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1-2-6
8-3-202
10-1-100
10-1-101
10-1-439
10-1-439.1
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10-1-439.3
10-1-439.4
12-3-9
12-3-10
12-3-10.1
12-3-11
15-9-60
15-11-601
16-1-3
16-1-10
16-3-1
16-3-21
16-3-22
16-3-23
16-3-23.1
16-3-24
16-3-24.1
16-3-24.2
16-7-21
16-11-34.1
16-11-38
16-11-101
16-11-101.1
16-11-102
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16-11-105
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16-11-109
16-11-113
16-11-120
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16-11-122
16-11-123
16-11-124
16-11-125
16-11-125.1
16-11-126
16-11-127
16-11-127.1
16-11-127.2
16-11-128
16-11-129
16-11-130
16-11-130.1
16-11-130.2
16-11-131
16-11-132
16-11-133
16-11-134
16-11-135
16-11-136
16-11-137
16-11-138
16-11-150
16-11-151
16-11-152
16-11-160
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16-11-162
16-11-171
16-11-172
16-11-173
16-12-122
16-12-123
16-12-127
16-12-128
16-12-129
16-13-21
16-13-25
16-13-26
16-13-27
16-13-27.1
16-13-28
16-13-29
17-5-50
17-5-51
17-5-52
17-5-52.1
17-5-53
17-10-3
21-2-2
21-2-413
27-1-36
27-1-38
27-3-1.1
27-3-6
27-3-7
27-4-11.1
33-24-30.1
35-3-34
37-1-1
38-2-194
38-2-277
38-2-301
38-3-37
38-3-51
41-1-9
42-4-13
42-5-15
43-38-10
50-18-70
50-18-71
50-18-72
50-18-73
50-18-74
51-11-9
Found In LexisNexis by searching for "38-3-51" or in the TOC under:
Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS
Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS
Article 3 - EMERGENCY POWERS
Part 1 - GOVERNOR
The code sections are all Copyright © 2017 by The State of Georgia
O.C.G.A.§ 38-3-51
Emergency powers of Governor; termination of emergency; limitations in energy emergency; immunity
(a) In the event of actual or impending emergency or disaster of natural or
human origin, or pandemic influenza emergency, or impending or actual enemy
attack, or a public health emergency, within or affecting this state or against
the United States, the Governor may declare that a state of emergency or
disaster exists. As a condition precedent to declaring that a state of emergency
or disaster exists as a result of a public health emergency, the Governor shall
issue a call for a special session of the General Assembly pursuant to Article
V, Section II, Paragraph VII of the Constitution of Georgia, which session shall
convene at 8:00 A.M. on the second day following the date of such declaration
for the purpose of concurring with or terminating the public health emergency.
The state of emergency or disaster shall continue until the Governor finds that
the threat or danger has passed or the emergency or disaster has been dealt
with, to the extent that emergency or disaster conditions no longer exist, and
terminates the state of emergency or disaster. No state of emergency or disaster
may continue for longer than 30 days unless renewed by the Governor. The General
Assembly by concurrent resolution may terminate a state of emergency or disaster
at any time. Thereupon, the Governor shall by appropriate action end the state
of emergency or disaster.
(b) A declaration of a state of emergency or disaster shall activate the
emergency and disaster response and recovery aspects of the state and local
emergency or disaster plans applicable to the political subdivision or area in
question and shall be authority for the deployment and use of any forces to
which the plan or plans apply and for use or distribution of any supplies,
equipment, and materials and facilities assembled, stockpiled, or arranged to be
made available pursuant to Articles 1 through 3 of this chapter or any other law
relating to emergencies or disasters.
(c) The Governor shall have and may exercise for such period as the state of
emergency or disaster exists or continues the following additional emergency
powers:
(1) To enforce all laws, rules, and regulations relating to
emergency management and to assume direct operational control of all civil
forces and helpers in the state;
(2) To seize, take for temporary use, or condemn property for the
protection of the public in accordance with condemnation proceedings as provided
by law;
(3) To sell, lend, give, or distribute all or any such property
among the inhabitants of the state and to account to the proper agency for any
funds received for the property; and
(4) To perform and exercise such other functions, powers, and
duties as may be deemed necessary to promote and secure the safety and
protection of the civilian population.
(d) In addition to any other emergency powers conferred upon the Governor by
law, he may:
(1) Suspend any regulatory statute prescribing the procedures for
conduct of state business, or the orders, rules, or regulations of any state
agency, if strict compliance with any statute, order, rule, or regulation would
in any way prevent, hinder, or delay necessary action in coping with the
emergency or disaster;
(2) Utilize all available resources of the state government and of
each political subdivision of the state as reasonably necessary to cope with the
emergency or disaster;
(3) Transfer the direction, personnel, or functions of state
departments and agencies or units thereof for the purpose of performing or
facilitating emergency services;
(4) Commandeer or utilize any private property if he finds this
necessary to cope with the emergency or disaster;
(4.1) Compel a health care facility to provide services or the use
of its facility if such services or use are reasonable and necessary for
emergency response. The use of such health care facility may include
transferring the management and supervision of the health care facility to the
Department of Public Health for a limited or unlimited period of time not
extending beyond the termination of the public health emergency;
(5) Direct and compel the evacuation of all or part of the
population from any stricken or threatened area within the state if he deems
this action necessary for the preservation of life or other disaster mitigation,
response, or recovery;
(6) Prescribe routes, modes of transportation, and destinations in
connection with evacuation;
(7) Control ingress and egress to and from a disaster area, the
movement of persons within the area, and the occupancy of premises therein;
(8) Suspend or limit the sale, dispensing, or transportation of
alcoholic beverages, explosives, or combustibles; provided, however, that for
purposes of this paragraph, the terms "explosives" and "combustibles" shall not
include firearms or ammunition or any component thereof; and
(9) Make provision for the availability and use of temporary
emergency housing.
(e) When the available funds are not sufficient for the purpose of paying the
expenses incident to carrying out the provisions authorized by Articles 1
through 3 of this chapter, the Governor may transfer from any available fund in
the state treasury such sum as may be necessary to meet the emergency or
disaster; and the moneys so transferred shall be repaid to the fund from which
transferred when moneys become available for that purpose by legislative
appropriation or otherwise.
(f) In the event that the Governor proclaims an emergency or disaster, as
defined by Articles 1 through 3 of this chapter, to be a catastrophe within the
meaning of Article III, Section IX, Paragraph VI(b) of the Constitution of the
state, the funds referred to in the paragraph may be utilized by the Governor
for the purpose of carrying out the provisions authorized by Articles 1 through
3 of this chapter.
(g) In the event that the Governor proclaims an emergency or disaster, as
defined in Articles 1 through 3 of this chapter, the Governor may provide
welfare benefits to the citizens of this state in the form of grants to meet
disaster related necessary expenses or serious needs of individuals or families
adversely affected by an emergency or disaster in those cases where the
individuals or families are unable to meet the expenses or needs from other
means, provided that such grants are authorized only when matching federal funds
are available for such purposes pursuant to the Disaster Relief Act of 1974
(Pub. L. 93-288).
(h) If the Governor declares a state of emergency solely because of an energy
emergency, he shall not have the authority to:
(1) Seize, take for temporary use, or condemn property other than
energy resources as authorized by paragraph (2) of subsection (c) of this Code
section;
(2) Sell, lend, give, or distribute property other than energy
resources as authorized by paragraph (3) of subsection (c) of this Code section;
or
(3) Commandeer or utilize property other than energy resources as
authorized by paragraph (4) of subsection (d) of this Code section.
(i) (1) The Governor may direct the Department of Public Health to coordinate
all matters pertaining to the response of the state to a public health emergency
including without limitation:
(A) Planning and executing public health
emergency assessments, mitigation, preparedness response, and recovery for the
state;
(B) Coordinating public health emergency
responses between state and local authorities;
(C) Collaborating with appropriate federal
government authorities, elected officials of other states, private
organizations, or private sector companies;
(D) Coordinating recovery operations and
mitigation initiatives subsequent to public health emergencies;
(E) Organizing public information activities
regarding state public health emergency response operations; and
(F) Providing for special identification for
public health personnel involved in a public health emergency.
(2) The following due process procedures shall be applicable to any
quarantine or vaccination program instituted pursuant to a declaration of a
public health emergency:
(A) Consonant with maintenance of appropriate
quarantine rules, the department shall permit access to counsel in person or by
such other means as practicable that do not threaten the integrity of the
quarantine;
(B) An order imposing a quarantine or a
vaccination program may be appealed but shall not be stayed during the pendency
of the challenge. The burden of proof shall be on the state to demonstrate that
there exists a substantial risk of exposing other persons to imminent danger.
With respect to vaccination, the state's burden of proof shall be met by clear
and convincing evidence. With respect to quarantine, the state's burden of proof
shall be met by a preponderance of the evidence;
(C) An individual or a class may challenge the
order before any available judge of the superior courts in the county where the
individual or a member of the class resides or in Fulton County. Such judge,
upon attestation of the exigency of the circumstances, may proceed ex parte with
respect to the state or may appoint counsel to represent the interests of the
state or other unrepresented parties. The judge hearing the matter may
consolidate a multiplicity of cases or, on the motion of a party or of the
court, proceed to determine the interests of a class or classes. The rules of
evidence applicable to civil cases shall be applied to the fullest extent
practicable taking into account the circumstances of the emergency. All parties
shall have the right to subpoena and cross-examine witnesses, but in enforcement
of its subpoena powers the court shall take into account the circumstances of
the emergency. All proceedings shall be transcribed to the extent practicable.
Filing fees shall be waived and all costs borne by the state;
(D) The judge hearing the matter may enter an
appropriate order upholding or suspending the quarantine or vaccination order.
With respect to vaccination, the order may be applicable on notice to the
department or its agents administering the vaccination, or otherwise in the
court's discretion. With respect to quarantines, the order shall be
automatically stayed for 48 hours;
(E) The department or any party may immediately
appeal any order to the Supreme Court pursuant to paragraph (7) of subsection
(a) of Code Section 5-6-34. The Supreme Court, or any available Justice thereof
in the event that circumstances render a full court unavailable, shall consider
the appeal on an expedited basis and may suspend any time requirements for the
parties to file briefs. In the event no Justice is available, then a panel of
the Court of Appeals, or any Judge thereof in the event that circumstances
render a panel unavailable, shall consider the appeal on an expedited basis and
may suspend any time requirements for the parties to file briefs. If the trial
judge has proceeded ex parte or with counsel appointed for the state, the trial
court shall either direct the filing of an appeal in its order or itself certify
the order for appeal. Filing fees for appeal shall be waived, all costs shall be
borne by the state, and such appeals shall be heard expeditiously; and
(F) No provisions of this paragraph shall be
construed to limit or restrict the right of habeas corpus under the laws of the
United States.
(j) Any individual, partnership, association, or corporation who acts in
accordance with an order, rule, or regulation entered by the Governor pursuant
to the authority granted by this Code section will not be held liable to any
other individual, partnership, association, or corporation by reason thereof in
any action seeking legal or equitable relief.
HISTORY:
Ga. L. 1951, p. 224, § 7; Ga. L. 1973, p. 74, § 4; Ga. L. 1974, p. 558, § 1; Ga. L. 1975, p. 1551, § 1; Ga. L. 1977, p. 192, §§ 2, 3; Ga. L. 1981, p. 389, § 2; Ga. L. 1983, p. 3, § 59; Ga. L. 2002, p. 1386, §§ 12-15; Ga. L. 2009, p. 184, § 4/HB 217; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 701, § 1/HB 339; Ga. L. 2011, p. 705, § 6-3/HB 214; Ga. L. 2014, p. 599, § 2-3/HB 60.