Alabama House Bill HB248

Alabama 2022 Regular Session

• Introduced: 2/3/22
• Refer: 2/3/22

Caption

Sovereign immunity, certain county officials, further provided, Sec. 36-1-12 am'd.

Impact

The implications of HB248 are significant, as it expands the pool of officials who can be afforded sovereign immunity protections under the law. By granting immunity to county tax officials, it potentially shields them from civil lawsuits related to their performance in their official capacities. This could encourage more decisive actions within their roles as they operate without the fear of legal repercussions stemming from their duties, thus potentially improving government efficiency in tax collection and revenue management.

Summary

House Bill 248, known as the Sovereign Immunity for County Officials Act, aims to redefine the scope of civil liability protections for public officials in the state of Alabama. Specifically, the bill amends Section 36-1-12 of the Code of Alabama 1975 to classify the revenue commissioner, tax assessor, and tax collector of each county as 'officers of the state' concerning their immunity from civil liability. This change seeks to enhance these officials' protections while executing certain official duties, including tax administration and revenue collection.

Contention

The bill has sparked discussions among various stakeholders regarding the balance between granting immunity to public officials and ensuring accountability to the public. Proponents argue that this change is necessary to protect officials from frivolous lawsuits that could impede their duties and dissuade qualified individuals from seeking public office. Critics counter that expanding immunity may lead to a lack of accountability and oversight, particularly in cases where tax officials may act beyond their authority or poorly execute their duties, impacting citizens' rights and interests.