§ 16-17A-19 — Sovereign Immunity; Damage Limitation

(a) This chapter is not intended to extend or grant sovereign immunity to any authority or university affiliate that is not entitled to sovereign immunity under applicable law. Nor is this chapter intended to limit or remove sovereign immunity for any authority or university affiliate that is entitled to sovereign immunity under applicable law.
(b) An authority or university affiliate not entitled to sovereign immunity shall be entitled to the benefits of the damage limitation for tort actions provided in Chapter 93 of Title 11, if the authority or university affiliate meets both of the following requirements:
(1) An entity that is a governmental entity within the meaning of Section 11-93-1, participates in the organization of the authority or university affiliate. A governmental entity participates in the organization of an authority or university affiliate if the governmental entity enters into an affiliation agreement or similar agreement with a university providing for the organization of the authority or university affiliate.
(2) The authority or university affiliate receives public support for its operations, including, without limitations, taxes allocated to the authority or university affiliate, or appropriations from the state or any other governmental entity that benefit the authority or university affiliate.
(c) As further evidence of the intent expressed in this chapter, the Legislature declares that:
(1) An authority or university affiliate described in subsection (b) constitutes a governmental entity within the meaning of Section 11-93-1.
(2) Claims for money damages against an authority or university affiliate described in subsection (b) constitutes claims within the meaning of Section 11-93-1.

Legislative History

(Act 2016-201, §19.)