There is a newer version of this Section
2020 Georgia Code
Title 50 - State Government
Chapter 21 - Waiver of Sovereign Immunity as to Actions Ex Contractu; State Tort Claims
Article 2 - State Tort Claims
§ 50-21-22. Definitions
Universal Citation: GA Code § 50-21-22 (2020)
As used in this article, the term:
- "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.
- "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.
- "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.
- "Person" means a natural person, corporation, firm, partnership, association, or other such entity.
- "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.
- "State government entity" means a state office, agency, authority, department, commission, board, division, instrumentality, or institution.
- "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.
(Code 1981, §50-21-22, enacted by Ga. L. 1992, p. 1883, § 1; Ga. L. 1994, p. 1717, §§ 9, 10; Ga. L. 1998, p. 128, § 50; Ga. L. 2005, p. 1493, § 5/HB 166.)Editor's notes.
- Ga. L. 2005, p. 1493, § 7/HB 166, not codified by the General Assembly, provides: "This Act shall become effective only if funds are specifically appropriated for purposes of this Act in an appropriations Act making specific reference to this Act. This Act shall become effective when funds as appropriated become available for expenditure." Funds were appropriated at the 2005 session of the General Assembly.
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