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2018 Georgia Code 38-4-53 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 38-4-53 Case Law from Google Scholar Amendments to OCGA 38-4-53

TITLE 38 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS

Section 4. Veterans Affairs, 38-4-1 through 38-4-72.

ARTICLE 2 VETERANS BENEFITS

38-4-53. Veterans Service Board - Authorized revenue sources, expenditures, and hiring; other state bodies to cooperate.

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.

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

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 contractor 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 authority to the Veterans Service Board to accept gifts of real property from a city. 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, §§ 9, 13 et seq., 78, 79.

C.J.S.

- 6 C.J.S., Armed Services, § 306 et seq.

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