25 LC 49 2388S
The Senate Committee on Judiciary offered the following
substitute to HB 531:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 33 of Title 36 of the Official Code of Georgia Annotated, relating to1
liability of municipal corporations for acts or omissions, so as to provide that when a2
municipal corporation is participating in a joint undertaking and another local government3
participating in such joint undertaking acquires liability insurance the sovereign immunity4
of the other participating local government is not waived; to extend the period of the notice5
for a cause of action against a municipality; to provide that tort and nuisance liability of any6
consolidated government shall follow the law and rules of tort liability applicable to counties;7
to provide limitations on the amounts and types of damages and interest recoverable; to8
provide a short title; to revise provisions relating to waiver of immunity by purchase of9
liability insurance; to amend Chapter 80 of Title 36 of the Official Code of Georgia10
Annotated, relating to general provisions applicable to counties, municipal corporations, and11
other governmental entities, so as to waive sovereign and governmental immunities for local12
governments and their officials and employees for a violation of the prohibition on13
immigration sanctuary policies; to amend Code Section 42-1-11.5 of the Official Code of14
Georgia Annotated, relating to compliance with immigration detainer notices, so as to15
provide for immunity waivers; to provide for related matters; to provide for an effective date;16
to repeal conflicting laws; and for other purposes.17
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:18
PART I19
SECTION 1-1.20
This part shall be known and may be cited as the "Municipal Sovereign Immunity Act."21
SECTION 1-2.22
Chapter 33 of Title 36 of the Official Code of Georgia Annotated, relating to liability of23
municipal corporations for acts or omissions, is amended by revising subsection (b) of Code24
Section 36-33-5, relating to written demand prerequisite to action for injury to person or25
property, time for presenting claim and for consideration by governing authority, suspension26
of limitations, statement of specific amount of monetary damages sought, and service of27
claim on city officials, as follows:28
"(b) Within six 12 months of the happening of the event upon which a claim against a29
municipal corporation is predicated, the person, firm, or corporation having the claim shall30
present the claim in writing to the governing authority of the municipal corporation for31
adjustment, stating the time, place, and extent of the injury, as nearly as practicable, and32
the negligence which caused the injury. No action shall be entertained by the courts33
against the municipal corporation until the cause of action therein has first been presented34
to the governing authority for adjustment."35
SECTION 1-3.36
Said chapter is further amended by adding a new Code section to read as follows:37
"36-33-7.38
(a) It is the specific intent of the General Assembly that municipal tort claims shall be39
subject to the limitations provided in this Code section. In any civil action or claim for40
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damages brought under the provisions of this chapter, no claimant shall recover a sum41
exceeding $3 million from any single municipality because of loss arising from a single42
occurrence; and any single municipality's aggregate liability per occurrence shall not43
exceed $5 million. The existence of these caps on liability shall not be disclosed or44
suggested to the jury during the trial of any action brought under this chapter.45
(b) No award for damages under this chapter shall include punitive or exemplary damages.46
(c) Trial of tort claims against the municipality under this chapter shall be conducted by47
a judge with a jury; provided, however, that the parties may agree that the same be tried by48
a judge without a jury.49
(d) This Code section shall not be construed as a new waiver of immunity as required by50
Article IX, Section II, Paragraph IX of the Constitution of the State of Georgia. Any such51
new waiver must be pled and proven by the claimant as provided by law."52
SECTION 1-3A.53
Said chapter is further amended by revising Code Section 36-33-1, relating to immunity from54
liability for damages, waiver of immunity by purchase of liability insurance, and liability for55
acts or omissions generally, as follows:56
"36-33-1.57
(a) Pursuant to Article IX, Section II, Paragraph IX of the Constitution of the State of58
Georgia, the General Assembly, except as provided in this Code section and in Chapter 9259
of this title, declares it is the public policy of the State of Georgia that there is no waiver60
of the sovereign immunity of municipal corporations of the state and such municipal61
corporations shall be immune from liability for damages. A municipal corporation shall62
not waive its immunity by the purchase of liability insurance, except as provided in Code63
Section 33-24-51 or 36-92-2, or unless the policy of insurance issued covers an occurrence64
for which the defense of sovereign immunity is available, and then only to the extent of the65
limits of such insurance policy. This subsection shall not be construed to affect any66
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litigation pending on July 1, 1986. In addition to the waivers of a municipal corporation's67
immunity as provided by Code Sections 33-24-51 and 36-92-2, a municipal corporation68
shall waive its immunity by the purchase of liability insurance if the policy of insurance69
covers an occurrence and then only to the extent of the limits of the insurance policy. It70
shall be against public policy, void, and unenforceable for a contract for liability insurance71
to attempt to avoid the effect of this waiver of immunity, or any other waiver of a72
municipal corporation's immunity. Among other things, the duty to pay damages on behalf73
of a municipality must be determined under the policy of insurance without consideration74
of whether immunity would otherwise exist for those damages.75
(b) Municipal corporations shall not be liable for failure to perform or for errors in76
performing their legislative or judicial powers. For neglect to perform or improper or77
unskillful performance of their ministerial duties, they shall be liable."78
PART II79
SECTION 2-1.80
Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general81
provisions applicable to counties, municipal corporations, and other governmental entities,82
is amended by adding a new subsection to Code Section 36-80-23, relating to prohibition on83
immigration sanctuary policies by local governmental entities, and certification of84
compliance, to read as follows:85
"(f) In the event that a local governing body acts in violation of this Code section, the86
sovereign immunity of such local governing body and the governmental immunity of all87
local officials and employees of such local governing body is waived in all matters arising88
from or resulting in the violation of this Code section."89
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SECTION 2-2.90
Code Section 42-1-11.5 of the Official Code of Georgia Annotated, relating to compliance91
with immigration detainer notices, is amended by revising said Code section as follows:92
"42-1-11.5.93
(a) As used in this Code section, the term:94
(1) 'Custodial authority' means the commissioner if a person is in physical custody at a95
penal institution, the sheriff if a person is in physical custody at a county jail, the warden96
if a person is in physical custody at a county correctional institution, and the chief of97
police if a person is in physical custody at a municipal detention facility.98
(2) 'Immigration detainer notice' means documentation issued by the federal government99
requesting that a custodial authority maintain temporary custody of an illegal alien as100
such term is defined in Code Section 42-4-14, including a United States Department of101
Homeland Security Form I-247 document or a similar successor form.102
(b) Any custodial authority who has custody of a person who is subject to an immigration103
detainer notice shall:104
(1) Comply with, honor, and fulfill any request made in the immigration detainer notice;105
and106
(2) Inform the person identified in the immigration detainer notice that the person is107
being held pursuant to such notice.108
(c) In the event that a custodial authority acts in violation of this Code section, the109
sovereign and other governmental immunities of such custodial authority are waived in all110
matters arising from or resulting in the violation of this Code section."111
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PART III112
SECTION 3-1.113
This Act shall become effective upon its approval by the Governor or upon its becoming law114
without such approval.115
SECTION 3-2.116
All laws and parts of laws in conflict with this Act are repealed.117
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