Bill Text: IA HF2387 | 2017-2018 | 87th General Assembly | Introduced
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
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: TLSB 5414YH (5) 87 asf/rj 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. LSB 5414YH (5) 87 asf/rj