Select a different bill



HB 0791 - State government; limited waiver of the state's sovereign immunity for declaratory or injunctive relief under certain circumstance; provide

Tracking Level: Monitor
Sponsor: Chuck Efstration
Last Action: 3/27/2018 - Senate Tabled
House Committee: Judiciary
Senate Committee: Judiciary
Assigned To:
12. All CourtsNext Bill
CivilNext Bill

Staff Analysis of the Legislation

HB 791 amends §21-50 of the O.C.G.A., relating to the waiver of sovereign immunity. Allows sovereign immunity to be waived for claims brought to Georgia’s courts by a person seeking prospective declaratory or injunctive relief against the state, a state governmental entity, or an officer or employee on the basis that it violates the Constitution of Georgia. It also provides for exceptions, including those for monetary relief, those challenging the state’s past conduct, those in relation to a contract to which the state is a party, those dealing with federal courts or activity, or those brought by, or on behalf of, an individual in a penal institution or state mental health facility. It also gives immunity to individual state officers and employees, and it requires notice of the claim.


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