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GA HR1023
Resolution
Status
Passed
8/5/2020
Primary Sponsor
Andrew Welch
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AI Summary
- Proposes an amendment to the Georgia Constitution waiving sovereign immunity to allow citizens to petition superior court for declaratory relief from acts by the state, local governments, or their officers and employees that are outside lawful authority or violate state law, the Georgia Constitution, or the U.S. Constitution
- Courts may issue injunctions to enforce their judgments, but only after first awarding declaratory relief; the waiver applies to past, current, and prospective acts occurring on or after January 1, 2021
- Actions against state entities must be brought exclusively in the name of the State of Georgia; actions against local governments must be brought in the name of that county, consolidated government, or municipality — suits naming unauthorized individual defendants shall be dismissed
- No damages, attorney's fees, or litigation costs may be awarded unless specifically authorized by an Act of the General Assembly
- Preserves existing legal defenses such as administrative exhaustion, ante litem notice requirements, standing, statutes of limitation, and venue, and requires the amendment to be submitted to Georgia voters for ratification or rejection
Legislative Description
Judiciary; people may petition for declaratory relief from certain acts of this state or certain local governments or officers or employees; provide - CA
Last Action
Effective Date
8/5/2020
Full Bill Text
No bill text available