"Essentials" Defined; System to Facilitate Transport and Distribution; Certification

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  7. "Essentials" Defined; System to Facilitate Transport and Distribution; Certification

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  1. 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.
  2. Notwithstanding Code Section 38-3-56, the Georgia Emergency Management and Homeland Security Agency shall establish a state-wide system to facilitate the transport and distribution of essentials in commerce during a state of emergency declared by the Governor for the purpose of meeting the needs of the residents of this state during such an emergency and to ensure the continuing economic resilience of communities impacted by such an emergency.
  3. In conformance with subsection (b) of this Code section, such system shall provide for a certification of organizations and business entities that facilitate, or are likely to facilitate, the transport or distribution of essentials where such certification shall apply to all employees or agents of such organizations and business entities who, as designated by such organizations and business entities, are employed to facilitate the transport or distribution of essentials. In providing for such certification, the Georgia Emergency Management and Homeland Security Agency:
    1. May provide for a preemergency or postemergency certification;
    2. May rely on information provided for by bona fide employers in this state about the jobs performed by their employees relating to essentials;
    3. Shall create easily recognizable indicia of certification to assist the efforts of local officials in determining the employees and agents of such organizations and business entities which are certified pursuant to this Code section; and
    4. May provide for an electronic certification process and an electronic distribution of the recognizable indicia of certification.
  4. Except as provided for in this Code section, the Georgia Emergency Management and Homeland Security Agency shall not require any organization, business entity, or individual to obtain any additional certification or to fulfill any additional requirement to transport or distribute essentials in commerce during a state of emergency declared by the Governor.
  5. Notwithstanding any established curfew, a designated employee or agent of an organization or business entity certified pursuant to this Code section may enter or remain in a curfew area beyond the restrictions of the curfew for the limited purpose of facilitating the transport or distribution of essentials. Nothing in this Code section shall be construed to prohibit the Georgia Emergency Management and Homeland Security Agency or local officials from specifying a permissible route of ingress or egress or from denying access to an area in order to preserve, protect, or sustain the life, health, safety, or economic well-being of a person or property or from granting access as otherwise deemed necessary.
    1. The Georgia Emergency Management and Homeland Security Agency may suspend or revoke certification granted pursuant to this Code section as a result of any violation or abuse of this certification. If the suspension is based on a reported violation or abuse, the Georgia Emergency Management and Homeland Security Agency shall investigate the reported violation or abuse in a timely manner.
    2. If the Georgia Emergency Management and Homeland Security Agency suspends or revokes a certification, such agency shall communicate the cause of the suspension or revocation to the certified organization or business entity as provided for in subsection (c) of this Code section. If the suspension is based on a reported violation, the Georgia Emergency Management and Homeland Security Agency shall investigate the reported violation in a timely manner to determine whether the reported violation occurred.

(Code 1981, §38-3-58, enacted by Ga. L. 2017, p. 740, § 1/HB 405.)

Law reviews.

- For annual survey on administrative law, see 69 Mercer L. Rev. 15 (2017).

PART 2 JUDICIAL EMERGENCY

Cross references.

- War on Terrorism Local Assistance, T. 36, C. 75.

Court security and emergency operations, Ga. Unif. Super. Ct. 45.

Practicing law when emergencies impact justice system, Ga. S. Ct. 121.

Editor's notes.

- Ga. L. 2004, p. 420, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Judicial Emergency Act of 2004.'"

Ga. L. 2004, p. 420, § 2, not codified by the General Assembly, provides that: "The General Assembly finds that the proper functioning of this state's judicial system is essential to the administration of justice. Further, the General Assembly finds that our courts are subject to being disrupted and the rights of the people are subject to being denied in the event of certain attacks or emergencies, whether natural or man-made in origin. The General Assembly finds that it is in the best interests of the proper functioning of the courts and, ultimately, of the people, to provide our judicial system with a means by which to adjust certain rights, deadlines, and schedules to take into account the potentially devastating effects of a judicial emergency."


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