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ARTICLE · 28 MAY 2019

House Bill 311 – Seeking Limitations On Sovereign Immunity

House Bill 311, sponsored by Rep. Andy Welch (R-McDonough) and passed by both the House and the Senate,

United StatesLitigation, Mediation & Arbitration

House Bill 311, sponsored by Rep. Andy Welch (R-McDonough) and passed by both the House and the Senate, was recently vetoed by Georgia Governor Brian Kemp. Generally speaking, the purpose of the Bill was to reduce the government's ability to claim sovereign immunity and allow Georgia citizens the ability to seek judicial relief against public entities and officials that they believe have committed unconstitutional and unlawful acts.

House Bill 311 was the General Assembly's response to a 2017 abortion rights case in which the Georgia Supreme Court held that Georgia citizens could not seek injunctions or declaratory judgments against a government's implementation and enforcement of a law without the government's consent.1 The full text of the Bill can be found at http://www.legis.ga.gov/legislation/en-US/Display/20192020/HB/311 (last visited May 13, 2019).

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