HB119 Alabama 2015 Session

Summary

Primary Sponsor

Steve McMillan

Republican

Session

Regular Session 2015

Title

Governmental immunity for officers and employees of the state, official capacity and personal capacity, term includes governmental entities such as counties and municipalities as defined in Sec. 11-93-1, Code of Alabama 1975, Act 2014-124, 2014 Reg. Sess., am'd; Sec. 36-1-12 am'd.

Summary

HB119 expands immunity protections to include officials and employees of local governments (counties and municipalities) by treating them like state officers under the existing immunity rules.

What This Bill Does

It adds governmental entities to the definition of 'officer, employee, or agent of the state' so local government workers have the same immunity as state workers when acting in official capacity. It preserves both official-capacity immunity from civil liability and personal-capacity immunity under defined duties, with examples such as planning, administering, enforcing laws, and other official actions. It keeps exceptions where immunity does not apply if required by law or if actions are willful, malicious, fraudulent, in bad faith, beyond authority, or based on a mistaken interpretation of the law, and notes that other immunities are not eliminated.

Who It Affects

• State officers, employees, and agents (including education employees) who act in official capacity would be immune from civil liability.
• Officers, employees, and agents of governmental entities (counties, municipalities, and instrumentalities) would receive the same immunity protections as state actors.

Key Provisions

• Defines 'education employee' and expands the scope to include governmental entities as defined in Section 11-93-1.
• States that an officer, employee, or agent of the state acting in official capacity is immune from civil liability under the Constitution.
• Specifies personal-capacity immunity for certain official actions (planning, administering, enforcing statutes, etc.).
• Lists exceptions where immunity does not apply (required by law; willful/malicious/fraudulent/bad faith actions or beyond authority).
• clarifies that the act does not eliminate other immunities and 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