Georgia Civil Defense Act of 1951

L
GEORGIA CIVIL DEFENSE ACT
0/ 1951
Reprinted June, 1966 to include all Amendments to this date.

A BILL
To be entitled An Act relating to the establishment of a civil defense agency and other organizations for civil defense within this State; granting certain executive powers with respect thereto and for other and related purposes.
BE IT E ACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
Section 1. SHORT TITLE. This Act may be cited as the "Georgia Civil Defense Act of 1951."
Section 2. POLICY AND PURPOSE. (a) Because of the existing and increasing possibility of the occurrence of disasters or emergencies of unprecedented size and destructiveness resulting from enemy attack, sabotage or other hostile action, and in order to insure that preparations of this State will be adequate to deal with such disasters or emergencies, and generally to provide for the common defense and to protect the public peace, health, and safety, and to preserve the lives and property of the people of the State of Georgia, it is hereby found and declared to be necessary: (1) to create a State Civil Defense Agency, and to authorize the creation of local organizations for civil defense in the political subdivisions of the State; (2) to confer upon the Governor and upon the executive heads the emergency powers provided herein; and (3) to provide for the rendering of mutual aid among the political subdivisions of the State, and with other States, and with the Federal Government with respect to the carrying out of civil def~n functions; and (4) to authorize the establishment of such organizations and the taking of such steps as are necessary and appropriate to carry out the provisions of this Act.
(b) It is further declared to be the purpose of this Act and the policy of the State of Georgia that all civil defense functions of this State be coordinated to the maximum extent with the comparable functions of the Federal Government including its various departments and agencie , of other States and localities, and of private agencies of every type, to the end that the most effective preparation and use may be made of the ation's manpower, resources, and facilities for dealing with any disaster that may occur.
Section 3. DEFI ITIO . As used in this Act Defense" shall mean the preparation for and the car
1

emergency functions, other than functions for which military forces or other Federal agencies are primarily responsible, to prevent, minimize, and repair injury and damage- resulting from disasters caused by enemy attack, sabotage, or other hostile action, or by fire, Bood, or other causes.. These functions include, without limitation, fire-fighting services, police services, medical and health services, rescue, engineering, air raid warning services, communications, defense from radiological, chemical and other special weapons, evacuation of persons from stricken areas, emergency weHare services (civilian war aid), emergency transportation, plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions.
Section 4. STATE CIVIL DEFENSE AGENCY. (a) There is hereby created within the Department of Public Defense of the State Government, as a division thereof, a State Civil Defense Agency which will be styled and known as the "Civil Defense Division, Department of Public Defense," (hereinafter called the "Civil Defense Division"), with a Director of Civil Defense who shall be the head thereof. The Adjutant General as the executive head of the Department of Public Defense shall be the Director of Civil Defense, (hereinafter called "The Director").
(b) The Governor shall appoint a Deputy Director of Civil Defense to assist the Director in the discharge and performance of his duties and in the event of a temporary vacancy in the office of Director ?f Civil Defense, or in his absence or disability for any reason, the Deputy shall perform all of the duties required of the Director. He shall hold office during the pleasure of the Governor who shall fix his compensation. The Deputy Director of Civil Defense shall hold no other State office.
(c) The Director may employ such technical, clerical, stenographic and other personnel (and fix their compensation) and may make such expenditures within the appropriation therefor, or from other funds made available to him for purposes of civil defense, as may be necessary to carry out the purposes of this Act.
(d) The Director and other personnel of the Civil Defense Division shall be provided with appropriate office space, furniture, equipment, supplies, stationery and printing in the same manner as provided for personnel of other State agencies.
2

(e) The Director, subject to the direction and control of the Governor, shall be the executive head of the Civil Defense Division and shall be responsible to the Governor for carrying out the program for civil defense of this State. He shall coordinate the activities of all organizations for civil defense within the State, and shall maintain laison with and cooperate with civil defense agencies and organizations of other States and of the Federal Government, and shall have such additional authority, duties, and responsibilities authorized by this Act as may be prescribed by the Governor.
Section 5. CIVIL DEFE SE ADVISORY COUNCIL. (a) There is hereby created a Civil Defense Advisory Council (hereinafter called the "Council"), the members of which shall be appointed by the Governor, and shall hold office during his pleasure. The Council shall, when called upon, advise the Governor and the Director of matters pertaining to civil defense. The Governor shall serve as Chairman of the Council, and the members thereof shall serve without compensation, but may be reimbursed for their reasonable and necessary expenses incurred in the performance of their duties.
(b) The Council shall be composed of twenty (20) members exclusive of the Governor as Chairman. Of this membership there shall be appointed at least one member from each Congressional district. The Council shall meet at such times and places as may be designated by the Governor.
(c) The Governor will designate a secretary who shall keep the minutes and reports of the Council meetings.
(d) All the expenses of the Council shall be paid from appropriations made to the Civil Defense Division, Department of Public Defense.
Section 6. CIVIL DEFE SE POWERS OF THE GOVERNOR. (a) The Governor shall have general direction and control of the Civil Defense Division, and shall be responsible for the carrying out of the provisions of this Act, and in the event of disaster or emer gency beyond local control, may assume direct operational control over all or any part of the civil defense functions within this State.
(b) In performing his duties under this Act, 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 this Act with due consideration to the plans of the Federal Government.
3

(2) To prepare a comprehensive plan and program for the civil defense of this State, such plan and program to be integrated into and coordinated with the civil defense plans of the Federal Government and of other States to the fullest possible extent, and to coordinate the preparation of plans and programs for civil defense by the political subdivisions of this State, such plans to be integrated into and coordinated with the civil defensp. plan and program of this State to the fullest possible extent.
(3) In accordance with such plan and program for the civil defense of this State, to ascertain the requirements of the State or the political subdivisions thereof for food or clothing and 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 this Act; to make surveys of the industries, resources, and facilities within the State as are necessary to carry out the purposes of this Act; to institute training programs and public information programs, and to take all other preparatory steps, including the partial or full mobilization of civil defense organizations in advance of actual disaster, to insure the furnishing of adequately trained and equipped forces of civil defense personnel in time of need.
(4) To coordinate with the President and the heads of the Armed Forces, and the civil defense agency of the United States, and with the officers and agencies of other States in matters pertaining to the civil defense of 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 civil defense, including the direction or control of (a) black-outs and practice black-outs, air-raid drills, mobilization of civil defense forces, and other tests and exercises, (b) warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith, (c) the effective screening or extinguishing of all lights and lighting devices and appliances, (d) shutting off water mains, gas mains, electric power connections and the suspension of all other utility services, (e) the conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic during, prior, and subsequent to drills or attack, (f) public
4

meetings or gatherings; and (g) the evacuation and reception of the civilian population.
(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 the provisions of this Act and with the orders, rules, and regp.lations made pursuant thereto.
(6) To employ such measures and give such directions to the State or local boards of health as may be reasonably necessary for the purpose of securing compliance with the provisions of this Act or with the findings or recommendations, of such boards of health by reason of conditions arising from enemy attack or the threat of enemy attack or otherwise.
(7) To utilize the services and facilities of existing officers, and agencies of the State and of the political subdivisions thereof; and all such officers and agencies shall cooperate with and extend their services and facilities to the Governor as he may request.
(8) To establish agencie and office and to appoint executive, technical, clerical, and other personnel as may be necessary to carry out the provi ions of this Act including, with due consideration to the recommendation of the local authorities, fulltime State and regional area directors.
(9) To delegate any authority vested in him under this Act.
(10) On behalf of this State to enter into reciprocal aid agreements or compacts with other States and the Federal Government, either on a tate-wide basis or local political subdivision basis or with a neighboring State. Such mutual aid arrangements shall be limited to the furnishing or exchange of food, clothing, medicine, and other supplies; engineering services, emergency housing; police services, ational 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; and 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, fire fighting,
5

and police units and health units, and on such terms and conditions as are deemed necessary.
(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 above.
Section 7. EMERGE CY POWERS. In the event of actual enemy attack upon the State of Georgia, and against the United States, the Governor may declare that a state of emergency exists, and thereafter the Governor shall have and may exercise for such period as such state of emergency exists or continues, the following additional emergency powers:
(a) To enforce all laws, rules, and regulations relating to civil defense and to assume direct operational control of all civil defense forces and helpers in the State;
(b) To seize, take for temporary use, or condemn property for the protection of the public in accordance with condemnation proceedings as provided by law;
(c) To sell, lend, give, or distribute all or any such property among the inhabitants of the State, to account to the State Treasurer for any funds received for such property;
(d) To perform and exerci e uch other functions, powers, and duties as may be deemed necessary to promote and secure the safety and protection of the civilian population.
Section 8. MUTUAL AID ARRA JGEM TS. (a) The Director of each local organization for civil defense may, in collaboration with other public and private agencies within this State, develop or cause to be developed mutual aid arrangements for reciprocal civil defense aid and assistance in case of disaster too great to be dealt with unassisted. Such arrangements shall be consistent with the State civil defense plan and program, and in time of emergency it shall be the duty of each local organization for civil defense to render assistance in accordance with the provisions of such mutual aid arrangements.
(b) The director of each local organzation for civil defense may, subject to the approval of the Governor, enter into mutual aid arrangements with civil defense agencies or organizations in other States for reciprocal civil defense aid and assistance in case of disaster too great to be dealt with unassisted.
6

Section 9. LOCAL ORGA IZATION FOR CIVIL DEFENSE. (a) Each city of this State having a population of 1,000 or more is hereby authorized and directed to establish a local organzation for civil defense in accordance with the State civil defense plan and program. The Governor, or the Director at the request of the Governor, may also establish loca1 oT~anizations in other cities or counties whenever he determines there exists a need for such local organizations. (The term "political subdivision" for the purpose of this Act shall mean: (1) Cities having a population of over 1,000; (2) Cities having a population of less than 1,000 in which the Governor has established a local organization; and (3) Counties where the Governor has established a local organization for the county and defined its territorial jurisdiction.) The executive officer or governing body of the political subdivision is authorized to nominate a Director who shall be appointed by the Governor and shall have direct responsibility for the organization, administration and operation of such local organization for civil defense, subject to the direction and control of such executive officer or governing body. Each local organization for civil defense shall perform civil-defen6e functions within the territorial limits of the political subdivision within which it is organized, and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to the provisions of this Act.
(b) Each political subdivision shall have the power and authority:
(1) To appropriate and expend funds, make contracts, obtain and distribute equipment, materials, and supplies, for civil-defense purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any disaster resulting from enemy attack; and to direct and coordinate and development of civil-defen e plans and programs in accordance with the policies and plans set by the Federal and State civil-defense agencies;
(2) To appoint, employ, remove, or provide, with or without compensation, air-raid wardens, rescue teams, auxiliary fire and police personnel, and other civilian-defense workers;
(3) To establish a primary and one or more secondary control centers to serve as command posts during an emergency;
(4) Subject to the order of the Governor, or the chief executive of the political subdivision, to assign and make available
7

for duty, the employees, property, or equipment of the subdivision, relating to fire fighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for civil-defense purposes and: within or outside of the physical limits of the subdivision.
Section 10. LOCAL SERVICES. (a) Whenever the employees of any political subdivision are rendering outside aid pursuant to the authority contained in Section 9 hereof such employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivisions in which they are normally employed.
(b) The political subdivision in which any equipment is used pursuant to this section shall be liable for any loss or damage thereto and shall pay any expense incurred in the operation and maintenance thereof. No claim for such loss, damage, or expense shall be allowed unless, within sixty days after the same is sustained or incurred, an itemized notice of such claims under oath is served by mail or otherwise upon the chief fiscal officer of such political subdivision where the equipment was u ed. The political subdivision which is aided pursuant to this section shall also pay and reimburse the political subdivision furni hing uch aid for the compensation paid to employees furnished under this ection during the time of the rendition of such aid and shall defray the actual traveling and maintenance expenses of such employees while they are rendering such aid. Such reimbursement hall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. The term "employee" as used in this section shall mean, and the provisions of this section shall apply with equal effect to, paid, volunteer, auxiliary employees, and civil-defense workers.
(c) The foregoing rights, privileges, and obligations shall also apply in the event such aid i rendered outside the tate, provided that payment or reimbursement in such ca es shall or may be made by the State or political subdivision receiving such aid pur uant to a reciprocal mutual-aid agreement or compact with such tate or by the Federal Government.
Section n. MOBILE SUPPORT U ITS. (a) The Governor, or
the Director at the request of the Governor, is authorized to create and establish such number of mobile support units as may be necessary to reinforce civildefense organizations in stricken areas and
8

with due consideration of the plans of the Federal Government and of other States. He shall appoint a commander for each such unit who shall have primary responsibility for the organization, administration, and operation of such 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 section, in other States.
(b) Personnel of mobile support units while on duty, whether within or without 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 without such political subdivision, have the powers, duties, rights, privileges, and immunities and the compensation incidental to their employment; and (3) if they are not employees of the State or a political subdivision thereof, be entitled to compensation by the State at $5.00 per day and to the same rights and immunities as are provided by law for the employees of this State. All personnel of mobile support units shall, while on duty, be subject to the operational control of the authority in charge of civil defense activities in the area in which they are serving, and shall be reimbursed for all actual and necessary travel and subsistence expenses.
(c) The State shall reimburse a political subdivision for the compensation paid and actual and necessary travel, subsistence, and maintenance expenses of employees of such political subdivision while serving as members of a mobile support units, and for all payments for death, disability, or injury of such employees incurred in the course of such duty, and for all losses of or damage to supplies and equipment of such political subdivision resulting from the operation of such mobile support unit.
(d) Whenever a mobile support unit of another State shall reno der 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 such other State for the compensation paid and actual and necessary travel, subsistence, and maintenance expenses of the personnel of such mobile support unit while rendering such aid, and for all payments for death, disability, or injury of such personnel incurred in the course of rendering such aid, and for all losses of or damage to supplies and equipment of such other State or
9

a political subdivision thereof resulting from the rendering of such aid: Provided, That the laws of such other State contain provisions eubstantially similar to this 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 such mutual aid as above provided.
(e) 0 personnel of mobile support units of this State shall be ordered by the Governor to operate in any other State unless the laws of such other State contain provisions substantially similar to this section or unless the reciprocal mutual aid agreement or compacts include provisions providing for such reimbursement or unless reimbursement will be made by the Federal Government by law or agreement.
Section 12. I VESTIGATIO S AND SURVEYS. For the purpose of making surveys and investigations and obtaining information, except the investigation of subversive activities that are the responsibility of the Federal Bureau of Investigation, the Governor may compel by subpoena the attendance of witnesse , and the pro duction of books, papers, records, and documents of individuals, firms, associations, and corporations; and all officers, boards, commissions, and departments of the State, and the political subdivisions thereof, having information with respect thereto, shall cooperate with and assist him in making such investigations and surveys.
Section 13. TRAFFIC CO TROL. The Governor may formulate and execute plans and regulations for the control of traffic in order to provide for the rapid and safe movement of evacuation over public highway~ and streets of people, troops, or vehicles and materials for national defense or for use in any defense industry, and may coordinate the activities of the departments or agencies of the State and of the political subdivisions thereof concerned directly or indirectly with public highways and streets, in a manner which will best effectuate such plans.
Section 14. LEASE OR LO OF STATE PROPERTY, TRA SFER OF STATE PERSO TEL. otwithstanding any inconsistent provision of law:
(a) Whenever the Governor deems it to be ID the public interest, he may-
(1) Authorize any department or agency of the State to lease or lend, on such terms and conditions as he may deem
10

necessary to promote the public welfare and protect the interests of the State, any real or personnel property of the State government to the President, the heads of the Armed Forces, or to the civil defense agency of the United States.
(2) Enter into a contract on behalf of the State for the lease or loan to any political subdivision of the State on such terms and conditions as he may deem necessary to promote the public welfare and protect the interests of the State, of any real or personal property of the State government, or the temporary transfer or employment of personnel of the State government to or by any political subdivision of the State.
(b) The Mayor, Chief Executive, or Executive Body of each political subdivision of the State may-
(1) Enter into such contract or lease with the State, or accept any such loan, or employ such personnel, and such political subdivision may equip, maintain, utilize, and operate any such property and employ necessary personnel therefor in accordance with the purpose for which such contract is executed.
(2) Do all things and perform any and all acts which he may deem necessary to effectuate the purpose for which such contract was entered into.
Section 15. ORDERS, RULES, AND REGULATIO S. (a) The political subdivisions of the State (as herein defined) and other agencies designated or appointed by the Governor are authorized and empowered to make, amend, and rescind such orders, rules, and regulations as may be necessary for civil defense purposes and to supplement the carrying out of the provisions of this Act, but not inconsistent with any orders, rules, or regulations promulgated by the Governor or by any State agency exercising a power delegated to it by him.
(b) All orders, rules, and regulations promulgated by the Governor, or by any political subdivision or other agency authorized by this Act to make orders, rules, and regulations, shall have the full force and effect of law, when, in the event of issuance by the Governor, or any State agency, a copy thereof is filed in the Office of the Secretary of State, or, if promulgated by a political subdivision of the State or agency thereof, when filed in the office of the clerk of the political subdivision or agency promulgating the same. All existing la ws, ordinances, rules and regulations inconsistent with the
11

prOVISIOns of this Act, or of any other, rule, or regulation issued under the authority of this Act, shall be suspended during the period of time and to the extent that such conflict exists.
(c) In order to attain uniformity so far as practicable through-
out the country in measures taken to aid civil defense, all action taken under this Act and all orders, rules, and regulations made pursuant thereto, shall be taken or made with due consideration to the orders, rules, regulations, actions, recommendations, and requests of Federal authorities relevant thereto and, to the extent permitted by law, shall be consistent with such orders, rules, regulations, actions, recommendations and reque ts.
Section 16. E FORCEME T. The law enforcing authorities of the State and of the political subdivisions thereof shall enforce the orders, rule, and regulation issued pur uant to thi Act.
Section 17. IMMU ITY. (a either the State nor any political subdivision of the Stat, nor the agents or representatives of the State or any political subdi\"i ion thereof, hall be liable for personal injury or property damage u tained by any per on appointed or acting as a volunteer civilian defense worker, or member of any a2;ency engaaed in civilian defen e activity. The foregoing shall not affect the right of any per ons to r ceive benefits or compensation to which he might otherwi e be entitled under the workmen's compensation law or Section 10 hereof or ariy pension law or any Act of Congress.
(b) either the tate nor any political subdivision of the State nor, except in cases of wilful miscol:duct, gross negligence, or bad faith, the employees, a"ents, or repre entatives of the State or any political subdivi ion thereof, nor any volunteer or auxiliary civilian defense worker or member of any agency engaged in any civilian defense activity, complying with or reasonably attempting to comply with this Act, or an order, rule, or regulation promulgated pursuant to the provision of this Act, or pursuant to any ordinance relating to black-out or other precautionary measures enacted by any politi.:al subdivision of the State, shall be liable for the death of or injury to persons, or for damage to property, as a result of any such activity.
Section 18. AUTHORITY TO ACCEPT SERVICES, GIFTS, GRA TS, A D LOANS. (a) Whel:ever the Federal Government or any agency or officer thereof shall offer to the State, or through the State to any political subdivision thereof, services, equipment, sup-
12

plies, materials; or funds by way of gift, grant, or loan, for purposes of civil defense, the State, acting through the Governor, or such political subdivisions, acting with the consent of the Governor and through its executive officer or governing body, may accept such offer and upon such acceptance the Governor of the State or executive officer or governing body of such political subdivision may authorize any officer of the State or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the State or such political subdivision, and subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.

(b) Whenever any person, firm, or corporation shall offer to the State or any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for purpose of civil defense, the State, acting through the Governor, or such political subdivision, acting through its executive officer or governing body, may accept such offer and upon such acceptance the Governor of the State or executive officer or governing body of such political subdivision may authorize any officer of the State or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the State or such political subdivision, and subject to the terms of the offer.

ection 19. CIVIL DEFE SE PER ON EL. No person shall be employed or associated in any capacity in any civil defense organization e tablished under thi Act who advocates a change by force or violence in the con titutional form of the Government of the nited tate or in this tate or the 0 erthrow of any government in the Unit d State by force or violence, or who has been convicted of or is under indictment or information charginG" any subversive act again t the United States. Each person who is appointed to serve in any organization for civil defense shall, before entering upon his duties, take an oath, in writing, before a person authorized to administer oaths in this State, which oath shall be substantiall~, ,13 follows:

"I

, do solemnly swear (or affirm) that I will

support and defend the Con titution of the nited States and

the Con titution of the State of Georgia, aO'ainst all enemies,

foreign and domestic; that I will bear true faith and allegiance

to the same; that I take this obligation freely, without any men

tal reservation or purpose of evasion' and that I will well and

13

faithfully discharge the duties upon which I am about to enter. "And I do further swear (or affirm) that I do not advocate, nor am I a member of any political party or organization that advocates, the overthrow of the Government of the United States or of this State by force or violence; and that during such time as I am a member of the (name of civil defense organization) I will not advocate nor become a member of any political party or organization that advocates the overthrow of the Government of the United States or of this State by force or violence." Section 20. OTHER PERSONS WHO MAY ADMINISTER OATH. For the purposes of this Act only, the executive heads of local organizations for civil defense, their duly appointed deputies, and assistants, are authorized to administer oaths to civil defense personnel. Section 21. PENALTIES. Any person violating any provision of this Act or any rule, order, or regulation made pursuant to this Act shall, upon conviction thereof, be punishable as for a misdemeanor. Section 22. LIBERALITY OF CONSTRUCTION. This Act shall be construed liberally in order to effectuate its purposes. Section 23. SEVERABILITY. If any provision of this Act or the application thereof to any person or circumstance is held invalid, 8uch invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable. Section 24. EFFECTIVE DATE. This Act shall become effective immediately upon its passage and approval by the Governor. Section 25. All laws and parts of laws in conflict with this Act be and the same are hereby repealed.
14

CIVIL DEFENSE ACT AMENDED PROPERTY USED AS AIR RAID SHELTER

No. 356 (Senate Bill No. 65).

Act to provide that no civil action shall be brought against any owner of real estate or other premises to recover damages for personal injuries or death, or loss, or destruction of personal property by any person seeking shelter upon such premises during an actual or practice attack or raid, when such owner has authorized any civil defense agency of the State or any of its political subdivisions to utilize such premises, without charge, for the sheltering of persons pursuant to the Georgia Civil Defense Act of 1951; to repeal conflicting laws; and for other purposes.

Be it enacted by the General Assembly of Georgia as follows:

Owner to
be held hannless.

Section 1. When any person, firm or corporation owning or controlling any real estate or other 'premises shall authorize and permit any civil defense agency, board or other authority of this State, or of any political subdivision of this State, to use such premises without charge therefor for the putpeJse of shelt.ering persons during an actual or practice attack or raid as contemplated by the Georgia Civil Defense Act of 1951, such person, firm or corporation, at such times and for such periods during which said premises are so occupied arid actually employed for purpose of civil defense, shall be clothed with the sovereign immunity of the State; and no civil action shall be brought or maintained against any such person, firm, or corporation to recover damages for personal injuries or death of any person while on said premises during an actual or practice attack or raid, or for the loss or destruction of personal property brought upon said premises by any person seeking shelter thereon during an actual or practice attack or raid.
15

....,...-~~~------------------------
Section 2. All laws and parts of laws In conflict with this Act are hereby repealed. Approved March 2, 1953.
16

CIvIL DEFENSE RCI AiCJENbEb
No. 643 (House Bill No. 630) From General Acts and Resolutions, Vol.
Georgia Laws 1953- ovember-December Session, P. 171
An Act to amend an Act entitled" An Act relating to the establishment of a civil defense agency and other organizations for civil defense within this State; granting certain executive powers with respect thereto and for other and related purposes", approved February 19, 1951 (Ga. Laws 1951, P. 224), so as to include common natural disasters within the policy and purpose of said Act; to provide that the Civil Defense Director shall be the Disaster Coordinator; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia as follows:
Section 1. An Act entitled "An Act relating to the establishment of a civil defense agency and other organizations for civil defense within this State; granting certain executive powers with respect thereto and for other related purposes", approved
Sec. 2,
Act of February 19, 1951 (Ga. Laws 1951, P. 224), is hereby amenAmended. ded by 'lOSert.lng 1. 0 SecC'lon 1 (a) a fter th e w crds " resulC'lng
from attack, sabotage or other hostile action," the words: "and from common natural disasters," so that said section when so amended shall read as follows:
"Section 2. POLICY A D PURPOSE. (a) Because of the existing and increasing possibility of the occurrence of disasters or emergencies of unprecendented size and destructiveness Policy & resul ting from enemy attack, sabotage or other hostile action, Purpose. and from common naturaI di' sasters, and i.n order to i.nsure t hat preparations of this State will be adequate to deal with such disasters or emergencies, and generally to provide for the common defense and to protect the public peace, health, and safety, and to preserve the lives and property of the people of
17

the State of Geotgia, it is heteby found and declared to be necessary: (1) to create a State Civil Defense Agency, and to authorize the creation of local organizations for civil defense in the political subdivisions of the State; (2) to confer upon the executive heads or governing bodies of the political subdivisions of the State the emergency powers provided herein; and (3) to provide for the rendering of mutual aid among the political subdivisions of the State, and with other States, and with the Federal Government with respect to the carrying out of civil defense functions; and (4) to authorize the establishment of such organizations and the taking of such steps as are necessary and appropriate to carry out the provisions of this Act. 'J
Section 2. Said Act is further amended by adding onto Section 4 a new subsection, which shall be known as Subsection
(0, which shall read as follows:
"(f) The Civil Defense Director shall also be the Disaster Coordinator and shall Act for the Governor when requested to do so."
Section 3. All laws and parts of laws In conflict with this Act are hereby repealed.
Approved December 17, 1953.
CIVIL DEFENSE ADVISORY COUNCIL MEMBERSHIP
No. 455 (House Bill No. 792)
18

An Act to amend section 5 (b) of the Civil Defense Act of 1951, approved February 19, 1951 (Ga. L 1951, pp. 224, 227), which section relates to the Civil Defense Advisory COuncil, so as to redefine the membership of said council; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Section 5 (5) of the Civil Defense Act of 1951 approved February 19, 1951, (Ga. L 1951, pp. 0224, 227) is hereby amended by striking said section and substituting in lieu thereof the following:
"Section 5. (b) The council shall be composed of eighteen (18) members exclusive of the Governor as chairman. Of this membership, the Lieutenant Governor, Attorney General, Chairman of Senate Defense and Veterans Affairs Committee, Chairman of Senate Appropriations Committee, Secretary of State, Speaker of the House, Chairman of the House Appropriations Committee, Chairman of the House Defense and Veterans Affairs Committee and the Adjutant General shall serve by virtue of their office, and the Governor shall appoint three (3) from a list submitted by the State Chamber of Commerce, three (3) from a list submitted by the Georgia Municipal Association, and three (3) from a list submitted by the Association of County Commissioners of Georgia. The council shall meet at such times and places as may be disignated by the Governor."
Section 2. All laws and parts of laws in conflict herewith are hereby repealed.
Approved March 25, 1958.
19

GEORGIA CIVIL DEFENSE ACT AMENDED TEMPORARY SEAT OF GOVERNMENT IN EMERGENCY
No. 479 (House Bill No. 793)
An.Act to amend the Georgia Civil Defense Act of 1951, approved February 19, 1951 (Ga. L. 1951, p. 224), as amended, by adding thereto a new section, section 7A, which will authorize the Governor, in the event of an emergency as defined by seotion 7 of said Act, and when it is impossible to conduct the affairs of the state government at the seat thereof in Atlanta, to designate by executive proclamation a temporary seat of government; to declare the effect of such declaration and the duration thereof; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The Georgia Civil Act of 1951, approved February 19, 1951 (Ga. L. 1951, p. 224), as amended, is hereby amended by adding after section 7 thereof, relating to the emergency powers of the Governor, a new section to be known as section 7A to read:
"Section 7A. In the event of declaration of an 'emergency' by the Governor as provided by section 7 hereof, and where due to any cause arising out of such emergency it becomes impossible to conduct the affairs of the state government at the seat thereof in Atlanta, Fulton County, Georgia, the Governor shall by proclamation declare a new, temporary seat of government at such place in this state as the Governor may deem advisable under the circumstances. A.s a part of such proclamation, the Governor shall take all action and issue all orders as he may deem necessary to an orderly transition of the affairs of government to the new seat thereof, including the leasing of new quarters to house the departments of governments of government. All official acts now or hereafter required
20

by law to be performed at the seat of government, including the convening of the General Assembly in regular or extraordinary session, and all proceedings or court actions involving the state or its agencies or authorities now or hereafter required to be brought or conducted at the Sf"'lt of government, shall be legal and binding when performed or conducted at such temporary location. Such temporary location shall 1'emain at the seat of government until the General Assembly shall by law establish a new location, or until the emergency is declared to be ended by the Governor and the seat of government returned to its normal location in Atlanta.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1958.
GEORGIA CIVIL DEFENSE AMENDED
No. 427 (House Bill No. 794)
Act to amend the Georgia Civil Defense Act of 1951, approved February 19, 1951 (Ga. L. 1951, p. 224), by adding a new section thereto authorizing all state, municipal, county and other officers and officials to appoint deputies and designate lines of succession, governing the succession and devolution of authority during an emergency as declared by the Governor under section 7 of said Act; to define the authority of such designated deputies or officials; to declare that this Act is intended to be supplementary of other laws; to repeal conflicting laws; and for other purposes.
21

Be it enacted by the General Assembly of Georgia:
Section 1. The Georgia Civil Defense Act of 1951, approved February 19, 1951 (Ga. L 1951, p. :224), as amended, is hereby amended by adding a new section, to be known as section 25 to read as follows:
"Section 25. (a) The several directors, constitutional officers, chairmen and other heads or officials in charge of the various boards, commissions and all other State Departments, agencies or authorities; all mayors and other officials of the several municipalities and towns of this state; and all constitutional and other county officers and officials of the several counties and other political subdivisions of this state, are hereby authorized to appoint deputi-es and designate lines of succession for themselves and their subordinate s, governing the succession and dev~lution of authority during an 'emergency' as declared by the Governor under section 7 of this Act.
(b) During such an emergency as declared by the Governor, any such deputy or designated official shall, when his superior is incapacitated, dead, or otherwise unavailable (and until the vacancy, if any, has been filled, or until such officer's successors has been duly named and qualified as provided by law) have authority to perform all official acts, and exercise all authority of his superior, as to all matters that are not of a non-delegable nature.
(c) The provisions of this section are merely supplementary to existing law, and shall not be construed as repealing any general or special law which now or hereafter makes specific provision for any officer or official."
Section 2. Said Act is further amended by renumbering the repealer clause, found at page 241, as section 26.
Section 3. All laws and parts of laws in conflict herewith are hereby repealed.
Approved March 25, 1958.
22

CIVIL DEFE SE - ADVISORY COUNCIL ABOLISHED o. 13 (Senate Bill o. 10)
An Act to amend an Act approved February 19, 1951, (Ga. L. 1951, p. 224), as amended, dealing with the creation of a Civil Defense Advisory Council, by repealing section 5 thereof; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 5 of an Act approved February 19, 1951 (Ga. L. 1951, p. 224) as amended, dealing with the .::reation of a Civil Defense Advisory Council, be, and the same is hereby, repealed. Section 2. All laws, or parts of laws, insofar as they conflict with this Act, are hereby repealed. Approved February 4, 1959.
23

IMMU ITY OF OWNER OF SHELTER
Section 1. When any person, ,finn or corporation owning or or controlling any real estate or other premises shall authorize and permit any civil defense agency, board or other authority of this State, or of any political subdivision of this State, to use such premises without charge therefor for the purpose ci sheltering persons during an actual or practice attack or raid as contemplated by the Georgia Civil Defense Act of 1951, such person, form, or corporation, at such times and for such periods during which said premises are so occupied and actually employed for purpose of civil defense, shall be clothed with the sovereign immunity of the State; and no civil action shall be brought or maintained against any such person, firm, or corporation to recover damages for personal injuries or death of any person while on said premises during an actual or practice attack or raid, or for the loss or destruction of personal property brought upon said premises by any person seeking shelter thereon during an actual or practice attack or raid.
Section 2. All laws and pans of laws In conflict with this Act are hereby repealed.
GA LAWS 1953 - Jan and Feb Session Page 354
24

STATE OF GEORGIA Executive Department
Atlanta
EXECUTIVE ORDER
BY THE GOVERNOR:
WHEREAS:
The Act of the General Assembly of Georgia creating the Division of Civil Defense within the Department of Public Defense of the State of Georgia (Georgia Civil Defense Act of 1951, Ga. Laws 1951, pp, 124-261) provides, in pare, as follows:
"Because of the existing and increasing possibility of the occurrence of disasters or emergencies of unprecedented size and destructiveness resulting from enemy attack, sabotage or other hostile action, and from common natural disasters or emergencies, and generally to provide for the common defense and to protect the public peace, health, and safety, and to preserve the I ives and property of the people of the State of Georgia, ";
and WHEREAS:
The international situation and t he possibility of natural disasters have not improved since the date of the enactment of said legislation by the General Assembly; and
25

-
WHEREAS:
Said Act provides further:
". The Governor, or the Director at the request of the Governor, may also establish local organizations in other cities or counties whenever he determines there exists a need for such local organizations. (The term 'political subdivision' for the purpose of this Chapter shall mean: (1) Cities having a population of less than 1,000 in which the Governor has established a local organization for the county and defined it s territorial jurisdiction) It;
and WHEREAS:
In order that the State of Georgia may be better prepared to meet any crisis which may develop, whether by enemy attack or natural disaster, it is deemed necessary and advisable to establish local Civil Defense organizations in the various cities and counties of the State as set forth herein; it is therefore
ORDERED: That each county in the State of Georgia be and the same is hereby incorporated within the meaning of the term "political subdivision as used in the aforesaid Act, and the governing officials thereof are authorized and directed to establish adequate local defense organizations; and it IS
26

FURTHER ORDERED: That the territorial limits of the individual County Civil Defense organizations shall extend over the entire area within the boundaries of each county of the State of Georgia, excludisg only the following: (1) areas under Federal control whereby the State of Georgia would have no authority; (2) areas lying within the incorporated limits of cities and towns having a population of 1,000 or more; (3) areas lying within the corporate limits of cities or towns in the state of Georgia having less than 1,000 population, provided that such cities or towns shall obtain from the Director of the Department of Public Defense within three months from the date of this Order a certification that it will be to the best interest of the city or town to have its own local organization and that it has the capabilities for a civil defense organization in a functioning status, thereupon the Director is hereby authorized to establish a local organization for civil defense in the affected city or town.
This 1st day of ovember , 1960.
/s/ S. ERNEST VANDIVER GOVERNOR
BY THE GOVER OR:
/s/ PETE ZACK GEER EXECUTIVE SECRETARY
27

GEORGIA CIVIL DEFENSE ACT AMENDED GENERAL ASSEMBLY, POLITICAL SUBDIVISIONS OF STATE.
o. 760 (House Bill No. 1252).
An Act to amend the Geotgia Civil Defense Act of 1951, approved February 19, 1951 (Ga. L. 1951, p. 224), as amended particu1arly by an Act approved March 25,1958 (Ga. L. 1958, p. 691), so as to provide for the convening of the General Assembly and the suspension of their rules following an emergency; so as to authorize local political subdivisions of the State to exercise governmental powers at places other than specified by charters or other laws of this State in the event of an emergency; to provide that certain provisions of this Act shall be suspended in operation until the Constitution of the State shall have been amended; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The Georgia Civil Defense Act of 1951, approved February 19, 1951 (Ga. L. 1951, p. 224), as amended, particularly by an Act approved March 25, 1958 (Ga. L. 1958, p. 691) is hereby amended by inserting following section 7A thereof two (2) new sections which shall be known as sections 7B and 7C, which shall read as follows:
"Section 7B. The General Assembly shall meet at the new location of government provided for in section 7A either upon the call of the Governor, or if no call is issued, through the initiative of the members thereof upon the ninetieth (90th) day
General
Assembly. following an attack upon the State of Georgia. At such time the General Assembly shall not be limited by any constitutional provisions relating to length of sessions, and it may suspend the operation of any and all constirutional rules gov28

eming the procedure of both the House of Representatives and the Senate as it deems necessary during the period of emergency."
"Section 7e. Whenever, due to an emergency resulting from
the effects of enemy attack, or the anticipated effects of a enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of local government at the regular or 1JS~ ual place or places thereof, the governing body of each political subdivision, including but not limited to each and every city, county and municipality of the State, may meet at any place within or without the territorial limits of such political subdivison on the call of the presiding officer or any two (2) members of such governing body, and shall proceed to establish and designate by ordinance, resolution or other Sites of manner, alternate or substitute sites or places as the emer-
10Cll1
COYernment. gency temporary location, or locations, of government where all, or any part, of the public business may be transacted and conducted during the emergency situation. Such sites or places may be within or without the territorial limits of such political subdivision and may be within or without this State. During the period when the public business is being conducted at the emergency temporary location, or locations, the governing body and other officers of a political subdivision of this State shall have and possess and shall exercise, at such location, or locations, all of the executive, legislative, and judicial powers and functions conferred upon such body and
29

officers by or under rhe laws of this State. Such powers and functions may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with time-consuming procedures and formalities prescribed by law and pertaining thereto, and all acts of such body and officers shall be as valid and binding. as if performed within the territorial limits of their political subdivision. tJ
Section 2. Any provisions of this Act which may be in conflict with any portion of the Constitution of the State of Geor- Effel gia is hereby suspended in its operation until such time as the Constitution may be amended, so as to legalize and ratify all parts of this Act.
Section 3. The provisions of this Act shall be operative only in the event and for the duration of an emergency occasioned lot by actual enemy attack upon the State of Georgia and against the United States as proclaimed by an appropriate State official
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 3, 1962.
GEORGIA CIVIL DEFE SE ACT AMENDED SEAT OF STATE GOVERNME T.
o. 768 (House Bill o. 1253).
An Act to amend the Georgia Civil Defense Act of 1951 (Ga. L. 1951, p. 224), as amended, particularly by an Act approved March 25, 1958 (Ga. L. 1958, p. 691), so as to provide for emergency relocation or relocations of the seat of state government; to provide the same can be located outside the State; to provide the procedure therefor; to repeal conflicting laws; and foe other purposes. 30

Be iyenacted by the General Assembly of Georgia:

Section 1. The Georgia Civil Defense Act of 1951 (Ga. L. 1951, p. 224), as amended, particul'arly by an Act approved March 25, 1958 (Ga. L. 1958, p. 691) is amended by striking therefrom section 7A in its entirety and inserting In lieu thereof a new secti m 7A, which shall read as follows:

"Section 7 A. A. Whenever, due to an emergency resulting

from the effects of enemy attack, or the anticipated effects of

a threatened enemy attack, it becomes imprudent, inexpedient

or impossible to conduct the affairs of state government at the

Seal of

normal location of the seat thereof in Arlanta, Fulton County,

ale

lovemment. Georgia, the governor shall, as often as the exigencies of the

situation require, by proclamation, declare an emergency

temporary location, or locations, for rhe seat of government

at such place, 'or places, within or without this state as he

may deem advisable under the circumstances, and shall take

such action and issue such orders as may be necessary for

an orderly transition of the affairs of state government to such

emergency temporary location, or locations. Such emergency

temporary location, or locations, shall remain as the seat of

government until the legislature shall by law establish a new

location, or locations, or until the emergency is declared to

be ended by the governor, and the seat of government is re-

turned to irs normal location.

B. During such time as the seat of government remains at such emergency temporary location, or locations, all official acts now or hereafter required by law to be performed at the seat of government by any officer, agency, department or or authority in this state, including the convening and meeting
31
.....

1
of the legislature shall be as valid and binding when performed at such emergency temporary location, or locations, as if performed at the normal location of the seat d government.
Section 2. All laws and parts of law in conflict with this Act are hereby repealed.
Approved March 3, 1962. STATE OF GEORGIA
Executive Department
Atlanta

EXECUTIVE ORDER BY THE GOVERNOR:
WHEREAS:

We are confronted with the undeniably dangerous fact that a potential enemy of this county has the capability of launching an attack with powerful weapons that would cause unprecedented destruction in Georgia;

and WHEREAS:
Our recovery, in fact our survival from such an attack may depend upon the effectiveness of our State Civil Defense Department and Civil Defense organizations of our Political Subdivisions;

and

32

WHEREAS: The Georgia State Civil Defense Act, as amended, confers upon the Governor comprehensive emergency powers to be exercised in providing for the common defense to protect the public peace, heal th and safety, and to preserve the Iives and property of the people of the State;
and WHEREAS:
The application of these emergency powers requires extensive pre-planning ar all levels of Government to Insure smooth and understandable transition from normal to emergency governmental operation;
and WHEREAS:
The Civil Defense Division of the State Department of Defense, in cooperation with other State Agencies, have developed an Emergency Operation Plan for all levels of State Government which is known as "Georgia Operational Sutvival Plan", now therefore it is
ORDERED: That the "Georgia Operational Survival Plan" be implemented, by all branches of state. Government, as soon as possible; be it further
ORDERED: That all branches of State Government with an assignment of responsibility and with an Emergency Plan of Operation written into the Survival Plan shall develop a Standard Operating Procedure for the plan; be it further
33

ORDERED: That all branches of State Government not assigned a Civil Defense responsibility in the Survival Plan shall develop an Emergency Plan of Operation and a Standard Operating Procedure so as to assure Continuity of the Department, Board, Division or Independent Institution; be it further
ORDERED: That Emergency Plans and Standard Operation Procedure for all levels of State Government must contain the fol1owing:
1. Automatic lines of succession for all officials 2. Preservation of essential records 3. Emergency re-Iocation sites 4. Use of aU personnel, facilities and equipment
for emergency action
be it further
ORDERED: That the responsibilities imposed by this order shall rest with the Heads of each department, provided that such Heads may designate a competent person in the service to be and act as Civil Defense Officer of the Department. It shall be the function of said Civil Defense Officer to supervise an...d coordinate aU Civil Defense functions and planning by the department, subj ect to the direction and control of the Head of the Department; be it further
ORDERED: That any Executive Order in conflict with th is Order is hereby rescinded.
This 22nd day of October, 1958.
I sl MAR VI GRIFFI
GOVERNOR 34

GEORGIA CIVIL DEFE SE ACT AMENDED EMERGENCY INTERIM SUCCESSORS.
No. 759 (House Bill No. 1251).
An Act to amend the Georgia Civil Defense Act of 1951, approved February 19, 1951 (Ga. L 1951, p. 224), as amended, particularly by an Act approved March 25, 1958 (Ga. L 195'8, p. 628), so as to provide for emergency interim successors to certain State and local officers; to define the terms used in this Act; to prov,de for the powers and duties and compensation of interim successors; to provide for the exercise of powers by such successors; to authorize political subdivisions of the State to provide for emergency interim successors; to provide that the operation of this Act shall be suspended as to any officer to which it may not constitutionally apply; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The Georgia Civil Defense Act of 1951, approved February 19, 1951 (Ga. L 1951, p. 224), as amended, particularly by an Act approved March 25, 1958 (Ga. L 1958, p. 628) is amended by striking therefrom section 25 in its entirety and inserting in lieu thereof a new section 25, which shall read as follows:
"Section 25. (A) As used in this section, the following words shall have the following meanings unless the context clearly indicates a contrary meaning:
"( 1) Unavailable means either that a vacancy in an office exists as the result of and emergency as hereinafter defined and
35

there is no deputy or other successor authorized to exercise all of the duties of the office, or the lawful incumbent of the office G.ncluding any deputy exercising the powers and discharging the duties of an office because of a vacancy) and his duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office.
1~(2) Emergency interim successor means a person designated pursuant to this section, in the event an officer is unavailable to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be prescribed by the constitution, statutes, laws, charters, and ordinances of this State and its political subdivisions, or until the lawful incumbent or his successor is able to resume the exercise of the powers and the discharge of the duties of the office.
"(3) Office means the position of head of any and all departments, agencies, boards or commissions of the State or any of its political subdivisions, all constitutional State House offices, all constitutional and other county offices, all of the judgeships of the State and its political subdivisions and all of the positions in the legislative departments of the State or its political subdivisions. Officer means the individual who shall hold an office State office and State officer shall pertain to positions in the government of the State of Georgia; and local offices and local officers shall pertain to positions in the political subdivisions of the State.
"( 4) Political subdivisions shall mean cities, counties, towns, villages, ~uthorities and any other bodies created by the State and,exercising any of the governmental power of the State.
"(5) Emergency means the condition existing during and after an actual enemy attack upon the State of Georgia.
"(B) All State officers, shall within thirty (30) days after the
36

approval of this Act by the Governor or after it otherwise becomes a law or within thirty (30) days after taking office, whichever<' date shall be later, in addition to any deputy authorized pursuant to law to exercise all of the powers and discharge the duties of office, designate by title individual s as emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this Act to insure their current status. The officer will designate a sufficient number of such emergency interim successors so that there will be not less than three (3), nor more than seven (7), such deputies or emergency interim successors or any combination thereof, at any time. 10 the event that any State officer is unavailable following an attack, and in the event his deputy, if any, is also unavailable, the said powers of his office shall be exercised and the said duties of his office shall be discharged by his designated emergency interim successors in the order specified. Such emergency interim successors shall exercise said powers and discharge said duties only until such time as the Governor under the Constitution or authority other than this Act (or other official authorized under the Constitution or this Act to exercise the powers and discharge the duties of the of office of Governor) may, where a vacancy exists, appoint a successor to fill the vacancy or until a successor is otherwise appointed, or elected and qualified as provided by law; or an officer (or his deputy or a preceding named emergency interim successor) becomes available to exercise, or resume the exercise of, the powers and discharge the duties of his office.
"(C) All emergency interim successors designated under this Act shall have the same qualifications as are prescribed by law for the officer by whom they are designated.
"(D) Designations of emergency interim successors to State officers shall become official upon the officer filing a list of successors with the Secretary of State, who shall inform the Governor, the State office of Civil Defense, all emergency interim successors to the officer involved and the Ordinary of the
37

county of legal residence of the successors of all such designations and any changes therein. Any designation of an emergency interim successor may be changed or altered by the officer concerned filing a notice of such change or alternation with the Secretary of State.
"(E) All constitutional county officers shall, within thirty (30) days after the approval of this Act or after it otherwise becomes a law or within thirty (30) days after taking ofiice. whichever date date shall be later, in addition to any deputy authorized pursuant to law to exercise all the powers and discharge the duties of the office, designate by title individuals as emergency interim successors and specify their order of succession. Such successors shall have the same powers, duties and qualifications as specified by subsection (B) and (e) of this Act for successors to State officers. Designations of such successors shall be made in the same manner as prescribed for successors to State officers in subsection (D) of this section.
"(F) The legislative bodies of all political subdivisions of the State are hereby authorized and directed to provide by ordinance or resolution for emergency interim successors for the officers of such political subdivisions. Such resolutions and ordinances shall not be inconsistent with the provisions of this Act.
"(G) At the time of their designation, emergency interim successors shaH take such oi'.th as may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. otwithstanding any other provision of law, no person, as a prerequisite to the exercise of the powers or discharge of the duties of an office to which he succeeds, shall be required to comply with any other provision of law relative to taking office.
"(H) Emergency interim successors shaH receive the same compens.ation as is paid the officer by whom they are appointed. Such compensation shall be paid only during such time as a suc-
38

cessor shall exerCise the powers of the officer by whom he has been designated.
"(l) Governmental powers shall be exercised by emergency interim successors appointed under this section only during a period of emergency as defined by this section.
"0) The operation of this section, as applied to any office or
officer to which it may not constitutionally or lawfull y apply, is hereby suspended until such time as the Constitution of the State shall be amended, so as to make this section applicable to all officers and offices. Upon the ratification of such an amendment to the Constitution, this Act shall become compl etel y operative as to all offices and officers. Without limiting the generality of the foregoing, the operation of the provisions of this section shall be suspended as to the judgeships in this State, and as to members of the General Assembly of this State until such time as this section shall be applicable to all offices and officers."
Section 2. All laws ana parts of laws in conflict with this Act are hereby repeal ed.
Approved March 3, 1962. GEORGIA CIVIL DEFE SE ACT OF 1951.
Local organization for civil defense. (a) The governing body of each city of this State having a population of 1,000 or more
according to the United States census of 1960 or a~cording to
any subsequent United States census and each county of the State is hereby authorized and directed to establish a local organization for civil defense in accordance with the State civil defense plan and program. The Governor, or the Director at the request of the Governor, may also establish local organizations in other cities whenever he determines there exists a need for

the bounds of the contr~cting political subdivisions. (The term "political subdivision" for the purpose of this Chapter shall mean: (1) Cities having a population of over 1,000; (2) Cities having a population of less than 1,000 in which the Goveroor has established a local organization and (3) Counties.) The executive officer or governing body of the political subdivision is authorized to nominate a director who shall. be appointed by the Governor and shall have direct responsibility for the organization, administration and operation of such local organization for civil defense, subject to the direction and control of such execu~ tive officer or governing body. Each local organization for civil defense shall perform civil defense functions within the territorial limits of the political subdivision within which it is organized, and, in addition, shall conduct such functions outside of such territorial limirs as may be required pursuant to the provisions of this Chapter.
(b) Each political subdivision shall have the power and authority:
(1) To appropriate and expend funds, make contracts, obtain and distribute equipment, materials, and supplies for civil defense purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any disaster resulting from enemy attack; and to direct and coordinate the development of civil defense plans and programs in accordance with the policies and plans set by the Federal and
tate civil defense agencies; (2) To appoint, employ, remove or provide, with or without
compensation, air-raid wardens, rescue teams, auxiliary fire and police personnel, and other civilian defense workers;
(3) To establish a primary and one or more secondary control centers to serve as command posts during an emergency;
(4) ubject to the order of the Governor, or the chief executive of the political subdivisions, to assign and make available for duty, the employees, property, or equipment of the subdivision relating to fire fighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for civil defense purposes and within or outside of the physical limits of the subdivision.

j)
Published by
DEPARTMENT OF DEFENSE CIVD.. DEFENSE DIVISION
Atlanta. Ga.