Staff Analysis of the Legislation
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Following recommendations of the Governor's Court Reform Council and in response to several recent Georgia Supreme Court decisions, this bill would allow for a limited waiver of the state's sovereign immunity so as to allow lawsuits against the state for injunctions and/declaratory judgments where a state law is alleged to be unconstitutional. As amended in House committee, the substance of HB 674 was added to this bill, waiving county and city sovereign immunity for injunctive/declaratory relief for allegations that the local government has violated a constitutional provision, statute, state rule/regulation, or local ordinance. Immunity would still apply to any related monetary damages. The amended version also permits direct appeals of trial court orders ruling that immunity does not apply to a claim (from HB 256). A substitute version approved by the Senate Judiciary Committee removes local governments from the scope of this bill but retains the direct-appeal authorization. |