HB64 Alabama 2014 Session

Summary

Primary Sponsor

Mike Jones

Republican

Co-Sponsors

Ed HenryMark TuggleMary Sue McClurkinPhil WilliamsMike BallLynn GreerAllen FarleyKen JohnsonTerri CollinsRandy DavisWes LongSteve HurstJohn MerrillHoward SanderfordWilliam RobertsDan WilliamsJim McClendonBecky NordgrenJack WilliamsMicky HammonMack N. ButlerJim CarnsKurt WallaceRichard BaughnMike HubbardHarry ShiverRandall SheddAllen TreadawayMike HillSteve McMillanMac McCutcheonPaul BeckmanWayne JohnsonDickie DrakeDonnie ChesteenJim PattersonK.L. BrownMike MillicanDavid StandridgeDavid SessionsAlan BakerMac ButtramKerry RichBarry MooreJoe Faust

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

Summary

HB64 broadens immunity protections for state officers, employees, and education workers, detailing when they are shielded from civil liability and outlining limited personal-capacity exceptions.

What This Bill Does

Defines who counts as an education employee (including state and local education staff and certain state schools). It states that education employees and other state officers, employees, or agents are immune from civil liability in official capacity. It also provides personal-capacity immunity for many actions such as planning, administering, enforcing laws, handling criminal justice duties, and educating students, with specific examples. Exceptions apply if required by federal or state law or if actions are willful, malicious, fraudulent, in bad faith, beyond authority, or a misinterpretation of the law; the act does not remove other immunities and takes effect immediately after signing into law.

Who It Affects

• Education employees (certified or noncertified) working for the State Board of Education, local boards of education, and certain state schools and departments; they receive official-capacity immunity and, in many cases, personal-capacity immunity for listed activities unless exceptions apply.
• Other state officers, employees, or agents (including education employees) acting in official capacity; they receive official-capacity immunity and personal-capacity immunity for the enumerated duties, with exceptions as described.

Key Provisions

• Education employee is defined to include staff from the State Board of Education, local boards of education, and specific state institutions (e.g., Alabama Institute for Deaf and Blind, Alabama School of Mathematics and Science, Alabama School of Fine Arts, Department of Youth Services).
• Education employees and state officers, employees, or agents are immune from civil liability in their official capacity under Article I, Section 14 of the Alabama Constitution.
• In personal capacity, immunity covers acts such as formulating plans/policies, exercising administrative judgment (including adjudications, resource allocation, contracts, and personnel decisions), performing duties prescribed by statute/regulation, enforcing criminal laws, and duties related to releasing prisoners or educating students.
• Immunity does not apply in personal capacity if required by federal or state constitution/law or if acts are willful, malicious, fraudulent, in bad faith, beyond authority, or based on a mistaken interpretation of the law.
• The act does not modify other immunities for state officers, employees, or agents, and it becomes effective immediately after governor's approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure