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HB 0311 - Sovereign Immunity - Waiver for Certain Claims
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Tracking Level: Negotiating
Sponsor: Andrew Welch (R)
Last Action: 5/10/2019 - Veto V5
House Committee: Judiciary
Senate Committee: Judiciary

Staff Analysis of the Legislation

 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.

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






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