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HB 0791 - Sovereign Immunity - Waiver for Certain Claims against the State
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Tracking Level: Negotiating
Sponsor: Chuck Efstration
Last Action: 3/27/2018 - Senate Tabled
House Committee: Judiciary
Senate Committee: Judiciary
Assigned To:
Government ImmunityNext Bill
Larry RamseyNext Bill

Staff Analysis of the Legislation

 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. 

Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text

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