Governor's Emergency Management Powers and Duties

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  6. Governor's Emergency Management Powers and Duties

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  1. 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 emergency beyond local control, may assume direct operational control over all or any part of the emergency management functions within this state.
  2. In performing his duties under Articles 1 through 3 of this chapter, the Governor is further authorized and empowered:
    1. To make, amend, and rescind the necessary orders, rules, and regulations to carry out the provisions of Articles 1 through 3 of this chapter with due consideration to the plans of the federal government;
    2. To prepare a comprehensive plan and program for emergency management in this state, such plan and program to be integrated into and coordinated with the emergency management and preparedness plans of the federal government and of other states to the fullest possible extent; and to coordinate the preparation of plans and programs for emergency management by the political subdivisions of this state, such plans to be integrated into and coordinated with the emergency management plan and program of this state to the fullest possible extent;
    3. In accordance with the plan and program for emergency management in this state, to ascertain the requirements of the state or the political subdivisions thereof for food, clothing, and other necessities of life, in the event of a manmade or natural emergency or disaster, or enemy attack; to plan for and procure supplies, medicines, materials, and equipment, and to use and employ from time to time any of the property, services, and resources within the state for the purposes set forth in Articles 1 through 3 of this chapter; to make surveys of the industries, resources, and facilities within the state as are necessary to carry out the purposes of Articles 1 through 3 of this chapter; to institute training programs and public information programs, to take all other preparatory steps including the partial or full mobilization of emergency management organizations in advance of actual emergency or disaster, and to ensure the furnishing of adequately trained and equipped forces of emergency management personnel in time of need;
    4. To coordinate with the President, the heads of the armed forces, the agency or officers responsible for emergency management and defense of the United States, and the officers and agencies of other states, matters pertaining to emergency management in the state and nation and the incidents thereof; and in connection therewith, to take any measures which he may deem proper to carry into effect any request of the President and the appropriate federal officers and agencies for any action looking to emergency management, including the direction or control of emergency management exercises he deems necessary and appropriate for operational capability;
    5. To take such action and give such directions to state and local law enforcement officers and agencies as may be reasonable and necessary for the purpose of securing compliance with Articles 1 through 3 of this chapter and with the orders, rules, and regulations made pursuant thereto;
    6. To employ such measures and give such directions to the Department of Public Health and local boards of health as may be reasonably necessary for the purpose of securing compliance with Articles 1 through 3 of this chapter or with the findings or recommendations of the Department of Public Health and local boards of health by reason of conditions arising from emergencies or disasters, manmade or natural, or the threat of enemy attack or otherwise;
    7. To utilize the services and facilities of existing offices and agencies of the state and of the political subdivisions thereof; and all such offices and agencies shall cooperate with and extend their services and facilities to the Governor as he may request;
    8. To establish agencies and offices and to appoint executive, technical, clerical, and other personnel as may be necessary to carry out the provisions of Articles 1 through 3 of this chapter including, with due consideration to the recommendations of the local authorities, full-time state and regional area or field coordinators;
    9. To delegate any authority vested in him under Articles 1 through 3 of this chapter;
    10. On behalf of this state to enter into reciprocal aid agreements or compacts with other states and the federal government, either on a state-wide basis or local political subdivision basis or with a neighboring state. Such mutual aid arrangements shall include but not be limited to the furnishing or exchange of food, clothing, medicine, and other supplies; engineering services; emergency housing; police services; national or state guards while under the control of the state; health, medical, and related services; fire-fighting, rescue, transportation, and construction services and equipment; personnel necessary to provide or conduct these services; such other supplies, equipment, facilities, personnel, and services as may be needed; the reimbursement of costs and expenses for equipment, supplies, personnel, and similar items for mobile support units; and fire-fighting, police, and health units on such terms and conditions as are deemed necessary; and
    11. To sponsor and develop mutual aid plans and agreements between the political subdivisions of the state, similar to the mutual aid arrangements with other states referred to in paragraph (10) of this subsection.
  3. In addition to the emergency and disaster prevention measures included in the state and local emergency management plans, the Governor shall be empowered to make such studies, surveys, or analyses of potential emergency or disaster areas of the state as he deems necessary, both public and private, to prevent or reduce the harmful consequences of emergencies or disasters resulting from manmade or natural causes or from enemy attack; and to develop or cause to be developed measures to reduce the harmful consequences indicated in the studies, surveys, or analyses.

(Ga. L. 1951, p. 224, § 6; Ga. L. 1973, p. 74, § 3; Ga. L. 1981, p. 389, § 2; Ga. L. 1982, p. 3, § 38; Ga. L. 1992, p. 1258, § 4; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214; Ga. L. 2016, p. 91, § 7/SB 416.)

The 2011 amendment, effective July 1, 2011, twice substituted "Department of Public Health" for "Department of Community Health" in paragraph (b)(6).

The 2016 amendment, effective July 1, 2016, inserted "and Homeland Security" near the beginning of subsection (a).

Cross references.

- Governor's power to postpone or extend qualifying periods for election during state of emergency, § 21-2-50.1.

Cooperation between Georgia and other states generally, T. 28, C. 6.

Further provisions regarding emergency powers of Governor, §§ 38-2-6,38-3-51,45-12-29 et seq.

Law reviews.

- For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).

OPINIONS OF THE ATTORNEY GENERAL

Governor's authority.

- Designated local officials have the authority to require evacuation of citizens during a local emergency, but the Governor may exercise the Governor's authority over such an evacuation if the Governor believes the emergency is beyond local control or constitutes a "state of emergency." 1983 Op. Att'y Gen. No. 83-60.

Governor has authority to make the commitments specified in a hazard mitigation clause to be added by amendment to the Continuing Federal-State Agreement for Emergencies. 1980 Op. Att'y Gen. No. 80-93.

Delegation of responsibilities.

- Governor and director of civil defense (now emergency management) may delegate to the director (now commissioner) of the Board of Offender Rehabilitation their responsibilities with respect to emergency management. 1962 Op. Att'y Gen. p. 29.

Establishment of local organizations authorized.

- Governor has legal authority to authorize and direct the governing officials of the various counties to establish a local emergency management organization. 1962 Op. Att'y Gen. p. 27.

Registration of civilian aircraft authorized.

- Statute is a sufficient delegation of authority to warrant the issuance of a regulation requiring the registration of civilian aircraft. 1950-51 Op. Att'y Gen. p. 353 (see O.C.G.A. § 38-3-22).


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