O.C.G.A.

O.C.G.A. § 50-21-34 (2019)

Payment of claims or judgments; execution or levy against state funds or property prohibited; amount of fiscal year aggregate liability

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) No claim or judgment against the state under this article shall be payable except from the State Tort Claims Trust Fund or from any policies of insurance or contracts of indemnity provided under this article.

(b) Nothing in this article shall be construed to authorize any execution or levy against any state property or funds. Execution or levy against state property or funds is expressly prohibited.

(c) Judgments against the state under this article shall be promptly paid by the commissioner of administrative services within 60 days after the same become final if funds are available from the State Tort Claims Trust Fund or from other policies of insurance or contracts of indemnity established under this article.

(d) The fiscal year aggregate liability of the state under this article shall never exceed the amount of funds available from the State Tort Claims Trust Fund and any other policies of insurance or contracts of indemnity established under this article. For purposes of this Code section, the term ‘‘funds available from the State Tort Claims Trust Fund’’ means the cash balance in the fund less the department’s operating expense allocation to the fund for the year. Any judgments obtained in excess of this limitation on annual aggregate liability will not be void. However, such excess judgments shall not be payable unless and until the General Assembly appropriates funds for the payment thereof.

History

Code 1981, § 50-21-34, enacted by Ga. L. 1992, p. 1883, § 1.

Notes of Decisions
Cited in 1 case, 2014–2014 · leading case: Hartley v. Agnes Scott Coll., 759 S.E.2d 857 (Ga. 2014).
Hartley v. Agnes Scott Coll., 759 S.E.2d 857 (Ga. 2014). · cites it 4× “Finally, no tort claim or judgment is payable under the GTCA except from the State Tort Claims Trust Fund or from policies of insurance or contracts of indemnity that DOAS has established, OCGA § 50-21-34 (a), and DOAS is required to “establish and charge to state government…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.