reglab/statecodes huggingface dataset:
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 38-3-54 - Emergency locations - Local government; who may call meeting; effect of acts

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 local government at the regular or usual place or places thereof, the governing body of each political subdivision, including but not limited to each and every city, county, and municipality of the state, may meet at any place within or outside the territorial limits of the political subdivision on the call of the presiding officer or any two members of the governing body and shall proceed to establish and designate by ordinance, resolution, or other manner alternate or substitute sites or places as the emergency temporary location or locations of government where all or any part of the public business may be transacted and conducted during the emergency or disaster situation. The sites or places may be within or outside the territorial limits of the political subdivision and may be within or outside this state. During the period when the public business is being conducted at the emergency temporary location or locations, the governing body and other officers of a political subdivision of this state shall have and possess and shall exercise at the location or locations all of the executive, legislative, and judicial powers and functions conferred upon such body and officers by or under the laws of this state. The powers and functions may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with time-consuming procedures and formalities prescribed by law and pertaining thereto, and all acts of the body and officers shall be as valid and binding as if performed within the territorial limits of their political subdivision.
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 38-3-55 - Emergency locations - When authorized; proclamation

The provisions of Code Sections
38-3-52
through
38-3-54
shall be operative only in the event and for the duration of an emergency or disaster of manmade or natural causes or enemy attack impending on or affecting this state or the United States, as proclaimed by an appropriate state official.
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 38-3-56 - Registration of businesses during emergency

Notwithstanding any other provisions of law, the governing authority of any county or municipality may provide by ordinance for a program of emergency registration of all or certain designated classes of businesses doing business in the county or municipality during a state of emergency declared by the Governor. Such ordinance may be implemented for a period during which the state of emergency continues and for a subsequent recovery period of up to three months at the direction of the governing authority. In any county or municipality adopting such an ordinance, no business subject to the ordinance may do business in the county or municipality without first registering in conformance with the provisions of the ordinance.
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 2 - JUDICIAL EMERGENCY (§§ 38-3-60 — 38-3-64) › Section 38-3-60 - Definitions

As used in this part, the term:
(1)
"Authorized judicial official" means any of the following officials when acting with regard to his or her respective jurisdiction:
(A)
The Chief Justice of the Georgia Supreme Court;
(B)
A chief judge of a Georgia superior court judicial circuit; or
(C)
The replacement for or successor to any of the officials set forth in subparagraphs (A) and (B) of this paragraph, as determined by the applicable rules of incapacitation and succession, should such official become incapacitated or otherwise unable to act.
(2)
"Judicial emergency" means:
(A)
A state of emergency declared by the Governor under Part 1 of this article;
(B)
A public health emergency under Code Section
31-12-1.1
;
(C)
A local emergency under Code Section
36-69-2
; or
(D)
Such other serious emergency
when, as determined by an authorized judicial official, the emergency substantially endangers or infringes upon the normal functioning of the judicial system, the ability of persons to avail themselves of the judicial system, or the ability of litigants or others to have access to the courts or to meet schedules or time deadlines imposed by court order or rule, statute, or administrative rule or regulation.
Amended by 2011 Ga. Laws 242,§ 2, eff. 7/1/2011.
Added by 2004 Ga. Laws 498, § 3, eff. 5/13/2004.
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 3 - EMERGENCY POWERS (§§ 38-3-50 — 38-3-64) › Part 2 - JUDICIAL EMERGENCY (§§ 38-3-60 — 38-3-64) › Section 38-3-61 - Declaration of judicial emergency; duration of judicial emergency declaration; designation of alternative facility in lieu of court

(a)
An authorized judicial official is authorized to declare the existence of a judicial emergency which shall be done by order either upon his or her own motion or upon motion by any interested person. The order shall state:
(1)
The identity and position of the issuing authorized judicial official;
(2)
The time, date, and place at which the order is executed;
(3)
The jurisdiction or jurisdictions affected by the order;
(4)
The nature of the emergency necessitating the order;
(5)
The period or duration of the judicial emergency; and
(6)
Any other information relevant to the suspension or restoration of court operations.
(b)
Except as provided in subsection (b) of Code Section
38-3-62
, an order declaring the existence of a judicial emergency shall be limited to an initial duration of not more than 30 days; provided, however, that the order may be modified or extended for no more than two periods not exceeding 30 days each unless a public health emergency exists as set forth in Code Section
38-3-51
, in which case the Chief Justice of the Supreme Court of Georgia may extend the emergency order for so long as such emergency exists, as declared by the Governor. Any modification or extension of the initial order shall require information regarding the same matters set forth in subsection (a) of this Code section for the issuance of the initial order.
(c)
In the event the circumstances underlying the judicial emergency make access to the office of a clerk of court or a courthouse impossible or impractical, the order declaring the judicial emergency shall designate another facility, which is reasonably accessible and appropriate, for the conduct of court business.
Amended by 2021 Ga. Laws 213,§ 1, eff. 7/1/2021.
Amended by 2011 Ga. Laws 242,§ 3, eff. 7/1/2011.
Added by 2004 Ga. Laws 498, § 3, eff. 5/13/2004.
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 3 - EMERGENCY POWERS (§§ 38-3-50 — 38-3-64) › Part 2 - JUDICIAL EMERGENCY (§§ 38-3-60 — 38-3-64) › Section 38-3-63 - Notification to other judicial officials and public

Upon an authorized judicial official issuing an order declaring the existence of a judicial emergency, or any modification or extension of such an order, the authorized judicial official issuing the order, modification, or extension to the extent permitted by the circumstances underlying the judicial emergency shall:
(1)
Immediately notify the Chief Justice of the Georgia Supreme Court of the action;
(2)
Notify and serve a copy of the order, modification, or extension on the judges and clerks of all courts sitting within the jurisdictions affected and on the clerks of the Georgia Court of Appeals and the Georgia Supreme Court, such service to be accomplished through reasonable means to assure expeditious receipt; and
(3)
Give notice of the issuance of the order, modification, or extension to the affected parties, counsel for the affected parties, and the public. Notice shall be provided by whatever means are reasonably calculated to reach the affected parties, counsel for the affected parties, and the public and may, without limitation, include mailing, publication in a newspaper of local or state-wide distribution, posting of written notices at courthouses and other public gathering sites, transmittal by facsimile or e-mail, and announcements on television, radio, and public address systems.
Added by 2004 Ga. Laws 498, § 3, eff. 5/13/2004.
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 3 - EMERGENCY POWERS (§§ 38-3-50 — 38-3-64) › Part 2 - JUDICIAL EMERGENCY (§§ 38-3-60 — 38-3-64) › Section 38-3-64 - Appeal rights of adversely affected parties; cost of appeal borne by state

(a)
Any person whose rights or interests are adversely affected by an order declaring the existence of a judicial emergency or any modification or extension of such an order shall be entitled to appeal.
(b)
A petition for review shall be filed no later than 45 days after the expiration of the judicial emergency order, or any modification or extension of a judicial emergency order, from which an appeal is sought. A petition for review shall be filed with the clerk of a superior court in any jurisdiction affected by the order and shall be served upon:
(1)
The authorized judicial official who issued the order;
(2)
The parties to any criminal proceeding or civil litigation in which the appellant is involved which would be affected by the appeal;
(3)
The district attorney of the county in which the petition for review is filed; and
(4)
All other parties in any criminal proceeding or civil litigation which would be affected by the appeal; provided, however, that service in this regard shall be accomplished by publishing notice of the filing of the appeal in the newspaper which is the legal organ for the county in which the petition for review is filed.
(c)
The appeal shall be heard immediately by the Georgia Court of Appeals under the procedure of emergency motions. A party dissatisfied by the judgment of the Georgia Court of Appeals may appeal as a matter of right to the Georgia Supreme Court. Filing fees for these appeals shall be waived. All costs of court shall be borne by the state. Appeals shall be heard expeditiously.
Amended by 2022 Ga. Laws 875,§ 2-30, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after such date.
Added by 2004 Ga. Laws 498, § 3, eff. 5/13/2004.
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 4 - RECOGNITION OF EMERGENCY MEDICAL SERVICES PERSONNEL LICENSURE INTERSTATE COMPACT (§§ 38-3-70 — 38-3-71) › Section 38-3-70 - Short title

This article shall be known and may be cited as the "Recognition of Emergency Medical Services Personnel Licensure Interstate Compact (REPLICA)."
Amended by 2018 Ga. Laws 562,§ 38, eff. 5/8/2018.
Added by 2017 Ga. Laws 175,§ 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 5 - SOUTHERN REGIONAL EMERGENCY MANAGEMENT COMPACT (§§ 38-3-80 — 38-3-81) › Section 38-3-80 - Short title

This article shall be known and may be cited as the "Emergency Management Assistance Compact."
Amended by 2003 Ga. Laws 9, § 38, eff. 5/14/2003.
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 6 - DISASTER VOLUNTEER LEAVE ACT (§§ 38-3-90 — 38-3-93) › Section 38-3-90 - Short title

This article shall be known and may be cited as the "Disaster Volunteer Leave Act."
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 6 - DISASTER VOLUNTEER LEAVE ACT (§§ 38-3-90 — 38-3-93) › Section 38-3-91 - Definitions

As used in this article, the term:
(1)
"Disaster" means a presidentially declared disaster or a state of emergency disaster declared by the Governor of a state.
(2)
"State agency" means any department, officer, commission, board, or institution of this state, including the several courts of this state and the General Assembly and its committees or commissions.
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 6 - DISASTER VOLUNTEER LEAVE ACT (§§ 38-3-90 — 38-3-93) › Section 38-3-92 - Legislative finding

It is the finding of the General Assembly that natural disasters and disasters created by human agency often arise suddenly and that cooperation among government agencies and volunteer service agencies is vital in coping with such emergencies. The General Assembly further finds that dedicated service by trained and experienced volunteers can help prevent loss and destruction of life and property and that it is in the interest of the state and the citizens of the state to allow certain state employees who are trained and experienced in disaster relief to provide such service for brief periods without loss of pay and benefits.
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 6 - DISASTER VOLUNTEER LEAVE ACT (§§ 38-3-90 — 38-3-93) › Section 38-3-93 - Authorization for certain employees of state agencies to be granted leave from work with pay in order to participate in specialized disaster relief services

(a)
An employee of a state agency who is a certified disaster service volunteer of the American Red Cross may be granted leave from his or her work with pay for no more than 15 workdays in any 12 month period to participate in specialized disaster relief services for the American Red Cross, upon the request of the American Red Cross for the services of that employee and upon the approval of that employee's agency and coordinated through the director of emergency management, without loss of seniority, pay, vacation time, compensatory time, sick time, or earned overtime accumulation. The state agency shall compensate an employee granted leave under this Code section at his or her regular rate of pay for those regular hours during which the employee is absent from work. Leave under this article shall be granted only for the services related to a disaster occurring within this state or in a contiguous state which has a reciprocal statutory provision.
(b)
An employee of a state agency who is a certified disaster service volunteer of the Civil Air Patrol Auxiliary of the United States Air Force may be granted leave from his or her work with pay for no more than 15 workdays in any 12 month period to participate in specialized emergency services operations for the Civil Air Patrol Auxiliary of the United States Air Force, upon the request of the Civil Air Patrol Auxiliary of the United States Air Force after being activated by a county emergency management agency, the Georgia Emergency Management and Homeland Security Agency, or a comparable federal agency for the services of that employee and upon the approval of that employee's agency and coordinated through the director of emergency management, without loss of seniority, pay, vacation time, compensatory time, sick time, or earned overtime accumulation. This provision applies only to service rendered on a numbered mission in support of a county emergency management agency, the Georgia Emergency Management and Homeland Security Agency, or a comparable federal agency. The state agency shall compensate an employee granted leave under this Code section at his or her regular rate of pay for those regular hours during which the employee is absent from work. Leave under this article shall be granted only for the services related to a disaster occurring within this state or in a contiguous state which has a reciprocal statutory provision.
Amended by 2020 Ga. Laws 575,§ 2, eff. 1/1/2021.
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 7 - [SEE NOW CHAPTER 3, TITLE 35 OF THE GEORGIA CODE] (§ 38-3-110) › Section 38-3-110 - through 38-3-119 - [Revised and Redesignated] Redesignated

Revised and redesignated by 2008 Ga. Laws 445,§ 1, eff. 5/6/2008.
Added by 2006 Ga. Laws 638,§ 1, eff. 7/1/2006.
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 8 - [SEE NOW CHAPTER 3, TITLE 35 OF THE GEORGIA CODE] (§§ 38-3-120 — 38-3-130) › Section 38-3-120 - Redesignated

Revised and redesignated by 2008 Ga. Laws 445,§ 1, eff. 5/6/2008.
Amended by 2007 Ga. Laws 18,§ 38, eff. 5/11/2007.
Added by 2006 Ga. Laws 638,§ 1, eff. 7/1/2006.
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 9 - GEORGIA EMERGENCY MANAGEMENT AND HOMELAND SECURITY AGENCY NOMENCLATURE ACT OF 2008 (§§ 38-3-140 — 38-3-148) › Section 38-3-140 - Short title

This article shall be known and may be cited as the "Georgia Emergency Management and Homeland Security Agency Nomenclature Act of 2008."
Amended by 2016 Ga. Laws 335,§ 12, eff. 7/1/2016.
Added by 2008 Ga. Laws 556,§ 1, eff. 5/12/2008.
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 9 - GEORGIA EMERGENCY MANAGEMENT AND HOMELAND SECURITY AGENCY NOMENCLATURE ACT OF 2008 (§§ 38-3-140 — 38-3-148) › Section 38-3-141 - Definitions

As used in this article, the term:
(1)
"Badge" means any official badge, identification card, or security pass used by members of the Georgia Emergency Management and Homeland Security Agency, either in the past or currently.
(2)
"Director" means the director of the Georgia Emergency Management and Homeland Security Agency.
(3)
"Emblem" means any official patch or other emblem worn currently or formerly or used by the Georgia Emergency Management and Homeland Security Agency to identify the agency, a division of the agency, or employees of the agency.
(4)
"Person" means any person, corporation, organization, or political subdivision of the State of Georgia.
(5)
"Seal" means any official symbol, mark, or abbreviation which represents and is used, currently or in the past, by the Georgia Emergency Management and Homeland Security Agency or any other division or operation under the command of the Georgia Emergency Management and Homeland Security Agency to identify the agency, a division of the agency, or employees of the agency.
(6)
"Willful violator" means any person who knowingly violates the provisions of this article. Any person who violates this article after being advised in writing by the director that such person's activity is in violation of this article shall be considered a willful violator and shall be considered in willful violation of this article. Any person whose agent or representative is a willful violator and who has knowledge of the violation by the agent or representative shall also be considered a willful violator and in willful violation of this article unless, upon learning of the violation, he or she immediately terminates the agency or other relationship with such violator.
Amended by 2016 Ga. Laws 335,§ 13, eff. 7/1/2016.
Added by 2008 Ga. Laws 556,§ 1, eff. 5/12/2008.
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 9 - GEORGIA EMERGENCY MANAGEMENT AND HOMELAND SECURITY AGENCY NOMENCLATURE ACT OF 2008 (§§ 38-3-140 — 38-3-148) › Section 38-3-142 - Use of agency name without written permission prohibited in certain circumstances

Whoever, except with the written permission of the director, knowingly uses the words "Georgia Emergency Management Agency," "Georgia Homeland Security Agency," "Emergency Management Agency," "Homeland Security Agency," "GEMA," "GEMHSA," or "GEMA/HS" in referring to Georgia's Emergency Management and Homeland Security Agency in connection with any advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production is approved, endorsed, or authorized by or associated with the Georgia Emergency Management and Homeland Security Agency shall be in violation of this article.
Amended by 2016 Ga. Laws 335,§ 14, eff. 7/1/2016.
Added by 2008 Ga. Laws 556,§ 1, eff. 5/12/2008.
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 9 - GEORGIA EMERGENCY MANAGEMENT AND HOMELAND SECURITY AGENCY NOMENCLATURE ACT OF 2008 (§§ 38-3-140 — 38-3-148) › Section 38-3-143 - Use or display of agency symbols without written permission prohibited

Any person who uses or displays any symbol, including any emblem, seal, or badge, current or historical, used by the Georgia Emergency Management and Homeland Security Agency without written permission from the director shall be in violation of this article.
Amended by 2016 Ga. Laws 335,§ 15, eff. 7/1/2016.
Added by 2008 Ga. Laws 556,§ 1, eff. 5/12/2008.
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 9 - GEORGIA EMERGENCY MANAGEMENT AND HOMELAND SECURITY AGENCY NOMENCLATURE ACT OF 2008 (§§ 38-3-140 — 38-3-148) › Section 38-3-144 - Requests for permission; grants of permission at director's discretion

Any person seeking permission to use or display the nomenclature or symbols of the Georgia Emergency Management and Homeland Security Agency may request such permission in writing to the director. The director shall serve notice on the requesting party within 15 calendar days after receipt of the request of his or her decision on whether the person may use the nomenclature or the symbol. If the director does not respond within the 15 day time period, then the request is presumed to have been denied. The grant of permission under this article shall be at the discretion of the director and under such conditions as the director may impose.
Amended by 2016 Ga. Laws 335,§ 16, eff. 7/1/2016.
Added by 2008 Ga. Laws 556,§ 1, eff. 5/12/2008.
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 9 - GEORGIA EMERGENCY MANAGEMENT AND HOMELAND SECURITY AGENCY NOMENCLATURE ACT OF 2008 (§§ 38-3-140 — 38-3-148) › Section 38-3-145 - Injunctions to restrain violations

Whenever there shall be an actual or threatened violation of this article, the director shall have the right to apply to the Superior Court of Fulton County or to the superior court of the county of residence of the violator for an injunction to restrain the violation.
Added by 2008 Ga. Laws 556,§ 1, eff. 5/12/2008.
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 9 - GEORGIA EMERGENCY MANAGEMENT AND HOMELAND SECURITY AGENCY NOMENCLATURE ACT OF 2008 (§§ 38-3-140 — 38-3-148) › Section 38-3-146 - Civil penalties for willful violators

In addition to any other relief or sanction for a violation of this article, the director shall be entitled to collect a civil penalty in the amount of $1,000.00 for each violation from a willful violator. Further, the director shall be entitled to recover reasonable attorney's fees for bringing any action against a willful violator.
Added by 2008 Ga. Laws 556,§ 1, eff. 5/12/2008.
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 9 - GEORGIA EMERGENCY MANAGEMENT AND HOMELAND SECURITY AGENCY NOMENCLATURE ACT OF 2008 (§§ 38-3-140 — 38-3-148) › Section 38-3-147 - Private cause of action; recovery of treble damages, punitive damages, and attorney's fees

Any person who has given money or any other item of value to another person due in part to such person's use of agency nomenclature or symbols in violation of this article may maintain a suit for damages against the violator. Where it is proven that the violation was willful, the victim shall be entitled to recover treble damages, punitive damages, and reasonable attorney's fees.
Added by 2008 Ga. Laws 556,§ 1, eff. 5/12/2008.
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 9 - GEORGIA EMERGENCY MANAGEMENT AND HOMELAND SECURITY AGENCY NOMENCLATURE ACT OF 2008 (§§ 38-3-140 — 38-3-148) › Section 38-3-148 - Criminal penalties for willful violators

Any willful violator shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $5,000.00 or to imprisonment for not more than 12 months, or both. Each violation shall constitute a separate offense.
Added by 2008 Ga. Laws 556,§ 1, eff. 5/12/2008.
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 10 - STATE-WIDE FIRST RESPONDER BULIDING MAPPING INFORMATION SYSTEM (§§ 38-3-150 — 38-3-153) › Section 38-3-150 - Legislative findings

The General Assembly recognizes the extreme dangers present when the safety of our citizens requires first responders such as police and firefighters to evacuate or secure a building. To better prepare for responding to disasters, criminal acts, and acts of terrorism, the General Assembly intends to create a state-wide first responder building mapping information system that will provide first responders with information they need to be successful when disaster strikes. The first responder building mapping information system shall be developed for this limited and specific purpose and does not impose standards or system requirements on any other mapping systems used for any other purpose.
Added by 2008 Ga. Laws 560,§ 1, eff. 7/1/2008.
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 10 - STATE-WIDE FIRST RESPONDER BULIDING MAPPING INFORMATION SYSTEM (§§ 38-3-150 — 38-3-153) › Section 38-3-151 - Definitions

As used in this article, the term:
(1)
"Agency" means the Georgia Emergency Management and Homeland Security Agency established by Code Section
38-3-20
.
(2)
"Building mapping information system" means a state-wide informational system containing maps of designated public buildings.
(3)
"Director" means the director of the agency.
Amended by 2016 Ga. Laws 335,§ 17, eff. 7/1/2016.
Added by 2008 Ga. Laws 560,§ 1, eff. 7/1/2008.
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 10 - STATE-WIDE FIRST RESPONDER BULIDING MAPPING INFORMATION SYSTEM (§§ 38-3-150 — 38-3-153) › Section 38-3-153 - Immunity from civil liability

Local governments and agencies and their employees shall be immune from civil liability for any damages arising out of the creation and use of the building mapping information system unless it is shown that an employee acted with gross negligence or bad faith.
Added by 2008 Ga. Laws 560,§ 1, eff. 7/1/2008.
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 11 - EMERGENCY VOLUNTEER HEALTH PRACTITIONERS (§§ 38-3-160 — 38-3-171) › Section 38-3-160 - Uniform Emergency Volunteer Health Practitioners Act

This article shall be known and may be cited as the "Uniform Emergency Volunteer Health Practitioners Act."
Added by 2016 Ga. Laws 403,§ 1, eff. 7/1/2016.
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 11 - EMERGENCY VOLUNTEER HEALTH PRACTITIONERS (§§ 38-3-160 — 38-3-171) › Section 38-3-162 - Applicability to volunteer health practitioners

This article shall only apply to volunteer health practitioners registered with a registration system that complies with Code Section
38-3-164
and who provide health services or veterinary services in this state for a host entity while an emergency declaration is in effect.
Added by 2016 Ga. Laws 403,§ 1, eff. 7/1/2016.
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 11 - EMERGENCY VOLUNTEER HEALTH PRACTITIONERS (§§ 38-3-160 — 38-3-171) › Section 38-3-163 - Regulation of volunteer health practitioners during an emergency

(a)
For health services and veterinary services provided by volunteer health practitioners pursuant to this article while an emergency declaration is in effect, the Governor may waive, limit, restrict, or otherwise regulate:
(1)
The duration of practice by such volunteer health practitioners with respect to such services;
(2)
The geographical areas in which such volunteer health practitioners may practice with respect to such services;
(3)
The types of volunteer health practitioners who may practice with respect to such services; and
(4)
Any other matters necessary
to coordinate effectively the provision of health services or veterinary services during the emergency.
(b)
An order issued pursuant to subsection (a) of this Code section may take effect immediately, without prior notice or comment, and shall not be a rule within the meaning of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
(c)
A host entity that uses volunteer health practitioners to provide health services or veterinary services in this state shall:
(1)
Consult and coordinate its activities with the Georgia Emergency Management and Homeland Security Agency, consistent with the Georgia Emergency Operations Plan, to provide for the efficient and effective use of volunteer health practitioners; and
(2)
Comply with the laws of this state relating to the management of emergency health services or veterinary services.
Added by 2016 Ga. Laws 403,§ 1, eff. 7/1/2016.
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 11 - EMERGENCY VOLUNTEER HEALTH PRACTITIONERS (§§ 38-3-160 — 38-3-171) › Section 38-3-165 - Recognition of volunteer health practitioners licensed in other states

(a)
While an emergency declaration is in effect, a volunteer health practitioner registered with a registration system that complies with Code Section
38-3-164
and who is licensed and in good standing in the state upon which such volunteer health practitioner's registration is based may practice in this state to the extent authorized by this article as if such volunteer health practitioner were licensed in this state.
(b)
A volunteer health practitioner qualified under subsection (a) of this Code section shall not be entitled to the protections of this article if such volunteer health practitioner is licensed in more than one state and any license of such volunteer health practitioner is suspended, revoked, or subject to an agency order limiting or restricting practice privileges or has been voluntarily terminated under threat of sanction.
Amended by 2017 Ga. Laws 275,§ 38, eff. 5/9/2017.
Added by 2016 Ga. Laws 403,§ 1, eff. 7/1/2016.
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 11 - EMERGENCY VOLUNTEER HEALTH PRACTITIONERS (§§ 38-3-160 — 38-3-171) › Section 38-3-166 - Credentialing or privileging standards of health facilities

This article shall not affect credentialing or privileging standards of a health facility and shall not preclude a health facility from waiving or modifying those standards while an emergency declaration is in effect.
Added by 2016 Ga. Laws 403,§ 1, eff. 7/1/2016.
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 11 - EMERGENCY VOLUNTEER HEALTH PRACTITIONERS (§§ 38-3-160 — 38-3-171) › Section 38-3-168 - Construction with other provisions; inclusion

(a)
This article shall not limit rights, privileges, or immunities provided to volunteer health practitioners by laws other than this article. Except as otherwise provided in subsection (b) of this Code section, this article shall not affect requirements for the use of health practitioners pursuant to the Emergency Management Assistance Compact.
(b)
The Georgia Emergency Management and Homeland Security Agency, pursuant to the Emergency Management Assistance Compact, may incorporate into the emergency forces of this state volunteer health practitioners who are not officers or employees of this state, a political subdivision of this state, or a municipality or other local government within this state.
Added by 2016 Ga. Laws 403,§ 1, eff. 7/1/2016.
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 11 - EMERGENCY VOLUNTEER HEALTH PRACTITIONERS (§§ 38-3-160 — 38-3-171) › Section 38-3-169 - Regulatory authority

The Department of Public Health may promulgate rules and regulations to implement this article. In doing so, the Department of Public Health shall consult with and consider the recommendations of the Georgia Emergency Management and Homeland Security Agency, consistent with the Georgia Emergency Operations Plan, and shall also consult with and consider rules and regulations promulgated by similarly empowered agencies in other states to promote uniformity of application of this article and make the emergency response systems in the various states reasonably compatible.
Added by 2016 Ga. Laws 403,§ 1, eff. 7/1/2016.
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 11 - EMERGENCY VOLUNTEER HEALTH PRACTITIONERS (§§ 38-3-160 — 38-3-171) › Section 38-3-170 - Liability of volunteer health practitioners

(a)
Except as provided in subsection (c) of this Code section, a volunteer health practitioner who provides health services or veterinary services pursuant to this article shall not be liable for damages for his or her act or omission in providing such health services or veterinary services.
(b)
No person shall be vicariously liable for damages for an act or omission of a volunteer health practitioner if such volunteer practitioner is not liable for the damages under subsection (a) of this Code section.
(c)
This Code section shall not limit the liability of a volunteer health practitioner for:
(1)
Willful misconduct or wanton, grossly negligent, reckless, or criminal conduct;
(2)
An intentional tort;
(3)
Breach of contract;
(4)
A claim asserted by a host entity or by an entity located in this or another state which employs or uses the services of the volunteer health practitioner; or
(5)
An act or omission relating to the operation of a motor vehicle, vessel, aircraft, or other vehicle.
(d)
A person that, pursuant to this article, operates, uses, or relies upon information provided by a volunteer health practitioner registration system shall not be liable for damages for an act or omission relating to that operation, use, or reliance unless such act or omission is an intentional tort or is willful misconduct or wanton, grossly negligent, reckless, or criminal conduct.
(e)
In addition to the protections provided in subsection (a) of this Code section, a volunteer health practitioner who provides health services or veterinary services pursuant to this article shall be entitled to all the rights, privileges, or immunities which may otherwise be provided by law.
Added by 2016 Ga. Laws 403,§ 1, eff. 7/1/2016.
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 11 - EMERGENCY VOLUNTEER HEALTH PRACTITIONERS (§§ 38-3-160 — 38-3-171) › Section 38-3-171 - Uniformity

In applying and construing this uniform Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by 2016 Ga. Laws 403,§ 1, eff. 7/1/2016.
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 12 - EMERGENCY COMMUNICATIONS AUTHORITY (§§ 38-3-180 — 38-3-191) › Section 38-3-180 - Short title

This article shall be known and may be cited as the "Georgia Emergency Communications Authority Act."
Added by 2018 Ga. Laws 436,§ 1-1, 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 12 - EMERGENCY COMMUNICATIONS AUTHORITY (§§ 38-3-180 — 38-3-191) › Section 38-3-181 - Definitions

As used in this article, the term:
(1)
"Authority" means the Georgia Emergency Communications Authority established pursuant to Code Section
38-3-182
.
(2)
"Board of directors" or "board" means the governing body of the authority.
(2.1)
"Emergency medical dispatch" means the management of requests for emergency medical assistance by utilizing a system of:
(A)
A tiered response or priority dispatching of emergency medical resources based on the level of medical assistance appropriate for the victim; and
(B)
Prearrival first aid or other medical instructions given by trained telecommunicators responsible for receiving 9-1-1 calls and dispatching public safety agencies.
(3)
"Emergency 9-1-1 system" or "9-1-1 system" has the same meaning as provided in Code Section
46-5-122
.
(4)
"Enhanced ZIP Code" has the same meaning as provided in Code Section
46-5-122
.
(5)
"Local government" means a county, municipality, regional authority, or consolidated government in this state that operates or contracts for the operation of a public safety answering point and has adopted a resolution or ordinance pursuant to Code Section
46-5-133
to impose 9-1-1 charges under Code Section
46-5-134
.
(6)
"Next Generation 9-1-1" or "NG911" is a secure, nationwide, interoperable, standards-based, all Internet protocol emergency communications infrastructure enabling end-to-end transmission of all types of data, including, but not limited to, voice and multimedia communications from the public to a public safety answering point.
(7)
"9-1-1 charge" has the same meaning as provided in Code Section
46-5-122
.
(8)
"Public safety answering point" has the same meaning as provided in Code Section
46-5-122
.
(9)
"Service supplier" has the same meaning as provided in Code Section
46-5-122
.
(10)
"Telephone subscriber" has the same meaning as provided in Code Section
46-5-122
.
(11)
"Wireless enhanced 9-1-1 charge" has the same meaning as provided in Code Section
46-5-122
.
Amended by 2022 Ga. Laws 800,§ 2, eff. 7/1/2022.
Added by 2018 Ga. Laws 436,§ 1-1, 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 12 - EMERGENCY COMMUNICATIONS AUTHORITY (§§ 38-3-180 — 38-3-191) › Section 38-3-183 - Appointment of executive director; role; additional staffing

The director of the Georgia Emergency Management and Homeland Security Agency shall appoint an executive director, subject to approval by the board, who shall be the administrative head of the authority, and shall establish the salary of the executive director. The executive director shall serve at the pleasure of such director. The executive director, with the concurrence and approval of such director, shall hire officers, agents, and employees; prescribe their duties, responsibilities, and qualifications; set their salaries; and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director.
Added by 2018 Ga. Laws 436,§ 1-1, 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 12 - EMERGENCY COMMUNICATIONS AUTHORITY (§§ 38-3-180 — 38-3-191) › Section 38-3-184 - Role of Attorney General

The Attorney General shall provide legal services for the authority and, in connection therewith, Code Sections
45-15-13
through
45-15-16
shall be fully applicable.
Added by 2018 Ga. Laws 436,§ 1-1, 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 12 - EMERGENCY COMMUNICATIONS AUTHORITY (§§ 38-3-180 — 38-3-191) › Section 38-3-185 - Remission of 9-1-1 and enhanced 9-1-1 charges

(a)
Beginning January 1, 2019, all 9-1-1 charges and all wireless enhanced 9-1-1 charges imposed by the governing authority of a local government pursuant to Code Section
46-5-133
and collected by a service supplier pursuant to Code Sections
46-5-134
and
46-5-134.1
shall be remitted monthly by each service supplier to the authority not later than the twentieth day of the month following the month in which they are collected. Any charges not remitted in a timely manner shall accrue interest at the rate specified in Code Section
48-2-40
, until the date they are paid.
(b)
(1)
Each service supplier collecting and remitting 9-1-1 and wireless enhanced 9-1-1 charges to the authority pursuant to subsection (a) of this Code section shall submit with the remitted charges a report identifying the amount of the charges being collected and remitted from telephone subscribers attributable to each county or municipality that operates a public safety answering point, including counties and municipalities that operate multijurisdictional or regional 9-1-1 systems or have created a joint authority pursuant to Code Section
46-5-138
.
(2)
For purposes of the monthly report required in paragraph (1) of this subsection, the service supplier shall attempt to utilize enhanced ZIP Codes. If an enhanced ZIP Code designation is not available for an address or if the service supplier is unable to determine the applicable enhanced ZIP Code designation after exercising due diligence to determine the designation, the service supplier may apply the five-digit ZIP Code to that address. For purposes of this subsection, there is a rebuttable presumption that a service supplier has exercised due diligence if the service supplier has attempted to determine the enhanced ZIP Code designation by utilizing software used by the Streamlined Sales Tax Governing Board pursuant to Code Section
48-8-70
.
Added by 2018 Ga. Laws 436,§ 1-1, 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 12 - EMERGENCY COMMUNICATIONS AUTHORITY (§§ 38-3-180 — 38-3-191) › Section 38-3-186 - Contracting with Department of Revenue for collection and disbursement of charges remitted and for collection and disbursement of prepaid wireless 9-1-1 charges

(a)
The authority shall contract with the Department of Revenue for the collection and disbursement of charges remitted to the authority under subsection (a) of Code Section
38-3-185
, other than prepaid wireless 9-1-1 charges under Code Section
46-5-134.2
. Under such nonmonetary contract and to defray the cost of administering such collection and disbursement, the Department of Revenue shall receive payment equal to 0.25 percent of the total amount of the gross charges remitted to the authority under subsection (a) of Code Section
38-3-185
, other than prepaid wireless 9-1-1 charges under Code Section
46-5-134.2
.
(b)
The authority shall also contract with the Department of Revenue for the collection and disbursement of prepaid wireless 9-1-1 charges remitted to counties and municipalities under Code Section
46-5-134.2
. Under such nonmonetary contract and to defray the cost of administering such collection and disbursement, the Department of Revenue shall receive payment equal to 0.25 percent of the total amount of the gross charges remitted to the authority or Department of Revenue under Code Section
46-5-134.2
.
Amended by 2022 Ga. Laws 650,§ 1, eff. 7/1/2022, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law.".
Added by 2018 Ga. Laws 436,§ 1-1, 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 12 - EMERGENCY COMMUNICATIONS AUTHORITY (§§ 38-3-180 — 38-3-191) › Section 38-3-187 - Planning and implementation of state-wide public safety communications network

The authority and telecommunications service suppliers shall work in cooperation with the state to plan for and implement a state-wide public safety communications network.
Added by 2018 Ga. Laws 436,§ 1-1, eff. 7/1/2018.