Bill Text: IA HF2387 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to restitution for claims arising from members of the general assembly committing unlawful and unfair or discriminatory employment practices.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced - Dead) 2018-02-16 - Introduced, referred to Judiciary. H.J. 289. [HF2387 Detail]

Download: Iowa-2017-HF2387-Introduced.html

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House File 2387 - Introduced




                                 HOUSE FILE       
                                 BY  MASCHER, HUNTER,
                                     KACENA, NIELSEN, R.
                                     SMITH, FORBES,
                                     McCONKEY,
                                     BROWN=POWERS,
                                     ISENHART, GAINES,
                                     GASKILL, WINCKLER,
                                     LENSING, KURTH, STAED,
                                     KEARNS, and T. TAYLOR

                                      A BILL FOR

  1 An Act relating to restitution for claims arising from members
  2    of the general assembly committing unlawful and unfair or
  3    discriminatory employment practices.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 669.21, subsection 2, Code 2018, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  c.  The duty to indemnify and hold harmless
  1  4 shall not apply if the employee is a member of the general
  1  5 assembly and the claim arises from the employee committing
  1  6 an unlawful and unfair or discriminatory employment practice
  1  7 in violation of state or federal law. If the claim results
  1  8 in an award by a court, the duty to compensate the plaintiff
  1  9 shall apply, but the state shall have an absolute right to seek
  1 10 restitution for the award and defendant's attorney fees.
  1 11    Sec. 2.  Section 669.22, Code 2018, is amended to read as
  1 12 follows:
  1 13    669.22  Actions in federal court.
  1 14    The state shall defend any employee, and shall indemnify and
  1 15 hold harmless an employee of the state in any action commenced
  1 16 in federal court under 42 U.S.C. {1983 against the employee for
  1 17 acts of the employee while acting in the scope of employment.
  1 18 The duty to indemnify and hold harmless shall not apply and the
  1 19 state shall be entitled to restitution from an employee if the
  1 20 employee fails to cooperate in the investigation or defense of
  1 21 the claim or demand, or if, in an action commenced by the state
  1 22 against the employee, it is determined that the conduct of the
  1 23 employee upon which the claim or demand was based constituted a
  1 24 willful and wanton act or omission or malfeasance in office.
  1 25 The duty to indemnify and hold harmless shall not apply if the
  1 26 employee is a member of the general assembly and the claim
  1 27 arises from the employee committing an unlawful and unfair or
  1 28 discriminatory employment practice in violation of federal
  1 29 law. If the claim results in an award by a court, the duty
  1 30 to compensate the plaintiff shall apply, but the state shall
  1 31 have an absolute right to seek restitution for the award and
  1 32 defendant's attorney fees.
  1 33                           EXPLANATION
  1 34 The inclusion of this explanation does not constitute agreement with
  1 35 the explanation's substance by the members of the general assembly.
  2  1 Under current law, the state has waived sovereign immunity
  2  2 for certain tort claims, which are defined as monetary,
  2  3 pursuant to the Iowa tort claims Act, Code chapter 669.  Under
  2  4 current law, if a state employee, defined to include a member
  2  5 of the general assembly, is acting within the scope of the
  2  6 employee's office or employment, the state will defend and will
  2  7 indemnify and hold harmless the employee or the state will be
  2  8 substituted as the defendant in place of the state employee.
  2  9 Thus under current law, unless the employee is acting outside
  2 10 the scope of the employee's office or employment, the employee
  2 11 is not personally liable for torts.
  2 12    In accordance with the Iowa civil rights Act, Code chapter
  2 13 216, and federal law, it is unlawful for members of the general
  2 14 assembly to engage in unfair or discriminatory employment
  2 15 practices.
  2 16    Under the bill, the state will defend, but will not indemnify
  2 17 and hold harmless a defendant member of the general assembly
  2 18 if the claims arise out of the member of the general assembly
  2 19 committing unlawful and unfair or discriminatory employment
  2 20 practices in violation of state or federal law. Under the
  2 21 bill, if a member of the general assembly is accused of
  2 22 employment discrimination and it results in an award by a
  2 23 court, the state would pay the award but then would be entitled
  2 24 to seek restitution for the award and defendant's attorney fees
  2 25 from the offending state employee. The result would allow a
  2 26 plaintiff to receive an award from the state, but would allow
  2 27 the state to recover as much of the court=ordered award and
  2 28 the cost of a defendant's attorney fees as possible from the
  2 29 offending state employee.
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