Title 38 — Title 38
0 chapters · 318 sections in this title.
O.C.G.A. § 38-3-1 Short title
0.3K chars
Articles 1 through 3 of this chapter may be cited as the ‘‘Georgia Emergency Management Act of 1981.’’ History. — Ga. L. 1951, p. 224, § 1; Ga. L. 1982, p. 3, § 38. Cross references. — Georgia Antiterroristic Training Act, T. 16, C. 11, A. 4, P. 4. 514 38-3-2
O.C.G.A. § 38-3-120 Redesignated
0.4K chars
Editor’s notes. — Ga. L. 2007, p. 47, § 38(7)/SB 103, effective May 11, 2007, redesignated former Code Section 38-3-120 as present Code Section 38-3-130. Ga. L. 2008, p. 233, § 1/SB 202, pur- ported to amend and redesignate Code Section 38-3-120 as Code Section 35-3-190 but actua…
O.C.G.A. § 38-3-130 Redesignated
0.2K chars
Editor’s notes. — Ga. L. 2008, p. 233, § 1/SB 202, effective July 1, 2008, redes- ignated former Code Section 38-3-130 as present Code Section 35-3-190. ARTICLE 9 GEORGIA EMERGENCY MANAGEMENT AND HOMELAND SECURITY AGENCY NOMENCLATURE ACT
O.C.G.A. § 38-3-140 Short title
0.3K chars
This article shall be known and may be cited as the ‘‘Georgia Emergency Management and Homeland Security Agency Nomenclature Act of 2008.’’ History. — Code 1981, § 38-3-140, enacted by Ga. L. 2008, p. 543, § 1/HB 1201; Ga. L. 2016, p. 91, § 12/SB 416. 38-3-141. Definitions.
O.C.G.A. § 38-3-141 Definitions
3.4K chars
As used in this article, the term: 600 38-3-142 (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 t…
O.C.G.A. § 38-3-143 Use or display of agency symbols without written permission prohibited
0.1K chars
38-3-144. Requests for permission; grants of permission at director’s discretion. 38-3-145. Injunctions to restrain violations.
O.C.G.A. § 38-3-144 Requests for permission; grants of permission at director’s discretion
0.8K chars
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 aft…
O.C.G.A. § 38-3-145 Mental health law
0.5K chars
Violations, abatement of public nuisance, §37-1-90. INJUNCTIONS —Cont’d Mentally ill patients. Right to request protective order against treatment, §37-3-163. Substance abuse. Right to request protective order against treatment, §37-7-163. Violations of title, §37-1-90. INSIGNIA.…
O.C.G.A. § 38-3-146 Civil penalties for willful violators
1.0K chars
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 f…
O.C.G.A. § 38-3-147 Short title, §38-3-140
1.0K chars
Use of agency name without written permission, §38-3-142. Use of agency symbols without written permission, §38-3-143. Bioterrorism. Defined, §38-3-3. Board of homeland security, §§38-3-40 to 38-3-42. Composition, §38-3-41. Definitions, §38-3-40. Duties of board, §38-3-42. Establis…
O.C.G.A. § 38-3-148 Short title, §38-3-140
0.9K chars
GEORGIA FIRST INFORMER BROADCASTERS ACT, §38-3-57. GEORGIA MILITARY FORCES REORGANIZATION ACT OF 1955. Short title, §38-2-1. GOOD FAITH. Developmental disabilities. Hospitals. Immunity from liability of health officials, §37-4-6. Rights of developmentally disabled persons and the…
O.C.G.A. § 38-3-150 Legislative findings
0.8K chars
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 As…
O.C.G.A. § 38-3-151 Definitions
4.0K chars
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 buil…
O.C.G.A. § 38-3-152 Training guidelines, §38-3-152
0.3K chars
Certified emergency manager program, §38-3-27. Citation of chapter, §38-3-1. Communications authority. Emergency communications authority, §§38-3-180 to 38-3-191. Compacts. Authority of governor, §38-3-22. Comprehensive plan and program, §38-3-22. Construction of chapter, §38-3-6.
O.C.G.A. § 38-3-153 Immunity from civil liability
0.7K chars
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. History. — Code 198…
O.C.G.A. § 38-3-161 Definitions
6.3K chars
As used in this article, the term: (1) ‘‘Credentialing’’ means obtaining, verifying, and assessing the qualifications of a health practitioner to provide treatment, care, or services in or for a health facility. (2) ‘‘Disaster relief organization’’ means an entity that provides em…
O.C.G.A. § 38-3-162 Applicability to volunteer health practitioners
2.0K chars
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. Histo…
O.C.G.A. § 38-3-163 ENCAMPMENTS
0.2K chars
Organized militia. Assemblies, §38-2-25. Service outside state, §38-2-90. ENERGY EMERGENCY. Emergency management. Defined, §38-3-3. General provisions, §§38-3-1 to 38-3-171. EPIDEMICS.
O.C.G.A. § 38-3-164 Registration systems
3.0K chars
(a) To qualify as a volunteer health practitioner registration system, a system shall: (1) Accept applications for the registration of volunteer health practitioners before or during an emergency; (2) Include information about the licensure and good standing of health practitione…
O.C.G.A. § 38-3-165 Recognition of volunteer health practitioners licensed in other states
1.1K chars
(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 61…
O.C.G.A. § 38-3-166 Credentialing or privileging standards of health facilities
0.3K chars
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. History. — Code 1981, § 38-3-166, enacted by Ga. L. 2016, p. 2…
O.C.G.A. § 38-3-167 Limitation on services provided
3.2K chars
(a) Except as otherwise provided in this Code section, a volunteer health practitioner shall adhere to the scope of practice for a similarly licensed volunteer health practitioner established by the licensing provisions, practice acts, or other laws of this state. (b) Except as o…
O.C.G.A. § 38-3-168 Construction with other provisions; inclusion
0.8K chars
(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 pra…
O.C.G.A. § 38-3-169 Regulatory authority
0.7K chars
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 G…
O.C.G.A. § 38-3-170 Liability of volunteer health practioners
1.8K chars
(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 veterina…
O.C.G.A. § 38-3-171 Uniformity
1.2K chars
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. History. — Code 1981, § 38-3-171, enacted by Ga. L. 2016, p. 296, § 1/SB 230. ARTICLE 12 EMERGENCY…
O.C.G.A. § 38-3-180 Short title
0.3K chars
38-3-181. Definitions. 38-3-182. Establishment of Georgia Emergency Communications Authority; purpose; duties and responsibilities; board of directors; perpetual existence; power and authority; operation; regulation. 38-3-183. Appointment of executive director; role; additional st…
O.C.G.A. § 38-3-181 Definitions
14.2K chars
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. (3) ‘‘Emergency 9-1-1 system’’ or ‘‘9-1-1 sy…
O.C.G.A. § 38-3-182 Internal operation, §38-3-182
0.2K chars
Meetings, §38-3-182. Powers of board, §38-3-182. Terms, §38-3-182. Collection and disbursement of charges remitted to authority. Contracting with revenue department, §38-3-186. Definitions, §38-3-181.
O.C.G.A. § 38-3-183 Appointment of executive director; role; additional staffing
0.1K chars
38-3-184. Role of Attorney General. 38-3-185. Remission of 9-1-1 and enhanced 9-1-1 charges.
O.C.G.A. § 38-3-184 Role of Attorney General
0.3K chars
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. History. — Code 1981, § 38-3-184, enacted by Ga. L. 2018, p. 689, § 1-1/HB 751. 38-3-185. Remission of 9-1-1 and en…
O.C.G.A. § 38-3-185 Remission of 9-1-1 and enhanced 9-1-1 charges
3.8K chars
(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 remit…
O.C.G.A. § 38-3-186 Definitions, §38-3-181
0.3K chars
Duties of authority, §38-3-182. Established, §38-3-182. Executive director. Appointment, §38-3-183. Role of executive director, §38-3-183. Staff, §38-3-183. Funds, rights, privileges, etc, accruing to authority. Use only for authority purposes, §38-3-191. Local governments.
O.C.G.A. § 38-3-187 Short title, §38-3-180
0.5K chars
State-wide public safety communications network. Funds, rights, privileges, etc, accruing to authority. Use only for authority purposes, §38-3-191. Planning for and implementing network. Service suppliers, authority and state to work together, §38-3-187. EMERGENCY COMMUNICATIONS …
O.C.G.A. § 38-3-188 Retention of funds by Department of Revenue; payments to local governments
1.4K chars
(a) The Department of Revenue shall retain from the charges remitted to it pursuant to subsection (a) of Code Section 38-3-185 and pursuant to Code Section 46-5-134.2 an amount equal to 1 percent of the total amount of such charges and remit such amount to the authority. (b) Exce…
O.C.G.A. § 38-3-189 Audit; penalties for noncompliance; approval of billing practices
5.9K chars
(a)(1) Beginning January 1, 2019, the authority is authorized to employ or contract with an independent auditor or the Department of Revenue to audit the financial and business records of any service supplier offering communication services capable of connecting 9-1-1 service to t…
O.C.G.A. § 38-3-190 Mental health
0.2K chars
Office of disability services ombudsman. Consumer complainant, §37-2-38. Peer review records, §37-2-45. Protection of confidential records. Classification as work force members of department, §37-2-34. Substance abuse.
O.C.G.A. § 38-3-191 Limitation on use of funds, rights, and privileges
2.1K chars
All funds, distributions, revenues, grants, appropriations, and rights and privileges of value of every nature accruing to the authority shall be used only for the purpose of developing, maintaining, administering, managing, and promoting the authority, state-wide 9-1-1 advanceme…
O.C.G.A. § 38-3-2 Policy and purpose
1.9K chars
(a) Because of the existing and increasing possibility of the occurrence of emergencies or disasters resulting from manmade or natural causes or enemy attack; in order to ensure that preparations of this state will be adequate to deal with such emergencies or disasters; generally…
O.C.G.A. § 38-3-21 Director authorized to make rules and regulations
0.3K chars
Subject to the approval of the Governor, the director of emergency management shall be authorized to promulgate such rules and regulations as may be required to effectuate the purposes of Articles 1 through 3 of this chapter. History. — Ga. L. 1973, p. 74, § 15; Ga. L. 1981, p. 3…
O.C.G.A. § 38-3-22 Governor’s emergency management powers and duties
6.5K chars
(a) The Governor shall have general direction and control of the Georgia Emergency Management and Homeland Security Agency and shall be responsible for the carrying out of the provisions of Article 1, this article, and Article 3 of this chapter and, in the event of disaster or em…
O.C.G.A. § 38-3-22.1 PUBLIC RECORDS
0.2K chars
Fees. Waiver of fees. Records supplied to veterans, dependents, etc., §38-1-1. Veterans affairs. Commissioner of veterans service. Recordkeeping requirements, §38-4-12. Waiver of fees.
O.C.G.A. § 38-3-22.2 Disasters
1.3K chars
Plans addressing threat of terrorism, natural disasters, hazardous materials or radiological accidents. Required of all state agencies, exceptions, §38-3-22.1. Disaster volunteer leave act. Employee of state agency certified disaster service volunteer of American Red Cross or civi…
O.C.G.A. § 38-3-23 Investigations and surveys; subpoena power; cooperation
0.7K chars
For the purpose of making surveys and investigations and obtaining information, except the investigation of subversive activities that are the responsibility of the Federal Bureau of Investigation, the Governor may compel by subpoena the attendance of witnesses and the production…
O.C.G.A. § 38-3-24 Traffic control; plans, regulations, and coordination
6.4K chars
The Governor may formulate and execute plans and regulations for the control of traffic in order to provide for the rapid and safe movement of evacuation over public highways and streets of people, troops, or vehicles and of materials for national defense or for use in any defens…
O.C.G.A. § 38-3-27 MEDALS
0.7K chars
Militia, §38-2-283. MEDICAL CONSENT. Minors. Substance abuse. Right of minor to obtain medical or surgical services for treatment of drug abuse, §37-7-8. Substance abuse. Minors. Right of minor to obtain medical or surgical services for treatment of drug abuse, §37-7-8. MEDICATIO…
O.C.G.A. § 38-3-28 Effect of rules, §38-3-28
0.5K chars
Filing of governor’s and localities rules, §38-3-28. Governor’s emergency management authority, §38-3-22. Political subdivisions, §38-3-28. Traffic control, §38-3-24. Safety plans addressing threat of terrorism, natural disasters, hazardous materials or radiological accidents. Re…
O.C.G.A. § 38-3-29 Traffic control, §38-3-24
0.7K chars
Political subdivisions. Aid rendered by local employees to other political subdivisions, §38-3-30. Reimbursement of personnel and other equipment expenses by aided locality, §38-3-30. Defined, §38-3-3. EMERGENCY MANAGEMENT AND HOMELAND SECURITY —Cont’d Political subdivisions —Cont…
O.C.G.A. § 38-3-3 Definitions
5.8K chars
As used in Articles 1 through 3 of this chapter, the term: (1) ‘‘Bioterrorism’’ means the intentional creation or use of any microorganism, virus, infectious substance, or any component thereof, whether naturally occurring or bioengineered, to cause death, illness, disease, or ot…
O.C.G.A. § 38-3-30 Mobile support units, §38-3-26
0.1K chars
Rulemaking authority, §38-3-21. Consideration of federal emergency management regulations, §38-3-28. Effect of rules, §38-3-28.