Title 38

(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…

(a) Every state agency or authority, except those exempted in subsection (b) of this Code section, shall prepare an agency safety plan to address the threat of terrorism, to respond effectively to such incidents, and to provide a safe environment for state personnel and for those…

(a) As used in this Code section, the term: (1) ‘‘Agency’’ means: (A) The executive, judicial, or legislative branch of this state and any department, agency, board, bureau, office, commission, public corporation, and authority thereof; (B) Every county, municipal corporation, sc…

If the Governor makes a determination that a memorandum of agreement with one or more of the major military commands established in this state would substantially enhance the education or job placement of Georgians in the area of science, technology, engineering, math, or cyber s…

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…

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…

(a) Whenever the Governor deems it to be in the public interest and notwithstanding any inconsistent provision of law, he may: (1) Authorize any department or agency of the state to lease or lend, on such terms and conditions as he may deem necessary to promote the public welfare…

(a) The Governor, or the director of emergency management at the request of the Governor, is authorized to create and establish such number of mobile support units as may be necessary to reinforce emergency management organizations in stricken areas and with due consideration of …

(a)(1) The governing body of each county of this state may establish a local organization for emergency management in accordance with the state emergency management plan and program. If a county fails to establish an organization for emergency management in accordance with the st…

(a) The political subdivisions of the state and other agencies designated or appointed by the Governor are authorized and empowered to make, amend, and rescind such orders, rules, and regulations as may be necessary for emergency management purposes and to supplement the carrying…

(a) The director of each local organization for emergency management, in collaboration with other public and private agencies within this state, may develop or cause to be developed mutual aid arrangements for reciprocal emergency management aid and assistance in case of emergenc…

(a) Whenever the employees of any political subdivision are rendering outside aid pursuant to the authority contained in Code Section 38-3-27, the employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the polit…

(a) Whenever the federal government or any agency or officer thereof offers to the state, or through the state to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of emergency management, the state, …

When any person, firm, or corporation owning or controlling any real estate or other premises authorizes and permits any emergency management agency, board, or other authority of this state or of any political subdivision of this state to use the premises without charge therefor f…

Any person, including anyone in the business of selling or leasing new or used equipment, who provides equipment to the state or to any political subdivision of the state at no cost during an emergency or disaster situation, whether or not officially declared as such, for use in …

qualifications; (a) No person shall be employed or associated in any capacity in any emergency management organization established under Articles 1 through 3 of this chapter who advocates a change by force or violence in the constitutional form of the government of the United Stat…

(a) Except as otherwise provided by subsection (b) of this Code section, all nongovernmental rescue organizations, associations, groups, teams, search and rescue dog teams, or individuals, whether or not they are holders of a charter issued by this state or officers thereof, shal…

(a) As used in this Code section, the term: (1) ‘‘Firearm’’ means any handgun, rifle, shotgun, or similar device or weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge. (2) ‘‘License holder’’ shall have the same meaning as…

During any state of emergency or state of disaster declared by the Governor pursuant to Code Section 38-3-51, Department of Corrections personnel and individuals in their custody and subject to their direction shall be authorized to enter upon private property following such decl…

As used in this article, the term: (1) ‘‘Board’’ means the Board of Homeland Security. (2) ‘‘Center’’ means the Georgia Information Sharing and Analysis Center. (3) ‘‘Critical infrastructure’’ shall have the same meaning as set forth in Code Section 16-11-220. (4) ‘‘Domestic terr…

(a) There is created a Board of Homeland Security that shall, for administrative purposes only, be attached to the Georgia Emergency Management and Homeland Security Agency. (b) The board shall consist of 16 members who shall be as follows: (1) The Governor, ex officio, who shall…

(a) The board shall advise the Governor on: (1) The implementation of the homeland security strategy by state and local agencies and provide specific guidance and counsel for helping those agencies implement the strategy; and (2) All matters related to the planning, development, c…

(a) As used in this Code section, the term: (1) ‘‘Disaster’’ means any happening that causes great harm or damage. (2) ‘‘Emergency’’ means a sudden generally unexpected occurrence or set of circumstances demanding immediate action. (3) ‘‘Emergency interim successor’’ means a pers…

(a) 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 state government at the normal location of the seat thereof in Atlanta, Fulton County, the Governor, …

The General Assembly shall meet at the new location provided for in Code Section 38-3-52 either upon the call of the Governor or, if no call is issued, through the initiative of the members thereof following an emergency or disaster resulting from manmade or natural causes or ene…

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 su…

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 st…

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 em…

(a) The Georgia Emergency Management and Homeland Security Agency shall establish and maintain, in collaboration with all appropriate state agencies and volunteer organizations with emergency support function roles and professional organizations that represent local public safety…

(a) As used in this Code section, the term ‘‘essentials’’ means goods that are consumed or used as a direct result of a state of emergency declared by the Governor or that are consumed or used to preserve, protect, or sustain life, health, safety, or economic well-being. (b) Notw…

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 circ…

(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 authorize…

(a) An authorized judicial official in an order declaring a judicial emergency, or in an order modifying or extending a judicial emergency order, is authorized to suspend, toll, extend, or otherwise grant relief from deadlines or other time schedules or filing requirements imposed…

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 unde…

(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 notice of appeal shall be filed no later than 45 days after the expiratio…

This article shall be known and may be cited as the ‘‘Recognition of Emergency Medical Services Personnel Licensure Interstate Compact (REPLICA).’’ History. — Code 1981, § 38-3-70, enacted by Ga. L. 2017, p. 364, § 1/SB 109; Ga. L. 2018, p. 1112, § 38/SB 365.

Section 1. Purpose. In order to protect the public through verification of competency and ensure accountability for patient care related activities all states license emergency medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs, and param…

This article shall be known and may be cited as the ‘‘Emergency Management Assistance Compact.’’ History. — Code 1981, § 38-3-80, enacted by Ga. L. 1996, p. 497, § 2; Ga. L. 2003, p. 140, § 38.

The Emergency Management Assistance Compact is enacted into law and entered into by the State of Georgia with all other states which adopt the compact in a form substantially as follows: ‘‘EMERGENCY MANAGEMENT ASSISTANCE COMPACT The contracting states solemnly agree that: ARTICLE…

This article shall be known and may be cited as the ‘‘Disaster Volunteer Leave Act.’’ History. — Code 1981, § 38-3-90, enacted by Ga. L. 1998, p. 883, § 1.

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 se…

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 tha…

(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 …

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.

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 Em…

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…