Mobile Support Units; Organization; Rights, Powers, Duties, Privileges, Immunities, and Compensation, of Employees; Reimbursement to Localities and Out-of-State Units; Service Out of State

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  6. Mobile Support Units; Organization; Rights, Powers, Duties, Privileges, Immunities, and Compensation, of Employees; Reimbursement to Localities and Out-of-State Units; Service Out of State

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  1. 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 the plans of the federal government and of other states. He shall appoint a commander for each unit who shall have primary responsibility for the organization, administration, and operation of the unit. Mobile support units shall be called to duty upon orders of the Governor or the director and shall perform their functions in any part of the state or, upon the conditions specified in this Code section, in other states.
  2. Personnel of mobile support units while on duty, whether within or outside the state, shall:
    1. If they are employees of the state, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to their employment;
    2. If they are employees of a political subdivision of the state and, whether serving within or outside the political subdivision, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to their employment; and
    3. If they are not employees of the state or a political subdivision thereof, be entitled to adequate compensation incidental to their employment by the state for their services and to the same rights and immunities as are provided by law for the employees of this state. All personnel of mobile support units, while on duty, shall be subject to the operational control of the authority in charge of emergency management activities in the area in which they are serving and shall be reimbursed for all actual and necessary travel and subsistence expenses.
  3. The state shall reimburse a political subdivision for the compensation paid and actual and necessary travel, subsistence, and maintenance expenses of employees of the political subdivision while serving as members of a mobile unit; for all payments for death, disability, or injury of the employees incurred in the course of such duty; and for all losses of or damage to supplies and equipment of the political subdivision resulting from the operation of the mobile support unit.
  4. Whenever a mobile support unit of another state shall render aid in this state pursuant to the orders of the governor of its home state and upon the request of the Governor of this state, this state shall reimburse the other state for the compensation paid and actual and necessary travel, subsistence, and maintenance expenses of the personnel of the mobile support unit while rendering the aid; for all payments for death, disability, or injury of the personnel incurred in the course of rendering the aid; and for all losses of or damage to supplies and equipment of the other state or a political subdivision thereof resulting from the rendering of the aid; provided, however, that the laws of such other state contain provisions substantially similar to this Code section or that provisions to the foregoing effect are embodied in a reciprocal mutual aid agreement or compact or that the federal government has authorized or agreed to make reimbursement for the mutual aid as above provided.
  5. No personnel of mobile support units of this state shall be ordered by the Governor to operate in any other state unless the laws of the other state contain provisions substantially similar to this Code section, or unless the reciprocal mutual aid agreements or compacts include provisions providing for the reimbursement, or unless the reimbursement will be made by the federal government by law or agreement.

(Ga. L. 1951, p. 224, § 11; Ga. L. 1973, p. 74, § 7; Ga. L. 1981, p. 389, § 2.)

OPINIONS OF THE ATTORNEY GENERAL

Units for use only on call of Governor or director.

- Statute does not contemplate the use of equipment and personnel of mobile support units as adjunctions to city and county fire and police departments for training purposes, or otherwise except in "stricken areas" and upon call of the Governor or director. 1954-56 Op. Att'y Gen. p. 63. (see O.C.G.A. § 38-3-26).

Volunteers not subject to Ch. 9, T. 34. - Volunteer emergency management workers who do not receive compensation for their work are not subject to the Workers' Compensation Act (see O.C.G.A. Ch. 9, T. 34). 1962 Op. Att'y Gen. p. 611.


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