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 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 11 - MISCELLANEOUS PROVISIONS (§§ 38-2-1135 — 38-2-1145) › Section 38-2-1138 - Complaints of wrongs by commanding officers

Any member of the organized militia who believes himself or herself wronged by a commanding officer and who, upon due application to that commanding officer, is refused redress may complain to the assistant adjutant general for army, the assistant adjutant general for air, or the brigadier general in charge of the State Defense Force, as applicable, who shall forward the complaint to the senior force commander over the officer against whom such complaint is made. The senior force commander shall examine into the complaint and take proper measures for redressing the wrong complained of and shall, as soon as possible, send to the adjutant general a true statement of such complaint with the proceedings had thereon. Any complaint against a senior force commander shall be made to the adjutant general who shall examine into the complaint and take proper measures for redressing the wrong complained of.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
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 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 11 - MISCELLANEOUS PROVISIONS (§§ 38-2-1135 — 38-2-1145) › Section 38-2-1138.1 - State administrative letter of reprimand

(a)
The adjutant general, assistant adjutant general for army, or assistant adjutant general for air may issue to any member under his or her authority a state administrative letter of reprimand.
(b)
A state administrative letter of reprimand shall not be filed in the member's federal personnel records unless it meets the requirements for filing under the applicable regulations or instructions of the affected member.
(c)
A state administrative letter of reprimand shall be included for consideration when determining future assignments within the state for the affected member.
(d)
The member against whom a state administrative letter of reprimand is issued shall have the same rights to review evidence and present a rebuttal as he or she would have if the state administrative letter of reprimand were to be filed in his or her federal personnel file.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
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 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 11 - MISCELLANEOUS PROVISIONS (§§ 38-2-1135 — 38-2-1145) › Section 38-2-1139 - Redress of injuries to private property; complaint; investigating board; assessment

(a)
Whenever a complaint is made to any commanding officer that willful damage has been done to the property of any person or that the person's property has been wrongfully taken by members of the organized militia, such commanding officer may, under such regulations prescribed pursuant to Part 1 of Article 2 of this chapter, convene a board to investigate the complaint. The board shall consist of from one to three commissioned officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board shall be subject to the approval of the commanding officer and, in the amount approved by such commanding officer, shall be charged against the pay of the offenders. The order of the commanding officer directing charges authorized by this Code section shall be conclusive on any disbursing officer for payment to the injured parties of the damages so assessed and approved.
(b)
If the offenders cannot be ascertained but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be made in such proportion as may be considered just upon the individual members thereof who are shown to have been present at the scene at the time the damages complained of were inflicted, as determined by the approved findings of the board.
Amended by 2017 Ga. Laws 275,§ 38, eff. 5/9/2017.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
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 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 11 - MISCELLANEOUS PROVISIONS (§§ 38-2-1135 — 38-2-1145) › Section 38-2-1140 - Delegation of authority by Governor

Except as provided in Code Section
38-2-1022
, the Governor may delegate any authority vested in the Governor under this article and provide for the subdelegation of any such authority.
Amended by 2016 Ga. Laws 625,§ 38, eff. 5/3/2016.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
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 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 11 - MISCELLANEOUS PROVISIONS (§§ 38-2-1135 — 38-2-1145) › Section 38-2-1141 - Fees and authorized travel expenses of witnesses, victims, court reporters, and interpreters

The fees and authorized travel expenses of all witnesses, experts, victims, court reporters, and interpreters, fees for the service of process, the costs of collection, apprehension, detention, and confinement, and all other necessary expenses of prosecution and the administration of military justice, not otherwise payable by any other source, shall be paid out of the military fund as described in Code Section
38-2-170
.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
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 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 11 - MISCELLANEOUS PROVISIONS (§§ 38-2-1135 — 38-2-1145) › Section 38-2-1142 - Fines for contempt; methods of collection and payment

(a)
Fines collected as a result of being found in contempt shall be collected in the following manner:
(1)
By cash or money order;
(2)
By retention of any pay or allowances due or to become due to the person fined from another state or the United States; or
(3)
By garnishment or levy, together with costs, on the wages, goods, and chattels of a person delinquent in paying a fine, as provided by law.
(b)
Any sum so received or retained shall be deposited in the military justice fund as provided in Code Section
38-2-170
.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
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 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 11 - MISCELLANEOUS PROVISIONS (§§ 38-2-1135 — 38-2-1145) › Section 38-2-1143 - Construction with the federal Uniform Code of Military Justice

This article shall be so construed as to effectuate its general purpose to make it uniform, so far as practical, with the Uniform Code of Military Justice, Chapter 47 of Title 10 of the United States Code.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
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 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 11 - MISCELLANEOUS PROVISIONS (§§ 38-2-1135 — 38-2-1145) › Section 38-2-1144 - Immunity

All persons acting under the provisions of this article, whether as a member of the military or as a civilian, shall be immune from any personal liability for any of the acts or omissions which they did or failed to do as part of their duties under this article.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
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 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 11 - MISCELLANEOUS PROVISIONS (§§ 38-2-1135 — 38-2-1145) › Section 38-2-1145 - Severability

The provisions of this article are hereby declared to be severable, and if any provision of this article or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this article.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 3 - EMERGENCY MANAGEMENT (§§ 38-3-1 — 38-3-191) › Article 1 - GENERAL PROVISIONS (§§ 38-3-1 — 38-3-7) › Section 38-3-1 - Short title

Articles 1 through 3 of this chapter may be cited as the "Georgia Emergency Management Act of 1981."
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 3 - EMERGENCY MANAGEMENT (§§ 38-3-1 — 38-3-191) › Article 1 - GENERAL PROVISIONS (§§ 38-3-1 — 38-3-7) › Section 38-3-2 - Policy and purpose

(a)
Because of the existing and increasing possibility of the occurrence of emergencies or disasters resulting from manmade or natural causes or enemy attack; in order to ensure that preparations of this state will be adequate to deal with such emergencies or disasters; generally to provide for the common defense and to protect the public peace, health, and safety; and to preserve the lives and property of the people of this state, it is found and declared to be necessary:
(1)
To create a state emergency management agency and to authorize the creation of local organizations for emergency management in the political subdivisions of the state;
(2)
To confer upon the Governor and upon the executive heads of governing bodies of the political subdivisions of the state the emergency powers provided in Articles 1 through 3 of this chapter;
(3)
To provide for the rendering of mutual aid among the political subdivisions of the state, with other states, and with the federal government with respect to the carrying out of emergency management functions; and
(4)
To authorize the establishment of such organizations and the taking of such steps as are necessary and appropriate to carry out Articles 1 through 3 of this chapter.
(b)
It is further declared to be the purpose of Articles 1 through 3 of this chapter and the policy of this state that all emergency management functions of this state be coordinated to the maximum extent with the comparable functions of the federal government, including its various departments and agencies; of other states and localities; and of private agencies of every type, to the end that the most effective preparation and use may be made of the nation's manpower, resources, and facilities for dealing with any emergency or disaster that may occur.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 3 - EMERGENCY MANAGEMENT (§§ 38-3-1 — 38-3-191) › Article 1 - GENERAL PROVISIONS (§§ 38-3-1 — 38-3-7) › Section 38-3-4 - Enforcement

The law enforcement authorities of the state and of the political subdivisions thereof shall enforce the orders, rules, and regulations issued pursuant to Articles 1 through 3 of this chapter.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 3 - EMERGENCY MANAGEMENT (§§ 38-3-1 — 38-3-191) › Article 1 - GENERAL PROVISIONS (§§ 38-3-1 — 38-3-7) › Section 38-3-5 - Injunction; who may obtain; remedy at law irrelevant

The director of emergency management or any person, corporation, firm, or association, in addition to the remedies set forth in Articles 1 through 3 of this chapter, may obtain from a court of competent jurisdiction an injunction to restrain violation of the provisions of Articles 1 through 3 of this chapter. The grant of an injunction is authorized notwithstanding the availability of adequate remedies at law.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 3 - EMERGENCY MANAGEMENT (§§ 38-3-1 — 38-3-191) › Article 1 - GENERAL PROVISIONS (§§ 38-3-1 — 38-3-7) › Section 38-3-6 - Liberality of construction

Articles 1 through 3 of this chapter shall be construed liberally in order to effectuate their purposes.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 3 - EMERGENCY MANAGEMENT (§§ 38-3-1 — 38-3-191) › Article 1 - GENERAL PROVISIONS (§§ 38-3-1 — 38-3-7) › Section 38-3-7 - Penalty for violation

Any person who violates any provision of Articles 1 through 3 of this chapter or any rule, order, or regulation made pursuant to Articles 1 through 3 of this chapter 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 3 - EMERGENCY MANAGEMENT (§§ 38-3-1 — 38-3-191) › Article 2 - ORGANIZATION AND ADMINISTRATION (§§ 38-3-20 — 38-3-38) › Section 38-3-21 - Director authorized to make rules and regulations

Subject to the approval of the Governor, the director of emergency management shall be authorized to promulgate such rules and regulations as may be required to effectuate the purposes of Articles 1 through 3 of this chapter.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 3 - EMERGENCY MANAGEMENT (§§ 38-3-1 — 38-3-191) › Article 2 - ORGANIZATION AND ADMINISTRATION (§§ 38-3-20 — 38-3-38) › Section 38-3-22.1 - Safety plan addressing threat of terrorism required of state agencies or authorities; exemptions; training and technical assistance; confidentiality of plans and related documentation

(a)
Every state agency or authority, except those exempted in subsection (b) of this Code section, shall prepare an agency safety plan to address the threat of terrorism, to respond effectively to such incidents, and to provide a safe environment for state personnel and for those citizens conducting business with state agencies. In addition to acts of terrorism, such plan shall also address preparedness for natural disasters, hazardous materials or radiological accidents, and acts of violence. The safety plans of agencies and authorities shall be prepared with input from the appropriate supervisors and rank-and-file employees and local law enforcement, fire service, public safety, and emergency management agencies. Such plans shall be reviewed internally and, if necessary, updated annually. Such plans shall be submitted to the local emergency management agency.
(b)
The Department of Public Safety, the Department of Corrections, and any other state agency which operates secured facilities shall be exempt from the requirements of subsection (a) of this Code section.
(c)
Subject to the availability of funds for such purpose, the Georgia Emergency Management and Homeland Security Agency shall provide training and technical assistance to agencies and authorities and may provide such training and technical assistance to local units of government and to critical facilities operated by the private sector. Such training and technical assistance shall include, but not be limited to, crisis response team development, site surveys and safety audits, crisis management planning, exercise design, safe school planning, emergency operations planning, search and seizure, bomb threat management, and model safety plans.
(d)
The following records shall not be subject to public inspection or disclosure under Article 4 of Chapter 18 of Title 50:
(1)
Site surveys, safety audits, and vulnerability assessments performed pursuant to subsection (a) of this Code section; and
(2)
Any other record produced pursuant to this Code section the disclosure of which would, in the determination of the director of the Georgia Emergency Management and Homeland Security Agency, endanger the life or physical safety of any person or persons or the physical safety of any public property.
Amended by 2016 Ga. Laws 335,§ 8, eff. 7/1/2016.
Added by 2004 Ga. Laws 579, § 1, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 3 - EMERGENCY MANAGEMENT (§§ 38-3-1 — 38-3-191) › Article 2 - ORGANIZATION AND ADMINISTRATION (§§ 38-3-20 — 38-3-38) › Section 38-3-22.3 - Memorandum of agreement with military commands in this state to enhance opportunities for Georgians

If the Governor makes a determination that a memorandum of agreement with one or more of the major military commands established in this state would substantially enhance the education or job placement of Georgians in the area of science, technology, engineering, math, or cyber security, he or she is authorized to enter into such an agreement, provided that any state expenditures provided for in such an agreement shall be subject to appropriations.
Added by 2021 Ga. Laws 8,§ 1, eff. 3/25/2021.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 3 - EMERGENCY MANAGEMENT (§§ 38-3-1 — 38-3-191) › Article 2 - ORGANIZATION AND ADMINISTRATION (§§ 38-3-20 — 38-3-38) › Section 38-3-23 - Investigations and surveys; subpoena power; cooperation

For the purpose of making surveys and investigations and obtaining information, except the investigation of subversive activities that are the responsibility of the Federal Bureau of Investigation, the Governor may compel by subpoena the attendance of witnesses and the production of books, papers, records, and documents of individuals, firms, associations, and corporations. All officers, boards, commissions, and departments of the state and the political subdivisions thereof having information with respect thereto shall cooperate with and assist him in making the investigations and surveys.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 3 - EMERGENCY MANAGEMENT (§§ 38-3-1 — 38-3-191) › Article 2 - ORGANIZATION AND ADMINISTRATION (§§ 38-3-20 — 38-3-38) › Section 38-3-24 - Traffic control; plans, regulations, and coordination

The Governor may formulate and execute plans and regulations for the control of traffic in order to provide for the rapid and safe movement of evacuation over public highways and streets of people, troops, or vehicles and of materials for national defense or for use in any defense industry. He may coordinate the activities of the departments or agencies of the state and of the political subdivisions thereof concerned directly or indirectly with public highways and streets in a manner which will best effectuate such plans.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 3 - EMERGENCY MANAGEMENT (§§ 38-3-1 — 38-3-191) › Article 2 - ORGANIZATION AND ADMINISTRATION (§§ 38-3-20 — 38-3-38) › Section 38-3-25 - Lease or loan of state property for national or local purposes; transfer of state personnel; local authorities empowered to utilize property

(a)
Whenever the Governor deems it to be in the public interest and notwithstanding any inconsistent provision of law, he may:
(1)
Authorize any department or agency of the state to lease or lend, on such terms and conditions as he may deem necessary to promote the public welfare and protect the interests of the state, any real or personal property of the state government to the President, the heads of the armed forces, or to the emergency management agency or officials of the United States; and
(2)
Enter into a contract on behalf of the state for the lease or loan to any political subdivision of the state, on such terms and conditions as he may deem necessary to promote the public welfare and protect the interests of the state, of any real or personal property of the state government or the temporary transfer or employment of personnel of the state government to or by any political subdivision of the state.
(b)
The mayor, chief executive, or executive body of each political subdivision of the state may, notwithstanding any inconsistent provision of law:
(1)
Enter into a contract or lease with the state, or accept any loan, or employ personnel as provided in paragraph (2) of subsection (a) of this Code section. Furthermore, the political subdivision may equip, maintain, utilize, and operate any such property and employ necessary personnel therefor in accordance with the purposes for which the agreement was executed; and
(2)
Do all things and perform any and all acts which he may deem necessary to effectuate the purpose for which the contract was entered into.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 3 - EMERGENCY MANAGEMENT (§§ 38-3-1 — 38-3-191) › Article 2 - ORGANIZATION AND ADMINISTRATION (§§ 38-3-20 — 38-3-38) › Section 38-3-28 - Authority of political subdivisions; filing of orders, rules, and regulations; effect; consideration of federal emergency management regulations

(a)
The political subdivisions of the state and other agencies designated or appointed by the Governor are authorized and empowered to make, amend, and rescind such orders, rules, and regulations as may be necessary for emergency management purposes and to supplement the carrying out of Articles 1 through 3 of this chapter, but not inconsistent with any orders, rules, or regulations promulgated by the Governor or by any state agency exercising a power delegated to it by him.
(b)
All orders, rules, and regulations promulgated by the Governor, or by any political subdivision or other agency authorized by Articles 1 through 3 of this chapter to make orders, rules, and regulations, shall have the full force and effect of law when, in the event of issuance by the Governor or any state agency, a copy thereof is filed in the office of the Secretary of State or, if promulgated by a political subdivision of the state or agency thereof, when filed in the office of the clerk of the political subdivision or agency promulgating the same. All laws, ordinances, rules, and regulations inconsistent with Articles 1 through 3 of this chapter, or of any order, rule, or regulation issued under the authority of Articles 1 through 3 of this chapter, shall be suspended during the period of time and to the extent that the conflict exists.
(c)
In order to attain uniformity so far as practicable throughout the country in measures taken to aid emergency management, all action taken under Articles 1 through 3 of this chapter and all orders, rules, and regulations made pursuant thereto shall be taken or made with due consideration to the orders, rules, regulations, actions, recommendations, and requests of federal authorities relevant thereto and, to the extent permitted by law, shall be consistent with such orders, rules, regulations, actions, recommendations, and requests.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 3 - EMERGENCY MANAGEMENT (§§ 38-3-1 — 38-3-191) › Article 2 - ORGANIZATION AND ADMINISTRATION (§§ 38-3-20 — 38-3-38) › Section 38-3-29 - Local mutual aid arrangements; out-of-state arrangements; conformity with state plan

(a)
The director of each local organization for emergency management, in collaboration with other public and private agencies within this state, may develop or cause to be developed mutual aid arrangements for reciprocal emergency management aid and assistance in case of emergency or disaster too great to be dealt with unassisted. The arrangements shall be consistent with the state emergency management plan and program, and in time of emergency it shall be the duty of each local organization for emergency management to render assistance in accordance with the mutual aid arrangements.
(b)
The director of each local organization for emergency management, subject to the approval of the Governor, may enter into mutual aid arrangements with emergency management agencies or organizations in other states for reciprocal emergency management aid and assistance in case of emergency or disaster too great to be dealt with unassisted.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 3 - EMERGENCY MANAGEMENT (§§ 38-3-1 — 38-3-191) › Article 2 - ORGANIZATION AND ADMINISTRATION (§§ 38-3-20 — 38-3-38) › Section 38-3-30 - Aid rendered by local employees to other political subdivisions; reimbursement of personnel and equipment expenses by aided locality; procedure

(a)
Whenever the employees of any political subdivision are rendering outside aid pursuant to the authority contained in Code Section
38-3-27
, the employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivisions in which they are normally employed.
(b)
The political subdivision in which any equipment is used pursuant to this Code section shall be liable for any loss or damage thereto and shall pay any expense incurred in the operation and maintenance thereof. No claim for the loss, damage, or expense shall be allowed unless, within 60 days after the same is sustained or incurred, an itemized notice of the claim under oath is served by mail or otherwise upon the chief fiscal officer of the political subdivision where the equipment was used. The political subdivision which is aided pursuant to this Code section shall also pay and reimburse the political subdivision furnishing the aid for the compensation paid to employees furnished under this Code section during the time of the rendition of the aid and shall defray the actual traveling and maintenance expenses of the employees while they are rendering the aid. The reimbursement shall include any amounts paid or due for compensation due to personal injury or death while the employees are engaged in rendering the aid. The term "employee," as used in this Code section, shall mean, and this Code section shall apply with equal effect to, paid, volunteer, and auxiliary employees and emergency management workers.
(c)
The foregoing rights, privileges, and obligations shall also apply in the event such aid is rendered outside the state, provided that payment or reimbursement in such case shall or may be made by the state or political subdivision receiving the aid pursuant to a reciprocal mutual-aid agreement or compact with the state or by the federal government.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 3 - EMERGENCY MANAGEMENT (§§ 38-3-1 — 38-3-191) › Article 2 - ORGANIZATION AND ADMINISTRATION (§§ 38-3-20 — 38-3-38) › Section 38-3-31 - Authority of state and localities to accept gifts, grants, or loans, from federal or private sources

(a)
Whenever the federal government or any agency or officer thereof offers to the state, or through the state to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of emergency management, the state, acting through the Governor, or the political subdivision acting with the consent of the Governor and through its executive officer or governing body, may accept the offer. Upon the acceptance the Governor of the state or executive officer or governing body of the political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive the service, equipment, supplies, materials, or funds on behalf of the state or the political subdivision, subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.
(b)
Whenever any person, firm, or corporation offers to the state or to any political subdivision thereof services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purpose of emergency management, the state, acting through the Governor, or the political subdivision acting through its executive officer or governing body, may accept the offer. Upon the acceptance the Governor of the state or executive officer or governing body of the political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive the services, equipment, supplies, materials, or funds on behalf of the state or the political subdivision, subject to the terms of the offer.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 3 - EMERGENCY MANAGEMENT (§§ 38-3-1 — 38-3-191) › Article 2 - ORGANIZATION AND ADMINISTRATION (§§ 38-3-20 — 38-3-38) › Section 38-3-32 - Sovereign immunity granted those who allow premises to be used for emergency management purposes; when

When any person, firm, or corporation owning or controlling any real estate or other premises authorizes and permits any emergency management agency, board, or other authority of this state or of any political subdivision of this state to use the premises without charge therefor for the purpose of sheltering persons during an actual or practice emergency or disaster as contemplated by Articles 1 through 3 of this chapter, the person, firm, or corporation, at such times and for such periods during which the premises are occupied and actually employed for purpose of emergency management, shall be clothed with the sovereign immunity of the state. No civil action shall be brought or maintained against any such person, firm, or corporation to recover damages for personal injuries or death of any person while on the premises during an actual or practice emergency, disaster, or enemy attack, or for the loss or destruction of personal property brought upon the premises by any person seeking shelter thereon during an actual or practice emergency or disaster.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 3 - EMERGENCY MANAGEMENT (§§ 38-3-1 — 38-3-191) › Article 2 - ORGANIZATION AND ADMINISTRATION (§§ 38-3-20 — 38-3-38) › Section 38-3-33 - Immunity granted those who provide equipment in emergencies

Any person, including anyone in the business of selling or leasing new or used equipment, who provides equipment to the state or to any political subdivision of the state at no cost during an emergency or disaster situation, whether or not officially declared as such, for use in meeting any exigency caused by the emergency or disaster situation shall not be liable for any civil damages as a result of any act or omission by the person in providing the equipment.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 3 - EMERGENCY MANAGEMENT (§§ 38-3-1 — 38-3-191) › Article 2 - ORGANIZATION AND ADMINISTRATION (§§ 38-3-20 — 38-3-38) › Section 38-3-34 - Emergency management personnel; qualifications; oath; who may administer

(a)
No person shall be employed or associated in any capacity in any emergency management organization established under Articles 1 through 3 of this chapter who advocates a change by force or violence in the constitutional form of the government of the United States or in this state or the overthrow of any government in the United States by force or violence; or who has been convicted of or is under indictment or accusation charging any subversive act against the United States.
(b)
Before entering upon his duties, each person who is appointed to serve in an organization for emergency management shall take an oath in writing before a person authorized to administer oaths in this state, which oath shall be substantially as follows:
"I __________________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Georgia, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.
I do further swear (or affirm) that I do not advocate, nor am I a member of any political party or organization that advocates, the overthrow of the government of the United States or of this state by force or violence; and that during such time as I am a member of the (name of emergency management organization) I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence."
(c)
For the purposes of Articles 1 through 3 of this chapter only, the executive heads of local organizations for emergency management and their duly appointed deputies and assistants are authorized to administer oaths to emergency management personnel.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 3 - EMERGENCY MANAGEMENT (§§ 38-3-1 — 38-3-191) › Article 2 - ORGANIZATION AND ADMINISTRATION (§§ 38-3-20 — 38-3-38) › Section 38-3-35 - Immunity of state and political subdivisions; of emergency management workers

(a)
Neither the state nor any political subdivision of the state, nor the agents or representatives of the state or any political subdivision thereof, shall be liable for personal injury or property damage sustained by any person appointed or acting as a volunteer emergency management worker or member of any agency engaged in emergency management activity. The foregoing shall not affect the right of any person to receive benefits or compensation to which he might otherwise be entitled under Chapter 9 of Title 34, Code Section
38-3-30
, any pension law, or any act of Congress.
(b)
Neither the state nor any political subdivision of the state nor, except in cases of willful misconduct, gross negligence, or bad faith, the employees, agents, or representatives of the state or any political subdivision thereof, nor any volunteer or auxiliary emergency management worker or member of any agency engaged in any emergency management activity complying with or reasonably attempting to comply with Articles 1 through 3 of this chapter; or any order, rule, or regulation promulgated pursuant to Articles 1 through 3 of this chapter, or pursuant to any ordinance relating to precautionary measures enacted by any political provisions of Articles 1 through 3 of this chapter, or pursuant to any ordinance relating to precautionary measures enacted by any political subdivision of the state shall be liable for the death of or the injury to person or for damage to property as a result of any such activity.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 3 - EMERGENCY MANAGEMENT (§§ 38-3-1 — 38-3-191) › Article 2 - ORGANIZATION AND ADMINISTRATION (§§ 38-3-20 — 38-3-38) › Section 38-3-36 - Director to license nongovernmental rescue organizations; exception; registration of public and private search and rescue dog teams

(a)
Except as otherwise provided by subsection (b) of this Code section, all nongovernmental rescue organizations, associations, groups, teams, search and rescue dog teams, or individuals, whether or not they are holders of a charter issued by this state or officers thereof, shall be prohibited from performing any rescue or emergency management type activity until the organization, association, group, team, search and rescue dog team, or individual has been licensed by the director of emergency management to perform the activities. It is expressly declared that Articles 1 through 3 of this chapter shall not amend, repeal, alter, or affect in any manner Code Section
51-1-29
.
(b)
Any marine rescue squadron sponsored by and operating under the direction and control of the sheriff of the county of residence of the squadron and chartered as a Marine Rescue Squadron of America, which was so chartered on January 1, 1960, or prior to that date, and which performs only water or boat safety rescue missions within this state, shall be deemed to be a governmental rescue organization within the meaning of subsection (a) of this Code section and need not be licensed by the director of emergency management as provided in the subsection.
(c)
The director of emergency management shall promulgate rules and regulations for training and licensing standards for private search and rescue dog teams. The director shall maintain a registry of public and private search and rescue dog teams operating within the state. Any public or private organization which provides rescue services in this state utilizing search and rescue dog teams shall register with the director the name and address of the organization, a 24 hour telephone number to be used for contact during emergencies, the counties in which the search and rescue dog teams provide service, the types of specialized search and rescue dog teams which are available, and such other information as the director may require by rule and regulation.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 3 - EMERGENCY MANAGEMENT (§§ 38-3-1 — 38-3-191) › Article 2 - ORGANIZATION AND ADMINISTRATION (§§ 38-3-20 — 38-3-38) › Section 38-3-37 - Prohibited actions by government official or employee during declared state of emergency

(a)
As used in this Code section, the term:
(1)
"Firearm" means any handgun, rifle, shotgun, or similar device or weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.
(2)
"License holder" shall have the same meaning as set forth in Code Section
16-11-125.1
.
(3)
"Weapon" shall have the same meaning as set forth in Code Section
16-11-125.1
.
(b)
No official or employee of the state or any political subdivision thereof, member of the National Guard in the service of the state, or any person operating pursuant to or under color of state law, while acting during or pursuant to a declared state of emergency, shall:
(1)
Temporarily or permanently seize, or authorize the seizure of, any firearm or ammunition or any component thereof the possession of which was not prohibited by law at the time immediately prior to the declaration of a state of emergency, other than as provided by the criminal or forfeiture laws of this state;
(2)
Prohibit possession of any firearm or ammunition or any component thereof or promulgate any rule, regulation, or order prohibiting possession of any firearm or ammunition or any component thereof if such possession was not otherwise prohibited by law at the time immediately prior to the declaration of a state of emergency;
(3)
Prohibit any license holder from carrying any weapon or promulgate any rule, regulation, or order prohibiting such carrying if such carrying was not otherwise prohibited by law at the time immediately prior to the declaration of a state of emergency; or
(4)
Require the registration of any firearm.
Added by 2014 Ga. Laws 604,§ 2-2, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 3 - EMERGENCY MANAGEMENT (§§ 38-3-1 — 38-3-191) › Article 2 - ORGANIZATION AND ADMINISTRATION (§§ 38-3-20 — 38-3-38) › Section 38-3-38 - Entrance upon private property by Department of Corrections personnel during state of emergency or disaster

During any state of emergency or state of disaster declared by the Governor pursuant to Code Section
38-3-51
, Department of Corrections personnel and individuals in their custody and subject to their direction shall be authorized to enter upon private property following such declaration to the extent necessary for property protection, debris removal, restoration of services, and infrastructure repair and relocation; provided, however, that such personnel and individuals shall avoid interfering with the rights of private property owners and shall vacate such private property upon request of any owner thereof.
Added by 2017 Ga. Laws 181,§ 1, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 3 - EMERGENCY MANAGEMENT (§§ 38-3-1 — 38-3-191) › Article 2A - HOMELAND SECURITY (§§ 38-3-40 — 38-3-42) › Section 38-3-40 - Definitions

As used in this article, the term:
(1)
"Board" means the Board of Homeland Security.
(2)
"Center" means the Georgia Information Sharing and Analysis Center.
(3)
"Critical infrastructure" shall have the same meaning as set forth in Code Section
16-11-220
.
(4)
"Domestic terrorism" shall have the same meaning as set forth in Code Section
16-11-220
.
(5)
"Public transportation system" shall have the same meaning as set forth in Code Section
16-11-220
.
(6)
"Serious bodily harm" shall have the same meaning as set forth in Code Section
16-11-220
.
(7)
"State or government facility" shall have the same meaning as set forth in Code Section
16-11-220
.
Added by 2018 Ga. Laws 435,§ 1-4, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 3 - EMERGENCY MANAGEMENT (§§ 38-3-1 — 38-3-191) › Article 2A - HOMELAND SECURITY (§§ 38-3-40 — 38-3-42) › Section 38-3-41 - Creation; membership; allowances

(a)
There is created a Board of Homeland Security that shall, for administrative purposes only, be attached to the Georgia Emergency Management and Homeland Security Agency.
(b)
The board shall consist of 16 members who shall be as follows:
(1)
The Governor, ex officio, who shall be chairperson of the board;
(2)
The director of emergency management and homeland security;
(3)
The director of the Georgia Bureau of Investigation;
(4)
The commissioner of public safety;
(5)
The Attorney General or his or her designee who shall be the deputy attorney general or an assistant attorney general;
(6)
The adjutant general;
(7)
The commissioner of natural resources;
(8)
The commissioner of public health;
(9)
The State School Superintendent;
(10)
The commissioner of transportation;
(11)
The Commissioner of Agriculture;
(12)
The executive director of the Georgia Technology Authority; and
(13)
Five appointees of the Governor who shall be individuals from the public or private sector who are directly involved in policy, program, security, or funding activities relevant to homeland security or infrastructure protection; provided, however, that one such appointment shall be a sheriff, one such appointment shall be a member of the Senate, one such appointment shall be a member of the House of Representatives, and one such appointment shall be a chief executive of a law enforcement agency of a county or a municipality. Such appointees under this paragraph shall serve at the pleasure of the Governor.
(c)
(1)
Any legislative members of the board who may be appointed pursuant to paragraph (13) of subsection (b) of this Code section shall receive the allowances provided for in Code Section
28-1-8
.
(2)
Members of the board who are state or local government officials, other than legislative members, or state or local government employees shall receive no compensation for their services on the board, but they may be reimbursed for expenses incurred by them in the performance of their duties as members of the board in the same manner as they are reimbursed for expenses in their capacities as state or local government officials or state or local government employees.
(3)
Members of the board who are not legislators, state or local government officials, or state or local government employees shall receive a daily expense allowance in an amount the same as that specified in subsection (b) of Code Section
45-7-21
, as well as the mileage or transportation allowance authorized for state employees.
(4)
Funds for the reimbursement of the expenses of state or local government officials, other than legislative members, and state or local government employees shall come from funds appropriated to or otherwise available to their respective governments, departments, authorities, or agencies.
Added by 2018 Ga. Laws 435,§ 1-4, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 3 - EMERGENCY MANAGEMENT (§§ 38-3-1 — 38-3-191) › Article 3 - EMERGENCY POWERS (§§ 38-3-50 — 38-3-64) › Part 1 - EMERGENCY POWERS OF THE GOVERNOR (§§ 38-3-50 — 38-3-58) › Section 38-3-52 - Emergency locations - State government; proclamation; effect of official acts

(a)
Whenever, due to an emergency or disaster resulting from manmade or natural causes or enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of state government at the normal location of the seat thereof in Atlanta, Fulton County, the Governor, as often as the exigencies of the situation require, shall by proclamation declare an emergency temporary location or locations for the seat of government at such place or places within or outside this state as he may deem advisable under the circumstances and shall take such action and issue such orders as may be necessary for an orderly transition of the affairs of state government to the emergency temporary location or locations. The emergency temporary location or locations shall remain as the seat of government until the General Assembly shall by law establish a new location or locations or until the emergency or disaster is declared to be ended by the Governor and the seat of government is returned to its normal location.
(b)
During such time as the seat of government remains at the emergency temporary location or locations, all official acts required by law to be performed at the seat of government by any officer, agency, department, or authority in this state, including the convening and meeting of the General Assembly, shall be as valid and binding when performed at the emergency temporary location or locations as if performed at the normal location of the seat of government.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 3 - EMERGENCY MANAGEMENT (§§ 38-3-1 — 38-3-191) › Article 3 - EMERGENCY POWERS (§§ 38-3-50 — 38-3-64) › Part 1 - EMERGENCY POWERS OF THE GOVERNOR (§§ 38-3-50 — 38-3-58) › Section 38-3-53 - Emergency locations - Meeting of General Assembly; call; suspension of constitutional rules

The General Assembly shall meet at the new location provided for in Code Section
38-3-52
either upon the call of the Governor or, if no call is issued, through the initiative of the members thereof following an emergency or disaster resulting from manmade or natural causes or enemy attack impending or affecting this state. At such time the General Assembly shall not be limited by any constitutional provisions relating to length of sessions, and it may suspend the operation of any and all constitutional rules governing the procedure of both the House of Representatives and the Senate as it deems necessary during the period of emergency or disaster.