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GA HB791

Bill

Status

Engrossed

2/28/2018

Primary Sponsor

Chuck Efstration

Click for details

Origin

House of Representatives

2017-2018 Regular Session

AI Summary

  • Waives sovereign immunity of political subdivisions (counties, municipal corporations, consolidated governments, and school districts) for claims by aggrieved persons seeking declaratory or injunctive relief to remedy injuries caused by a subdivision acting without lawful authority, beyond its official power, or in violation of the Georgia Constitution, U.S. Constitution, state statutes, state agency rules, or local ordinances

  • Waives sovereign immunity for any action ex contractu (breach of contract) involving a written contract existing on or after the effective date that was entered into by a political subdivision

  • Excludes from the waiver any claims for monetary relief, attorney's fees, or litigation expenses (except under Code Section 9-15-14), claims related to contracts between third parties and political subdivisions, claims alleging federal law violations, and claims brought in federal court

  • Does not create new private rights of action, alter existing sovereign immunity waivers, toll or extend statutes of limitations, or change other legal requirements such as jurisdiction, standing, exhaustion of remedies, or notice requirements

  • Amends Code Section 36-33-1 to explicitly confirm that municipal corporation sovereign immunity is waived as provided under the new Code Section 36-80-26

Legislative Description

State government; limited waiver of the state's sovereign immunity for declaratory or injunctive relief under certain circumstance; provide

Last Action

Senate Tabled

3/27/2018

Full Bill Text

No bill text available