HB 678: Local government; authorities with less than state-wide jurisdiction shall have the same sovereign immunities as provided to counties; provide

Under current Georgia law, local and regional authorities such as hospital authorities, development authorities, and other special-purpose government bodies do not automatically get the same legal protections from lawsuits that counties enjoy. House Bill 678 would change that by adding a new section to the Official Code of Georgia Annotated defining 'authority' broadly to cover instrumentalities of the state, counties, or cities with less than statewide reach, as well as other organizations that can issue public debt. The bill grants these authorities and their officers and employees the same sovereign and official immunity from tort and negligence claims that counties and county employees already have. It caps damages at $1 million per claimant and $3 million total per incident, bars punitive damages and pre-judgment interest, sets post-judgment interest at 7 percent, and requires jury trials unless both sides agree otherwise. The new rules would apply only to actions or failures to act occurring on or after July 1, 2025.

• Creates a new Code section (O.C.G.A. § 36-80-32) extending county-level sovereign immunity to local authorities with less than statewide jurisdiction.
• Defines 'authority' to include government instrumentalities and other organizations authorized to issue public debt for local public purposes.
• Gives officers and employees of these authorities the same official immunity as county employees performing public duties.
• Caps damages in tort claims against an authority at $1 million per claimant and $3 million total per single incident.
• Bans punitive damages and interest before judgment, but sets post-judgment interest at 7 percent per year, counted within the damage caps.
• Limits the new rules to acts or omissions occurring on or after July 1, 2025.

The bill affects local and regional government authorities such as hospital authorities, housing authorities, and development authorities that operate below the state level, along with their officers and employees. It also affects Georgians who might sue these authorities for injuries caused by negligence, since it limits what they can recover.

People injured by the actions of local authorities like hospital or development authorities would face new limits on how much they can recover in court, similar to limits already applying to counties. Authorities and their employees would gain broader legal protection from lawsuits over their official actions.

• Section 1 adds O.C.G.A. § 36-80-32, defining 'authority' to include specialized public instrumentalities and organizations that can issue debt independent of the state, county, or city.
• Subsection (b) extends the same sovereign immunity counties have for torts and negligence to these authorities and their officers, agents, and employees.
• Subsection (c) states legislative intent that these claims follow the liability limits in the Georgia Tort Claims Act, capping recovery at $1 million per claimant and $3 million per occurrence, and bars disclosing these caps to juries.
• Subsection (d) prohibits punitive or exemplary damages and pre-judgment interest in awards against an authority.
• Subsection (e) sets post-judgment interest at 7 percent per year, counted within the overall damage cap.
• Subsection (f) requires jury trials for tort claims against an authority unless both parties agree to a judge-only trial.
• Subsection (g) limits the new rules to acts or omissions occurring on or after July 1, 2025.
• Subsection (h) clarifies the section does not waive immunity required under the Georgia Constitution, and any waiver must be proven by the claimant.

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

• Scott Hilton (R, HD-048)Patrocinador principal
• 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 authorities
• tort claims
• government liability limits
• hospital and development authorities