Bill Text: GA HB628 | 2009-2010 | Regular Session | Introduced
Bill Title: Brunswick-Glynn County; Joint Water and Sewer Commission; create
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2009-03-10 - Senate Read and Referred [HB628 Detail]
Download: Georgia-2009-HB628-Introduced.html
09
LC 28 4546ER
House
Bill 628
By:
Representatives Lane of the
167th,
Hill of the
180th,
and Keen of the
179th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating the Brunswick-Glynn County Joint Water and Sewer
Commission, approved April 19, 2006 (Ga. L. 2006, p. 3661), so as to
provide for immunity for the commission and its officers, agents, and employees;
to provide for ante litem notice; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act creating the Brunswick-Glynn County Joint Water and Sewer Commission,
approved April 19, 2006 (Ga. L. 2006, p. 3661), is amended by revising
Section 2 as follows:
"SECTION
2.
(a)
There is hereby created a body corporate and politic, to be known as the
Brunswick-Glynn County Joint Water and Sewer Commission, and by that name,
style, and title said body may contract and be contracted with, sue and be sued,
implead and be impleaded, complain and defend in all courts of law and equity,
except that the commission and its officers, agents, and employees when in the
performance of their public duties or work of the commission, shall in no event
be liable for any torts or negligent acts and shall have immunity therefrom, nor
shall the commission be vicariously liable for any torts committed by its
officers, agents, and employees. The commission shall have perpetual existence,
and shall be deemed a governmental body within the meaning of the Georgia
Revenue Bond Law, Article 3 of Chapter 82 of Title 36 of the Official Code of
Georgia Annotated, specifically under subparagraph (2)(C) of Code Section
36-82-61.
(b)(1)
No person, firm, or corporation having a claim for money damages against the
commission on account of injuries to any person or property shall bring any
action against the commission for such injuries without first giving notice
within six months of the happening of the event upon which a claim is
predicated.
(2)
The person, firm, or corporation shall present the claim in writing to the
governing authority of the commission for adjustment, stating the time, place,
and extent of the injury, as nearly as practicable, and the negligence which
caused the injury. No action shall be entertained by the courts against the
commission until the cause of action therein has first been presented to the
governing authority of the commission for adjustment.
(3)
The commission shall have 30 days from the presentation of the claim to consider
and act upon the claim. Action by the commission, unless it results in the
settlement thereof, shall in no sense be a bar to an action therefor in the
courts.
(4)
The running of the statute of limitations shall be suspended during the time
that the demand for payment is pending before the commission without action on
the part of the commission."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.