Government Immunity (15)

Date of Last Recorded Action: 5/8/2018

HB 0062 SupportInternet and Out-of-State Retail Sales - Definition of "Dealer" and related Court Proceedings Jay Powell
1/24/2017 House Withdrawn, Recommitted Ways & Means -
Civil Procedure General County Government Government Immunity Larry Ramsey Revenue & Finance
Sales Tax-Local
This bill is a companion bill to HB 61. For sales tax purposes, the definition of "dealer" is amended to add two categories of retailers: 1) any retailer that obtains gross revenues of over $250,000 in a year from sales of tangible personal property (whether delivered physically or electronically) in Georgia, and 2) any retailer that conducts 200 or more such sales in a calendar year. The bill would authorize the Department of Revenue to bring court action to determine whether a company is a "dealer" as defined above, and would also authorize direct appeals of trial court decisions on that issue.
HB 0256 SupportDirect Appeals of Immunity Rulings Barry Fleming
2/9/2017 House Second Readers Judiciary -
2017/02/10 - Report Civil Procedure General County Government Government Immunity Larry Ramsey
This bill allows counties to immediately appeal the denial of sovereign immunity and other immunities. This bill would reverse a recent court decision holding that trial-court permission is necessary for such appeals, which in turn could mean that counties would have to spend taxpayer funds to cover the cost of an entire trial, only to find out in a subsequent appeal that the lawsuit was barred by sovereign or other immunities. Thte language of this bill has been added to HB 791.
HB 0292 NeutralGuns - 2017 Omnibus Bill I Rick Jasperse
5/8/2017 House Date Signed by Governor Public Safety and Homeland Security Judiciary
2017/02/10 - Report 2017/03/06 - Report Airports Correctional Institutions/Jail Econ. Dev. & Transportation
Firearms/Carry Laws General County Government Georgia Bureau of Investigation Government Immunity Law Enforcement
Probate Court Probation Public Safety and Courts Sheriff Todd Edwards

HB 292 is this year's omnibus gun bull.  Georgia will recognize carry licenses for those moving here from other states (which have reciprocity laws with Georgia) for 90 days, so long as the person abides by Georgia's laws; probate judges are authorized to provide information on gun safety; DNR must post a link on its Web site for hunting gun safety course information; folks who legally change their name can get a free replacement license (if within 90 days of their license registration); retired law enforcement officers from other states do not need a license.  Any sheriff or retired sheriff, deputy or retired deputy sheriff, member or retired member of the Georgia State Patrol, member of retired member of GBI and retired law enforcement officer can carry a gun into a courthouse, unless the Sheriff providing security for the courthouse provides a lock box and screens out all other weapons by security personnel.                

 

HB 0371 NeutralExpansion of Municipal Immunity Barry Fleming
2/16/2017 House Second Readers Judiciary -
General County Government Government Immunity Larry Ramsey
This legislation amends and expands the immunity provided to cities, to more closely correspond to state and county immunities.
HB 0379 NeutralGeorgia Public Road Authority Act Kevin Tanner
2/17/2017 House Second Readers Transportation -
2017/02/17-Report Econ. Dev. & Transportation Financing General County Government Government Immunity
Kathleen Bowen Procurement Revenue & Finance Roads Transportation
Transportation Funding
This legislation creates the Georgia Public Road Authority, which would have the ability to issue revenue bonds on behalf of counties and municipalities for the construction of local public roads. This Authority would also have the power to issue bonds for “public-private initiatives”.
HB 0475 SupportRequirements for Charitable Contributions Receptacles for Donations on Private Property Buddy Harden
7/1/2018 Effective Date Judiciary Regulated Industries and Utilities
Debra Nesbit Government Immunity Law Enforcement Public Safety and Courts
This legislation allows a property owner to have an unauthorized collection receptacle removed from their property. If the receptacle is not removed, then the owner may request "law enforcement personnel" take possession of, remove and dispose of the collection receptacle and its contents.  The law enforcement personnel has the discretion to honor the request.  The law enforcement personnel will be immune from civil or criminal liability.
HB 0674 NegotiatingSovereign Immunity Waiver for Injunctions and Declaratory Judgments Wendell Willard
1/18/2018 House - House Second Readers Judiciary -
2018/01/12 Report General County Government Government Immunity Larry Ramsey Public Safety and Courts
This bill would waive the sovereign immunity of the state and local goverments as to particular types of lawsuits: requests for injunctions and declaratory judgment claims. Sovereign immunity would not be waived for claims for monetary damages and attorneys fees. If passed, governments could be sued for violations of the constitution, state law, or local ordinance, with a judge having the power to enter an injunction ordering the government to stop such violations. The substance of this bill has been added to HB 791.
HB 0752 EvaluatingInvestigative and Arrest Powers Granted to GEMA for Homeland Security Purposes Alan Powell
1/30/2018 House - House Second Readers Public Safety and Homeland Security -
2018/02/02 Report Debra Nesbit Econ. Dev. & Transportation Emergency Management/Preparedness General County Government
Georgia Bureau of Investigation Government Immunity Health and Human Services Law Enforcement Nat. Res. & the Environment
Public Safety and Courts
This legislation expands the scope of GEMA and grants them arrest and investigative powers and statewide jurisdiction in homeland security matters.
HB 0779 NeutralCreation of the Homeland Security Division of the Georgia Emergency Management Agency Alan Powell
7/1/2018 Effective Date Public Safety and Homeland Security Public Safety
2018/02/02 Report 2018/03/16 Report Debra Nesbit Emergency Management/Preparedness Firearms/Carry Laws
Georgia Bureau of Investigation Government Immunity Health and Human Services Law Enforcement Public Safety and Courts
This legislation creates the Board of Homeland Security to be administratively attached to the Georgia Emergency Management Agency. The purpose of the Board is to coordinate all homeland security activities.
HB 0791 NegotiatingSovereign Immunity - Waiver for Certain Claims against the State Chuck Efstration
3/27/2018 Senate - Senate Tabled Judiciary Judiciary
2018/02/02 Report 2018/02/09 Report 2018/02/23 Report 2018/03/16 Report 2018/03/2 Report
2018/03/23 Report General County Government Government Immunity Larry Ramsey Public Safety and Courts

 Following recommendations of the Governor's Court Reform Council and in response to several recent Georgia Supreme Court decisions, this bill would allow for a limited waiver of the state's sovereign immunity so as to allow lawsuits against the state for injunctions and/declaratory judgments where a state law is alleged to be unconstitutional. As amended in House committee, the substance of HB 674 was added to this bill, waiving county and city sovereign immunity for injunctive/declaratory relief for allegations that the local government has violated a constitutional provision, statute, state rule/regulation, or local ordinance. Immunity would still apply to any  related monetary damages. The amended version also permits direct appeals of trial court orders ruling that immunity does not apply to a claim (from HB 256).

A substitute version approved by the Senate Judiciary Committee removes local governments from the scope of this bill but retains the direct-appeal authorization. 

HB 0904 NeutralRecreational Property Owners act - Effect of Charging Admission Meagan Hanson
7/1/2018 Effective Date Judiciary Agriculture and Consumer Affairs
2018/02/23 Report 2018/03/2 Report General County Government Government Immunity Larry Ramsey
This bill would remove the immunity otherwise provided to owners of recreational property made available to the public if such owners charge anyone for admission. This bill seeks to overturn a recent court decision that provided such immunity if the specific injured person was not charged for admission, regardless of whether others were charged for admission.
SB 0127 NeutralVictim's may Assert Rights When Law is not Followed John Kennedy
5/8/2018 Act 468 Judiciary - Non-Civil Judiciary
Clerk of Court Criminal Procedure Debra Nesbit District Attorneys General County Government
Government Immunity Public Safety and Courts Solicitors State Court Superior Court
This legislation amends the Crime Victim's Bill of Rights to allow a victim to bring to the attention of the court allegations that the law has not been followed.
SB 0329 EvaluatingBoards of Health - Subject to State Tort Claims Act Renee Unterman
1/19/2018 Senate - Senate Read and Referred -Judiciary
2018/01/26 Report General County Government Government Immunity Health and Human Services Larry Ramsey
This bill would make Boards of Health subject to tort lawsuits in the same manner as the State of Georgia and state agencies.
SB 0431 NeutralRecreational Property Owners Act - Effect of Charging Admission Fee Blake Tillery
3/7/2018 House - House Committee Favorably Reported Judiciary Judiciary
2018/02/16 Report General County Government Government Immunity Larry Ramsey
This bill would remove the immunity normally afforded an owner who makes recreational property availabe to the public, if that owner charges anyone for admission. This bill seeks to overturn a recent court case holding that immunity applies if the injured person was not charged for admission, regardless of whether other persons were charged for admission.
SR 0146 WatchConstitutional Amendment to Provide Certain Rights and Enforcement of those Rights of Victims of Crime John Kennedy
5/8/2018 Act 467 Judiciary - Non-Civil Judiciary
Criminal Procedure Debra Nesbit District Attorneys Government Immunity Health and Human Services
Juveniles Law Enforcement Public Safety and Courts Solicitors State Court
Superior Court
This legislation asks the voters to approve an amendment to the Georgia Constitution establishing rights of victims due to an act committed in violation of the criminal or juvenile delinquency laws.
Green background on status indicates a bill has been acted on the last recorded legislative day.








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