Bill Text: IA HSB211 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the Iowa municipal tort claims Act by limiting the personal liability of an employee unless that employee's actions constitute willful and wanton misconduct.
Spectrum: Committee Bill
Status: (N/A - Dead) 2020-02-04 - Placed on calendar. [HSB211 Detail]
Download: Iowa-2019-HSB211-Introduced.html
House
Study
Bill
211
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
A
BILL
FOR
An
Act
relating
to
the
Iowa
municipal
tort
claims
Act
by
1
limiting
the
personal
liability
of
an
employee
unless
that
2
employee’s
actions
constitute
willful
and
wanton
misconduct.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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_____
Section
1.
Section
670.2,
Code
2019,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
4.
An
employee
is
not
personally
liable
3
for
a
claim
arising
out
of
an
act
of
the
employee
taken
in
4
execution
or
enforcement
of
any
law
unless
the
act
constitutes
5
willful
and
wanton
misconduct.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
The
Iowa
municipal
tort
claims
Act
provides
that
every
10
municipality
is
subject
to
liability
for
its
torts
and
those
of
11
its
officers
and
employees,
acting
within
the
scope
of
their
12
employment
or
duties,
whether
arising
out
of
a
governmental
or
13
proprietary
function.
“Municipality”
is
defined
as
a
city,
14
township,
school
district,
a
Code
chapter
28E
entity
“p”,
and
15
any
other
unit
of
local
government
except
a
soil
and
water
16
conservation
district.
This
bill
provides
that
a
person
cannot
17
bring
a
claim
arising
out
of
an
act
or
omission
of
an
employee
18
of
a
municipality
in
the
execution
or
enforcement
of
any
law
19
against
an
employee
of
the
municipality
in
the
employee’s
20
personal
capacity
unless
the
employee’s
act
constitutes
willful
21
and
wanton
misconduct.
22
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