HB678: HB678 Local government; authorities with less than state-wide jurisdiction shall have the same sovereign immunities as provided to counties; provide

Right now, local authorities created for specialized public purposes, like development authorities or hospital authorities, do not automatically get the same lawsuit protections (called sovereign immunity) that Georgia counties have. This bill changes that by adding a new section to Georgia law (O.C.G.A. § 36-80-32). It defines 'authority' broadly to include instrumentalities of the state or local governments with less than statewide jurisdiction, or organizations that can issue debt independently. These authorities and their officers and employees would get the same immunity from lawsuits over accidents and negligence (torts) that counties and county workers get. The bill caps damages at $1 million per person per incident and $3 million total per incident, bars punitive damages and interest before judgment, sets post-judgment interest at 7 percent, and says these limits apply only to actions occurring on or after July 1, 2025.

• Grants local authorities with less than statewide jurisdiction the same sovereign immunity from lawsuits over torts and negligence that counties currently have.
• Extends the same legal immunity to officers, agents, and employees of these authorities when performing their official duties.
• Caps damages against any single authority at $1 million per claimant per incident and $3 million total per incident.
• Prohibits punitive damages and pre-judgment interest in lawsuits against these authorities, and sets post-judgment interest at 7 percent per year.
• Bars telling juries about these damage caps during a trial.
• Limits the new rules to acts or omissions occurring on or after July 1, 2025.

The bill affects local special-purpose authorities such as development, hospital, housing, or transit authorities that operate below the statewide level, along with their officers and employees. It also affects Georgians who might sue these authorities for injuries caused by negligence or accidents.

People injured by the actions of a local authority, such as a transit or hospital authority, would face a $1 million cap on what they can recover per claim and a $3 million cap per incident overall, and could not seek punitive damages, which limits their potential compensation compared to current law.

• New Code section 36-80-32(a) defines 'authority' to include government instrumentalities and independent debt-issuing organizations with less than statewide jurisdiction.
• Subsection (b) grants authorities and their officers, agents, and employees the same sovereign and official immunity from tort liability that counties and county employees have.
• Subsection (c) sets damage caps of $1 million per claimant per occurrence and $3 million aggregate per occurrence, and bars disclosing these caps to juries.
• Subsection (d) bans punitive or exemplary damages and interest accrued before judgment.
• Subsection (e) sets post-judgment interest at 7 percent per year, counted within the overall damage cap.
• Subsection (f) requires tort trials against authorities to be held before a judge and jury unless both sides agree to a judge-only trial.
• Subsection (g) limits these new rules to acts or omissions occurring on or after July 1, 2025.
• Subsection (h) clarifies the section does not itself waive immunity under the Georgia Constitution; any waiver must still be proven by the claimant.

1. 2025-02-28House Second Readers (House)
2. 2025-02-27House First Readers (House)
3. 2025-02-27House Hopper (House)

• Scott Hilton (R, HD-048)Primary sponsor
• Deborah Silcox (R, HD-053)
• Kasey Carpenter (R, HD-004)
• Clint Crowe (R, HD-118)
• John LaHood (R, HD-175)
• Tim Fleming (R, HD-114)

• sovereign immunity
• local government liability
• personal injury lawsuits
• special-purpose authorities
• tort law