reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 18 - STATE PRINTING AND DOCUMENTS (§§ 50-18-1 — 50-18-160) › Article 8 - [MULTIPLE VERSIONS] VICTIM CENTERED ADDRESS CONFIDENTIALITY PROGRAM (§§ 50-18-150 — 50-18-155) › Section 50-18-155 - [Effective 7/1/2026] [Disclosure of confidential address]

(a)
If a participant notifies a governmental entity in writing, on a form prescribed by the office, that he or she is a participant, such entity shall not knowingly disclose the participant's confidential address, unless:
(1)
The confidential address is subject to sharing or dissemination pursuant to court order;
(2)
The confidential address is subject to sharing or dissemination in connection with an active investigation or inspection of a potential health code, building code, fire code, or local ordinance violation allegedly committed by the participant;
(3)
The confidential address is needed to provide public assistance or other government services to a participant, or to allocate financial responsibility for such assistance or services;
(4)
The confidential address is necessary to perform a governmental entity's health, safety, or welfare functions, including the provision of emergency 9-1-1 services, the assessment and investigation of child or vulnerable adult abuse or neglect, or the assessment or inspection of services or locations for compliance with health and safety standards;
(5)
The confidential address is necessary to aid an active law enforcement investigation of the participant upon verification that the disclosure will aid the law enforcement agency in responding to an emergency situation or a criminal complaint or conducting an investigation; or
(6)
The person to whom the confidential address is disclosed also resides, is employed at, or goes to school at the confidential address.
(b)
Except as may be otherwise provided by law, a confidential address disclosed pursuant to subsection (a) of this Code section may be used only for the purposes authorized in this Code section and may not be further disclosed to any other person or governmental entity. Governmental entities receiving or sharing a confidential address pursuant to this Code section shall establish procedures to protect the confidential address from further disclosure.
(c)
When a participant presents his or her designated address to any person, such designated address shall be accepted as the address of the participant. The person shall not require the participant to submit any other address either as a substitute address or in addition to the designated address, or as a condition of receiving a service or benefit, unless the service or benefit would be impossible to provide without knowledge of the participant's confidential address.
Added by 2024 Ga. Laws 582,§ 3, eff. 7/1/2026.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 19 - TRANSPORTATION SERVICES (§§ 50-19-1 — 50-19-20) › Article 1 - PURCHASE AND USE OF MOTOR VEHICLES (§§ 50-19-1 — 50-19-9) › Section 50-19-1 - Establishment and operation of interagency motor pools; purchase of automobiles for state use; rules governing state vehicles

The Department of Administrative Services is authorized and empowered:
(1)
To establish and operate an interagency motor pool near the state capitol and to establish and operate motor pools at such other locations as may be desirable to promote efficient and economical use of passenger-carrying automobiles by officers, officials, or employees of the state and of the various offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state;
(2)
To purchase passenger-carrying automobiles for the use of officers, officials, or employees of the state and of the various offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state who are required to travel by automobile in performance of their official duties; and
(3)
To provide a system of billings for the use of motor vehicles in any motor pool operated by the Department of Administrative Services and to collect, retain, and carry over from year to year in a reserve fund any moneys collected for the use of such motor vehicles.
Amended by 2005 Ga. Laws 22,§ 17, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 19 - TRANSPORTATION SERVICES (§§ 50-19-1 — 50-19-20) › Article 1 - PURCHASE AND USE OF MOTOR VEHICLES (§§ 50-19-1 — 50-19-9) › Section 50-19-2 - Unlawful to operate vehicle owned or leased by the state or any branch, department, agency, commission, board, or authority of the state unless decal or seal affixed to front door; exceptions; penalty for violation

(a)
It shall be unlawful for any person to operate on any public road in this state any motor vehicle which is owned or leased by the state or any branch, department, agency, commission, board, or authority of the state or which has been purchased or leased by any public official or public employee with state funds, unless there is affixed to the front door on each side of such vehicle a clearly visible decal or seal containing the name of or otherwise identifying the governmental entity owning or leasing such vehicle or on behalf of which entity funds were expended to purchase or lease such vehicle. This Code section shall not apply to any vehicle used for law enforcement or prosecution purposes or any vehicle assigned for the transportation of the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the executive head of any department of state government, the chancellor of the University System of Georgia, the Chief Justice of the Supreme Court of Georgia, any constitutional state official who is elected by the voters of the entire state, or any employees of the Georgia Lottery Corporation.
(b)
Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.
Amended by 2007 Ga. Laws 346,§ 13, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 19 - TRANSPORTATION SERVICES (§§ 50-19-1 — 50-19-20) › Article 1 - PURCHASE AND USE OF MOTOR VEHICLES (§§ 50-19-1 — 50-19-9) › Section 50-19-3 - through 50-19-5 - [Reserved]

Repealed by 2005 Ga. Laws 22,§ 18, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 19 - TRANSPORTATION SERVICES (§§ 50-19-1 — 50-19-20) › Article 1 - PURCHASE AND USE OF MOTOR VEHICLES (§§ 50-19-1 — 50-19-9) › Section 50-19-6 - Various state entities authorized to purchase, lease, or accept automobiles; Office of Planning and Budget rules to govern operation, maintenance, use, service, and repair

The various offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state are authorized, subject to the approval of the Office of Planning and Budget consistent with legislative appropriations, to purchase, lease, or accept as donations passenger-carrying automobiles and other motor vehicles for the use of officers, officials, and employees in the performance of their official duties. The operation, use, maintenance, service, and repair of passenger-carrying automobiles shall be governed by the rules and regulations promulgated by the Office of Planning and Budget pursuant to Code Section
45-12-73
.
Amended by 2005 Ga. Laws 22,§ 21, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 19 - TRANSPORTATION SERVICES (§§ 50-19-1 — 50-19-20) › Article 1 - PURCHASE AND USE OF MOTOR VEHICLES (§§ 50-19-1 — 50-19-9) › Section 50-19-7 - Mileage and actual travel expenses for state officials and employees; reimbursement

The officers, officials, and employees of the executive, legislative, and judicial branches of state government shall be reimbursed for mileage at the same mileage rate established by the United States General Services Administration for federal employees pursuant to Federal Travel Regulation Amendment 2005-01 as of July 1, 2005, or subsequently amended, as traveling expense when traveling in the service of the state or any agency thereof by personal motor vehicle and, in addition to mileage, shall be reimbursed for actual expenses incurred by reason of tolls and parking fees.
Amended by 2005SP Ga. Laws 2EX,§ 1, eff. 9/10/2005.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 19 - TRANSPORTATION SERVICES (§§ 50-19-1 — 50-19-20) › Article 1 - PURCHASE AND USE OF MOTOR VEHICLES (§§ 50-19-1 — 50-19-9) › Section 50-19-8 - Unlawful to transport campaign literature or persons soliciting votes when state paying mileage

It shall be unlawful for any officer of this state or any employee of any office, agency, department, board, bureau, commission, institution, authority, or other entity of the state while traveling in vehicles upon which the state is paying transportation mileage to transport any political campaign literature or matter or to engage in soliciting votes or to transport any person or persons soliciting votes in any election or primary.
Amended by 2005 Ga. Laws 22,§ 22, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 19 - TRANSPORTATION SERVICES (§§ 50-19-1 — 50-19-20) › Article 1 - PURCHASE AND USE OF MOTOR VEHICLES (§§ 50-19-1 — 50-19-9) › Section 50-19-9 - Penalty for violation of provisions relating to purchase or use of automobiles

Any person violating any provision of this article or any other general law relating to purchase of automobiles with state funds or use of automobiles by state officers or employees shall be guilty of a misdemeanor and, upon conviction thereof, also shall be removed from office.
Amended by 2005 Ga. Laws 22,§ 23, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 19 - TRANSPORTATION SERVICES (§§ 50-19-1 — 50-19-20) › Article 2 - [RESERVED] STATE AIRCRAFT (§ 50-19-20) › Section 50-19-20 - through 50-19-26 - [Reserved]

Reserved. Repealed by Ga. L. 2009, p. 848, § 3/SB 85, effective July 1, 2009.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 20 - [Reserved] RELATIONS WITH NONPROFIT CONTRACTORS (§§ 50-20-1 — 50-20-8) › Section 50-20-1 - Legislative intent

The intent of this chapter is to provide auditing and reporting requirements for nonprofit organizations which provide services and facilities to the state, to ensure the financial accountability of nonprofit contractors, and to develop adequate information concerning nonprofit contractors. The General Assembly finds that the state has a right and a duty to monitor nonprofit organizations which contract with the state to ensure that their activities are in the public interest and to ensure that public funds are used for proper purposes.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 20 - [Reserved] RELATIONS WITH NONPROFIT CONTRACTORS (§§ 50-20-1 — 50-20-8) › Section 50-20-4 - Audits and financial statements; role of state auditor

(a)
The state auditor shall review the nonprofit organization's reporting package or financial statements to ensure compliance with the requirements for audits and financial statement presentation for nonprofit organizations. If the state auditor finds such requirements have not been met, the state auditor within 60 days of receipt of the reporting package or financial statements shall submit a list of deficiencies to be corrected to the nonprofit organization and, if appropriate, to the auditor who performed the audit and to the affected state organizations.
(b)
If the state auditor has not received the required reporting package or financial statements by the date specified in subsection (e) of Code Section
50-20-3
, the state auditor shall within 30 days of such date notify the appropriate state organizations to cease all payments to the nonprofit organization.
(c)
The state auditor shall promptly notify appropriate law enforcement officials of any reported irregularities or illegal acts.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 20 - [Reserved] RELATIONS WITH NONPROFIT CONTRACTORS (§§ 50-20-1 — 50-20-8) › Section 50-20-5 - State organizations required to report to state auditor

(a)
It shall be the duty of the contracting state organization to determine the financial viability of the nonprofit organization as described in subsection (a) of Code Section
50-20-3
before entering into a financial agreement with a nonprofit organization and to monitor the performance of the nonprofit organization under terms of the financial agreement.
(b)
State organizations entering into agreements with nonprofit organizations shall report to the state auditor all such agreements and shall provide each individual nonprofit organization's name, fiscal year end, contract amount, and other information as required by the state auditor.
(c)
When contracting with a nonprofit organization, a state organization shall provide the nonprofit organization with the following financial and compliance information:
(1)
Identification of any state funds included as part of the contract. Such identification should include the contract number;
(2)
Identification of any federal pass-through assistance included as part of the contract. Such identification should include the Catalog of Federal Domestic Assistance number; and
(3)
Identification of requirements imposed by federal laws, regulations, and the provisions of contracts as well as any state or supplementary requirements imposed by state law or the contributing state organization.
(d)
State organizations contracting with nonprofit organizations shall review the corrective action plans to ensure that appropriate corrective action has been taken by the nonprofit organization. If the corrective action listed is determined to be inappropriate, the state organization should formally request additional corrective action by the nonprofit organization. No state organization shall transfer to a nonprofit organization any public funds from any source if a nonprofit organization does not take appropriate corrective action for findings determined to be significant by the state organization.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 20 - [Reserved] RELATIONS WITH NONPROFIT CONTRACTORS (§§ 50-20-1 — 50-20-8) › Section 50-20-6 - Failure to comply; penalties

(a)
A nonprofit organization which receives state awards from a state organization and which, after having received the funds, does not comply with this chapter shall be required to repay the funds to the state organization and shall be prohibited from receiving funds from any state organization for a period of 12 months from the date of notification by the state organizations or the state auditor of the failure to comply.
(b)
This Code section shall be cumulative to any other penalties applicable to the misuse of public funds.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 20 - [Reserved] RELATIONS WITH NONPROFIT CONTRACTORS (§§ 50-20-1 — 50-20-8) › Section 50-20-7 - Reporting packages, financial statements, audit reports, and other schedules to be public records

All reporting packages, financial statements, audit reports, and other schedules required by this chapter shall be public records and shall be made available for public inspection during regular office hours.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 20 - [Reserved] RELATIONS WITH NONPROFIT CONTRACTORS (§§ 50-20-1 — 50-20-8) › Section 50-20-8 - Applicability

(a)
Except as provided in paragraphs (1) through (3) of subsection (b) and paragraphs (1) and (2) of subsection (c) of this Code section, all contracts between a nonprofit organization and a state organization shall be subject to this chapter.
(b)
This chapter shall not apply to:
(1)
Procurement contracts used to buy goods or services from vendors;
(2)
Individual employment contracts; and
(3)
Benefit payments or other related payments made by state organizations to a nonprofit organization on behalf of individuals for health care or other services.
(c)
The provisions of subsection (b) of Code Section
50-20-3
shall not apply to the following:
(1)
Nonprofit organizations affiliated with the University System of Georgia which are organized or operated primarily for the purpose of serving, soliciting, receiving, and investing gifts and donations in the name of the board of regents or individual units of the University System of Georgia or related programs and which expend less than $25,000.00 in state awards;
(2)
Nonprofit organizations affiliated with the State Board of the Technical College System of Georgia or with postsecondary technical schools operated under the state level management and operational control of the State Board of the Technical College System of Georgia which organizations are operated primarily for the purpose of serving, soliciting, receiving, and investing gifts and donations for the board, such schools, or related programs and which expend less than $25,000.00 in state awards; and
(3)
Nonprofit organizations which expend less than $25,000.00 in state awards.
Amended by 2011 Ga. Laws 225,§ 3, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 21 - WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS (§§ 50-21-1 — 50-21-37) › Article 1 - WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU (§ 50-21-1) › Section 50-21-1 - Waiver of sovereign immunity as to actions ex contractu for breach of written contract to which state is party; venue

(a)
The defense of sovereign immunity is waived as to any action ex contractu for the breach of any written contract existing on April 12, 1982, or thereafter entered into by the state, departments and agencies of the state, and state authorities.
(b)
Venue with respect to any such action shall be proper in the Superior Court of Fulton County, Georgia. The provisions of this subsection shall be cumulative and supplemental to any other venue provisions permitted on April 12, 1982, or thereafter permitted by law.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 21 - WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS (§§ 50-21-1 — 50-21-37) › Article 2 - STATE TORT CLAIMS (§§ 50-21-20 — 50-21-37) › Section 50-21-20 - Short title

This article shall be known and may be cited as "The Georgia Tort Claims Act."
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 21 - WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS (§§ 50-21-1 — 50-21-37) › Article 2 - STATE TORT CLAIMS (§§ 50-21-20 — 50-21-37) › Section 50-21-21 - Legislative intent

(a)
The General Assembly recognizes the inherently unfair and inequitable results which occur in the strict application of the traditional doctrine of sovereign immunity. On the other hand, the General Assembly recognizes that, while private entrepreneurs voluntarily choose the ambit of their activity and can thereby exert some control over their exposure to liability, state government does not have the same flexibility. In acting for the public good and in responding to public need, state government must provide a broad range of services and perform a broad range of functions throughout the entire state, regardless of how much exposure to liability may be involved. The exposure of the state treasury to tort liability must therefore be limited. State government should not have the duty to do everything that might be done. Consequently, it is declared to be the public policy of this state that the state shall only be liable in tort actions within the limitations of this article and in accordance with the fair and uniform principles established in this article.
(b)
The General Assembly also recognizes that the proper functioning of state government requires that state officers and employees be free to act and to make decisions, in good faith, without fear of thereby exposing themselves to lawsuits and without fear of the loss of their personal assets. Consequently, it is declared to be the public policy of this state that state officers and employees shall not be subject to lawsuit or liability arising from the performance or nonperformance of their official duties or functions.
(c)
All of the provisions of this article should be construed with a view to carry out this expression of the intent of the General Assembly.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 21 - WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS (§§ 50-21-1 — 50-21-37) › Article 2 - STATE TORT CLAIMS (§§ 50-21-20 — 50-21-37) › Section 50-21-22 - Definitions

As used in this article, the term:
(1)
"Claim" means any demand against the State of Georgia for money only on account of loss caused by the tort of any state officer or employee committed while acting within the scope of his or her official duties or employment.
(2)
"Discretionary function or duty" means a function or duty requiring a state officer or employee to exercise his or her policy judgment in choosing among alternate courses of action based upon a consideration of social, political, or economic factors.
(3)
"Loss" means personal injury; disease; death; damage to tangible property, including lost wages and economic loss to the person who suffered the injury, disease, or death; pain and suffering; mental anguish; and any other element of actual damages recoverable in actions for negligence.
(3.1)
"Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions.
(4)
"Person" means a natural person, corporation, firm, partnership, association, or other such entity.
(5)
"State" means the State of Georgia and any of its offices, agencies, authorities, departments, commissions, boards, divisions, instrumentalities, and institutions, but does not include counties, municipalities, school districts, other units of local government, hospital authorities, or housing and other local authorities.
(6)
"State government entity" means a state office, agency, authority, department, commission, board, division, instrumentality, or institution.
(7)
"State officer or employee" means an officer or employee of the state, elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of the state in any official capacity, whether with or without compensation, but the term does not include an independent contractor doing business with the state. The term state officer or employee also includes any natural person who is a member of a board, commission, committee, task force, or similar body established to perform specific tasks or advisory functions, with or without compensation, for the state or a state government entity, and any natural person who is a volunteer participating as a volunteer, with or without compensation, in a structured volunteer program organized, controlled, and directed by a state government entity for the purposes of carrying out the functions of the state entity. This shall include any health care provider and any volunteer when providing services pursuant to Article 8 of Chapter 8 of Title 31. An employee shall also include foster parents and foster children. Except as otherwise provided for in this paragraph, the term shall not include a corporation whether for profit or not for profit, or any private firm, business proprietorship, company, trust, partnership, association, or other such private entity.
Amended by 2005 Ga. Laws 414,§ 5, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 21 - WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS (§§ 50-21-1 — 50-21-37) › Article 2 - STATE TORT CLAIMS (§§ 50-21-20 — 50-21-37) › Section 50-21-23 - Limited waiver of sovereign immunity

(a)
The state waives its sovereign immunity for the torts of state officers and employees while acting within the scope of their official duties or employment and shall be liable for such torts in the same manner as a private individual or entity would be liable under like circumstances; provided, however, that the state's sovereign immunity is waived subject to all exceptions and limitations set forth in this article. The state shall have no liability for losses resulting from conduct on the part of state officers or employees which was not within the scope of their official duties or employment.
(b)
The state waives its sovereign immunity only to the extent and in the manner provided in this article and only with respect to actions brought in the courts of the State of Georgia. The state does not waive any immunity with respect to actions brought in the courts of the United States.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 21 - WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS (§§ 50-21-1 — 50-21-37) › Article 2 - STATE TORT CLAIMS (§§ 50-21-20 — 50-21-37) › Section 50-21-24.1 - Workers' compensation exclusive remedy not waived; workers' compensation fund to pay claims

This article does not waive the workers' compensation exclusive remedy when state employees are injured on the job. The workers' compensation fund shall pay claims for job related injuries and not the State Tort Claims Trust Fund.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 21 - WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS (§§ 50-21-1 — 50-21-37) › Article 2 - STATE TORT CLAIMS (§§ 50-21-20 — 50-21-37) › Section 50-21-25 - Immunity of state officers or employees for acts within scope of official duties or employment; officer or employee not named in action against state; settlement or judgment

(a)
This article constitutes the exclusive remedy for any tort committed by a state officer or employee. A state officer or employee who commits a tort while acting within the scope of his or her official duties or employment is not subject to lawsuit or liability therefor. However, nothing in this article shall be construed to give a state officer or employee immunity from suit and liability if it is proved that the officer's or employee's conduct was not within the scope of his or her official duties or employment.
(b)
A person bringing an action against the state under the provisions of this article must name as a party defendant only the state government entity for which the state officer or employee was acting and shall not name the state officer or employee individually. In the event that the state officer or employee is individually named for an act or omission for which the state is liable under this article, the state government entity for which the state officer or employee was acting must be substituted as the party defendant.
(c)
A settlement or judgment in an action or a settlement of a claim under this article constitutes a complete bar to any further action by the claimant against a state officer or employee or the state by reason of the same occurrence.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 21 - WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS (§§ 50-21-1 — 50-21-37) › Article 2 - STATE TORT CLAIMS (§§ 50-21-20 — 50-21-37) › Section 50-21-27 - Retroactive operation; limitations of actions; applicability of other related statutes

(a)
It is the specific intent of the General Assembly that this article shall operate retroactively so as to apply to tort claims or causes of action which accrued on or after January 1, 1991. A tort claim or cause of action shall be deemed to have accrued on the date the loss was or should have been discovered. This article shall not apply to tort claims or causes of action which accrued prior to January 1, 1991.
(b)
For tort claims and causes of action which accrued between January 1, 1991, and July 1, 1992, any tort action brought pursuant to this article is forever barred unless it is commenced within two years after July 1, 1992.
(c)
For tort claims and causes of action which accrue on or after July 1, 1992, any tort action brought pursuant to this article is forever barred unless it is commenced within two years after the date the loss was or should have been discovered.
(d)
Statutes of ultimate repose and abrogation, as provided for elsewhere in this Code, shall apply to claims and actions brought pursuant to this article.
(e)
All provisions relating to the tolling of limitations of actions, as provided elsewhere in this Code, shall apply to causes of action brought pursuant to this article.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 21 - WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS (§§ 50-21-1 — 50-21-37) › Article 2 - STATE TORT CLAIMS (§§ 50-21-20 — 50-21-37) › Section 50-21-28 - Venue of actions

All tort actions against the state under this article shall be brought in the state or superior court of the county wherein the tort giving rise to the loss occurred; provided, however, that wrongful death actions may be brought in the county wherein the tort giving rise to the loss occurred or the county wherein the decedent died, and provided, further, that in any case in which an officer or employee of the state may be included as a defendant in his or her individual capacity, the action may be brought in the county of residence of such officer or employee. All actions against the state for losses sustained in any other state shall be brought in the county of residence of any officer or employee residing in this state upon whose actions or omissions the claim against the state is based.
Amended by 2017 Ga. Laws 238,§ 1, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 21 - WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS (§§ 50-21-1 — 50-21-37) › Article 2 - STATE TORT CLAIMS (§§ 50-21-20 — 50-21-37) › Section 50-21-29 - Trial of actions; limitations on amounts of damages; caps to limit total damages regardless of the type claimed

(a)
Trial of tort actions against the state under this article shall be conducted by a judge with a jury; provided, however, the parties may agree that the same be tried by a judge without a jury.
(b)
(1)
Except as provided for in paragraph (2) of this subsection, in any action or claim for damages brought under the provisions of this article, no person shall recover a sum exceeding $1 million because of loss arising from a single occurrence, regardless of the number of state government entities involved; and the state's aggregate liability per occurrence shall not exceed $3 million. The existence of these caps on liability shall not be disclosed or suggested to the jury during the trial of any action brought under this article.
(2)
In any action or claim for damages brought under the provisions of this article pursuant to Article 8 of Chapter 8 of Title 31, any caps specified under Code Section
51-13-1
, notwithstanding any applicability limitations specified in such Code section, shall serve as a total cap of all damages, regardless of the type of damages claimed; provided, however, that in no event shall the state's liability exceed the limits provided for in paragraph (1) of this subsection. The existence of this cap on liability shall not be disclosed or suggested to the jury during the trial of any action brought under this article.
Amended by 2005 Ga. Laws 414,§ 6, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 21 - WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS (§§ 50-21-1 — 50-21-37) › Article 2 - STATE TORT CLAIMS (§§ 50-21-20 — 50-21-37) › Section 50-21-30 - Punitive or exemplary damages or interest prior to judgment not allowed

No award for damages under this article shall include punitive or exemplary damages or interest prior to judgment.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 21 - WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS (§§ 50-21-1 — 50-21-37) › Article 2 - STATE TORT CLAIMS (§§ 50-21-20 — 50-21-37) › Section 50-21-31 - Interest rate after judgment

In all cases where judgment is obtained under this article, the judgment shall bear interest from the date judgment is entered at the rate of 7 percent per annum.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 21 - WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS (§§ 50-21-1 — 50-21-37) › Article 2 - STATE TORT CLAIMS (§§ 50-21-20 — 50-21-37) › Section 50-21-32 - Signing of pleadings, motions, or other papers

In any claim, action, or proceeding brought under this article, the signature of an attorney or party constitutes a certificate by him or her that he or she has read the pleading, motion, or other paper; that to the best of his or her knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion, or other paper is signed in violation of this Code section, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including reasonable attorneys' fees.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 21 - WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS (§§ 50-21-1 — 50-21-37) › Article 2 - STATE TORT CLAIMS (§§ 50-21-20 — 50-21-37) › Section 50-21-34 - Payment of claims or judgments; execution or levy against state funds or property prohibited; amount of fiscal year aggregate liability

(a)
No claim or judgment against the state under this article shall be payable except from the State Tort Claims Trust Fund or from any policies of insurance or contracts of indemnity provided under this article.
(b)
Nothing in this article shall be construed to authorize any execution or levy against any state property or funds. Execution or levy against state property or funds is expressly prohibited.
(c)
Judgments against the state under this article shall be promptly paid by the commissioner of administrative services within 60 days after the same become final if funds are available from the State Tort Claims Trust Fund or from other policies of insurance or contracts of indemnity established under this article.
(d)
The fiscal year aggregate liability of the state under this article shall never exceed the amount of funds available from the State Tort Claims Trust Fund and any other policies of insurance or contracts of indemnity established under this article. For purposes of this Code section, the term "funds available from the State Tort Claims Trust Fund" means the cash balance in the fund less the department's operating expense allocation to the fund for the year. Any judgments obtained in excess of this limitation on annual aggregate liability will not be void. However, such excess judgments shall not be payable unless and until the General Assembly appropriates funds for the payment thereof.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 21 - WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS (§§ 50-21-1 — 50-21-37) › Article 2 - STATE TORT CLAIMS (§§ 50-21-20 — 50-21-37) › Section 50-21-35 - Service of process; mailing of complaint

(a)
A chief executive officer of a state government entity shall provide a designee or designees for service of process for civil actions brought against the state under this article by publishing conspicuously on the homepage of the state government entity's website:
(1)
The name and title of such designee or designees; and
(2)
The office address of such designee or designees for service of process.
(b)
The director of the Risk Management Division of the Department of Administrative Services shall provide a designee for service of process for civil actions brought against the state under this article by publishing conspicuously on the homepage of such division's website:
(1)
The name and title of such designee; and
(2)
The office address of such designee for service of process.
(c)
A designee for service of process shall be present at the published office address no fewer than three days each Monday through Friday, excluding state observed holidays and other office closures, between the hours of 9:00 A.M. and 5:00 P.M. eastern standard time or eastern daylight time, whichever is applicable.
(d)
Except as otherwise provided in subsection (f) of this Code section, in all civil actions brought against the state under this article, to perfect service of process the plaintiff must both:
(1)
Cause process to be served upon the chief executive officer of the state government entity involved, or his or her designee, at his or her usual office address; and
(2)
Cause process to be served upon the director of the Risk Management Division of the Department of Administrative Services, or his or her designee, at his or her usual office address.
(e)
The time for the state to file an answer shall not begin to run until process has been served upon all required persons.
(f)
A copy of the complaint showing the date of filing shall also be mailed to the Attorney General at his or her usual office address, by certified mail or statutory overnight delivery, return receipt requested, and there shall be attached to the complaint a certificate that this requirement has been met.
Amended by 2023 Ga. Laws 77,§ 3-1, eff. 5/1/2023, app. only to causes of action occurring on or after 7/1/2023.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 21 - WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS (§§ 50-21-1 — 50-21-37) › Article 2 - STATE TORT CLAIMS (§§ 50-21-20 — 50-21-37) › Section 50-21-36 - Settlement of claims

The commissioner of the Department of Administrative Services, or his or her delegate, shall have the authority, within the limits provided in this article, to make settlement of claims, causes of action, and actions under this article.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 21 - WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS (§§ 50-21-1 — 50-21-37) › Article 2 - STATE TORT CLAIMS (§§ 50-21-20 — 50-21-37) › Section 50-21-37 - Hold harmless and indemnification agreements

(a)
If a state government entity enters into or is the beneficiary of any agreement under which a third party agrees to hold a state government entity or the State Tort Claims Trust Fund harmless or to indemnify a state government entity or the State Tort Claims Trust Fund, or to provide insurance for those purposes, then the third party or the insurer, as the case may be, shall be liable to the State Tort Claims Trust Fund in accordance with such agreement or contract of insurance, for reimbursement of the amount of any disbursements from the State Tort Claims Trust Fund in satisfaction of any liability, whether established by judgment or settlement in accordance with this article, to the extent of the hold harmless obligation or requirement to procure insurance undertaken under such agreement or contract of insurance obtained pursuant to such agreement. The liability limits specified under Code Section
50-21-29
shall not be increased by the existence of hold harmless or indemnity obligations in such contractual agreements or by the obligation to procure insurance for such purposes or by the limits set forth in any such contractual agreement or contract of insurance procured pursuant thereto.
(b)
No policy of insurance shall be delivered in this state which negates the provisions of this Code section or which provides that the limits of the policy are excess over amounts payable from the State Tort Claims Trust Fund under this Code section.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 22 - MANAGERIAL CONTROL OVER ACQUISITION OF PROFESSIONAL SERVICES (§§ 50-22-1 — 50-22-9) › Section 50-22-1 - Purpose and policy

The purpose of this chapter is to provide managerial control by the state over the acquisition of the professional services provided by architects, professional engineers, landscape architects, land surveyors, and interior designers. It is declared to be the policy of this state to announce publicly requirements for such professional services, to encourage all qualified persons to put themselves in a position to be considered for a contract, and to enter into contracts for such professional services on the basis of demonstrated competence and qualification for the types of professional services required at fair and reasonable fees.
Amended by 2005 Ga. Laws 361,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 22 - MANAGERIAL CONTROL OVER ACQUISITION OF PROFESSIONAL SERVICES (§§ 50-22-1 — 50-22-9) › Section 50-22-2 - Definitions

As used in this chapter, the term:
(1)
"Agency" means every state department, agency, board, bureau, commission, and authority, unless otherwise exempted under the provisions of subsection (b) of Code Section
50-22-7
.
(2)
"Person" means an individual, a corporation, a partnership, a business trust, an association, a firm, or any other legal entity.
(2.1)
"Predesign" means that phase of an activity where requirements programming, site analysis, and other appropriate studies are conducted to develop essential information, including cost estimates, to support and advance the decision-making process prior to the design and implementation phases of an activity.
(3)
"Principal representative" means the governing board of a state agency or the executive head of a state agency who is authorized to contract for the agency for professional services.
(4)
"Professional services" means those services within the scope of the following:
(A)
The practice of architecture, as defined in paragraph (11) of Code Section
43-4-1
;
(B)
The practice of registered interior design, as defined in Code Section
43-4-30
;
(C)
The practice of professional engineering, as defined in paragraph (11) of Code Section
43-15-2
;
(D)
The practice of land surveying, as defined in paragraph (6) of Code Section
43-15-2
; or
(E)
The practice of landscape architecture, as defined in paragraph (3) of Code Section
43-23-1
.
(5)
"Project" means any activity requiring professional services estimated by the state agency to have:
(A)
A cost in excess of $1 million; or
(B)
Costs for professional services in excess of $75,000.00.
Amended by 2010 Ga. Laws 545,§ 5, eff. 6/2/2010.
Amended by 2005 Ga. Laws 361,§ 2, eff. 7/1/2005.
Amended by 2001 Ga. Laws 2, § 50, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 22 - MANAGERIAL CONTROL OVER ACQUISITION OF PROFESSIONAL SERVICES (§§ 50-22-1 — 50-22-9) › Section 50-22-3 - Public notice of proposed project requiring professional services

Public notice shall be required for each proposed project which requires professional services. Such public notice shall be given at least 15 days prior to the selection of the three or more most highly qualified persons by the principal representative or the principal representative's designee pursuant to subsection (b) of Code Section
50-22-4
. Such public notice shall be given by publication at least once in the Georgia Procurement Registry established under subsection (b) of Code Section
50-5-69
and in addition may be given by publication in one or more daily newspapers of general circulation in this state, shall contain a general description of the proposed project, and shall indicate what selection method shall be used and the procedure by which interested persons may apply for consideration for the contract.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 22 - MANAGERIAL CONTROL OVER ACQUISITION OF PROFESSIONAL SERVICES (§§ 50-22-1 — 50-22-9) › Section 50-22-4 - Submission of information to state agency by persons desiring to provide professional services; preliminary selections

(a)
Any person desiring to provide professional services to a state agency shall submit to the agency a statement of qualifications and performance data and such other information as may be required by the agency. The agency may request such person to update such statement periodically in order to reflect changed conditions in the status of such person.
(b)
For each proposed project for which professional services are required, the principal representative or his or her designee of the state agency for which the project is to be done shall evaluate statements of qualifications and performance data as required in the public notice provided for in Code Section
50-22-3
and shall conduct discussions with not less than three persons regarding their qualifications, approaches to the project, abilities to furnish the required professional services, anticipated design concepts, and use of alternative methods of approach for furnishing the required professional services. The principal representative or his or her designee shall then select not less than three nor more than five persons deemed to be most highly qualified to perform the required professional services after considering, and based upon, such factors as the ability of professional personnel, past performance, willingness to meet time requirements, project location, office location, the professional's current and projected workloads, the professional's approach, quality control procedures, the volume of work previously awarded to the person by the state agency, and the extent to which said persons have and will involve minority subcontractors, with the object of effecting an equitable distribution of contracts among qualified persons as long as such distribution does not violate the principle of selection of the most highly qualified person. In selection, as mentioned in this Code section, persons who maintain an office in Georgia shall be given preference when qualifications appear to be equal.
Amended by 2005 Ga. Laws 361,§ 3, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 22 - MANAGERIAL CONTROL OVER ACQUISITION OF PROFESSIONAL SERVICES (§§ 50-22-1 — 50-22-9) › Section 50-22-5 - [Reserved] Final selection of professional by other than contract negotiations

Repealed and reserved by 2005 Ga. Laws 361,§ 4, eff. 7/1/2005.