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

25 LC 47 3475 House Bill 678 By: Representatives Hilton of the 48th, Silcox of the 53rd, Carpenter of the 4th, Crowe of the 118th, LaHood of the 175th, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to1 general provisions applicable to counties, municipal corporatio ns, and other government2 entities, so as to provide that authorities with less than state-wide jurisdiction shall have the3 same sovereign immunities as provided to counties; to provide a definition; to provide that4 officers and employees of such authorities in the conduct of their official duties shall have5 the same official immunities as provided to officers and employees of a county performing6 duties on behalf of such county; to provide for legislative intent; to provide limitations on the7 amounts and types of damages and interest recoverable against an authority; to provide for8 applicability; to provide for related matters; to repeal confli cting laws; and for other9 purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 Chapter 80 of Title 36 of the Official Code of Georgia Annotate d, relating to general13 provisions applicable to counties, municipal corporations, and other government entities, is14 amended by adding a new Code section to read as follows:15 H. B. 678 - 1 - 25 LC 47 3475 "36-80-32.16 (a) As used in this Code section, the term 'authority' means any:17 (1) Instrumentality of the state or a county, municipality, or a joint undertaking thereof18 that has less than state-wide jurisdiction and was created to f ulfill a specialized public19 purpose; or20 (2) Other legally created organization that has authority to issue debt for a public purpose21 independent of the state, a county, or municipality with less than state-wide jurisdiction,22 regardless of whether such instrumentality or organization was created by a local23 constitutional amendment, general law, or local law.24 (b) An authority shall be deemed to be providing a public serv ice and exercising public25 duties and, notwithstanding any provisions of an authority's en abling legislation to the26 contrary, shall have the same sovereign immunity and exemption from liability for torts27 and negligence as a county, and the officers, agents, and employees of such authority when28 in the performance of the work of the authority shall have the same immunity and29 exemption from liability for torts and negligence as the officers, agents, and employees of30 a county when in the performance of their public duties or work of the county.31 (c) It is the specific intent of the General Assembly that tort claims against authorities shall32 be subject to the limitations on liability of the state found i n Article 2 of Chapter 21 of33 Title 50, 'The Georgia Tort Claims Act.' In any civil action or claim for damages brought34 against an authority, no claimant shall recover a sum exceeding $1 million from any single35 authority because of a loss arising from a single occurrence; a nd any single authority's36 aggregate liability per occurrence shall not exceed $3 million. The existence of these caps37 on liability shall not be disclosed or suggested to the jury du ring the trial of any action38 brought against an authority.39 (d) No award for damages against an authority shall include pu nitive or exemplary40 damages or interest prior to judgment.41 H. B. 678 - 2 - 25 LC 47 3475 (e) In cases where judgment is obtained against an authority, the judgment shall bear42 interest from the date judgment is entered at the rate of 7 per cent per annum; provided,43 however, that any recovery of interest shall be included within the applicable aggregate44 amount per occurrence as set forth in this Code section.45 (f) Trial of tort claims against an authority shall be conduct ed by a judge with a jury;46 provided, however, that the parties may agree that the same be tried by a judge without a47 jury.48 (g) The provisions of this Code section shall only apply to acts or omissions occurring on49 or after July 1, 2025.50 (h) This Code section shall not be construed as a waiver of im munity as required by51 Article IX, Section II, Paragraph IX of the Constitution of the State of Georgia. Any such52 waiver must be pled and proven by the claimant as provided by law."53 SECTION 2.54 All laws and parts of laws in conflict with this Act are repealed.55 H. B. 678 - 3 -