25 LC 48 1619S
The House Committee on Ways and Means offers the following substitute to SB 59:
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 provide for related matters; to provide for an effective date; to repeal9
conflicting laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
This Act shall be known and may be cited as the "Municipal Sovereign Immunity Act."13
S. B. 59 (SUB)
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SECTION 2.14
Chapter 33 of Title 36 of the Official Code of Georgia Annotated, relating to liability of15
municipal corporations for acts or omissions, is amended by revising subsection (b) of Code16
Section 36-33-5, relating to written demand prerequisite to action for injury to person or17
property, time for presenting claim and for consideration by governing authority, suspension18
of limitations, statement of specific amount of monetary damages sought, and service of19
claim on city officials, as follows:20
"(b) Within six 12 months of the happening of the event upon which a claim against a21
municipal corporation is predicated, the person, firm, or corporation having the claim shall22
present the claim in writing to the governing authority of the municipal corporation for23
adjustment, stating the time, place, and extent of the injury, as nearly as practicable, and24
the negligence which caused the injury. No action shall be entertained by the courts25
against the municipal corporation until the cause of action therein has first been presented26
to the governing authority for adjustment. "27
SECTION 3.28
Said chapter is further amended by adding a new Code section to read as follows:29
"36-33-7.30
(a) It is the specific intent of the General Assembly that municipal tort claims shall be31
subject to the limitations provided in this Code section. In any civil action or claim for32
damages brought under the provisions of this chapter, no claimant shall recover a sum33
exceeding $3 million from any single municipality because of loss arising from a single34
occurrence; and any single municipality's aggregate liability per occurrence shall not35
exceed $5 million. The existence of these caps on liability shall not be disclosed or36
suggested to the jury during the trial of any action brought under this chapter.37
(b) No award for damages under this chapter shall include punitive or exemplary damages.38
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(c) Trial of tort claims against the municipality under this chapter shall be conducted by39
a judge with a jury; provided, however, that the parties may agree that the same be tried by40
a judge without a jury.41
(d) This Code section shall not be construed as a new waiver of immunity as required by42
Article IX, Section II, Paragraph IX of the Constitution of the State of Georgia. Any such43
new waiver must be pled and proven by the claimant as provided by law."44
SECTION 4.45
This Act shall become effective upon its approval by the Governor or upon its becoming law46
without such approval.47
SECTION 5.48
All laws and parts of laws in conflict with this Act are repealed.49
S. B. 59 (SUB)
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