Government Immunity (10)

Date of Last Recorded Action: 4/24/2024

HB 0050 NeutralStatues and Monuments - County Restrictions on Relocating Benton, Tommy 31st
4/2/2015 House Withdrawn, Recommitted SProp --
General County Government Government Immunity Todd Edwards

This legislation amends the law prohibiting counties from removing certain monuments from county property. Pursuant to this legislation, counties could relocate monuments honoring or recounting military service when necessary to build or expand buildings, roads and edifices.  If possible, any relocation must be to a site of similar prominence, honor, visibility, availability and access within the county where the monument was originally located. Monuments may not be relocated to a museum, cemetery or mausoleum unless the monument was originally placed in such a location.

Any person or entity "adversely affected" by a violation of this legislation may notify the county, which has 120 to rectify the violation or the person can seek injunctive relief through the courts.  

 

HB 0059 NeutralProvide Waiver of Sovereign Immunity for Declatory Judgment Willard, Wendell 51st
5/3/2016 House Date Signed by Governor Judy JUDY -
Debra Nesbit General County Government Government Immunity

This legislation allows injunctions and declaratory judgment actions to be brought against the county (i.e., it waives sovereign immunity) when the county causes injury to a person by acting in violation of the Georgia Constitution or state law.  This waiver of sovereign immunity does not allow the person bringing the lawsuit to obtain monetary damages, attorney's fees or litigation costs.  HB 59 does not allow inmates or institutionalized individuals to bring injunctions or declaratory judgment actions against counties.  

HB 0230 NeutralInnocent Persons Compensation Act Hugley, Carolyn 136th
3/18/2015 Senate Read and Referred JudyNC APPROP -
Criminal Procedure Debra Nesbit District Attorneys General County Government Government Immunity
Law Enforcement Public Safety and Courts State Court Superior Court
This legislation establishes a process and criteria for determining the compensation for a person wrongfully convicted and imprisoned.
HB 0491 NeutralPublic Health May Provide Epi-Pens Cantrell, Wes 22nd
3/2/2015 House Second Readers H&HS --
Debra Nesbit General County Government Government Immunity Health and Human Services

This legislation allows prescriptions for auto injectible epinephrine ("epi pens") to be written to recreation camps, youth sport leagues, amusement parks, sports arenas and places of employment.  These "entities" must designate an employer or employees to receive training to administer the epi pens in case of emergency.

HB 0785 OpposeTownships - Create with Zoning, Land Use and Building Code Powers Dudgeon, Mike 25th
1/22/2016 House Second Readers GAff --
Annexation/Municipalization Auditing/Budget Business and Occupation Tax Code Enforcement Elections
Eminent Domain/Condemnation Ethics Form of Government General County Government Government Immunity
Land Conservation Land Use/Zoning Magistrate Court Open Records/Meetings Act Property Tax
Public Safety and Courts Revenue & Finance Sales Tax-Local Service Delivery Tax Commissioner
Todd Edwards

This legislation, similar to SB 272, would allow for the creation of townships via local legislation with land use, zoning, subdivision, building permit and code enforcement powers, if the voters first approve a statewide referendum approving a constitutional amendment. Companion resolutions, HR 1051 and SR 724, if passed, will call for the statewide referendum to amend the constitution allowing townships to have zoning powers. Townships could levy up to a .5 mill property tax, annex and transition to cityhood. Though counties would have no say in the above decisions, counties must continue to provide all services and infrastructure to the area as they would any unincorporated area. Counties would have an opportunity to comment on township decisions, but nothing is binding or mediated.

HB 0837 EvaluatingReligious Freedom Restoration Act Setzler, Ed 35th
1/27/2016 House Second Readers Judy --
Correctional Institutions/Jail General County Government Government Immunity Land Use/Zoning Personnel/Employment
Public Safety and Courts Todd Edwards
This legislation enacts the Religious Freedom Restoration Act, applying the federal law to the Georgia state and local governments. A person aggrieved by perceived violations of religious freedom may seek a declaratory judgment or injunctive relief from that government and, if they prevail, be awarded attorneys fees (though governments may not recover fees if they prevail). Furthermore, the defense of sovereign immunity is waived to any claims in the above areas, but not waived for claims for monetary damages.
HB 0920 NeutralRestrictions for Civil Actions Against Passive Investors in Nursing Homes Kelley, Trey 16th
7/1/2016 Effective Date Judy H&HS -
Debra Nesbit General County Government Government Immunity Health and Human Services
This legislation protects passive investors in nursing homes and intermediate care homes from civil action.  
HB 1114 NeutralBrunswick-Glynn County Joint Water and Sewer Commission; provide immunity and exemption from liability Jones, Jeff 167th
3/31/2016 House Date Signed by Governor IGC SLGO -
Government Immunity Local Legislation Sewer/Septage Water Quality
SB 0272 OpposeTownships - Create with Zoning, Land Use and Building Code Powers Ligon, Jr., William 3rd
1/21/2016 Senate Read and Referred -SLGO -
Annexation/Municipalization Business and Occupation Tax Code Enforcement Elections Eminent Domain/Condemnation
Ethics Forfeitures, Fees, and Fine Add Ons Form of Government General County Government Government Immunity
Land Conservation Land Use/Zoning Magistrate Court Open Records/Meetings Act Property Tax
Public Safety and Courts Revenue & Finance Sales Tax-Local Service Delivery Todd Edwards

This legislation, similar to HB 785, would allow for the creation of townships via local legislation with land use, zoning, subdivision, building permit and code enforcement powers, if Georgia voters first approve a statewide referendum approving a constitutional amendment. Companion resolutions, SR 724 and HR 1051, if passed, will call for the statewide referendum to amend the constitution allowing townships to have zoning powers. Townships could levy up to a .5 mill property tax, annex and transition to cityhood. Though counties would have no say in the above decisions, counties must continue to provide all services and infrastructure to the area as they would any unincorporated area. Counties would have an opportunity to comment on township decisions, but nothing is binding or mediated.

SB 0284 EvaluatingFirst Amendment Defense Act of Georgia Kirk, Greg 13th
1/22/2016 Senate Read and Referred -RULES -
General County Government Government Immunity Immigration Personnel/Employment Probate Court
Property Tax Public Safety and Courts Revenue & Finance Sales Tax-Local Tax Commissioner
Todd Edwards
This legislation prohibits the state and local governments from taking any disciplinary action against a person/employee for believing, speaking or acting in accordance with a belief that marriage is or should be recognized as the union of one man and one woman or that sexual relations are immoral outside of wedlock.  Persons aggrieved by having these beliefs violated may go to court to obtain special damages, a declaratory judgment, or injunctive or other relief against the government.
Green background on status indicates a bill has been acted on the last recorded legislative day.








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