Staff Analysis of the Legislation
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HR 1023 proposes a constitutional amendment to be placed on the ballot in November 2020 to waive sovereign immunity and allow citizens to
petition superior courts to seek declaratory relief from acts of the state or
local governments that are done outside of the scope of legal authority or that
violate the law. Such a wavier would apply to apply to past, current, and prospective acts which occur on or after January 1, 2021 Petitions against actions of the state shall
be brought exclusively against the State of Georgia and petitions against
actions of local governments shall be brought exclusively against the relevant
governmental entity. This amendment would not affect the power of the court
including the power to dismiss or deny relief, though it does allow the General
Assembly to limit this power. No damages, attorney's fees, or costs of
litigation shall be awarded in an action authorized by this amendment.
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