Staff Analysis of the Legislation
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In response to several Georgia Supreme Court cases in recent years, this bill would waive the sovereign immunity of the state, counties, and cities with respect to certain non-monetary claims. As to local governments, a party could ask a court for an injunction or declaratory judgment based on an allegation that the government is acting in violation of 1) the U.S. or Georgia Constitutions; 2) state statute; 3) a state rule or regulation; or 4) a local ordinance other than a zoning ordinance. Such claims would have to be preceded by 30-days' notice to the government. A losing bidder in a public procurement would also have the power to challenge the award of a contract if that legal challenge is filed within 10 days of the contract's award. Other provisions limit lawsuits against government officers and employees in their individual capacity. |