Georgia House Bill HB678

Georgia 2025-2026 Regular Session

• Introduced: 2/27/25

Caption

Local government; authorities with less than state-wide jurisdiction shall have the same sovereign immunities as provided to counties; provide

Impact

One significant aspect of HB 678 is its provision that officers and employees of such authorities will have the same official immunities as those of counties when they carry out their duties. This aligns local authorities with counties in terms of liability protection and enforcement of public duties, which is poised to shield these entities from a broader spectrum of legal claims. By doing so, the bill may potentially limit the avenues available for citizens to sue local authorities, thereby affecting accountability.

Summary

House Bill 678 is designed to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, specifically targeting the sovereign immunities of local authorities with less than state-wide jurisdiction. This bill seeks to grant these authorities the same protections from tort claims that counties currently enjoy. By defining the term 'authority' to include various governmental entities that do not operate on a state-wide level and are created for specialized public purposes, the bill aims to clarify the legal framework governing these bodies.

Contention

Debate surrounding HB 678 centers on the implications of expanding sovereign immunity to local authorities. Proponents argue that this change is essential to protect local governments from excessive litigation, which could drain public resources and hinder their ability to function effectively. Critics, however, contend that this bill represents a troubling trend towards reducing accountability for local authorities, potentially leaving citizens without recourse in the case of negligence or misconduct. The balance between protecting governmental functions and ensuring accountability remains a point of significant contention.

Additional_provisions

HB 678 includes specific limitations on recoverable damages in tort claims against an authority, capping claims at $1 million for single incidents and $3 million for aggregate claims per occurrence. Furthermore, the bill prohibits punitive damages and establishes a framework for interest on judgments, which would only apply from July 1, 2025. These stipulations reflect an intent to clearly delineate the parameters of liability and the legal responsibilities of local authorities.