ATLANTA – The state House of Representatives took another crack Thursday at legislation giving Georgians the legal ability to sue the state and local governments.
The House unanimously passed a constitutional amendment targeting the doctrine of sovereign immunity, a centuries-old legal concept that holds the “sovereign” – or government – cannot be sued without its consent.
Lawmakers have adopted previous versions of the measure twice in the last four years. But both Gov. Brian Kemp and his predecessor, Nathan Deal, have vetoed it, arguing it would hurt the government’s ability to function.
The legislation stems from Georgia Supreme Court rulings in recent years that broadly interpreted sovereign immunity. But those decisions also opened the door for the General Assembly to amend Georgia’s Constitution to give citizens a limited right to sue, essentially inviting lawmakers to take up the constitutional change.
Under the proposed amendment, plaintiffs could sue when a government agency or official causes harm to them by enforcing an unconstitutional law or regulation. It would apply to lawsuits seeking either declaratory judgement or injunctive relief but would not let plaintiffs seek to recover monetary damages or attorney fees.
“It is a limited waiver,” said Rep. Andy Welch, R-McDonough, the measure’s chief sponsor. “It has one purpose: to protect our constitutional and statutory rights.”
Rep. Rick Williams, R-Milledgeville, said he was worried the legislation could be used to target members of state regulatory boards carrying out their duties.
But Welch said the legislation would allow lawsuits only against a state or local government agency or agency board, not an individual.
“You have the power to open up the courthouse so people can come and sue if they think the government has violated their constitutional rights,” Welch told his House colleagues Thursday. “Let the third branch of government be a check on the other two branches.”
The constitutional amendment now moves to the Senate.