O.C.G.A.

O.C.G.A. § 38-4-53 (2019)

Veterans Service Board - Authorized revenue sources, expenditures, and hiring; other state bodies to cooperate

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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The Veterans Service Board is designated as the agency of this state to receive federal aid under Title 38, U.S.C., Sections 641 and 642, as amended, and is authorized and directed to receive from the United States Department of Veterans Affairs or any other agency of the United States government authorized to pay federal aid to states for soldiers’ homes under Title 38, U.S.C., Sections 641 and 642, as amended, and of any other federal law or act of Congress providing for the payment of funds to states for the care of or support of disabled soldiers and sailors in the state homes. The Veterans Service Board is authorized to receive from any source gifts, contributions, bequests, and individual reimbursements, the receipt of which does not exclude any other source of revenue. All funds received by the Veterans Service Board shall be expended for the care and support of disabled war veterans. At the discretion of the Veterans Service Board, funds received from any source by the Veterans Service Board may be expended in any manner whatsoever for the care and support of disabled war veterans, including the purchase of supplies, food, clothing, equipment, personal and real property, and the erection of suitable buildings, as well as for necessary repairs on existing facilities of the Georgia State War Veterans’ Home. The Veterans Service Board is authorized to hire employees, including technical personnel, as necessary in order to carry out this part. At the request of the Veterans Service Board, every officer and employee of the state government shall furnish all information in their possession necessary to enable the Veterans Service Board to carry out properly this part.

History

Ga. L. 1955, Ex. Sess., p. 18, § 6; Ga. L. 1960, p. 1150, § 3; Ga. L. 1990, p. 45, § 1.

Annotations

JUDICIAL DECISIONS Liability of Veterans Service Board limited. - Department of Veterans Services does not have a non-delegable duty to care for the department’s veterans and the department properly contracted with an independent contractor to run the State War Veterans’ Home; thus, in an action based on negligent acts of the con-

tractor resulting in the death of a veteran at the Home, the trial court erred in concluding that the Department could not avail itself of the independent contractor defense. Department of Veterans Servs. v. Robinson, 244 Ga. App. 878, 536 S.E.2d 617 (2000).

OPINIONS OF THE ATTORNEY GENERAL Authority to accept gifts of real property. - Statute clearly grants au-

thority to the Veterans Service Board to accept gifts of real property from a city.

MILITARY, EMERG. & VET. AFFAIRS

The words ‘‘from any source’’ indicate that potential donors include both private parties and public entities. 1965-66 Op. Att’y Gen. No. 66-14. Veterans Service Board can only accept

a gift of real property so located as to be considered a part of the Rome or Milledgeville State Hospital facilities. 1965-66 Op. Att’y Gen. No. 66-14.

RESEARCH REFERENCES Am. Jur. 2d. - 77 Am. Jur. 2d, Veterans and Veterans’ Laws, §§ 8, 12 et seq., 82, 83.

C.J.S. - 6 C.J.S., Armed Services, § 303 et seq.

Notes of Decisions
Cited in 1 case, 2000–2000 · leading case: Dep't of Vets. Servs. v. Robinson, 536 S.E.2d 617 (Ga. Ct. App. 2000).
Dep't of Vets. Servs. v. Robinson, 536 S.E.2d 617 (Ga. Ct. App. 2000). · cites it 2× “Moreover, OCGA § 38-4-53 allows the Department to expend its funds “in any manner whatsoever for the care and support of disabled war veterans.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.