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AL HB119
Bill
Status
3/3/2015
Primary Sponsor
Steve McMillan
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AI Summary
HB119 Summary
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Amends Section 36-1-12 of the Alabama Code to expand the definition of "officer, employee, or agent of the state" to include officers, employees, and agents of governmental entities as defined in Section 11-93-1, which encompasses municipalities, counties, and their instrumentalities.
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Provides immunity from civil liability for state officers and employees acting in their official capacity under Article I, Section 14 of the Alabama Constitution of 1901.
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Grants immunity from personal capacity liability when conduct is based on formulating plans/policies, exercising administrative judgment, discharging statutory duties, enforcing criminal laws, or exercising judgment within the scope of official duties.
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Eliminates immunity if conduct violates federal or state constitutions, laws, rules, or regulations, or if the officer/employee acts willfully, maliciously, fraudulently, in bad faith, beyond authority, or under mistaken interpretation of law.
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Takes effect immediately upon passage and gubernatorial approval.
Legislative Description
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.
Civil Procedure
Last Action
Read for the first time and referred to the House of Representatives committee on Judiciary
3/3/2015