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Panel approves HB531 substitute extending municipal notice period and setting sovereign immunity waiver framework
Summary
The committee approved a substitute to House Bill 531 that extends municipal notice-of-claim periods from six to 12 months to align with other state and local entities and establishes a framework for municipal sovereign immunity waiver amounts; an amendment shifting waiver levels passed on the floor of the committee.
The Georgia House Judiciary Committee on Feb. 25, 2025 approved a substitute to House Bill 531 that raises the municipal notice-of-claim period from six months to 12 months and establishes a framework for sovereign immunity waiver amounts for cities.
Sponsor remarks described the substitute as the product of negotiations between the Georgia Municipal Association (GMA) and the Georgia Trial Lawyers Association (GTLA). The substitute aligns municipal notice periods with other state and local entities, moving the municipal statute of limitations for notice from six months to 12 months, which the sponsor characterized as reducing a ‘‘trap for the unwary.’'
On sovereign immunity waiver amounts, the substitute initially included $1 million and $3 million figures sought by the GMA (matching existing state numbers); the GTLA advocated $3 million and $5 million. Representative Kelly offered an amendment to replace the numerals with $3 million and $5 million, explaining that cities are distinct from counties and that the increase would better enable injured parties to seek redress. Representative Kelly said, "I just think we haven't had an opportunity to adjust either the county or the state's in 30 years. ... I think cities are a little bit different than counties in the state too." Representative Silcox opposed the higher figures, saying taxpayers should not bear higher costs.
The committee voted on the Kelly amendment (no roll call in the transcript excerpt) and recorded two members opposed; the amendment carried. The committee then approved the substitute as amended by voice vote. Sponsor remarks noted a potential Senate sponsor and urged the committee to choose numbers that could clear the full House and the Senate before crossover.
Supporters framed the substitute as balancing injured parties’ access to jury compensation with predictability for municipal budgeting and insurance. The transcript includes discussion of a prior settlement in the Milton case but does not supply a statutory citation for that case in the provided excerpt.
