HB559 Alabama 2015 Session

Summary

Primary Sponsor

Steve McMillan

Republican

Session

Regular Session 2015

Title

Municipalities, counties, other local government entities, employees, liability limited under certain conditions, Sec. 11-93-4 added

Summary

HB559 would shield local government employees from personal liability for acts done in the course of their jobs, unless they acted in bad faith, maliciously, or with wanton disregard.

What This Bill Does

The bill adds a new Section 11-93-4. It says local government employees are not personally liable for actions taken during employment unless they acted in bad faith, with malicious purpose, or in a manner showing wanton and willful disregard for rights, safety, or property. The usual remedy would be against the local governmental entity, not the individual employee, except in those specified bad-faith or malicious/wanton cases. It also sets a presumption that acts done during work time and at work locations are within the course and scope of employment. The act becomes effective immediately after passage and governor approval.

Who It Affects

• Local government employees: generally protected from personal tort liability for acts done in the course of employment, with exceptions for bad faith, malice, or wanton disregard.
• Local governmental entities (cities, counties, and similar entities) and people who sue them: lawsuits against individuals would usually be directed at the governmental entity unless the exceptions apply; outside-course or bad-faith acts by employees remain non-liable by the entity.

Key Provisions

• Section 11-93-4(a): No employee shall be personally liable in tort for injuries or damages from acts in the course and scope of employment unless acted in bad faith, with malicious purpose, or with wanton and willful disregard of rights, safety, or property.
• Section 11-93-4(b): The exclusive remedy is against the governmental entity unless the act was committed in bad faith, with malicious purpose, or with wanton and willful disregard for rights, safety, or property; the entity is not liable for acts outside the course and scope or conducted in bad faith.
• Section 11-93-4(c): Defines course and scope; includes a rebuttable presumption that acts within the time and place of employment are within the course and scope of employment.
• Section 2: The act becomes effective immediately following passage and governor 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

Municipalities