{"id":"DUT-GA-019","kind":"duty","level":"state","jurisdiction":"Georgia","state":"GA","metro":"","industry":"","agency":"","eco":"","issuer":"General Assembly of Georgia (Ga. L. 1951, p. 224, section 17, as amended)","authority":"Title 38, Chapter 3, Article 2 (Organization and Administration)","instrument":"O.C.G.A. section 38-3-35","title":"Immunity of state and political subdivisions; of emergency management workers","dateIssued":"","effective":"standing","end":"standing","startDate":"","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","COND"],"addressees":["the State and its political subdivisions and their employees and agents; volunteer and auxiliary emergency management workers and members of agencies engaged in emergency management activity (extended to healthcare facilities and workers by the April 14 and May 12, 2020 orders)"],"clause":"[E]xcept in cases of willful misconduct, gross negligence, or bad faith,... any volunteer or auxiliary emergency management worker... engaged in any emergency management activity complying with or reasonably attempting to comply with Articles 1 through 3 of this chapter; or any order, rule, or regulation promulgated pursuant to Articles 1 through 3 of this chapter... shall [not] be liable...","enforcement":"None (an immunity conditioned on compliance with the orders; conduct outside compliance, or amounting to willful misconduct, gross negligence or bad faith, answers in tort)","functions":[],"notes":"The standing immunity of the Emergency Management Act protects only emergency-management activity \u0027complying with or reasonably attempting to comply with\u0027 the Act and \u0027any order, rule, or regulation promulgated pursuant to\u0027 it; compliance with the Governor\u0027s orders is the condition of the protection. The Governor\u0027s Executive Orders of April 14 and May 12, 2020 (recited in SB 359\u0027s findings, Ex. DUT-GA-012, and in Arbor Management, Ex. DUT-GA-017, at 14) extended this immunity to healthcare institutions and workers as auxiliary emergency management workers, and SB 359 continued those protections beyond the emergency.","sourceUrl":"https://archive.org/download/gov.ga.ocga.2024/T37-T39%20(V28)%202021.pdf","snapshot":"","fileExists":true,"fileBytes":2723495,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-GA","url":"/library/DUT-GA-019","exhibitUrl":"/exhibit/DUT-GA-019","citation":"General Assembly of Georgia (Ga. L. 1951, p. 224, section 17, as amended), O.C.G.A. section 38-3-35 (standing) (Ex. DUT-GA-019)","stateName":"Georgia","related":["DUT-GA-012","DUT-GA-017","DUT-GA-006"]}