April 3, 2019
HB 311 passed the Georgia Senate on March 25, 2019, and now goes to the governor, who is expected to sign it into law. The bill creates a limited waiver of sovereign immunity by permitting plaintiffs to sue the state, counties, and other local governmental entities for declaratory or injunctive relief. Under a 2017 Georgia Supreme Court decision, such lawsuits used to be barred by sovereign immunity. HB 311, if enacted, would do the following:
However, HB 311 does not appear to waive the sovereign immunity of school systems. We believe the sovereign immunity of school systems would remain fully intact after passage of the bill.
If signed, the bill would go into effect on July 1, 2019.
For any questions about this alert, please contact Brandon Moulard at firstname.lastname@example.org.
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