HB64 Alabama 2014 Session

Signed by Governor

Bill Summary

Session

Regular Session 2014

Title

Sovereign immunity, immunity for officers, employees, agents of the state, including certain employees of local school boards and State Board of Education, specified in official and personal capacity under certain conditions

Description

The Constitution of Alabama of 1901 affords absolute immunity to the state itself and to state officials and employees acting in their official capacity. Qualified immunity is afforded to state officers, agents, and employees for liability associated with certain discretionary duties.

This bill would specify in statute that an officer, employee, or agent of the state, including any employee of the State Board of Education or any local board of education, in his or her official capacity is immune from liability in any suit pursuant to the Constitution of Alabama of 1901.

This bill would also specify in statute that an officer, employee, or agent of the state, including any employee of the State Board of Education or any local board of education, is not personally liable for any act that is incident to or within the scope of the duties of the person's position of employment with, or relationship to, the state and that involves the exercise of judgment or discretion on the part of the officer, employee, or agent, unless he or she acts willfully, maliciously, fraudulently, in bad faith, or beyond his or her authority.

Relating to sovereign immunity, to specify in statute that an officer, employee, or agent of the state, including a certified or noncertified employee of the State Board of Education or any local board of education, in his or her official capacity is immune from liability in any suit pursuant to the Constitution of Alabama of 1901; and to specify that these persons are not personally liable for any act that is incident to or within the scope of the duties of their position of employment with, or relationship to, the state and that involve the exercise of judgment or discretion, unless he or she acts willfully, maliciously, fraudulently, in bad faith, or beyond his or her authority.

Subjects

Civil Procedure

Bill Actions

Action Date	Chamber	Action
February 26, 2014	H	Delivered to Governor at 11:18 a.m. on February 27, 2014.
February 26, 2014	H	Assigned Act No. 2014-124.
February 26, 2014	H	Clerk of the House Certification
February 26, 2014	S	Signature Requested
February 26, 2014	H	Enrolled
February 26, 2014	H	Passed Second House
February 25, 2014	S	Motion to Read a Third Time and Pass adopted Roll Call 560
February 25, 2014	S	Third Reading Passed
February 11, 2014	S	Read for the second time and placed on the calendar
January 22, 2014	S	Read for the first time and referred to the Senate committee on Judiciary
January 21, 2014	H	Engrossed
January 21, 2014	H	Cosponsors intended to be added
January 21, 2014	H	Motion to Read a Third Time and Pass adopted Roll Call 51
January 21, 2014	H	Motion to Adopt adopted Roll Call 50
January 21, 2014	H	Judiciary Amendment Offered
January 21, 2014	H	Motion to Adopt adopted Roll Call 49
January 21, 2014	H	Judiciary first Substitute Offered
January 21, 2014	H	Third Reading Passed
January 14, 2014	H	Read for the second time and placed on the calendar with 1 substitute and 1 amendment
January 13, 2014	H	Read for the first time and referred to the House of Representatives committee on Judiciary