duties, to duty with the State Defense Force or any unit, headquarters, staff, or cadre thereof; and the officer may be relieved from such detail in the discretion of the Governor.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 3 - STATE DEFENSE FORCE (§§ 38-2-50 — 38-2-55) › Section 38-2-53 - Detail of National Guard enlisted personnel to State Defense Force

Enlisted persons of the Georgia National Guard may be detailed by the adjutant general to duty with the State Defense Force or any unit, headquarters, staff, or cadre thereof; and such persons may be relieved from such detail in the discretion of the adjutant general.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 3 - STATE DEFENSE FORCE (§§ 38-2-50 — 38-2-55) › Section 38-2-54 - Duties, privileges, and immunities

All duties imposed by the military law or other statutes of the state or by regulations issued thereunder upon units, commissioned officers, warrant officers, and enlisted personnel of the organized militia are imposed upon the units, commissioned officers, warrant officers, and enlisted personnel, respectively, of the State Defense Force. All rights, privileges, and immunities conferred by the military law or other statutes of the state or by regulations issued thereunder upon the units, commissioned officers, warrant officers, and enlisted personnel of the Georgia National Guard or of the organized militia are conferred upon the units, commissioned officers, warrant officers, and enlisted personnel, respectively, of the State Defense Force except as otherwise prescribed in this chapter. Such rights, privileges, and immunities include relief from civil or criminal liability for acts done while on duty; rights to pay, allowances, and other compensation; expenses and subsistence; arms, uniforms, and equipment; provision, maintenance, use, and control of armories; eligibility to appointment on the military staff of the Governor; exemption from civil process and from jury duty; right of way; right to wear the uniform and to parade with firearms; and all other rights, privileges, and immunities created by statute or custom not hereinbefore specifically enumerated.
Amended by 2015 Ga. Laws 52,§ 1, eff. 7/1/2015.
Amended by 2002 Ga. Laws 933, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 3 - STATE DEFENSE FORCE (§§ 38-2-50 — 38-2-55) › Section 38-2-55 - Use and operation of state property

Serving members of the State Defense Force are authorized to use and operate state property of the Georgia Department of Defense and other state agencies, including without limitation vehicles, as may be necessary for the accomplishment of training and fulfillment of assigned missions; provided, however, that the use of such property shall not be allowed if such use will interfere with the function and training of the National Guard or any state agency.
Added by 2003 Ga. Laws 250, § 1, eff. 6/3/2003.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 4 - UNORGANIZED MILITIA (§§ 38-2-70 — 38-2-73) › Section 38-2-70 - Organizations from unorganized militia; applicable regulations; enlistment and volunteers

To the extent permitted by the Constitution and laws of the United States, the Governor may:
(1)
Order into active state service, recognize existing, or authorize the establishment of organizations of the unorganized militia, of designated classes thereof, or of volunteers therefor, as he may deem to be for the public interest;
(2)
Prescribe for those organizations enumerated in paragraph (1) of this Code section such parts of the regulations governing the organized militia as may be applicable thereto or establish such regulations therefor, or both, as he may deem proper; and
(3)
Provide for the separate organization of the unorganized militia and authorize the enlistment in such organizations of persons volunteering for such service who are not otherwise subject to military duty under Code Section
38-2-3
.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 4 - UNORGANIZED MILITIA (§§ 38-2-70 — 38-2-73) › Section 38-2-71 - Registration of members of unorganized militia

Whenever he shall deem it necessary, the Governor may direct the members of the unorganized militia to present themselves for and submit to registration at such time and place and in such manner as may be prescribed by regulations issued pursuant to Code Section
38-2-110
.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 4 - UNORGANIZED MILITIA (§§ 38-2-70 — 38-2-73) › Section 38-2-72 - Volunteers or draftees from unorganized militia serving in organized militia; draft of unorganized militia; compensation and duration of duty

(a)
Whenever it is necessary in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence, or imminent danger thereof, or whenever it is necessary to maintain the organized militia or any force thereof at the number required for public safety or prescribed by the laws of the United States, the Governor may call for and accept from the unorganized militia as many volunteers as are required for service in the organized militia or he may direct the members of the unorganized militia or such of them as may be necessary to be drafted into the organized militia or any force thereof.
(b)
Whenever it is necessary in time of war or in case of invasion, disaster, or other like emergency, or imminent danger thereof, the Governor may direct the members of the unorganized militia or such of them as may be necessary to be drafted under such regulations as he may prescribe into the active service of the state and to serve as directed by him.
(c)
Whenever members of the unorganized militia are drafted into the active service of the state, they shall serve for such period as the Governor may direct, not to exceed the duration of the emergency for which they may be drafted. The compensation of all members of the unorganized militia, while on duty or assembled pursuant to this Code section, shall be paid in the manner prescribed by Code Section
38-2-250
.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 4 - UNORGANIZED MILITIA (§§ 38-2-70 — 38-2-73) › Section 38-2-73 - Failure to appear for registration or draft; penalty

(a)
It shall be unlawful for any member of the unorganized militia who is ordered to register or to be drafted under Code Sections
38-2-71
and
38-2-72
to fail to appear at the time and place designated in such order.
(b)
Any person who commits the offense described in subsection (a) of this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 5 - MILITARY RELATIONS WITH OTHER STATES (§§ 38-2-90 — 38-2-93) › Section 38-2-90 - Service outside state; application of state military law to such service

(a)
The Governor may order the organized militia or any part thereof to serve outside the borders of the state or of the United States in order to perform military duty of every description; to participate in parades, reviews, cruises, conferences, encampments, maneuvers, or other training; to participate in small arms and other military competitions; and to attend service schools.
(b)
This chapter shall apply to the members of the organized militia while serving outside the state and while going to and returning from such service outside the state in like manner and to the same extent as while serving within the state.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 5 - MILITARY RELATIONS WITH OTHER STATES (§§ 38-2-90 — 38-2-93) › Section 38-2-91 - Rendering assistance to another state's armed forces; Governor's request and recall; requesting assistance for this state

(a)
Upon the request of the governor of another state, the Governor in his discretion may order all or any portion of the organized militia to assist the military or police forces of the other state who are actually engaged in defending the other state. Such forces may be recalled by the Governor at his discretion.
(b)
The Governor in his discretion may request the governor of another state to order all or any portion of the organized militia of the other state to assist the military or police forces of this state who are actually engaged in defending this state.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 5 - MILITARY RELATIONS WITH OTHER STATES (§§ 38-2-90 — 38-2-93) › Section 38-2-92 - Fresh pursuit into or beyond state; surrender; surrender not waiver of extradition

(a)
Any organization, unit, or detachment of the organized militia, upon order of the officer in immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs, enemies, or enemy forces beyond the borders of this state into another state until they are apprehended or captured by the militia organization, unit, or detachment or until the military forces of the other state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons; provided, however, that the other state shall have given authority by law for the pursuit by the forces of this state. Any such persons who shall be apprehended or captured in the other state by an organization, unit, or detachment of the forces of this state shall, without unnecessary delay, be surrendered to the military or police forces of the state in which they are taken or to the United States; but the surrender shall not constitute a waiver by this state of its right to extradite or prosecute the persons for any crime committed in this state.
(b)
Any military forces or organization, unit, or detachment thereof of another state which is in fresh pursuit of insurrectionists, saboteurs, enemies, or enemy forces may continue such pursuit into this state until the military or police forces of this state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons and are authorized to arrest or capture the persons within this state while in fresh pursuit. Any such persons who shall be captured or arrested by the military forces of the other state while in this state shall, without unnecessary delay, be surrendered to the military or police forces of this state to be dealt with according to law. This Code section shall not be construed so as to make lawful any arrest in this state which would otherwise be unlawful.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 5 - MILITARY RELATIONS WITH OTHER STATES (§§ 38-2-90 — 38-2-93) › Section 38-2-93 - Compacts for military aid authorized

(a)
The Governor is authorized to enter into, amend, supplement, and implement agreements or compacts with the executive authorities of other states providing for mutual military aid and matters incidental thereto, in case of invasion or other hostile action, disaster, insurrection, or imminent danger thereof.
(b)
The agreements or compacts may include but shall not be limited to provisions for joint military action against a common enemy; for the protection of bridges, tunnels, ferries, pipelines, communication facilities, and other vital installations, plants, and facilities; for the military support of emergency management agencies; for the fresh pursuit, by the organized militia or military forces or any part thereof of a state into the jurisdiction of any other state, of persons acting or appearing to act in the interest of an enemy government or seeking or appearing to seek to overthrow unlawfully the government of the United States or any state; for the powers, duties, rights, privileges, and immunities of the members of the organized militia or military forces of any state while so engaged outside their own jurisdiction; for such other matters as are of military nature, or incidental thereto, and which the Governor may deem necessary or proper to promote the health, safety, defense, and welfare of the people of this state; and for the allocation of all costs and expenses arising from the planning and operation of the agreements or compacts.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 2 - MILITARY ADMINISTRATION (§§ 38-2-110 — 38-2-195) › Part 1 - COMMANDER IN CHIEF AND STAFF (§§ 38-2-110 — 38-2-112) › Section 38-2-110 - Governor as militia commander in chief; issuance and effect of regulations

The Governor shall be the commander in chief of the militia of the state. The Governor is authorized to issue regulations for the government of the militia. Regulations issued by the Governor shall have the same force and effect as this chapter, but they shall conform to the laws and regulations of the United States relating to the organization, discipline, and training of the militia; to this chapter; and, as nearly as practicable, to the laws and regulations governing the army, navy, and air force of the United States. The rules and regulations in force on February 2, 1955, not inconsistent with this chapter, shall remain in force until new rules and regulations are approved and promulgated.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 2 - MILITARY ADMINISTRATION (§§ 38-2-110 — 38-2-195) › Part 1 - COMMANDER IN CHIEF AND STAFF (§§ 38-2-110 — 38-2-112) › Section 38-2-111 - Personal aides-de-camp; appointment; commissions; length of service; duties

(a)
The Governor may appoint one or more persons each year with the honorary title of Georgia Colonel. The selection of such persons shall be based on distinguished service to the State of Georgia and shall be without regard to previous military service, sex, or age limit. Georgia Colonel appointments shall be for the lifetime of the honoree.
(b)
The General Assembly may designate through joint resolution one or more persons each year with the honorary title of Georgia Lieutenant Colonel. The selection of such persons shall be based on noteworthy contributions to the designee's community and shall be without regard to previous military service, sex, or age limit. Georgia Lieutenant Colonel designations shall be for the lifetime of the honoree.
Amended by 2024 Ga. Laws 608,§ 1, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 2 - MILITARY ADMINISTRATION (§§ 38-2-110 — 38-2-195) › Part 1 - COMMANDER IN CHIEF AND STAFF (§§ 38-2-110 — 38-2-112) › Section 38-2-112 - Naval advisor and aide-de-camp; requirements; length of service

The Governor shall appoint a naval advisor and aide-de-camp, with the rank of captain. No person shall be eligible to hold the office of naval advisor unless he has held a commission in the United States naval service of the rank of lieutenant commander or above and has served not less than two years therein. The naval advisor shall perform such services and duties as the Governor may require, and his commission shall expire with the expiration of the term of the Governor making the appointment.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 2 - MILITARY ADMINISTRATION (§§ 38-2-110 — 38-2-195) › Part 2 - DEPARTMENT OF DEFENSE (§§ 38-2-130 — 38-2-132) › Section 38-2-130 - Creation; executive head; definition

There shall be an agency of the state government to be known as the Department of Defense of the State of Georgia which shall be composed of the military agency as provided in the laws of this state. The adjutant general shall be the executive head of the Department of Defense.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 2 - MILITARY ADMINISTRATION (§§ 38-2-110 — 38-2-195) › Part 2 - DEPARTMENT OF DEFENSE (§§ 38-2-130 — 38-2-132) › Section 38-2-131 - Military division authorized; executive head; definition

There shall be within the Department of Defense, as a division thereof, a state military agency which shall be styled and known as the "Military Division, Department of Defense" with the adjutant general as the executive head thereof.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 2 - MILITARY ADMINISTRATION (§§ 38-2-110 — 38-2-195) › Part 2 - DEPARTMENT OF DEFENSE (§§ 38-2-130 — 38-2-132) › Section 38-2-132 - Administration of militia and Department of Defense; personnel; State Personnel Board

The militia of the state shall be commanded and its affairs administered pursuant to law by the Governor, as commander in chief, through the Department of Defense and the military division thereof which shall consist of the adjutant general, two assistant adjutants general, and such other officers, enlisted personnel, and civilian employees as the adjutant general shall from time to time prescribe; provided, however, that nothing in this Code section shall be construed to prejudice the status under the rules of the State Personnel Board of any person employed in the Military Division, Department of Defense. Such other officers, enlisted personnel, and civilian employees shall perform such duties as may be required by the adjutant general who shall fix their compensation subject to the rules of the State Personnel Board.
Amended by 2012 Ga. Laws 630,§ 2-60, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 1, eff. 5/5/2009.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 2 - MILITARY ADMINISTRATION (§§ 38-2-110 — 38-2-195) › Part 3 - ADJUTANT GENERAL AND OTHER EXECUTIVES (§§ 38-2-150 — 38-2-153) › Section 38-2-150 - Adjutant general - Eligibility; appointment; compensation; bond

There shall be an adjutant general of the state who shall be appointed by the Governor for a term concurrent with the term of the Governor appointing such person and who shall serve as such at the pleasure of the Governor. The adjutant general shall have not less than the rank of a major general, the specific rank to be determined by the Governor. The adjutant general shall not be less than 30 nor more than 65 years of age. No person shall be eligible to hold the office of adjutant general unless he or she holds or has held a commission of at least the rank of field grade or the equivalent in the organized militia of the state, in the armed forces of the United States, or in a reserve component thereof and shall have served not less than five years in one or more of such services at the time of his or her appointment. The adjutant general shall receive the pay and allowances for his or her rank as provided by law for an officer of equivalent rank in the regular armed forces of the United States. The Governor shall require the adjutant general to give bond to the state, conditioned on the faithful discharge of the duties of the office, in the sum of $10,000.00 with good and sufficient security, to be approved by the Governor. Notwithstanding any other provisions of law, the adjutant general shall not be subject to the provisions of subsection (e) of Code Section
38-2-279
, relating to pay for 18 days' absence and emergency pay.
Amended by 2001 Ga. Laws 8, § 1, eff. 3/9/2001.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 2 - MILITARY ADMINISTRATION (§§ 38-2-110 — 38-2-195) › Part 3 - ADJUTANT GENERAL AND OTHER EXECUTIVES (§§ 38-2-150 — 38-2-153) › Section 38-2-151 - Adjutant general - Duties; records; seal; effect of seal on documentary evidence

(a)
The adjutant general shall be chief of staff to the Governor and subordinate only to the Governor in matters pertaining to the Department of Defense and the military and naval affairs of the state.
(b)
Whenever the Governor and those who would act in succession to him or her under the Constitution and laws of the state are unable to perform the duties of commander in chief, the adjutant general shall command the militia.
(c)
It shall be the duty of the adjutant general:
(1)
To direct the planning and employment of the forces of the organized militia in carrying out their state military mission;
(2)
To establish unified command of state forces whenever they are jointly engaged; and
(3)
To coordinate the military and naval affairs with the emergency management agency of the state.
(d)
The adjutant general shall:
(1)
Be custodian of all military records and shall keep the same indexed and available for ready reference;
(2)
Keep an itemized account of all moneys received and disbursed from all sources; and
(3)
Make an annual report to the Governor on the condition of the organized militia and such other matters relating to the Military Division, Department of Defense as the adjutant general shall deem expedient.
(e)
The adjutant general shall further perform such duties pertaining to the office as from time to time may be provided by the laws, rules, and regulations of the United States and such as may be designated by the Governor.
(f)
The adjutant general shall have a seal of office approved by the Governor, and all copies and papers in the Military Division, Department of Defense which are duly certified and authenticated under the seal shall be evidence in like manner as if the original were produced.
Amended by 2024 Ga. Laws 416,§ 1, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 2 - MILITARY ADMINISTRATION (§§ 38-2-110 — 38-2-195) › Part 3 - ADJUTANT GENERAL AND OTHER EXECUTIVES (§§ 38-2-150 — 38-2-153) › Section 38-2-152 - Assistant adjutants general; eligibility; appointment; duties; compensation; tenure

(a)
The Governor shall appoint an assistant adjutant general for army and an assistant adjutant general for air to assist the adjutant general in the discharge and performance of his or her duties. Each of the assistant adjutants general, at the time of appointment, shall be a federally recognized officer with the rank of lieutenant colonel or higher. An officer who has retired or resigned from the Georgia National Guard or any other component of the Army or Air Force shall be eligible for appointment as assistant adjutant general for army or air; provided, however, that the officer shall have served in a federally recognized status in the active Army or Air National Guard or any other component of the Army or Air Force, as appropriate, and attained the rank of lieutenant colonel or higher; and provided, further, that the appointment of the officer shall be within five years after the date of his or her retirement or resignation and prior to his or her attaining age 60. Each of the assistant adjutants general shall have the rank of not less than brigadier general, the specific rank to be determined by the Governor. Each of the officers shall receive the pay and allowances for his or her rank as provided by law for an officer of equivalent rank in the regular armed forces of the United States. In the event of a vacancy in the office of the adjutant general, and until his or her successor is appointed and qualified as provided by law, the assistant adjutant general who is senior in rank shall perform the duties required of the adjutant general in connection with the military division, as provided by law. Assistant adjutants general shall hold no other state office, and they shall serve at the pleasure of the Governor.
(b)
The adjutant general may appoint, designate, or detail officers of the National Guard as deputy assistant adjutants general for army and for air who shall perform the military duties assigned by the adjutant general. Deputy assistant adjutants general shall be of field grade or general officer rank, the specific rank to be determined by the adjutant general. Deputy assistant adjutants general shall serve at the pleasure of the adjutant general.
Amended by 2012 Ga. Laws 533,§ 1, eff. 4/11/2012.
Amended by 2004 Ga. Laws 447, § 1, eff. 4/29/2004.
Amended by 2001 Ga. Laws 8.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 2 - MILITARY ADMINISTRATION (§§ 38-2-110 — 38-2-195) › Part 3 - ADJUTANT GENERAL AND OTHER EXECUTIVES (§§ 38-2-150 — 38-2-153) › Section 38-2-153 - State property and fiscal officer; appointment; duties; reports; bonds; compensation

The adjutant general may appoint, designate, or detail, subject to the approval of the Governor, a person as the state property and fiscal officer, who shall, under the authority of the adjutant general, have charge of, issue, and be accountable for all state military property and shall make such property returns and reports of the same as the adjutant general may direct. He or she shall be under bond to the state for such amount as the Governor may deem necessary. The adjutant general shall fix the compensation of the state property and fiscal officer.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 2 - MILITARY ADMINISTRATION (§§ 38-2-110 — 38-2-195) › Part 4 - APPROPRIATIONS, FINANCE, AND ACQUISITION OF PROPERTY (§§ 38-2-170 — 38-2-177) › Section 38-2-170 - Military appropriations; military fund created; use of military funds

The General Assembly shall appropriate from time to time a sufficient sum of money, based on estimates and recommendations made by the adjutant general and approved by the Governor, for the purpose of paying the expenses incident to carrying out this chapter. All money so appropriated by the General Assembly shall continue and be kept in the state treasury as a separate fund to be known as the "military fund." None of the moneys placed in the military fund shall be converted into the general fund of the state treasury, and no part of the military fund shall be used for any purpose except as shall be authorized by law.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 2 - MILITARY ADMINISTRATION (§§ 38-2-110 — 38-2-195) › Part 4 - APPROPRIATIONS, FINANCE, AND ACQUISITION OF PROPERTY (§§ 38-2-170 — 38-2-177) › Section 38-2-171 - Appropriations for units of organized militia; apportionment by adjutant general

Out of the funds appropriated for the military fund the adjutant general, in his discretion, may allocate to the units of the organized militia moneys for rental, maintenance, and utility expense of unit facilities and for the welfare of the members of the units. The expenditure of the funds shall be in accordance with regulations issued pursuant to this chapter.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 2 - MILITARY ADMINISTRATION (§§ 38-2-110 — 38-2-195) › Part 4 - APPROPRIATIONS, FINANCE, AND ACQUISITION OF PROPERTY (§§ 38-2-170 — 38-2-177) › Section 38-2-172 - Transfer of funds in emergency; funds used in event of invasion

(a)
When the available funds are not sufficient for the purpose of paying the expenses incident to carrying out this chapter, the Governor may transfer from any available fund in the state treasury such sum as may be necessary to meet such emergency, and the moneys so transferred shall be repaid to the fund from which transferred when moneys become available for that purpose by legislative appropriation or otherwise.
(b)
In the event of invasion of the state by land, sea, or air, the funds referred to in Article III, Section IX, Paragraph VI(b) of the Constitution of this state may be utilized on the executive order of the Governor for defense purposes.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 2 - MILITARY ADMINISTRATION (§§ 38-2-110 — 38-2-195) › Part 4 - APPROPRIATIONS, FINANCE, AND ACQUISITION OF PROPERTY (§§ 38-2-170 — 38-2-177) › Section 38-2-173 - Governor authorized to borrow money

When there is no state appropriation or funds available for the purpose of paying the expenses incident to carrying out the provisions of this chapter having reference to repelling an invasion, suppressing an insurrection, or defending the state in time of war, as authorized by Article VII, Section IV, Paragraphs I and VI of the Constitution of this state, the Governor may borrow money for such purpose in such sum or sums as may from time to time be required; and any such loans so obtained shall be promptly repaid out of the first funds that become available for such use.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 2 - MILITARY ADMINISTRATION (§§ 38-2-110 — 38-2-195) › Part 4 - APPROPRIATIONS, FINANCE, AND ACQUISITION OF PROPERTY (§§ 38-2-170 — 38-2-177) › Section 38-2-174 - Governor authorized to accept donations for organized militia

The Governor, in his discretion, may accept donations of money and property, both real and personal, to be used for military purposes by the organized militia under such conditions as the donor may designate.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 2 - MILITARY ADMINISTRATION (§§ 38-2-110 — 38-2-195) › Part 4 - APPROPRIATIONS, FINANCE, AND ACQUISITION OF PROPERTY (§§ 38-2-170 — 38-2-177) › Section 38-2-175 - Governor authorized to obtain all federal appropriations, property, and equipment

The Governor may initiate and take such action as he may deem proper to obtain all appropriations, property, and equipment as may be provided by the United States for the use, training, equipping, or benefit of the organized militia.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 2 - MILITARY ADMINISTRATION (§§ 38-2-110 — 38-2-195) › Part 4 - APPROPRIATIONS, FINANCE, AND ACQUISITION OF PROPERTY (§§ 38-2-170 — 38-2-177) › Section 38-2-176 - Appropriations of money or property by counties or municipal corporations for local military units

The governing authorities of the counties and municipal corporations of the state are authorized to make appropriations from the funds of such counties and municipal corporations and to donate property, both real and personal, of the counties and municipal corporations for the support and maintenance of local forces of the organized militia as, in their discretion, they may deem meet and proper. A force of the organized militia shall be deemed to be a local force although its headquarters may be located in a county adjoining the county or adjoining the county in which the municipal corporation may be located, the governing authority of which desires to make any such appropriations, provided that a substantial number of its personnel are residents of such county or municipal corporation.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 2 - MILITARY ADMINISTRATION (§§ 38-2-110 — 38-2-195) › Part 5 - ARMORIES AND OTHER FACILITIES (§§ 38-2-190 — 38-2-195) › Section 38-2-190 - Definitions

As used in this part, the term:
(1)
"Armory" means any building, buildings, aircraft hangars, offices, quarters, or other facilities and real property provided for and devoted to the training and housing of the organized militia.
(2)
"Maintenance facilities" means shops, centers, and other facilities, including storage facilities located within such maintenance facilities, except minor maintenance facilities located within the armories proper, which are utilized for the purpose of maintaining and repairing federal or state property.
(3)
"Range" means all outdoor areas including buildings and other facilities thereon owned, leased, or otherwise operated by the state for training and competition of the organized militia in weapons firing but shall not include small bore ranges installed within armories or other facilities.
(4)
"Storage facilities" means all buildings, warehouses, depots, and other facilities utilized wholly for storage of federal or state property but shall not include unit supply facilities located within armories nor storage facilities in maintenance facilities.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 2 - MILITARY ADMINISTRATION (§§ 38-2-110 — 38-2-195) › Part 5 - ARMORIES AND OTHER FACILITIES (§§ 38-2-190 — 38-2-195) › Section 38-2-191 - Construction, conversion, expansion, or alteration of armories and other facilities authorized when adjutant general deems necessary

The adjutant general, whenever he shall deem it necessary, subject to the approval of the Governor and provided funds have been appropriated and provided by the state, or by the United States, or by counties, or by municipalities in whole or jointly is authorized to construct, reconstruct, expand, convert, and alter all such facilities as defined in Code Section
38-2-190
for the use of the organized militia.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 2 - MILITARY ADMINISTRATION (§§ 38-2-110 — 38-2-195) › Part 5 - ARMORIES AND OTHER FACILITIES (§§ 38-2-190 — 38-2-195) › Section 38-2-192 - Funding, equipping, and maintenance of facilities

The equipping and maintenance of facilities defined in Code Section
38-2-190
shall be from funds appropriated and provided by the state, the United States, the counties, and municipalities, in whole or jointly, and, in the case of armories, from funds derived from rentals as set forth in Code Section
38-2-195
.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 2 - MILITARY ADMINISTRATION (§§ 38-2-110 — 38-2-195) › Part 5 - ARMORIES AND OTHER FACILITIES (§§ 38-2-190 — 38-2-195) › Section 38-2-193 - Military division authorized to accept and procure federal funds; adjutant general authorized to utilize funds for projects; recipient of federal funds

(a)
The Military Division, Department of Defense is designated as the agency of the state:
(1)
To take such steps as may be necessary to develop programs for the expenditure of federal funds and to procure the allotment of such funds as may be provided by or pursuant to any act of Congress for the construction, demolition, reconstruction, improvement, equipping, furnishing, maintenance, and operation of armories, camps, ranges, bases, or any building, structure, or facility for the organized militia; and
(2)
To execute and administer such programs and to cooperate with the federal authorities responsible therefor.
(b)
The adjutant general, subject to the approval of the Governor, is authorized and empowered to negotiate for, accept, and approve projects, proposals, contracts, and agreements for the construction, reconstruction, expansion, conversion, purchase, lease, repair, rehabilitation, improvement, equipping, furnishing, maintenance, and operation, in whole or in part with federal funds, of armories, camps, ranges, bases, or any building, structure, or facility for the organized militia.
(c)
When federal funds are made available or provided to the state either directly or by way of reimbursement for any moneys expended by the state for the construction, demolition, reconstruction, expansion, conversion, purchase, lease, repair, rehabilitation, improvement, equipping, furnishing, maintenance, and operation of any armory, camp, range, base, building, structure, or facility for the organized militia, the adjutant general is authorized to receive such funds on behalf of the state.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 2 - MILITARY ADMINISTRATION (§§ 38-2-110 — 38-2-195) › Part 5 - ARMORIES AND OTHER FACILITIES (§§ 38-2-190 — 38-2-195) › Section 38-2-194 - Control of armories and other facilities; officer in charge

All armories and other facilities defined in Code Section
38-2-190
owned, leased, or maintained by the state or by the United States for use of the organized militia and all activities conducted therein shall be under the general charge and control of the adjutant general. Unless otherwise designated by the adjutant general, the unit commander shall be the officer in charge of the armory and other facilities occupied by his unit; provided, however, that, where two or more units occupy the same armory or facility, the senior unit commander shall be the officer in charge. The officer in charge shall be directly responsible to the adjutant general for carrying out this part and regulations issued pursuant thereto.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 2 - MILITARY ADMINISTRATION (§§ 38-2-110 — 38-2-195) › Part 5 - ARMORIES AND OTHER FACILITIES (§§ 38-2-190 — 38-2-195) › Section 38-2-195 - Use of armories and other facilities

(a)
Armories and other facilities which are owned, leased, and operated by the state will not be used at any time by others when the use will interfere in any way with the functions and training of the organized militia unit or units occupying the same.
(b)
The use of armories and other facilities shall be in accordance with regulations issued pursuant to this part.
(c)
Armories and other facilities of the organized militia shall not be used for political or religious purposes, except that an armory may be used for the purpose of holding the national or state convention of a political party with the prior approval of the adjutant general.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 1 - OFFICERS (§§ 38-2-210 — 38-2-219) › Section 38-2-210 - Appointment and promotion of commissioned officers; filling of vacancies; grounds for removal

(a)
All commissioned officers of the organized militia shall be appointed and promoted by the Governor upon recommendation of the commanding general or the commanding officer of the force in which such officers are to serve, or are serving. In the filling of vacancies, preference shall be given to personnel of the organized militia of the state when they are otherwise qualified.
(b)
Commissioned officers of the organized militia may be removed in accordance with the applicable laws of the United States and the provisions of this chapter and the regulations issued thereunder.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 1 - OFFICERS (§§ 38-2-210 — 38-2-219) › Section 38-2-211 - Qualifications

(a)
No person shall be appointed or promoted as a commissioned officer of the organized militia unless he shall have passed such examination as to his physical, moral, and professional qualifications as may be prescribed by the laws of the United States and by this chapter and the regulations issued thereunder. No person shall be recognized as a commissioned officer of the organized militia and no appointment as such shall become effective until he shall have taken and subscribed an oath of office.
(b)
Any person who has been dismissed or discharged from the organized militia of this or any other state or from the armed forces of the United States or any reserve component thereof under other than honorable conditions and has not been restored to duty shall not be eligible for appointment as a commissioned officer in any force of the organized militia.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 1 - OFFICERS (§§ 38-2-210 — 38-2-219) › Section 38-2-212 - Assignment and transfer

Commissioned officers may be assigned, reassigned, transferred, or detailed to and from units within the Army National Guard, to and from units within the Air National Guard, and to and from units within the Georgia Naval Militia as prescribed by the laws of the United States and by this chapter and by the regulations issued thereunder.