TITLE 50 STATE GOVERNMENT

Section 21. Waiver of Sovereign Immunity as to Actions Ex Contractu; State Tort Claims, 50-21-1 through 50-21-37.

ARTICLE 2 STATE TORT CLAIMS

50-21-34. Payment of claims or judgments; execution or levy against state funds or property prohibited; amount of fiscal year aggregate liability.

1. 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.
2. 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.
3. 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.
4. 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.

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