| 14 | | - | provide a short title; to revise provisions relating to waiver of immunity by purchase of9 |
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| 15 | | - | liability insurance; to amend Chapter 80 of Title 36 of the Official Code of Georgia10 |
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| 16 | | - | Annotated, relating to general provisions applicable to counties, municipal corporations, and11 |
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| 17 | | - | other governmental entities, so as to waive sovereign and governmental immunities for local12 |
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| 18 | | - | governments and their officials and employees for a violation of the prohibition on13 |
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| 19 | | - | immigration sanctuary policies; to amend Code Section 42-1-11.5 of the Official Code of14 |
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| 20 | | - | Georgia Annotated, relating to compliance with immigration detainer notices, so as to15 |
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| 21 | | - | provide for immunity waivers; to provide for related matters; to provide for an effective date;16 |
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| 22 | | - | to repeal conflicting laws; and for other purposes.17 |
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| 23 | | - | - 1 - 25 LC 49 2388S |
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| 24 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:18 |
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| 25 | | - | PART I19 |
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| 26 | | - | SECTION 1-1.20 |
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| 27 | | - | This part shall be known and may be cited as the "Municipal Sovereign Immunity Act."21 |
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| 28 | | - | SECTION 1-2.22 |
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| 29 | | - | Chapter 33 of Title 36 of the Official Code of Georgia Annotated, relating to liability of23 |
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| 30 | | - | municipal corporations for acts or omissions, is amended by revising subsection (b) of Code24 |
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| 31 | | - | Section 36-33-5, relating to written demand prerequisite to action for injury to person or25 |
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| 32 | | - | property, time for presenting claim and for consideration by governing authority, suspension26 |
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| 33 | | - | of limitations, statement of specific amount of monetary damages sought, and service of27 |
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| 34 | | - | claim on city officials, as follows:28 |
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| 35 | | - | "(b) Within six 12 months of the happening of the event upon which a claim against a29 |
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| 36 | | - | municipal corporation is predicated, the person, firm, or corporation having the claim shall30 |
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| 37 | | - | present the claim in writing to the governing authority of the municipal corporation for31 |
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| 38 | | - | adjustment, stating the time, place, and extent of the injury, as nearly as practicable, and32 |
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| 39 | | - | the negligence which caused the injury. No action shall be entertained by the courts33 |
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| 40 | | - | against the municipal corporation until the cause of action therein has first been presented34 |
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| 41 | | - | to the governing authority for adjustment."35 |
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| 42 | | - | SECTION 1-3.36 |
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| 43 | | - | Said chapter is further amended by adding a new Code section to read as follows:37 |
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| 44 | | - | "36-33-7.38 |
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| 45 | | - | (a) It is the specific intent of the General Assembly that municipal tort claims shall be39 |
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| 46 | | - | subject to the limitations provided in this Code section. In any civil action or claim for40 |
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| 47 | | - | - 2 - 25 LC 49 2388S |
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| 48 | | - | damages brought under the provisions of this chapter, no claimant shall recover a sum41 |
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| 49 | | - | exceeding $3 million from any single municipality because of loss arising from a single42 |
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| 50 | | - | occurrence; and any single municipality's aggregate liability per occurrence shall not43 |
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| 51 | | - | exceed $5 million. The existence of these caps on liability shall not be disclosed or44 |
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| 52 | | - | suggested to the jury during the trial of any action brought under this chapter.45 |
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| 53 | | - | (b) No award for damages under this chapter shall include punitive or exemplary damages.46 |
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| 54 | | - | (c) Trial of tort claims against the municipality under this chapter shall be conducted by47 |
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| 55 | | - | a judge with a jury; provided, however, that the parties may agree that the same be tried by48 |
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| 56 | | - | a judge without a jury.49 |
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| 57 | | - | (d) This Code section shall not be construed as a new waiver of immunity as required by50 |
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| 58 | | - | Article IX, Section II, Paragraph IX of the Constitution of the State of Georgia. Any such51 |
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| 59 | | - | new waiver must be pled and proven by the claimant as provided by law."52 |
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| 60 | | - | SECTION 1-3A.53 |
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| 61 | | - | Said chapter is further amended by revising Code Section 36-33-1, relating to immunity from54 |
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| 62 | | - | liability for damages, waiver of immunity by purchase of liability insurance, and liability for55 |
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| 63 | | - | acts or omissions generally, as follows:56 |
|---|
| 64 | | - | "36-33-1.57 |
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| 65 | | - | (a) Pursuant to Article IX, Section II, Paragraph IX of the Constitution of the State of58 |
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| 66 | | - | Georgia, the General Assembly, except as provided in this Code section and in Chapter 9259 |
|---|
| 67 | | - | of this title, declares it is the public policy of the State of Georgia that there is no waiver60 |
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| 68 | | - | of the sovereign immunity of municipal corporations of the state and such municipal61 |
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| 69 | | - | corporations shall be immune from liability for damages. A municipal corporation shall62 |
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| 70 | | - | not waive its immunity by the purchase of liability insurance, except as provided in Code63 |
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| 71 | | - | Section 33-24-51 or 36-92-2, or unless the policy of insurance issued covers an occurrence64 |
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| 72 | | - | for which the defense of sovereign immunity is available, and then only to the extent of the65 |
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| 73 | | - | limits of such insurance policy. This subsection shall not be construed to affect any66 |
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| 74 | | - | - 3 - 25 LC 49 2388S |
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| 75 | | - | litigation pending on July 1, 1986. In addition to the waivers of a municipal corporation's67 |
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| 76 | | - | immunity as provided by Code Sections 33-24-51 and 36-92-2, a municipal corporation68 |
|---|
| 77 | | - | shall waive its immunity by the purchase of liability insurance if the policy of insurance69 |
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| 78 | | - | covers an occurrence and then only to the extent of the limits of the insurance policy. It70 |
|---|
| 79 | | - | shall be against public policy, void, and unenforceable for a contract for liability insurance71 |
|---|
| 80 | | - | to attempt to avoid the effect of this waiver of immunity, or any other waiver of a72 |
|---|
| 81 | | - | municipal corporation's immunity. Among other things, the duty to pay damages on behalf73 |
|---|
| 82 | | - | of a municipality must be determined under the policy of insurance without consideration74 |
|---|
| 83 | | - | of whether immunity would otherwise exist for those damages.75 |
|---|
| 84 | | - | (b) Municipal corporations shall not be liable for failure to perform or for errors in76 |
|---|
| 85 | | - | performing their legislative or judicial powers. For neglect to perform or improper or77 |
|---|
| 86 | | - | unskillful performance of their ministerial duties, they shall be liable."78 |
|---|
| 87 | | - | PART II79 |
|---|
| 88 | | - | SECTION 2-1.80 |
|---|
| 89 | | - | Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general81 |
|---|
| 90 | | - | provisions applicable to counties, municipal corporations, and other governmental entities,82 |
|---|
| 91 | | - | is amended by adding a new subsection to Code Section 36-80-23, relating to prohibition on83 |
|---|
| 92 | | - | immigration sanctuary policies by local governmental entities, and certification of84 |
|---|
| 93 | | - | compliance, to read as follows:85 |
|---|
| 94 | | - | "(f) In the event that a local governing body acts in violation of this Code section, the86 |
|---|
| 95 | | - | sovereign immunity of such local governing body and the governmental immunity of all87 |
|---|
| 96 | | - | local officials and employees of such local governing body is waived in all matters arising88 |
|---|
| 97 | | - | from or resulting in the violation of this Code section."89 |
|---|
| 98 | | - | - 4 - 25 LC 49 2388S |
|---|
| 99 | | - | SECTION 2-2.90 |
|---|
| 100 | | - | Code Section 42-1-11.5 of the Official Code of Georgia Annotated, relating to compliance91 |
|---|
| 101 | | - | with immigration detainer notices, is amended by revising said Code section as follows:92 |
|---|
| 102 | | - | "42-1-11.5.93 |
|---|
| 103 | | - | (a) As used in this Code section, the term:94 |
|---|
| 104 | | - | (1) 'Custodial authority' means the commissioner if a person is in physical custody at a95 |
|---|
| 105 | | - | penal institution, the sheriff if a person is in physical custody at a county jail, the warden96 |
|---|
| 106 | | - | if a person is in physical custody at a county correctional institution, and the chief of97 |
|---|
| 107 | | - | police if a person is in physical custody at a municipal detention facility.98 |
|---|
| 108 | | - | (2) 'Immigration detainer notice' means documentation issued by the federal government99 |
|---|
| 109 | | - | requesting that a custodial authority maintain temporary custody of an illegal alien as100 |
|---|
| 110 | | - | such term is defined in Code Section 42-4-14, including a United States Department of101 |
|---|
| 111 | | - | Homeland Security Form I-247 document or a similar successor form.102 |
|---|
| 112 | | - | (b) Any custodial authority who has custody of a person who is subject to an immigration103 |
|---|
| 113 | | - | detainer notice shall:104 |
|---|
| 114 | | - | (1) Comply with, honor, and fulfill any request made in the immigration detainer notice;105 |
|---|
| 115 | | - | and106 |
|---|
| 116 | | - | (2) Inform the person identified in the immigration detainer notice that the person is107 |
|---|
| 117 | | - | being held pursuant to such notice.108 |
|---|
| 118 | | - | (c) In the event that a custodial authority acts in violation of this Code section, the109 |
|---|
| 119 | | - | sovereign and other governmental immunities of such custodial authority are waived in all110 |
|---|
| 120 | | - | matters arising from or resulting in the violation of this Code section."111 |
|---|
| 121 | | - | - 5 - 25 LC 49 2388S |
|---|
| 122 | | - | PART III112 |
|---|
| 123 | | - | SECTION 3-1.113 |
|---|
| 124 | | - | This Act shall become effective upon its approval by the Governor or upon its becoming law114 |
|---|
| 125 | | - | without such approval.115 |
|---|
| 126 | | - | SECTION 3-2.116 |
|---|
| 127 | | - | All laws and parts of laws in conflict with this Act are repealed.117 |
|---|
| 128 | | - | - 6 - |
|---|
| 26 | + | provide a short title; to provide for related matters; to provide for an effective date; to repeal9 |
|---|
| 27 | + | conflicting laws; and for other purposes.10 |
|---|
| 28 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
|---|
| 29 | + | SECTION 1.12 |
|---|
| 30 | + | This Act shall be known and may be cited as the "Municipal Sovereign Immunity Act."13 |
|---|
| 31 | + | H. B. 531 (SUB) |
|---|
| 32 | + | - 1 - 25 LC 48 1560S |
|---|
| 33 | + | SECTION 2. |
|---|
| 34 | + | 14 |
|---|
| 35 | + | Chapter 33 of Title 36 of the Official Code of Georgia Annotated, relating to liability of15 |
|---|
| 36 | + | municipal corporations for acts or omissions, is amended by revising subsection (b) of Code16 |
|---|
| 37 | + | Section 36-33-5, relating to written demand prerequisite to action for injury to person or17 |
|---|
| 38 | + | property, time for presenting claim and for consideration by governing authority, suspension18 |
|---|
| 39 | + | of limitations, statement of specific amount of monetary damages sought, and service of19 |
|---|
| 40 | + | claim on city officials, as follows:20 |
|---|
| 41 | + | "(b) Within six |
|---|
| 42 | + | 12 months of the happening of the event upon which a claim against a21 |
|---|
| 43 | + | municipal corporation is predicated, the person, firm, or corporation having the claim shall22 |
|---|
| 44 | + | present the claim in writing to the governing authority of the municipal corporation for23 |
|---|
| 45 | + | adjustment, stating the time, place, and extent of the injury, as nearly as practicable, and24 |
|---|
| 46 | + | the negligence which caused the injury. No action shall be entertained by the courts25 |
|---|
| 47 | + | against the municipal corporation until the cause of action therein has first been presented26 |
|---|
| 48 | + | to the governing authority for adjustment. "27 |
|---|
| 49 | + | SECTION 3.28 |
|---|
| 50 | + | Said chapter is further amended by adding a new Code section to read as follows:29 |
|---|
| 51 | + | "36-33-7.30 |
|---|
| 52 | + | (a) It is the specific intent of the General Assembly that municipal tort claims shall be31 |
|---|
| 53 | + | subject to the limitations provided in this Code section. In any civil action or claim for32 |
|---|
| 54 | + | damages brought under the provisions of this chapter, no claimant shall recover a sum33 |
|---|
| 55 | + | exceeding $3 million from any single municipality because of loss arising from a single34 |
|---|
| 56 | + | occurrence; and any single municipality's aggregate liability per occurrence shall not35 |
|---|
| 57 | + | exceed $5 million. The existence of these caps on liability shall not be disclosed or36 |
|---|
| 58 | + | suggested to the jury during the trial of any action brought under this chapter.37 |
|---|
| 59 | + | (b) No award for damages under this chapter shall include punitive or exemplary damages.38 |
|---|
| 60 | + | H. B. 531 (SUB) |
|---|
| 61 | + | - 2 - 25 LC 48 1560S |
|---|
| 62 | + | (c) Trial of tort claims against the municipality under this chapter shall be conducted by39 |
|---|
| 63 | + | a judge with a jury; provided, however, that the parties may agree that the same be tried by40 |
|---|
| 64 | + | a judge without a jury.41 |
|---|
| 65 | + | (d) This Code section shall not be construed as a new waiver of immunity as required by42 |
|---|
| 66 | + | Article IX, Section II, Paragraph IX of the Constitution of the State of Georgia. Any such43 |
|---|
| 67 | + | new waiver must be pled and proven by the claimant as provided by law."44 |
|---|
| 68 | + | SECTION 4.45 |
|---|
| 69 | + | This Act shall become effective upon its approval by the Governor or upon its becoming law46 |
|---|
| 70 | + | without such approval.47 |
|---|
| 71 | + | SECTION 5.48 |
|---|
| 72 | + | All laws and parts of laws in conflict with this Act are repealed.49 |
|---|
| 73 | + | H. B. 531 (SUB) |
|---|
| 74 | + | - 3 - |
|---|