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GA SR841

Resolution

Status

Engrossed

3/12/2020

Primary Sponsor

John Kennedy

Click for details

Origin

Senate

2019-2020 Regular Session

AI Summary

  • Proposes a constitutional amendment to waive sovereign immunity, allowing citizens to petition superior court for declaratory relief against state or local government actions that exceed lawful authority or violate state law, the Georgia Constitution, or the U.S. Constitution
  • Permits courts to issue injunctions to enforce their judgments, but only after first granting declaratory relief; the waiver applies to past, current, and prospective government acts
  • Requires suits against state entities to be brought exclusively in the name of the State of Georgia, and suits against local governments exclusively in the name of that county, consolidated government, or municipality — any action naming an unauthorized individual or entity as defendant must be dismissed
  • Prohibits awards of damages, attorney's fees, or litigation costs unless specifically authorized by an Act of the General Assembly, and preserves existing legal defenses such as standing, statutes of limitation, administrative exhaustion, and ante litem notice requirements
  • Requires submission of the proposed amendment to Georgia voters for ratification or rejection on the ballot

Legislative Description

Legislative Acts; void; people of this state may petition the judiciary for declaratory relief from certain acts of this state that violate the laws or Constitution of this state or the Constitution of the United States; provide -CA

Last Action

House Committee Favorably Reported By Substitute

6/22/2020

Full Bill Text

No bill text available