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GA HB59
Bill
Status
Vetoed
5/3/2016
Primary Sponsor
Wendell Willard
Click for details
AI Summary
- Waives sovereign immunity for claims seeking declaratory judgment or injunctive relief against the state or any political subdivision when the government acted without lawful authority, beyond official power, and in violation of the Georgia Constitution, state law, or local ordinance
- Excludes from the waiver any claims for monetary relief, attorney's fees, or litigation expenses, as well as claims related to government contracts, claims by individuals in penal institutions or state mental health facilities, and cases where state law explicitly prohibits such waiver
- Waives sovereign immunity for declaratory judgment or injunctive relief in quia timet proceedings (actions to remove clouds on real estate titles), but similarly excludes claims for monetary relief, attorney's fees, or litigation expenses
- Requires proceedings involving title to property or instruments held by the state to be served on the Attorney General, and treats the Attorney General's failure to file a responsive pleading as the state's acquiescence to the petitioner's claim
- Applies only to claims arising on or after the date the Act becomes effective upon the Governor's approval, and extends the sovereign immunity waiver provisions to municipal corporations
Legislative Description
State tort claims; waiver of sovereign immunity for declaratory judgment or injunctive relief; provide
Last Action
Veto V2
5/3/2016
Full Bill Text
No bill text available