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HR 1023 - Judiciary; people may petition for declaratory relief from certain acts of this state or certain local governments or officers or employees; provide - CA

Tracking Level: Monitor
Sponsor: Andrew Welch (R)
Last Action: 8/5/2020 - Effective Date
House Committee: Judiciary
Senate Committee: Judiciary
Assigned To:
12. All CourtsNext Bill
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Staff Analysis of the Legislation

 

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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