HB119 By Representative McMillan RFD Judiciary Rd 1 03-MAR-15

SYNOPSIS: Under existing law, an officer, employee, or agent of the state, including an education employee, is immune from liability when acting in his or her official capacity and is immune from civil liability in his or her personal capacity under certain conditions.

This bill would further provide for the immunity and would specify that the term "officer, employee, or agent of the state" in the law includes an officer, employee, or agent of a governmental entity as that term is defined in Section 11-93-1 of the Code of Alabama 1975, which generally includes municipalities and counties and their instrumentalities.

A BILL TO BE ENTITLED AN ACT

To amend Act 2014-124 of the 2014 Regular Session, now appearing as Section 36-1-12, Code of Alabama 1975, relating to the immunity of an officer, employee, or agent of the state, including an education employee under certain conditions; to further provide for the immunity and that the immunity applies to an officer, employee, or agent of a governmental entity as that term is defined in Section 11-93-1, Code of Alabama 1975.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Act 2014-124 of the 2014 Regular Session, now appearing as Section 36-1-12, Code of Alabama 1975, is amended to read as follows:

§36-1-12.

"(a) For the purposes of this section, "education employee" means a certified or noncertified employee of the State Board of Education or any local board of education and an employee of the Alabama Institute for Deaf and Blind, the Alabama School of Fine Arts, the Department of Youth Services, or the Alabama School of Mathematics and Science. The term "officer, employee, or agent of the state" includes an officer, employee, or agent of a governmental entity as that term is defined in Section 11-93-1.

"(b) An officer, employee, or agent of the state, including, but not limited to, an education employee, acting in his or her official capacity is immune from civil liability in any suit pursuant to Article I, Section 14, of the Constitution of Alabama of 1901.

"(c) An officer, employee, or agent of the state, including, but not limited to, an education employee, is immune from civil liability in his or her personal capacity when the conduct made the basis of the claim is based upon the agent's doing any of the following:

"(1) Formulating plans, policies, or designs.

"(2) Exercising his or her judgment in the administration of a department or agency of government, including, but not limited to, examples such as:

"a. Making administrative adjudications.

"b. Allocating resources.

"c. Negotiating contracts.

"d. Hiring, firing, transferring, assigning, or supervising personnel.

"(3) Discharging duties imposed on a department or agency by statute, rule, or regulation, insofar as the statute, rule, or regulation prescribes the manner for performing the duties and the officer, employee, or agent of the state agent performs the duties in that manner.

"(4) Exercising judgment in the enforcement of the criminal laws of the state, including, but not limited to, law enforcement officers' arresting or attempting to arrest persons.

"(5) Exercising judgment in the discharge of within the line and scope of his or her official duties imposed by statute, rule, or regulation in including, but not limited to, releasing prisoners, counseling or releasing persons of unsound mind, or educating students, or providing services.

"(d) Notwithstanding subsection (c), an education employee, officer, employee, or agent of the state is not immune from civil liability in his or her personal capacity if:

"(1) The Constitution or laws of the United States, or the Constitution of this state, or laws, rules, or regulations of this state enacted or promulgated for the purpose of regulating the activities of a governmental agency require otherwise; or

"(2) The education employee, officer, employee, or agent of the state acts willfully, maliciously, fraudulently, in bad faith, beyond his or her authority, or under a mistaken interpretation of the law.

"(e) This section shall not be construed to eliminate, alter, or otherwise modify any other immunity regarding officers, employees, or agents of the state established under the constitution and laws of this state."

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Civil Procedure

Immunity

Torts

Liability

Counties

Municipalities

Acts Amended

Code Amended