In 1992 the Georgia State Legislature passed the Georgia State Tort Claims Act ("GTCA") which waived the state's sovereign immunity. The GTCA defines "state" as the "State of Georgia and any of its offices, agencies, authorities, departments, commissions, boards, divisions, instrumentalities, and institutions" but the statute specifically excludes "counties, municipalities, school districts, other units of local government, hospital authorities, or housing and other local authorities." Under the GTCA a discretionary function or duty is specifically defined by statue. However, the common law distinction between ministerial and discretionary functions still applies to all entities exempted from the GTCA.
Guerrero, Franklin D. Jr.
"Seay v. Cleveland: Resolution of the Ministerial Discretionary Dichotomy,"
Mercer Law Review: Vol. 51:
2, Article 14.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol51/iss2/14