2018 Georgia Code Annotated

TITLE 38 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS

Chap.

• 1. General Provisions, 38-1-1, 38-1-2, 38-1-1 through 38-1-2.
• 2. Military Affairs, 38-2-1 through 38-2-1145.
• 3. Emergency Management, 38-3-1 through 38-3-191.
• 4. Veterans Affairs, 38-4-1 through 38-4-72.

Chapter 1. General Provisions, 38-1-1, 38-1-2, 38-1-1 through 38-1-2.

• 38-1-1. Marital, birth, divorce, or death records supplied free to veterans, dependents, Department of Veterans Affairs, or veterans' organizations; requirements; county to pay certain fees.
• 38-1-2. Political subdivisions authorized to furnish quarters, utilities, and services to nationally recognized veterans' organizations.

Chapter 2. Military Affairs, 38-2-1 through 38-2-1145.

Article 1 State Militia Generally.

Part 1 GENERAL PROVISIONS.

• 38-2-1. Short title.
• 38-2-2. Definitions.
• 38-2-3. Division and composition of militia; membership of unorganized militia.
• 38-2-4. Persons exempted from militia duty; exception.
• 38-2-5. Federal call up of militia; Governor's duties; utilization of unorganized militia; effect of unit's absence.
• 38-2-6. Ordering organized militia into active state service; Governor's duties; local officials' duties; declaration of state of emergency; pay.
• 38-2-6.1. Request by Governor for members to report for active duty without first having declared an emergency.
• 38-2-6.2. National Guard Olympic support activities; reciprocal aid agreements or compacts with other states [Repealed].
• 38-2-7. Declaration of martial rule; area encompassed specifically designated.
• 38-2-8. State reserve list; composition; active duty; length of service computations; applicable rules and regulations.
• 38-2-9. State retired list; officers; enlisted persons; grade upon transfer to list; return to active duty; computation of time.
• 38-2-10. Use of National Guard in drug law enforcement, provision of medical care in medically underserved areas, and for youth opportunity training programs.
• 38-2-11. Implementation of federally approved counterdrug law enforcement plans.
• 38-2-12. Use of National Guard as honor guards for veterans' funerals.

Part 2 ORGANIZED MILITIA.

• 38-2-20. Land force; Army National Guard.
• 38-2-21. Air force; Air National Guard.
• 38-2-22. Naval force; Naval Militia.
• 38-2-23. State Defense Force.
• 38-2-24. Organizational and training guidelines.
• 38-2-25. Assemblies; annual training; special duty; active duty; declaration of emergency.
• 38-2-26. Maintenance of armories and training facilities for militia units.
• 38-2-27. Organization of militia units to conform to federal regulations; Governor's organizational powers; restrictions on disbanding units.
• 38-2-28. Inactive National Guard; composition.
• 38-2-29. Credit for active federal service.
• 38-2-30. Resumption of membership in organized militia by National Guard personnel on release from active federal service.
• 38-2-31. Purchase and issue of military property; emergency purchases; disposal of obsolete property.
• 38-2-32. Responsibility for military property or funds; bond; pay deductions for lost or damaged equipment; action by Attorney General to recover damages.

Part 3 STATE DEFENSE FORCE.

• 38-2-50. Creation or disbandment; organization and administration; commander.
• 38-2-51. Authority of Governor.
• 38-2-52. Detail of officers from retired and reserve lists and National Guard to State Defense Force.
• 38-2-53. Detail of National Guard enlisted personnel to State Defense Force.
• 38-2-54. Duties, privileges, and immunities.
• 38-2-55. Use and operation of state property.

Part 4 UNORGANIZED MILITIA.

• 38-2-70. Organizations from unorganized militia; applicable regulations; enlistment and volunteers.
• 38-2-71. Registration of members of unorganized militia.
• 38-2-72. Volunteers or draftees from unorganized militia serving in organized militia; draft of unorganized militia; compensation and duration of duty.
• 38-2-73. Failure to appear for registration or draft; penalty.

Part 5 MILITARY RELATIONS WITH OTHER STATES.

• 38-2-90. Service outside state; application of state military law to such service.
• 38-2-91. Rendering assistance to another state's armed forces; Governor's request and recall; requesting assistance for this state.
• 38-2-92. Fresh pursuit into or beyond state; surrender; surrender not waiver of extradition.
• 38-2-93. Compacts for military aid authorized.

Article 2 Military Administration.

Part 1 COMMANDER IN CHIEF AND STAFF.

• 38-2-110. Governor as militia commander in chief; issuance and effect of regulations.
• 38-2-111. Personal aides-de-camp; appointment; commissions; length of service; duties.
• 38-2-112. Naval advisor and aide-de-camp; requirements; length of service.

Part 2 DEPARTMENT OF DEFENSE.

• 38-2-130. Creation; executive head; definition.
• 38-2-131. Military division authorized; executive head; definition.
• 38-2-132. Administration of militia and Department of Defense; personnel; State Personnel Board.

Part 3 ADJUTANT GENERAL AND OTHER EXECUTIVES.

• 38-2-150. Adjutant general - Eligibility; appointment; compensation; bond.
• 38-2-151. Adjutant general - Duties; records; seal; effect of seal on documentary evidence.
• 38-2-152. Assistant adjutants general; eligibility; appointment; duties; compensation; tenure.
• 38-2-153. State property and fiscal officer; appointment; duties; reports; bonds; compensation.

Part 4 APPROPRIATIONS, FINANCE, AND ACQUISITION OF PROPERTY.

• 38-2-170. Military appropriations; military fund created; use of military funds.
• 38-2-171. Appropriations for units of organized militia; apportionment by adjutant general.
• 38-2-172. Transfer of funds in emergency; funds used in event of invasion.
• 38-2-173. Governor authorized to borrow money.
• 38-2-174. Governor authorized to accept donations for organized militia.
• 38-2-175. Governor authorized to obtain all federal appropriations, property, and equipment.
• 38-2-176. Appropriations of money or property by counties or municipal corporations for local military units.
• 38-2-177. Establishment of defense finance and accounting services facility; steps toward establishment; intergovernmental cooperation.

Part 5 ARMORIES AND OTHER FACILITIES.

• 38-2-190. Definitions.
• 38-2-191. Construction, conversion, expansion, or alteration of armories and other facilities authorized when adjutant general deems necessary.
• 38-2-192. Funding, equipping, and maintenance of facilities.
• 38-2-193. Military division authorized to accept and procure federal funds; adjutant general authorized to utilize funds for projects; recipient of federal funds.
• 38-2-194. Control of armories and other facilities; officer in charge.
• 38-2-195. Use of armories and other facilities.

Article 3 Personnel.

Part 1 OFFICERS.

• 38-2-210. Appointment and promotion of commissioned officers; filling of vacancies; grounds for removal.
• 38-2-211. Qualifications.
• 38-2-212. Assignment and transfer.
• 38-2-213. Oath of office; by whom administered.
• 38-2-214. Uniforms and equipment.
• 38-2-215. Efficiency and medical examining boards - Consideration by; composition and appointment of.
• 38-2-216. Efficiency and medical examining boards - Powers; procedure for appearances; discharge; transfer to reserve or retired list.
• 38-2-217. Resignations; acts constituting resignation; types of discharge after resignation; resignation of officers who are accountable for military funds or property.
• 38-2-218. Absence without leave.
• 38-2-219. Warrant officers.

Part 2 ENLISTED PERSONNEL.

• 38-2-230. Enlistment; qualifications; period of service; transfer; discharge; extensions of enlistments.
• 38-2-231. Contract and oath of enlistment; penalty.
• 38-2-232. Noncommissioned officers and petty officers; appointments; appointing officer; termination of appointment.
• 38-2-233. Discharges; conditions; form.
• 38-2-234. Absent without leave; dropping from rolls.

Part 3 PAY, PENSIONS, AND ALLOWANCES.

• 38-2-250. Pay while on active service; special duty; travel expenses; minimum base pay.
• 38-2-251. Pay, care, etc., when injured or disabled in service; pensions; medical examining boards; rehearings [Repealed].
• 38-2-252. Uniform allowance for officers.

Part 4 RIGHTS, PRIVILEGES, AND PROHIBITIONS.

• 38-2-270. Relief from civil or criminal liability; immunity not exclusive security for attorney's fees; defense by Attorney General authorized.
• 38-2-271. Change of venue for persons indicted or subjected to civil action for performance of military duty.
• 38-2-272. Exemption from arrest on civil process; uniform and equipment exempt from levy and sale.
• 38-2-273. Free passage through tollgates, tunnels, toll bridges, and ferries while under orders.
• 38-2-274. Unlawful conversion of military property; penalty.
• 38-2-275. Unlawful wearing of uniforms and devices indicating rank; penalty.
• 38-2-276. Exemptions from jury duty and street tax.
• 38-2-277. Unauthorized military bodies prohibited; exceptions; support by counties or cities prohibited; penalty for membership.
• 38-2-278. Devises, bequests, and conveyances to military units as societies; officers as trustees; effect of disbandment of unit.
• 38-2-279. Rights of public officers and employees absent on military duty as members of organized militia or reserve forces.
• 38-2-280. Reemployment in private industry; various types of absences; injunction to compel; Attorney General's aid.
• 38-2-281. Exclusion of uniformed military personnel from places of amusement; penalty.
• 38-2-282. Officers and warrant officers to administer oaths and witness documents.
• 38-2-283. Awards; individual; unit.
• 38-2-284. Applicability of part to residents who are personnel of the National Guard of other states.

Article 4 Active Duty Powers.

• 38-2-300. Right of way for troops; exceptions; penalty.
• 38-2-301. Closing places where firearms and ammunition sold, where disorder likely to occur; penalty for not obeying closing order.
• 38-2-302. Control of streets in case of riot, rout, mob, tumult, or unlawful assembly; penalty for remaining on or failing to depart streets.
• 38-2-303. Dispersion of mob; orders; where order unnecessary; penalty for failure to disperse.
• 38-2-304. Duty of citizens to disperse when shot fired or missile thrown; penalty; felony upon failure to disperse after order.
• 38-2-305. Authority of commanding officer to order vicinity of jail, building, or other place, off limits to unauthorized personnel; arrest; penalty.
• 38-2-306. Prohibited conduct in area of military duty performance.
• 38-2-307. Power of National Guard members to effect an arrest.

Article 5 Code of Military Justice.

Part 1 GENERAL PROVISIONS.

• 38-2-1000. Short title.
• 38-2-1001. Definitions.
• 38-2-1002. Applicability; jurisdiction.
• 38-2-1003. Discharge fraudulently obtained.
• 38-2-1004. Calculating forfeiture punishments.
• 38-2-1005. Territorial applicability of article.
• 38-2-1006. State judge advocate; appointment; eligibility; staff judge advocate.

Part 2 APPREHENSION AND RESTRAINT.

• 38-2-1007. Apprehension.
• 38-2-1008. Reserved.
• 38-2-1009. Who may order the arrest or confinement of members.
• 38-2-1010. Restraint of persons charged with offenses.
• 38-2-1011. Confinement and imprisonment in civil jails.
• 38-2-1012. No confinement with enemy prisoners.
• 38-2-1013. Restriction on means of punishment.
• 38-2-1014. Delivery of offenders to civil authorities.

Part 3 NONJUDICIAL PUNISHMENT.

• 38-2-1015. Commanding officer's disciplinary punishment; regulations limiting; officers in charge; appeal; effect on more serious offenses.

Part 4 CLASSIFICATION OF COURTS-MARTIAL.

• 38-2-1016. Classification of courts-martial.
• 38-2-1017. Jurisdiction of courts-martial; generally.
• 38-2-1018. General courts-martial.
• 38-2-1019. Special courts-martial.
• 38-2-1020. Summary courts-martial.
• 38-2-1021. Reserved.

Part 5 CONVENING OF COURTS-MARTIAL.

• 38-2-1022. Convening of general courts-martial.
• 38-2-1023. Convening of special courts-martial.
• 38-2-1024. Convening of summary courts-martial.
• 38-2-1025. Eligibility to serve on courts-martial.
• 38-2-1026. Military judge.
• 38-2-1027. Trial counsel and assistants.
• 38-2-1028. Appointment of court reporters and interpreters.
• 38-2-1029. Absent and additional members; not less than six members required; disability of judge.

Part 6 PRETRIAL PROCEDURE.

• 38-2-1030. Charges and specification.
• 38-2-1031. Compulsory self-incrimination prohibited.
• 38-2-1032. Investigation; cross-examination; effect of failure to perform.
• 38-2-1033. Forwarding of charges.
• 38-2-1034. Advice of staff judge advocate and reference for trial; corrections.
• 38-2-1035. Service of copy of charges; time period before trial.

Part 7 TRIAL PROCEDURES.

• 38-2-1036. Governor may prescribe rules and regulations.
• 38-2-1037. Unlawfully influencing action of court.
• 38-2-1038. Trial counsel.
• 38-2-1039. Calling court into session without presence of members; purpose.
• 38-2-1040. Granting continuance.
• 38-2-1041. Challenges for cause; order of presentation; peremptory challenges.
• 38-2-1042. Oaths.
• 38-2-1043. Statute of limitations.
• 38-2-1044. Double jeopardy.
• 38-2-1045. Pleas of accused.
• 38-2-1046. Opportunity to obtain witnesses and other evidence.
• 38-2-1046.1. Issuance of process and mandates; who may issue; execution.
• 38-2-1047. Refusal to appear or testify; penalty.
• 38-2-1048. Contempt; penalty.
• 38-2-1049. Depositions.
• 38-2-1050. Admissibility of records of courts of inquiry.
• 38-2-1050.1. Defense of mental disease or defect.
• 38-2-1051. Voting, rulings, and charge.
• 38-2-1052. Number of votes required for conviction.
• 38-2-1053. Prompt announcement of findings and sentence.
• 38-2-1054. Trial record; contents; authentication; accused entitled to copy.

Part 8 SENTENCES.

• 38-2-1055. Cruel and unusual punishments prohibited.
• 38-2-1056. Maximum sentencing limits.
• 38-2-1057. Effective date of sentences.
• 38-2-1057.1. Deferment of sentence.
• 38-2-1058. Execution of confinement; discipline while in civil jails; hard labor; civil confinement according to law.
• 38-2-1058.1. Reduction of pay grade.
• 38-2-1058.2. Forfeiture of pay and allowances.

Part 9 REVIEW OF COURTS-MARTIAL.

• 38-2-1059. Effect of error of law on appeal; material prejudice; lesser included offense.
• 38-2-1060. Report of findings and sentence; submission of matters for consideration to convening authority; record of trial; modification of findings and sentence; recommendation of staff judge advocate; proceeding in revision; rehearing.
• 38-2-1061. Withdrawal of appeal.
• 38-2-1062. State may appeal certain rulings.
• 38-2-1063. Rehearings; grounds; members of court; effect on sentence.
• 38-2-1064. Guilty findings reviewed by state judge advocate.
• 38-2-1065. Disposition of trial records.
• 38-2-1066. Reserved.
• 38-2-1067. Court-martial review panel; members; rules and regulations.
• 38-2-1068 and 38-2-1069. Reserved.
• 38-2-1070. Appellate government counsel.
• 38-2-1071. Execution of sentence extending to dismissal or dishonorable or bad conduct discharge.
• 38-2-1072. Vacation of suspension of sentence; hearing; legal representation by military counsel; record of hearing.
• 38-2-1073. Petition for new trial; time period; grounds.
• 38-2-1074. Remission or suspension of sentence; modification of type of discharge by Governor.
• 38-2-1075. Restoration of rights, privileges, and property, in event of remission; administrative discharge; reinstatement.
• 38-2-1076. Finality of proceedings, findings, and sentences; binding effect.
• 38-2-1076.1. Court-martial sentence requires taking leave.

Part 10 PUNITIVE PROVISIONS.

• 38-2-1077. Principals.
• 38-2-1078. Accessory after the fact.
• 38-2-1079. Conviction of lesser included offense.
• 38-2-1080. Attempts.
• 38-2-1081. Conspiracy.
• 38-2-1082. Solicitation of desertion, mutiny, misbehavior before the enemy, or sedition.
• 38-2-1083. Fraudulent enlistment, appointment, or separation.
• 38-2-1084. Unlawful enlistment, appointment, or separation.
• 38-2-1085. Desertion.
• 38-2-1086. Absence without leave.
• 38-2-1087. Missing movement of ship, aircraft, or unit.
• 38-2-1088. Contempt toward officials.
• 38-2-1089. Disrespect toward a superior officer.
• 38-2-1090. Assaulting or willfully disobeying officer.
• 38-2-1091. Insubordination toward warrant or noncommissioned officer.
• 38-2-1092. Failure to obey order or regulation.
• 38-2-1093. Cruelty and maltreatment of others under one's command.
• 38-2-1094. Mutiny and sedition.
• 38-2-1095. Resistance, breach of arrest, and escape.
• 38-2-1096. Assistance in a prisoner's escape.
• 38-2-1097. Unlawful detention.
• 38-2-1098. Noncompliance with procedural rules; unnecessary delay.
• 38-2-1099. Misbehavior before the enemy.
• 38-2-1100. Compelling surrender.
• 38-2-1101. Disclosure or improper use of countersign or parole.
• 38-2-1102. Forcing a safeguard.
• 38-2-1103. Captured or abandoned property; trading and looting prohibited.
• 38-2-1104. Aiding the enemy.
• 38-2-1105. Misconduct as prisoner of war.
• 38-2-1106. Reserved.
• 38-2-1107. Signing false official document; making false official statement.
• 38-2-1108. Military property; loss, damage, destruction, or wrongful disposition.
• 38-2-1109. Property other than military property; waste, spoilage, or destruction.
• 38-2-1110. Willful or negligent hazarding of vessel.
• 38-2-1111. Driving while under the influence of drugs or alcohol.
• 38-2-1112. Under the influence of alcohol while on duty.
• 38-2-1112.1. Use, possession, manufacture, distribution, or importation of certain controlled substances; exceptions.
• 38-2-1113. Drunk or sleeping while standing post.
• 38-2-1114. Reserved.
• 38-2-1115. Malingering; feigning illness; self-infliction of injury.
• 38-2-1116. Riot or breach of peace.
• 38-2-1117. Provoking words or gestures.
• 38-2-1118 through 38-2-1130. Reserved.
• 38-2-1131. Perjury.
• 38-2-1132. Fraudulent claims against the government.
• 38-2-1133. Conduct unbecoming an officer.
• 38-2-1134. General provision.

Part 11 MISCELLANEOUS PROVISIONS.

• 38-2-1135. Courts of inquiry; composition; parties; report.
• 38-2-1136. Authority to administer oaths; limitations; effect of signature.
• 38-2-1136.1. Marshals; duties, powers, immunities.
• 38-2-1137. Explanation of Code sections to enlisted personnel.
• 38-2-1138. Complaints of wrongs by commanding officers.
• 38-2-1138.1. State administrative letter of reprimand.
• 38-2-1139. Redress of injuries to private property; complaint; investigating board; assessment.
• 38-2-1140. Delegation of authority by Governor.
• 38-2-1141. Fees and authorized travel expenses of witnesses, victims, court reporters, and interpreters.
• 38-2-1142. Fines for contempt; methods of collection and payment.
• 38-2-1143. Construction with the federal Uniform Code of Military Justice.
• 38-2-1144. Immunity.
• 38-2-1145. Severability.

Chapter 3. Emergency Management, 38-3-1 through 38-3-191.

Article 1 General Provisions.

• 38-3-1. Short title.
• 38-3-2. Policy and purpose.
• 38-3-3. Definitions.
• 38-3-4. Enforcement.
• 38-3-5. Injunction; who may obtain; remedy at law irrelevant.
• 38-3-6. Liberality of construction.
• 38-3-7. Penalty for violation.

Article 2 Organization and Administration.

• 38-3-20. Georgia Emergency Management and Homeland Security Agency created; director; staff; offices; director's duties; disaster coordinator.
• 38-3-21. Director authorized to make rules and regulations.
• 38-3-22. Governor's emergency management powers and duties.
• 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.
• 38-3-22.2. Establishment of Airport Antiterrorism Training Committee; annual training [Repealed].
• 38-3-23. Investigations and surveys; subpoena power; cooperation.
• 38-3-24. Traffic control; plans, regulations, and coordination.
• 38-3-25. Lease or loan of state property for national or local purposes; transfer of state personnel; local authorities empowered to utilize property.
• 38-3-26. Mobile support units; organization; rights, powers, duties, privileges, immunities, and compensation, of employees; reimbursement to localities and out-of-state units; service out of state.
• 38-3-27. Local organizations for emergency management; creation; structure; powers; directors; appointment, qualifications, and compensation; state to provide financial assistance; entitlement for funding.
• 38-3-28. Authority of political subdivisions; filing of orders, rules, and regulations; effect; consideration of federal emergency management regulations.
• 38-3-29. Local mutual aid arrangements; out-of-state arrangements; conformity with state plan.
• 38-3-30. Aid rendered by local employees to other political subdivisions; reimbursement of personnel and equipment expenses by aided locality; procedure.
• 38-3-31. Authority of state and localities to accept gifts, grants, or loans, from federal or private sources.
• 38-3-32. Sovereign immunity granted those who allow premises to be used for emergency management purposes; when.
• 38-3-33. Immunity granted those who provide equipment in emergencies.
• 38-3-34. Emergency management personnel; qualifications; oath; who may administer.
• 38-3-35. Immunity of state and political subdivisions; of emergency management workers.
• 38-3-36. Director to license nongovernmental rescue organizations; exception; registration of public and private search and rescue dog teams.
• 38-3-37. Prohibited actions by government official or employee during declared state of emergency.
• 38-3-38. Entrance upon private property by Department of Corrections personnel during state of emergency or disaster.

Article 2A Board of Homeland Security.

• 38-3-40. Definitions.
• 38-3-41. Creation; membership; allowances.
• 38-3-42. Board's duty to advise Governor; development of state-wide homeland security strategy; coordination with federal strategic guidance on homeland security; rules and regulations.

Article 3 Emergency Powers.

Part 1 GOVERNOR.

• 38-3-50. Emergency interim successors to various officials; necessity of declared emergency.
• 38-3-51. Emergency powers of Governor; termination of emergency; limitations in energy emergency; immunity.
• 38-3-52. Emergency locations - State government; proclamation; effect of official acts.
• 38-3-53. Emergency locations - Meeting of General Assembly; call; suspension of constitutional rules.
• 38-3-54. Emergency locations - Local government; who may call meeting; effect of acts.
• 38-3-55. Emergency locations - When authorized; proclamation.
• 38-3-56. Registration of businesses during emergency.
• 38-3-57. Establishment of standardized, verifiable, performance based unified incident command system; utilization; training; implementation; funding; first informer broadcasters.
• 38-3-58. "Essentials" defined; system to facilitate transport and distribution; certification.

Part 2 JUDICIAL EMERGENCY.

• 38-3-60. Definitions.
• 38-3-61. Declaration of judicial emergency; duration of judicial emergency declaration; designation of alternative facility in lieu of court.
• 38-3-62. Suspension or tolling of deadlines and time schedules in event of judicial emergency.
• 38-3-63. Notification to other judicial officials and public.
• 38-3-64. Appeal rights of adversely affected parties; cost of appeal borne by state.

Article 4 Recognition of Emergency Medical Services Personnel Licensure Interstate Compact.

• 38-3-70. Short title.
• 38-3-71. Text of compact.

Article 5 Emergency Management Assistance Compact.

• 38-3-80. Short title.
• 38-3-81. Enactment; text.

Article 6 Disaster Volunteer Leave Act.

• 38-3-90. Short title.
• 38-3-91. Definitions.
• 38-3-92. Legislative finding.
• 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.

Article 7 State-wide Alert System for Missing Disabled Adults.

• 38-3-110 through 38-3-119. Redesignated.

Article 8 Alert System for Unapprehended Murder or Rape Suspects.

• 38-3-120. Redesignated.
• 38-3-130. Redesignated.

Article 9 Georgia Emergency Management and Homeland Security Agency Nomenclature Act.

• 38-3-140. Short title.
• 38-3-141. Definitions.
• 38-3-142. Use of agency name without written permission prohibited in certain circumstances.
• 38-3-143. Use or display of agency symbols without written permission prohibited.
• 38-3-144. Requests for permission; grants of permission at director's discretion.
• 38-3-145. Injunctions to restrain violations.
• 38-3-146. Civil penalties for willful violators.
• 38-3-147. Private cause of action; recovery of treble damages, punitive damages, and attorney's fees.
• 38-3-148. Criminal penalties for willful violators.

Article 10 State-wide First Responder Building Mapping Information System.

• 38-3-150. Legislative findings.
• 38-3-151. Definitions.
• 38-3-152. Creation and operation of building mapping information system; availability to government agencies; rules and regulations; federal funding sources; exemption of information from public disclosure; recommendations for training guidelines; limitations.
• 38-3-153. Immunity from civil liability.

Article 11 Uniform Emergency Volunteer Health Practitioners Act.

• 38-3-160. Uniform Emergency Volunteer Health Practitioners Act.
• 38-3-161. Definitions.
• 38-3-162. Applicability to volunteer health practitioners.
• 38-3-163. Regulation of volunteer health practitioners during an emergency.
• 38-3-164. Registration systems.
• 38-3-165. Recognition of volunteer health practitioners licensed in other states.
• 38-3-166. Credentialing or privileging standards of health facilities.
• 38-3-167. Limitation on services provided.
• 38-3-168. Construction with other provisions; inclusion.
• 38-3-169. Regulatory authority.
• 38-3-170. Liability of volunteer health practioners.
• 38-3-171. Uniformity.

Article 12 Emergency Communications Authority.

• 38-3-180. (Effective January 1, 2019) Short title.
• 38-3-181. (Effective January 1, 2019) Definitions.
• 38-3-182. (Effective January 1, 2019) Establishment of Georgia Emergency Communications Authority; purpose; duties and responsibilities; board of directors; perpetual existence; power and authority; operation; regulation.
• 38-3-183. (Effective January 1, 2019) Appointment of executive director; role; additional staffing.
• 38-3-184. (Effective January 1, 2019) Role of Attorney General.
• 38-3-185. (Effective January 1, 2019) Remission of 9-1-1 and enhanced 9-1-1 charges.
• 38-3-186. (Effective January 1, 2019) Contracting with Department of Revenue for collection and disbursement of charges remitted and for collection and disbursement of prepaid wireless 9-1-1 charges.
• 38-3-187. (Effective January 1, 2019) Planning and implementation of state-wide public safety communications network.
• 38-3-188. (Effective January 1, 2019) Retention of funds by Department of Revenue; payments to local governments.
• 38-3-189. (For effective date, see note) Audit; penalties for noncompliance; approval of billing practices.
• 38-3-190. (Effective January 1, 2019) Confidential nature of information; aggregate complying of data and release; compliance with judicial orders.
• 38-3-191. (Effective January 1, 2019) Limitation on use of funds, rights, and privileges.

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

"EMERGENCY MANAGEMENT ASSISTANCE COMPACT The contracting states solemnly agree that:

ARTICLE I - PURPOSE AND AUTHORITIES This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purposes of this agreement, the term "states" is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions.

ARTICLE II - GENERAL IMPLEMENTATION Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.

ARTICLE III - PARTY STATE RESPONSIBILITIES a)It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, the party states, insofar as practical, shall:

ARTICLE IV - LIMITATIONS Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state.

ARTICLE V - LICENSES AND PERMITS Whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise.

ARTICLE VI - LIABILITY Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes; and no party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence, or recklessness.

ARTICLE VII - SUPPLEMENTARY AGREEMENTS Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies.

ARTICLE VIII - COMPENSATION Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.

ARTICLE IX - REIMBURSEMENT Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such request; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further, that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses shall not be reimbursable under this provision.

ARTICLE X - EVACUATION Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines, and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees.

ARTICLE XI - IMPLEMENTATION a)This compact shall become operative immediately upon its enactment into law by any two states and when Congress has given consent thereto; thereafter, this compact shall become effective as to any other state upon its enactment by such state.

ARTICLE XII - VALIDITY This compact shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby.

ARTICLE XIII - ADDITIONAL PROVISIONS Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under Section 1385 of Title 18, United States Code."

Article 1 Department of Veterans Service.

• 38-4-1. Department of Veterans Service and Veterans Service Board - Created; commissioner; officers; appointment; Senate confirmation; term; duties.
• 38-4-2. Powers; appointment of executive directors of veterans' homes.
• 38-4-3. Department of Veterans Service and Veterans Service Board - Duty to work consistently and diligently; educational programs; personal appearances; assistance in preparation of claims.
• 38-4-4. Veterans Service Board - Vacancies.
• 38-4-5. Veterans Service Board - Meetings; place; purpose; called.
• 38-4-6. Veterans Service Board - Policy recommendations; appoint commissioner; discharge of commissioner; commissioner's political activity.
• 38-4-7. Commissioner of veterans service - Compensation; payment; duties.
• 38-4-8. Commissioner of veterans service - Additional duties.
• 38-4-9. Commissioner of veterans service - Employment of personnel; preference to veterans, surviving spouses, and dependents; advise Governor, board, and General Assembly.
• 38-4-10. Commissioner of veterans service - Broad discretion in extending aid; utilize department to fullest.
• 38-4-11. Commissioner of veterans service - Annual reports; content; recipients.
• 38-4-12. Commissioner of veterans service - Duty to maintain records.
• 38-4-13. Women veterans' office.
• 38-4-14. Creation of Georgia Veterans Service Foundation, Inc.; purpose; operation; reporting.

Article 2 Veterans Benefits.

Part 1 VETERANS EDUCATION.

• 38-4-30. Short title.
• 38-4-31. Purpose of part.
• 38-4-32. Department of Veterans Service - Agency to deal with federal government; authority to enter into contracts; administer grants.
• 38-4-33. Department of Veterans Service - Various state educational bodies to cooperate with; full realization of federal benefits.
• 38-4-34. Department of Veterans Service - Cooperation and coordination with private educational bodies.
• 38-4-35. Governor authorized to create private educational advisory bodies.
• 38-4-36. Governor may direct provision of facilities to Department of Veterans Service.
• 38-4-37. Veterans Service Board empowered to prescribe rules, regulations, and directives to implement programs.

Part 2 WAR VETERANS HOME.

• 38-4-50. "War veterans" defined.
• 38-4-51. Established; locations; adjacent facilities integral part thereof.
• 38-4-52. Veterans Service Board - Administer home's facilities.
• 38-4-53. Veterans Service Board - Authorized revenue sources, expenditures, and hiring; other state bodies to cooperate.
• 38-4-54. Veterans Service Board - Funds received from federal sources expended to aid war veterans; no limitation on additional state aid.
• 38-4-55. Admissions and discharges; rules and regulations concerning.
• 38-4-56. Fee for residency in State War Veterans' Home.

Part 3 GEORGIA VETERANS CEMETERIES.

• 38-4-70. Cemeteries established; eligibility for interment.
• 38-4-71. Control of cemeteries; applications for interment.
• 38-4-72. Receipt of federal aid and gifts, contributions, bequests, and reimbursements; expenditure; departmental personnel.

Part 4 RETURNING VETERANS TASK FORCE.

• 38-4-90. Creation.
• 38-4-91. Membership.
• 38-4-92. Duties; recommendations.