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HB 0059 - State tort claims; waiver of sovereign immunity for declaratory judgment or injunctive relief; provide

Tracking Level: Passed
Sponsor: Willard, Wendell 51st
Last Action: 5/3/2016 - House Date Signed by Governor
State Code Titles: 50
House Committee: Judy
Senate Committee: JUDY
Assigned To:
05. Superior CourtsNext Bill

Staff Analysis of the Legislation

HB 59 amends O.C.GA. Chapter 21 of Title 50, Chapter 3 of Title 23, and § 36-33-1. HB 59 amends code sections relating to actions ex contractu, conventional quia timet, and to a municipal corporation's immunity from liability for damages, by providing for a waiver of sovereign immunity brought by a person seeking declaratory judgment or injunctive relief in a conventional quiet title against the state or any political subdivision, to remedy a violation of a state law, except when a law explicitly prohibits such a waiver. However, sovereign immunity is not waived relating to any claim for monetary relief, attorney’s fees, or expenses of litigation, or in any claim brought by or on behalf of an inmate or institutionalized person.


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