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HR 1023 - Sovereign Immunity - Waiver for Certain Non-Monetary Claims
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Tracking Level: Neutral
Sponsor: Andrew Welch
Last Action: 8/5/2020 - Effective Date
House Committee: Judiciary
Senate Committee: Judiciary
Assigned To:
Government ImmunityNext Bill
Larry RamseyNext Bill

Staff Analysis of the Legislation

This proposed constitutional amendment would waive governmental sovereign immunity to allow lawsuits against the state, counties, and cities for declaratory judgments for actions allegedly outside the scope of their legal authority or in violation of the Georgia or U.S. Constitutions. As amended in the Senate, courts would be authorized to enforce its rulings via injunction on such declaratory rulings. Damages, attorney's fees, and other monetary costs would not be available under this amendment. Such lawsuits would be against the governmental entity, and could not be brought against individual government officials/employees. Governments would retain all other legal defenses to such lawsuits, such an ante litem notice and time limitations on bringing such actions. If ratified by the voters, the amendment would apply to claims arising on or after January 1, 2021.

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