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Georgia Statutes, Title 38

Georgia/Statutes

← All Georgia coverage

Title 38

4 chapters · 373 sections in this title.

All chapters in Title 38373 Ch 2, MILITARY AFFAIRS244 Ch 3, EMERGENCY MANAGEMENT92 Ch 4, VETERANS AFFAIRS35 Ch 1, GENERAL PROVISIONS2

373 sections·Filtered byTitle 38✕

O.C.G.A. § 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
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(a) Any agency of this state or any county official obligated to provide copies or other evidence of the marital, birth, divorce, or death status of persons of this state shall furnish veterans, dependents of deceased veterans, the United States Department of Veterans Affairs, or…
O.C.G.A. § 38-1-2 Political subdivisions authorized to furnish quarters, utilities, and services to nationally recognized veterans’ organizations
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Subject to the direction of the public officer or authority in charge of a building, office, or meeting hall, political subdivisions of this state are authorized to furnish free of charge a building, office, and meeting hall for the exclusive use of the several nationally recogni…
O.C.G.A. § 38-2-1 Short title
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This chapter may be cited as the ‘‘Georgia Military Forces Reorganization Act of 1955.’’ History. — Ga. L. 1955, p. 10, § 2.
O.C.G.A. § 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

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(a) In addition to any other authority provided by the Constitution and laws of this state, the Governor, as commander-in-chief of the organized militia of this state and in accordance with 32 U.S.C. Section 112, may: (1) Authorize or direct the Georgia National Guard to assist a…

O.C.G.A. § 38-2-11 Implementation of federally approved counterdrug law enforcement plans

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(a) The Governor may request National Guard assistance, including but not limited to, personnel, supplies, and equipment, from the governor of another state for the purpose of implementing a federally approved counterdrug law enforcement plan under 32 U.S.C. Section 112. Such Nat…

O.C.G.A. § 38-2-12 Use of National Guard as honor guards for veterans’ funerals

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Subject to the appropriation by the General Assembly of funds for such purpose, the Governor may authorize or direct Georgia National Guard personnel to serve while on state active duty as honor guard detail for veterans’ funerals on appropriate occasions. The adjutant general sh…

O.C.G.A. § 38-2-2 Deﬁnitions

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As used in this chapter, the term: (1) ‘‘Active military service of the United States’’ and ‘‘in the armed forces of the United States’’ mean full-time duty in the army, navy, marine corps, air force, or coast guard of the United States. (2) ‘‘Active service’’ and ‘‘active duty’’…

O.C.G.A. § 38-2-20 Land force; Army National Guard

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The land force of the organized militia shall be the Army National Guard and shall comprise the army units which are a part of the Georgia National Guard, including the personnel who are enlisted, appointed, or commissioned therein. All persons who are members of the Army Nationa…

O.C.G.A. § 38-2-21 Air force; Air National Guard

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The air force of the organized militia shall be the Air National Guard and shall comprise the air units which are a part of the Georgia National Guard, including the personnel who are enlisted, appointed, or commissioned therein. All persons who are members of the Air National Gu…

O.C.G.A. § 38-2-22 Naval force; Naval Militia

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(a) The naval force of the organized militia shall be the Georgia Naval Militia and shall comprise the units and personnel forming the Naval Militia of the state as may be organized, including the personnel who are enlisted, appointed, or commissioned therein. All persons who sha…

O.C.G.A. § 38-2-23 State Defense Force

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The State Defense Force, whenever such a state force shall be duly organized under the Constitutions and laws of the United States and of this state, shall be a force of the organized militia. History. — Ga. L. 1955, p. 10, § 30; Ga. L. 1985, p. 356, § 3.

O.C.G.A. § 38-2-24 Organizational and training guidelines

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The forces of the organized militia shall be organized, armed, disciplined, governed, administered, and trained as prescribed by the laws of the United States and by this chapter and the regulations issued thereunder. History. — Ga. L. 1951, p. 311, § 20; Ga. L. 1955, p. 10, § 31…

O.C.G.A. § 38-2-25 Assemblies; annual training; special duty; active duty; declaration of emergency

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(a) Members and units of the organized militia shall assemble for drill or other equivalent training, instruction, or duties during each year and shall participate in ﬁeld training, encampments, maneuvers, schools, conferences, cruises, or other similar duties each year as may be…

O.C.G.A. § 38-2-26 Maintenance of armories and training facilities for militia units

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Unless the same shall be furnished by the United States, counties, or municipal corporations, the state shall provide armory accommodations, bases, camps, target ranges, and mooring and other facilities and shall maintain the same for units of the Army National Guard, the Air Nat…

O.C.G.A. § 38-2-27 Organization of militia units to conform to federal regulations; Governor’s organizational powers; restrictions on disbanding units

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(a) The Governor shall conform the organization of the Georgia National Guard and the Georgia Naval Militia, including the composition of all units thereof, to the organization of National Guard and Naval Militia units prescribed by the laws of the United States and the regulatio…

O.C.G.A. § 38-2-28 Inactive National Guard; composition

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The inactive National Guard shall consist of the persons commissioned, appointed, or enlisted therein, such officers and enlisted men as may be transferred thereto from the Army National Guard and the Air National Guard, and such persons as may be enlisted therein under the laws …

O.C.G.A. § 38-2-29 Credit for active federal service

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For all purposes under this chapter, members of the organized militia who enter the active military service of the United States in time of war or under a call, order, or draft by the President or who enter and serve on active duty in the military service of the United States in …

O.C.G.A. § 38-2-3 Division and composition of militia; membership of unorganized militia

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(a) The militia of the state shall be divided into the organized militia, the state reserve list, the state retired list, and the unorganized militia. (b) The organized militia shall be composed of: (1) An Army National Guard and an Air National Guard which forces, together with …

O.C.G.A. § 38-2-30 Resumption of membership in organized militia by National Guard personnel on release from active federal service

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Upon their release from the active service of the United States, commissioned officers, warrant officers, and enlisted personnel of the organized militia who have been in the active military service of the United States under call or order into service shall resume their membersh…

O.C.G.A. § 38-2-31 Purchase and issue of military property; emergency purchases; disposal of obsolete property

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(a) Under the direction of the Governor, the adjutant general shall authorize the purchase of such military property as may be required for the use of the organized militia. In extreme emergencies, however, the commanding officer of any force of the organized militia on active se…

O.C.G.A. § 38-2-32 Responsibility for military property or funds; bond; pay deductions for lost or damaged equipment; action by Attorney General to recover damages

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(a) Military property of the state and of the United States shall be issued, safeguarded, maintained, accounted for, inventoried, inspected, surveyed, and disposed of as provided in applicable laws of the United States, regulations issued thereunder, and regulations issued pursua…

O.C.G.A. § 38-2-4 Persons exempted from militia duty; exception

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Persons within this state who are not citizens thereof and resident aliens shall not be liable to militia duty, except in repelling local invasions or suppressing insurrections. History. — Laws 1818, Cobb’s 1851 Digest, p. 367; Code 1863, § 1598; Code 1868, § 1660; Code 1873, § 1…

O.C.G.A. § 38-2-5 Federal call up of militia; Governor’s duties; utilization of unorganized militia; effect of unit’s absence

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When the militia of the state is called into federal service under the Constitution and laws of the United States, the Governor shall order out for service the organized militia or such part thereof as may be necessary; and, if the number available is insufficient, the Governor m…

O.C.G.A. § 38-2-50 Creation or disbandment; organization and administration; commander

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The State Defense Force may be created, established, maintained, or disbanded by the Governor at any time when such action is authorized under federal law. It shall be organized, armed, equipped, disciplined, governed, administered, and trained as prescribed by this chapter and t…

O.C.G.A. § 38-2-51 Authority of Governor

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(a) In order to conform the organization of the State Defense Force to the organization of such state military forces as may be prescribed by the laws of the United States and regulations issued thereunder, the Governor may organize, activate, increase, change, divide, consolidat…

O.C.G.A. § 38-2-52 Detail of officers from retired and reserve lists and National Guard to State Defense Force

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(a) Upon the recommendation of the adjutant general, the Governor may order any officer on the state reserve list or on the state retired list to active duty with the State Defense Force, in which case the officer shall rank in his grade from the date of the order. The officer ma…

O.C.G.A. § 38-2-53 Detail of National Guard enlisted personnel to State Defense Force

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Enlisted persons of the Georgia National Guard may be detailed by the adjutant general to duty with the State Defense Force or any unit, headquarters, staff, or cadre thereof; and such persons may be relieved from such detail in the discretion of the adjutant general. History. — …

O.C.G.A. § 38-2-54 Duties, privileges, and immunities

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All duties imposed by the military law or other statutes of the state or by regulations issued thereunder upon units, commissioned officers, warrant officers, and enlisted personnel of the organized militia are imposed upon the units, commissioned officers, warrant officers, and …

O.C.G.A. § 38-2-55 Use and operation of state property

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Serving members of the State Defense Force are authorized to use and operate state property of the Georgia Department of Defense and other state agencies, including without limitation vehicles, as may be necessary for the accomplishment of training and fulﬁllment of assigned miss…

O.C.G.A. § 38-2-6 Ordering organized militia into active state service; Governor’s duties; local officials’ duties; declaration of state of emergency; pay

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(a) The Governor shall have power, in case of invasion, disaster, insurrection, riot, breach of the peace, combination to oppose the enforcement of the law by force or violence, or imminent danger thereof, or other grave emergency, to order all or any part of the organized militi…

O.C.G.A. § 38-2-6.1 Request by Governor for members to report for active duty without ﬁrst having declared an emergency

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The Governor is authorized and empowered to request individual members of the Georgia National Guard, with their consent, to report for duty into the active service of the state for the performance of any official duty in connection with National Guard activities without ﬁrst hav…

O.C.G.A. § 38-2-7 Declaration of martial rule; area encompassed speciﬁcally designated

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Whenever any portion of the organized militia is employed pursuant to Code Section 38-2-6, the Governor, if in his judgment the maintenance of law and order will thereby be promoted, may declare by proclamation the area in which the troops are serving, or any speciﬁed portion the…

O.C.G.A. § 38-2-70 Organizations from unorganized militia; applicable regulations; enlistment and volunteers

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To the extent permitted by the Constitution and laws of the United States, the Governor may: (1) Order into active state service, recognize existing, or authorize the establishment of organizations of the unorganized militia, of designated classes thereof, or of volunteers theref…

O.C.G.A. § 38-2-71 Registration of members of unorganized militia

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Whenever he shall deem it necessary, the Governor may direct the members of the unorganized militia to present themselves for and submit to registration at such time and place and in such manner as may be prescribed by regulations issued pursuant to Code Section

O.C.G.A. § 38-2-72 Volunteers or draftees from unorganized militia serving in organized militia; draft of unorganized militia; compensation and duration of duty

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(a) Whenever it is necessary in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence, or imminent danger thereof, or whenever it is necessary to maintain the organized militia or any force th…

O.C.G.A. § 38-2-73 Failure to appear for registration or draft; penalty

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(a) It shall be unlawful for any member of the unorganized militia who is ordered to register or to be drafted under Code Sections 38-2-71 and 38-2-72 to fail to appear at the time and place designated in such order. (b) Any person who commits the offense described in subsection …

O.C.G.A. § 38-2-9 State retired list; officers; enlisted persons; grade upon transfer to list; return to active duty; computation of time

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(a) Any member of the organized militia who has reached the age of 64 years may be retired for the reason of age and transferred to the state retired list by the Governor. A member may be retired for reason of age and transferred to the state retired list by the Governor before r…

O.C.G.A. § 38-2-90 Service outside state; application of state military law to such service

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(a) The Governor may order the organized militia or any part thereof to serve outside the borders of the state or of the United States in order to perform military duty of every description; to participate in parades, reviews, cruises, conferences, encampments, maneuvers, or othe…

O.C.G.A. § 38-2-91 Rendering assistance to another state’s armed forces; Governor’s request and recall; requesting assistance for this state

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(a) Upon the request of the governor of another state, the Governor in his discretion may order all or any portion of the organized militia to assist the military or police forces of the other state who are actually engaged in defending the other state. Such forces may be recalle…

O.C.G.A. § 38-2-92 Fresh pursuit into or beyond state; surrender; surrender not waiver of extradition

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(a) Any organization, unit, or detachment of the organized militia, upon order of the officer in immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs, enemies, or enemy forces beyond the borders of this state into another state until they are ap…

O.C.G.A. § 38-2-93 Compacts for military aid authorized

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(a) The Governor is authorized to enter into, amend, supplement, and implement agreements or compacts with the executive authorities of other states providing for mutual military aid and matters incidental thereto, in case of invasion or other hostile action, disaster, insurrecti…

O.C.G.A. § 38-2-110 Governor as militia commander in chief; issuance and effect of regulations

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The Governor shall be the commander in chief of the militia of the state. The Governor is authorized to issue regulations for the government of the militia. Regulations issued by the Governor shall have the same force and effect as this chapter, but they shall conform to the laws…

O.C.G.A. § 38-2-111 Personal aides-de-camp; appointment; commissions; length of service; duties

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The Governor’s personal staff shall consist of one chief of aides-de-camp, with rank of brigadier general; two assistant chiefs of aides-de-camp, with rank of colonel; all other aides-de-camp shall be appointed with the rank of lieutenant colonel. The selection of aides-de-camp s…

O.C.G.A. § 38-2-112 Naval advisor and aide-de-camp; requirements; length of service

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The Governor shall appoint a naval advisor and aide-de-camp, with the rank of captain. No person shall be eligible to hold the office of naval advisor unless he has held a commission in the United States naval service of the rank of lieutenant commander or above and has served no…

O.C.G.A. § 38-2-130 Creation; executive head; deﬁnition

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There shall be an agency of the state government to be known as the Department of Defense of the State of Georgia which shall be composed of the military agency as provided in the laws of this state. The adjutant general shall be the executive head of the Department of Defense. H…

O.C.G.A. § 38-2-131 Military division authorized; executive head; deﬁnition

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There shall be within the Department of Defense, as a division thereof, a state military agency which shall be styled and known as the ‘‘Military Division, Department of Defense’’ with the adjutant general as the executive head thereof. History. — Ga. L. 1951, p. 311, § 7; Ga. L.…

O.C.G.A. § 38-2-132 Administration of militia and Department of Defense; personnel; State Personnel Board

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The militia of the state shall be commanded and its affairs administered pursuant to law by the Governor, as commander in chief, through the Department of Defense and the military division thereof which shall consist of the adjutant general, two assistant adjutants general, and s…

O.C.G.A. § 38-2-150 Adjutant general — Eligibility; appointment; compensation; bond

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There shall be an adjutant general of the state who shall be appointed by the Governor for a term concurrent with the term of the Governor appointing such person and who shall serve as such at the pleasure of the Governor. The adjutant general shall have not less than the rank of…

O.C.G.A. § 38-2-151 Adjutant general — Duties; records; seal; effect of seal on documentary evidence

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(a) The adjutant general shall be chief of staff to the Governor and subordinate only to the Governor in matters pertaining to the Department of Defense and the military and naval affairs of the state. (b) Whenever the Governor and those who would act in succession to him under t…

O.C.G.A. § 38-2-152 Assistant adjutants general; eligibility; appointment; duties; compensation; tenure

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(a) The Governor shall appoint an assistant adjutant general for army and an assistant adjutant general for air to assist the adjutant general in the discharge and performance of his or her duties. Each of the assistant adjutants general, at the time of appointment, shall be a fe…