09 LC
14 9907
House
Bill 125
By:
Representative Lindsey of the
54th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 33 of Title 36 of the Official Code of Georgia Annotated, relating
to liability of municipal corporations for acts or omissions, so as to change
provisions relative to ante litem notice; to change the period of time for
presentation of written notice of claims involving damage to real property; to
provide for a penalty where a claimant recovers in court an amount exceeding
that offered in settlement in the case of damage to real property; to provide
for related matters; to provide for an effective date and applicability; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
33 of Title 36 of the Official Code of Georgia Annotated, relating to liability
of municipal corporations for acts or omissions, is amended by revising Code
Section 36-33-5, relating to ante litem notice, as follows:
"36-33-5.
(a)
No person, firm, or corporation having a claim for money damages against any
municipal corporation on account of injuries to person or property shall bring
any action against the municipal corporation for such injuries, without first
giving notice as provided in subsection (b) of this Code section.
(b)(1)
Except as provided in paragraph (2) of this subsection,
within
Within
six months of the happening of the event upon which a claim against a municipal
corporation is predicated, the person, firm, or corporation having the claim
shall present the claim in writing to the governing authority of the municipal
corporation 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 municipal corporation until the
cause of action therein has first been presented to the governing authority for
adjustment.
(2)
Where a claim involves damage to real property, the written claim shall be
presented to the governing authority within 12 months after the happening of the
event.
(c)
Upon the presentation of such claim, the governing authority shall consider and
act upon the claim within 30 days from the presentation; and the action of the
governing authority, unless it results in the settlement thereof, shall in no
sense be a bar to an action therefor in the courts.
(d)
In the case of a claim involving damage to real property, where the adjustment
by the governing authority fails to result in a settlement and the claimant
recovers a judgment in excess of any amount offered in settlement, a penalty in
the amount of 25 percent of the recovery shall be added to the
judgment.
(d)(e)
The running of the statute of limitations shall be suspended during the time
that the demand for payment is pending before such authorities without action on
their part."
SECTION
2.
This
Act shall become effective on July 1, 2009, and shall apply with respect to
claims arising on or after that date. Prior claims shall continue to be
governed by prior law, except that the time for presentation of a written claim
involving damage to real property which arose on or after January 1, 2009, and
prior to July 1, 2009, shall be extended to 12 months.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.