Bill Text: GA SB18 | 2011-2012 | Regular Session | Comm Sub
Bill Title: State Defense Force; rights of public officers, employees; remove restrictions
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-09 - Senate Recommitted [SB18 Detail]
Download: Georgia-2011-SB18-Comm_Sub.html
11 LC 28
5452S
The
Senate Veterans, Military, and Homeland Security Committee offered the following
substitute to SB 18:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 3 of Article 1 of Chapter 2 of Title 38 of the Official Code of
Georgia Annotated, relating to the State Defense Force, so as to remove the
restrictions regarding the right of public officers and employees to be absent
for service on the State Defense Force and regarding reemployment rights of
persons after service on the State Defense Force; to provide that active members
of the Civil Air Patrol who are taking part or engaged in official emergency
services missions shall have the same rights, privileges, and immunities as
members of the State Defense Force; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
3 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia
Annotated, relating to the State Defense Force, is amended by revising Code
Section 38-2-54, relating to duties, privileges, and immunities of members of
the State Defense Force, as follows:
"38-2-54.
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 enlisted personnel,
respectively, of the State Defense Force. All rights, privileges, and
immunities conferred by the military law or other statutes of the state or by
regulations issued thereunder upon the units, commissioned officers, warrant
officers, and enlisted personnel of the Georgia National Guard or of the
organized militia are conferred upon the units, commissioned officers, warrant
officers, and enlisted personnel, respectively, of the State Defense Force
and active
members of the Civil Air Patrol who are taking part or engaged in official
emergency services missions except as
otherwise prescribed in this
chapter;
provided, however, that the provisions of Code Sections 38-2-279 and 38-2-280
shall not be applicable to personnel of the State Defense
Force. Such rights, privileges, and
immunities include relief from civil or criminal liability for acts done while
on duty; rights to pay, allowances, and other compensation; expenses and
subsistence; arms, uniforms, and equipment; provision, maintenance, use, and
control of armories; eligibility to appointment on the military staff of the
Governor; exemption from civil process and from jury duty; right of way; right
to wear the uniform and to parade with firearms; and all other rights,
privileges, and immunities created by statute or custom not hereinbefore
specifically enumerated."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.