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Committee advances municipal sovereign‑immunity substitute after amendment raising waiver amounts

2434811 · February 27, 2025
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Summary

A substitute to a municipal sovereign‑immunity bill advanced from committee after members adopted an amendment raising proposed waiver amounts; the substitute also extends notice time for claims against municipalities from six to 12 months to match other state agencies.

The House Judiciary Committee advanced a substitute to House Bill 531 addressing municipal sovereign immunity, waiver amounts and notice periods for claims against cities.

The substitute, described by the sponsor as the product of negotiation between the Georgia Municipal Association (GMA) and the trial lawyers’ association, removes an appeal provision and focuses on sovereign immunity waiver amounts and a so‑called ‘‘anti‑light of notice’’ (notice) provision. The substitute would change municipal notice from six months to 12 months, aligning cities with other state and local agencies, and proposes a framework for sovereign immunity waiver amounts similar to the State Tort Claims Act.

The bill as presented included waiver amounts of $1,000,000 and $3,000,000 that GMA requested; the trial lawyers’ group proposed $3,000,000 and $5,000,000. Representative Kelly offered an amendment that would change the numerals in the substitute—striking “1” and inserting “3” on line 34 and striking “3” and inserting “5” on line 36—effectively moving the proposed waiver amounts toward the trial lawyers’ recommendation. “I just think…this would give an opportunity to provide the citizens…an opportunity to seek redress when [cities] have created a harm for them,” Representative Kelly said when offering the amendment.

Representative Silcox disagreed, stating he thought the higher amounts would burden taxpayers. The amendment was seconded and, per the transcript, adopted by voice vote (the transcript notes “2 opposed” during the count). The committee then voted to pass the substitute as amended by voice vote; the transcript records “It passes.”

Sponsor remarks emphasized the policy tradeoffs—balancing jury compensation to victims and predictability of insurance and budgets for cities—and encouraged committee members to pick waiver numbers likely to carry through the legislative process. The sponsor also noted the importance of coordinating with the Senate sponsor before crossover day.

The transcript records the committee’s action to pass the substitute as amended; no roll‑call tally is provided in the excerpt.