| 1 | 1 | | 24 LC 49 1482 |
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| 2 | 2 | | House Bill 1262 |
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| 3 | 3 | | By: Representative Mainor of the 56 |
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| 4 | 4 | | th |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to |
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| 9 | 9 | | 1 |
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| 10 | 10 | | elementary and secondary education, so as to provide for a cause of action by aggrieved2 |
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| 11 | 11 | | students against local education agencies for breach of the duty to provide for an adequate3 |
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| 12 | 12 | | public education; to provide for definitions; to provide for construction; to require each local4 |
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| 13 | 13 | | education agency to provide for an adequate public education to each enrolled student in each5 |
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| 14 | 14 | | core academic course; to provide for remedies; to provide for waiver of sovereign immunity;6 |
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| 15 | 15 | | to amend Title 36, Chapter 21 of Title 50, and Code Section 5-6-34 of the Official Code of7 |
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| 16 | 16 | | Georgia Annotated, relating to local government, waiver of sovereign immunity as to actions8 |
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| 17 | 17 | | ex contractu and state tort claims, and judgments and rulings deemed directly appealable,9 |
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| 18 | 18 | | respectively, so as to provide for a limited waiver of sovereign immunity for breach of the10 |
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| 19 | 19 | | duty to provide for an adequate public education; to provide for definitions; to provide for11 |
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| 20 | 20 | | exceptions; to provide for immunity of officers and employees in their individual capacity;12 |
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| 21 | 21 | | to provide for appeals; to provide for legislative findings and intent; to provide for related13 |
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| 22 | 22 | | matters; to provide for an effective date and applicability; to provide for related matters; to14 |
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| 23 | 23 | | repeal conflicting laws; and for other purposes.15 |
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| 24 | 24 | | H. B. 1262 |
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| 25 | 25 | | - 1 - 24 LC 49 1482 |
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| 26 | 26 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: |
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| 27 | 27 | | 16 |
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| 28 | 28 | | PART I17 |
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| 29 | 29 | | SECTION 1-1.18 |
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| 30 | 30 | | (a) The General Assembly finds that:19 |
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| 31 | 31 | | (1) Paragraph I of Section I of Article VIII of the Georgia Constitution states, "The20 |
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| 32 | 32 | | provision of an adequate public education shall be a primary obligation of the State of21 |
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| 33 | 33 | | Georgia.";22 |
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| 34 | 34 | | (2) Local boards of education, other public school governing bodies, local school23 |
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| 35 | 35 | | systems, public schools, private schools that receive state funds for educational purposes,24 |
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| 36 | 36 | | and the officers and employees thereof, are essentially responsible for ensuring the state25 |
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| 37 | 37 | | meets its constitutional obligation to provide an adequate public education;26 |
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| 38 | 38 | | (3) The proper functioning of state government requires that state officers and employees27 |
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| 39 | 39 | | be free to act and to make decisions, in good faith, without fear of thereby exposing28 |
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| 40 | 40 | | themselves to lawsuits and without fear of the loss of their personal assets;29 |
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| 41 | 41 | | (4) The responsibility of public school officers and employees to educate, monitor,30 |
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| 42 | 42 | | supervise, and control students is a discretionary action which is protected by the doctrine31 |
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| 43 | 43 | | of sovereign immunity as a matter of fact, law, and sound public policy; and32 |
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| 44 | 44 | | (5) While the officers and employees of Georgia's public schools have traditionally not33 |
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| 45 | 45 | | been subject to lawsuit or liability arising from the performance or nonperformance of34 |
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| 46 | 46 | | their official duties or functions, the strict application of the traditional doctrine of35 |
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| 47 | 47 | | sovereign immunity can result and has resulted in unfair and inequitable results for36 |
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| 48 | 48 | | residents of this state.37 |
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| 49 | 49 | | (b) It is the intent of the General Assembly to provide for a limited waiver of the state's38 |
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| 50 | 50 | | sovereign immunity for certain individual claims alleging deprivation of an adequate public39 |
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| 51 | 51 | | education.40 |
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| 52 | 52 | | H. B. 1262 |
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| 53 | 53 | | - 2 - 24 LC 49 1482 |
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| 54 | 54 | | PART II |
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| 55 | 55 | | 41 |
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| 56 | 56 | | SECTION 2-1.42 |
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| 57 | 57 | | Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and43 |
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| 58 | 58 | | secondary education, is amended by adding a new article to read as follows:44 |
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| 59 | 59 | | "ARTICLE 18B |
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| 60 | 60 | | 45 |
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| 61 | 61 | | 20-2-1005.46 |
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| 62 | 62 | | As used in this article, the term:47 |
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| 63 | 63 | | (1) 'Governing body' means the local board of education, governing council, governing48 |
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| 64 | 64 | | board, or other entity by whatever name responsible for creating and implementing the49 |
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| 65 | 65 | | budget of a local education agency.50 |
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| 66 | 66 | | (2) 'Local education agency' means any local school system, any charter school subject51 |
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| 67 | 67 | | to the provisions of Article 31 or 31A of this chapter, and any completion special school52 |
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| 68 | 68 | | subject to the provisions of Article 31C of this chapter, except this shall not include53 |
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| 69 | 69 | | college and career academies that are charter schools; conversion charter schools, as54 |
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| 70 | 70 | | defined in Code Section 20-2-2062, whose charter is not held by a nonprofit corporation;55 |
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| 71 | 71 | | or system charter schools, as defined in Code Section 20-2-2062.56 |
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| 72 | 72 | | (3) 'Public school' means any public school in this state.57 |
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| 73 | 73 | | (4) 'Student' means any person who has been enrolled as a student by a local education58 |
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| 74 | 74 | | agency.59 |
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| 75 | 75 | | 20-2-1006.60 |
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| 76 | 76 | | (a) Each local education agency shall provide for an adequate public education to each61 |
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| 77 | 77 | | enrolled student in each core academic course.62 |
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| 78 | 78 | | H. B. 1262 |
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| 79 | 79 | | - 3 - 24 LC 49 1482 |
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| 80 | 80 | | (b) A student aggrieved by the failure or refusal of the local education agency enrolling63 |
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| 81 | 81 | | such student to provide for an adequate public education in one or more core academic64 |
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| 82 | 82 | | courses may recover against such local education agency for the breach of such legal duty65 |
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| 83 | 83 | | if he or she suffers damage thereby.66 |
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| 84 | 84 | | (c) A student who is entitled to recover against a local education agency for such local67 |
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| 85 | 85 | | education agency's breach of its duty to provide such student with an adequate public68 |
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| 86 | 86 | | education shall be entitled to an award of compensatory education services, reimbursement69 |
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| 87 | 87 | | for the costs of tuition and expenses directly related to enrollment for up to one year in an70 |
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| 88 | 88 | | accredited postsecondary preparation program or a workforce development program71 |
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| 89 | 89 | | recognized by the Office of Workforce Development, and attorney's fees or expenses of72 |
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| 90 | 90 | | litigation as provided in Code Section 9-15-14.73 |
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| 91 | 91 | | (d) If a judgment or finding is rendered in favor of a local education agency in any action,74 |
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| 92 | 92 | | complaint, or other proceeding brought by or on behalf of a student and arising out of or75 |
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| 93 | 93 | | resulting from the alleged failure to provide for an adequate public education and such76 |
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| 94 | 94 | | action or complaint is found to be nonmeritorious, frivolous, or without just cause, all77 |
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| 95 | 95 | | reasonable court costs, reasonable attorney's fees, and reasonable expenses incurred by the78 |
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| 96 | 96 | | public school in defending such action or complaint shall be assessed by the court and shall79 |
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| 97 | 97 | | be paid by the plaintiff.80 |
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| 98 | 98 | | (e) Except as expressly provided for in this article, in Article 2 of Chapter 80 of Title 36,81 |
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| 99 | 99 | | and in Article 3 of Chapter 21 of Title 50, nothing in this article shall be construed as82 |
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| 100 | 100 | | waiving any immunity or privilege now or hereafter enjoyed by the State Board of83 |
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| 101 | 101 | | Education, by the Department of Education, by the board of control of any cooperative84 |
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| 102 | 102 | | educational service agency, by any local board of education, by any other public school85 |
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| 103 | 103 | | governing body, by any school system, by any member or employee of any such board,86 |
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| 104 | 104 | | body, department, or system, or as waiving any immunity or privilege of any state or other87 |
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| 105 | 105 | | public body, board, agency, or political subdivision."88 |
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| 106 | 106 | | H. B. 1262 |
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| 107 | 107 | | - 4 - 24 LC 49 1482 |
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| 108 | 108 | | PART III |
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| 109 | 109 | | 89 |
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| 110 | 110 | | SECTION 3-1.90 |
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| 111 | 111 | | Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended91 |
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| 112 | 112 | | in Code Section 36-33-1, relating to a municipal corporation's immunity from liability for92 |
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| 113 | 113 | | damages and the waiver of immunity by the purchase of liability insurance, by adding a new93 |
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| 114 | 114 | | subsection to read as follows:94 |
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| 115 | 115 | | "(c) Sovereign immunity of a municipal corporation shall be waived as provided in |
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| 116 | 116 | | 95 |
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| 117 | 117 | | Article 2 of Chapter 80 of this title."96 |
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| 118 | 118 | | SECTION 3-2.97 |
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| 119 | 119 | | Said title is further amended in Chapter 80, relating to general provisions regarding98 |
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| 120 | 120 | | provisions applicable to counties, municipal corporations, and other governmental entities,99 |
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| 121 | 121 | | by designating the existing Code sections as Article 1 and adding a new article to read as100 |
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| 122 | 122 | | follows:101 |
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| 123 | 123 | | "ARTICLE 2102 |
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| 124 | 124 | | 36-80-50.103 |
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| 125 | 125 | | As used in this article, the term:104 |
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| 126 | 126 | | (1) 'Governmental entity' means a department, agency, division, bureau, board,105 |
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| 127 | 127 | | commission, authority, office, or committee formed or established by a political106 |
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| 128 | 128 | | subdivision.107 |
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| 129 | 129 | | (2)(A) 'Officer or employee' means, whether with or without compensation, any natural108 |
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| 130 | 130 | | person who is:109 |
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| 131 | 131 | | (i) Elected to a political subdivision office;110 |
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| 132 | 132 | | (ii) Appointed to a political subdivision governmental entity; or111 |
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| 133 | 133 | | H. B. 1262 |
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| 134 | 134 | | - 5 - 24 LC 49 1482 |
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| 135 | 135 | | (iii) Employed by a political subdivision or a political subdivision governmental112 |
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| 136 | 136 | | entity.113 |
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| 137 | 137 | | (B) Such term shall not include an independent contractor doing business with this114 |
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| 138 | 138 | | state, a political subdivision, a state governmental entity, or a political subdivision115 |
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| 139 | 139 | | governmental entity.116 |
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| 140 | 140 | | (3) 'Penal institution' shall have the same meaning as set forth in Code Section 42-1-5.117 |
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| 141 | 141 | | (4) 'Person' shall have the same meaning as set forth in Code Section 50-21-50.118 |
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| 142 | 142 | | (5) 'Political subdivision' means a county, municipal corporation, or consolidated119 |
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| 143 | 143 | | government.120 |
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| 144 | 144 | | (6) 'State' shall have the same meaning as set forth in Code Section 50-21-50.121 |
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| 145 | 145 | | (7) 'State mental health facility' shall have the same meaning as set forth in Code122 |
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| 146 | 146 | | Section 37-1-1.123 |
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| 147 | 147 | | (8) 'State statute' means a title, chapter, article, part, subpart, Code section, or part thereof124 |
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| 148 | 148 | | that is codified in the Official Code of Georgia Annotated or has become law.125 |
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| 149 | 149 | | (9) 'Suit' means a civil lawsuit or legal proceeding that contains one or more claims.126 |
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| 150 | 150 | | 36-80-51.127 |
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| 151 | 151 | | (a) Sovereign immunity of a political subdivision as defined in Code Section 36-80-50, a128 |
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| 152 | 152 | | political subdivision governmental entity as defined in Code Section 36-80-50, or an officer129 |
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| 153 | 153 | | or employee as defined in Code Section 36-80-50 in his or her official capacity is hereby130 |
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| 154 | 154 | | waived as to any claim for the breach of the duty to provide for an adequate public131 |
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| 155 | 155 | | education to an aggrieved student as provided in Article 18B of Chapter 2 of Title 20 by132 |
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| 156 | 156 | | any officers and employees while acting within the scope of their official duties or133 |
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| 157 | 157 | | employment and shall be liable for such breach in the same manner as a private person or134 |
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| 158 | 158 | | entity would be liable under like circumstances; provided, however, that such sovereign135 |
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| 159 | 159 | | immunity is waived subject to all exceptions and limitations set forth in this article. The136 |
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| 160 | 160 | | governmental entity shall have no liability for losses resulting from conduct on the part of137 |
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| 161 | 161 | | H. B. 1262 |
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| 162 | 162 | | - 6 - 24 LC 49 1482 |
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| 163 | 163 | | officers or employees which was not within the scope of their official duties or138 |
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| 164 | 164 | | employment.139 |
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| 165 | 165 | | (b) This Code section shall not waive sovereign immunity of a political subdivision, a140 |
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| 166 | 166 | | political subdivision governmental entity, or an officer or employee in his or her official141 |
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| 167 | 167 | | capacity as to any claim:142 |
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| 168 | 168 | | (1) For which a state statute explicitly prohibits such waiver;143 |
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| 169 | 169 | | (2) For monetary relief, attorney's fees, or expenses of litigation except as provided in144 |
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| 170 | 170 | | Code Section 9-15-14;145 |
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| 171 | 171 | | (3) Alleging a violation of federal law, other than the United States Constitution;146 |
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| 172 | 172 | | (4) Brought in a court of the United States; or147 |
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| 173 | 173 | | (5) Brought by, or on behalf of, a person in a penal institution or a state mental health148 |
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| 174 | 174 | | facility.149 |
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| 175 | 175 | | 36-80-52.150 |
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| 176 | 176 | | This article shall be narrowly construed and shall not:151 |
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| 177 | 177 | | (1) Toll or extend any applicable period of limitations;152 |
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| 178 | 178 | | (2) Alter or amend any other waiver of sovereign immunity provided by state statute;153 |
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| 179 | 179 | | (3) Be construed to waive other immunities provided by state statute or recognized by154 |
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| 180 | 180 | | the courts of this state, including, but not limited to, grand juror immunity, judicial155 |
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| 181 | 181 | | immunity, legislative immunity, official immunity, prosecutorial immunity, or qualified156 |
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| 182 | 182 | | immunity; or157 |
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| 183 | 183 | | (4) Except as expressly waived by this article, alter or amend any other legal requirement158 |
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| 184 | 184 | | for filing a suit or obtaining relief, including, but not limited to, jurisdiction, standing,159 |
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| 185 | 185 | | exhaustion of administrative or other remedies, notice requirements, and defenses to or160 |
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| 186 | 186 | | limitations on the exercise of equitable jurisdiction.161 |
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| 187 | 187 | | H. B. 1262 |
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| 188 | 188 | | - 7 - 24 LC 49 1482 |
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| 189 | 189 | | 36-80-53.162 |
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| 190 | 190 | | (a) An officer or employee shall not be subject to a suit under this article in his or her163 |
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| 191 | 191 | | individual capacity for performance or nonperformance of his or her official duties.164 |
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| 192 | 192 | | (b) The immunity conferred by subsection (a) of this Code section shall:165 |
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| 193 | 193 | | (1) Extend to any suit, including, but not limited to, suits seeking monetary, declaratory,166 |
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| 194 | 194 | | or injunctive relief, unless such suit against such officer or employee in his or her167 |
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| 195 | 195 | | individual capacity is expressly authorized by state statute; and168 |
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| 196 | 196 | | (2) Apply notwithstanding an allegation in a suit that an officer's or employee's conduct169 |
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| 197 | 197 | | was ultra vires, unconstitutional, or illegal.170 |
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| 198 | 198 | | 36-80-54.171 |
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| 199 | 199 | | A suit for which sovereign immunity is waived under this article shall name only the172 |
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| 200 | 200 | | political subdivision, a political subdivision governmental entity, an officer or employee173 |
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| 201 | 201 | | in his or her official capacity, or a combination thereof. If an officer or employee is named174 |
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| 202 | 202 | | in such suit in his or her individual capacity, upon proper motion, the court shall dismiss175 |
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| 203 | 203 | | him or her as the party defendant and, if appropriate, order such officer or employee in his176 |
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| 204 | 204 | | or her official capacity be joined as a party defendant.177 |
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| 205 | 205 | | 36-80-55.178 |
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| 206 | 206 | | (a) No suit for which sovereign immunity is waived under this article against a political179 |
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| 207 | 207 | | subdivision, a political subdivision governmental entity, or an officer or employee in his180 |
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| 208 | 208 | | or her official capacity as provided in Code Section 36-80-51 shall be commenced, and the181 |
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| 209 | 209 | | courts of this state shall not have jurisdiction thereof, until 30 days after the date that a182 |
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| 210 | 210 | | written notice is mailed by certified mail, return receipt requested, or by statutory overnight183 |
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| 211 | 211 | | delivery to:184 |
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| 212 | 212 | | (1) The sole county commissioner or chairperson of the county commission, as the case185 |
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| 213 | 213 | | may be, in the case of a county; or186 |
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| 214 | 214 | | H. B. 1262 |
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| 215 | 215 | | - 8 - 24 LC 49 1482 |
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| 216 | 216 | | (2) The mayor or chairperson of the city council or city commission, as the case may be,187 |
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| 217 | 217 | | in the case of a municipal corporation or consolidated government.188 |
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| 218 | 218 | | (b) Such notice shall identify the action being challenged pursuant to this article and the189 |
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| 219 | 219 | | nature of the relief being sought.190 |
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| 220 | 220 | | (c) No suit containing a claim under Code Section 36-80-51 shall proceed in the courts of191 |
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| 221 | 221 | | this state until the plaintiff provides the court with proof of service upon the appropriate192 |
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| 222 | 222 | | authority as provided in this Code section.193 |
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| 223 | 223 | | (d) The notice required by this Code section shall not be required for suits brought194 |
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| 224 | 224 | | pursuant to paragraph (3) of subsection (b) of Code Section 36-80-51.195 |
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| 225 | 225 | | (e) A suit for which notice has been provided in accordance with this Code section shall196 |
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| 226 | 226 | | be filed no later than 90 days after such notice has been provided."197 |
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| 227 | 227 | | PART IV198 |
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| 228 | 228 | | SECTION 4-1.199 |
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| 229 | 229 | | Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to waiver of200 |
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| 230 | 230 | | sovereign immunity as to actions ex contractu and state tort claims, is amended by adding201 |
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| 231 | 231 | | a new article to read as follows:202 |
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| 232 | 232 | | "ARTICLE 3203 |
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| 233 | 233 | | 50-21-50.204 |
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| 234 | 234 | | As used in this article, the term:205 |
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| 235 | 235 | | (1) 'Governmental entity' means a department, agency, division, bureau, board,206 |
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| 236 | 236 | | commission, authority, office, or committee.207 |
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| 237 | 237 | | (2)(A) 'Officer or employee' means, whether with or without compensation, any natural208 |
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| 238 | 238 | | person who is:209 |
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| 239 | 239 | | H. B. 1262 |
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| 240 | 240 | | - 9 - 24 LC 49 1482 |
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| 241 | 241 | | (i) Elected to a state office;210 |
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| 242 | 242 | | (ii) Appointed to a state governmental entity; or211 |
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| 243 | 243 | | (iii) Employed by the state or a state governmental entity.212 |
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| 244 | 244 | | (B) Such term shall not include an independent contractor doing business with this213 |
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| 245 | 245 | | state or a state governmental entity.214 |
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| 246 | 246 | | (3) 'Penal institution' shall have the same meaning as set forth in Code Section 42-1-5.215 |
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| 247 | 247 | | (4) 'Person' means an individual, corporation, partnership, firm, business trust,216 |
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| 248 | 248 | | joint-stock company, association, syndicate, group, pool, joint venture, unincorporated217 |
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| 249 | 249 | | association or group, county, municipal corporation, consolidated government, or school218 |
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| 250 | 250 | | system, but such term shall not include a hospital authority, housing or other local219 |
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| 251 | 251 | | authority, or any other unit of local government.220 |
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| 252 | 252 | | (5) 'State' means the State of Georgia, but such term shall not include a county,221 |
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| 253 | 253 | | municipal corporation, consolidated government, school system, hospital authority,222 |
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| 254 | 254 | | housing or other local authority, or any other unit of local government.223 |
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| 255 | 255 | | (6) 'State mental health facility' shall have the same meaning as set forth in Code Section224 |
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| 256 | 256 | | 37-1-1.225 |
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| 257 | 257 | | (7) 'State statute' means a title, chapter, article, part, subpart, Code section, or part thereof226 |
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| 258 | 258 | | that is codified in the Official Code of Georgia Annotated or has become law.227 |
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| 259 | 259 | | (8) 'Suit' means a civil lawsuit or legal proceeding that contains one or more claims.228 |
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| 260 | 260 | | 50-21-51.229 |
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| 261 | 261 | | (a) The state waives its sovereign immunity for the breach of the duty to provide for an230 |
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| 262 | 262 | | adequate public education to an aggrieved student as provided in Article 18B of Chapter231 |
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| 263 | 263 | | 2 of Title 20 by any state officers or employees while acting within the scope of their232 |
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| 264 | 264 | | official duties or employment and shall be liable for such breach in the same manner as a233 |
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| 265 | 265 | | private person or entity would be liable under like circumstances; provided, however, that234 |
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| 266 | 266 | | the state's sovereign immunity is waived subject to all exceptions and limitations set forth235 |
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| 267 | 267 | | H. B. 1262 |
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| 268 | 268 | | - 10 - 24 LC 49 1482 |
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| 269 | 269 | | in this article. The state shall have no liability for losses resulting from conduct on the part236 |
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| 270 | 270 | | of state officers or employees which was not within the scope of their official duties or237 |
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| 271 | 271 | | employment.238 |
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| 272 | 272 | | (b) This Code section shall not waive sovereign immunity of this state, a state239 |
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| 273 | 273 | | governmental entity, or an officer or employee in his or her official capacity as to any240 |
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| 274 | 274 | | claim:241 |
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| 275 | 275 | | (1) For which a state statute explicitly prohibits such waiver;242 |
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| 276 | 276 | | (2) For attorney's fees or expenses of litigation except as provided in Code Section243 |
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| 277 | 277 | | 9-15-14 or for compensatory relief except as provided in Code Section 20-2-1006;244 |
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| 278 | 278 | | (3) Alleging a violation of federal law, other than the United States Constitution;245 |
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| 279 | 279 | | (4) Brought in a court of the United States; or246 |
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| 280 | 280 | | (5) Brought by, or on behalf of, a person in a penal institution or a state mental health247 |
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| 281 | 281 | | facility.248 |
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| 282 | 282 | | 50-21-52.249 |
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| 283 | 283 | | This article shall be narrowly construed and shall not:250 |
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| 284 | 284 | | (1) Toll or extend any applicable period of limitations;251 |
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| 285 | 285 | | (2) Alter or amend any other waiver of sovereign immunity provided by state statute;252 |
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| 286 | 286 | | (3) Be construed to waive other immunities provided by state statute or recognized by253 |
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| 287 | 287 | | the courts of this state, including, but not limited to, grand juror immunity, judicial254 |
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| 288 | 288 | | immunity, legislative immunity, official immunity, prosecutorial immunity, or qualified255 |
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| 289 | 289 | | immunity; or256 |
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| 290 | 290 | | (4) Except as expressly waived by this article, alter or amend any other legal requirement257 |
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| 291 | 291 | | for filing a suit or obtaining relief, including, but not limited to, jurisdiction, standing,258 |
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| 292 | 292 | | exhaustion of administrative or other remedies, notice requirements, and defenses to or259 |
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| 293 | 293 | | limitations on the exercise of equitable jurisdiction.260 |
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| 294 | 294 | | H. B. 1262 |
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| 295 | 295 | | - 11 - 24 LC 49 1482 |
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| 296 | 296 | | 50-21-53.261 |
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| 297 | 297 | | (a) An officer or employee shall not be subject to a suit under this article in his or her262 |
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| 298 | 298 | | individual capacity for performance or nonperformance of his or her official duties.263 |
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| 299 | 299 | | (b) The immunity conferred by subsection (a) of this Code section shall:264 |
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| 300 | 300 | | (1) Extend to any suit, including, but not limited to, suits seeking monetary, declaratory,265 |
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| 301 | 301 | | or injunctive relief, unless such suit against such officer or employee in his or her266 |
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| 302 | 302 | | individual capacity is expressly authorized by state statute; and267 |
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| 303 | 303 | | (2) Apply notwithstanding an allegation in a suit that an officer's or employee's conduct268 |
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| 304 | 304 | | was ultra vires, unconstitutional, or illegal.269 |
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| 305 | 305 | | 50-21-54.270 |
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| 306 | 306 | | A suit for which sovereign immunity is waived under this article shall name only the state,271 |
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| 307 | 307 | | a state governmental entity, an officer or employee in his or her official capacity, or a272 |
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| 308 | 308 | | combination thereof. If an officer or employee is named in such suit in his or her273 |
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| 309 | 309 | | individual capacity, upon proper motion, the court shall dismiss him or her as the party274 |
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| 310 | 310 | | defendant and, if appropriate, order such officer or employee in his or her official capacity275 |
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| 311 | 311 | | be joined as a party defendant.276 |
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| 312 | 312 | | 50-21-55.277 |
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| 313 | 313 | | (a) No suit for which sovereign immunity is waived under this article shall be commenced,278 |
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| 314 | 314 | | and the court shall not have jurisdiction thereof, until 30 days after the date that a written279 |
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| 315 | 315 | | notice is sent to the state governmental entity or officer or employee to be named as a party280 |
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| 316 | 316 | | defendant and the Attorney General by certified mail, return receipt requested, by statutory281 |
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| 317 | 317 | | overnight delivery, or delivered personally to such entity and persons and obtaining a282 |
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| 318 | 318 | | receipt for such delivery. Such notice shall identify the specific law or action being283 |
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| 319 | 319 | | challenged and the nature of the relief being sought.284 |
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| 320 | 320 | | H. B. 1262 |
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| 321 | 321 | | - 12 - 24 LC 49 1482 |
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| 322 | 322 | | (b) No suit for which sovereign immunity is waived under this article shall proceed until285 |
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| 323 | 323 | | the plaintiff provides the court with proof of service upon the Attorney General or his or286 |
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| 324 | 324 | | her designee and the state governmental entity that is charged with enforcing the state287 |
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| 325 | 325 | | statute being challenged.288 |
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| 326 | 326 | | (c) A suit for which notice has been provided in accordance with this Code section shall289 |
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| 327 | 327 | | be filed no later than 90 days after such notice has been provided."290 |
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| 328 | 328 | | PART V291 |
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| 329 | 329 | | SECTION 5-1.292 |
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| 330 | 330 | | Code Section 5-6-34 of the Official Code of Georgia Annotated, relating to judgments and293 |
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| 331 | 331 | | rulings deemed directly appealable, procedure for review of judgments, orders, or decisions294 |
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| 332 | 332 | | not subject to direct appeal, scope of review, hearings in criminal cases involving a capital295 |
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| 333 | 333 | | offense for which death penalty is sought, and appeals involving nonmonetary judgments in296 |
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| 334 | 334 | | child custody cases, is amended in subsection (a) by deleting "and" at the end of paragraph297 |
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| 335 | 335 | | (12), by replacing the period with "; and" at the end of paragraph (13), and by adding a new298 |
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| 336 | 336 | | paragraph to read as follows:299 |
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| 337 | 337 | | "(14) All judgments, orders, or rulings denying or refusing to grant immunity to one or300 |
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| 338 | 338 | | more parties based upon sovereign, official, qualified, or any other immunity established301 |
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| 339 | 339 | | by the United States Constitution or the Constitution, laws, or common law of this state302 |
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| 340 | 340 | | when such party or parties are the state, state governmental entities, political303 |
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| 341 | 341 | | subdivisions, political subdivision governmental entities, or officers or employees as such304 |
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| 342 | 342 | | are defined in Code Section 36-80-50 or 50-21-50, as applicable; provided, however, that305 |
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| 343 | 343 | | the right of direct appeal under this paragraph shall not be exercised by any one party306 |
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| 344 | 344 | | more than once in a case. This paragraph shall not preclude taking an appeal pursuant307 |
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| 345 | 345 | | to any other paragraph in this subsection."308 |
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| 346 | 346 | | H. B. 1262 |
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| 347 | 347 | | - 13 - 24 LC 49 1482 |
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| 348 | 348 | | PART VI |
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| 349 | 349 | | 309 |
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| 350 | 350 | | SECTION 6-1.310 |
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| 351 | 351 | | This Act shall become effective July 1, 2024, and shall apply to causes of action occurring311 |
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| 352 | 352 | | on or after July 1, 2024.312 |
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| 353 | 353 | | SECTION 6-2.313 |
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| 354 | 354 | | All laws and parts of laws in conflict with this Act are repealed.314 |
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| 355 | 355 | | H. B. 1262 |
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| 356 | 356 | | - 14 - |
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