Bill Text: IA SF2107 | 2017-2018 | 87th General Assembly | Introduced

---

Bill Title: A bill for an act relating to restitution for claims arising from state employees committing unfair or discriminatory employment practices.

Spectrum: Partisan Bill (Democrat 20-1)

Status: (Introduced - Dead) 2018-01-30 - Subcommittee: Schultz, Bisignano, and Chapman. S.J. 183. [SF2107 Detail]

Download: Iowa-2017-SF2107-Introduced.html

---

Senate File 2107 - Introduced




                                 SENATE FILE       
                                 BY  BOWMAN, JOCHUM,
                                     PETERSEN, McCOY, HART,
                                     BOULTON, BOLKCOM,
                                     HOGG, LYKAM, RAGAN,
                                     MATHIS, DVORSKY,
                                     DOTZLER, ALLEN,
                                     BISIGNANO, TAYLOR,
                                     KINNEY, D. JOHNSON,
                                     DANIELSON, QUIRMBACH,
                                     and HORN

                                      A BILL FOR

  1 An Act relating to restitution for claims arising from state
  2    employees committing unfair or discriminatory employment
  3    practices.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5462XS (7) 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 accused of committing an
  1  5 unfair or discriminatory employment practice in violation of
  1  6 state or federal law.  If the employee is accused of committing
  1  7 an unfair or discriminatory employment practice in violation of
  1  8 state or federal law and the accusation results in an award by
  1  9 a court, the duty to compensate the plaintiff shall apply, but
  1 10 the state shall seek restitution from the employee.
  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    1.  The state shall defend any employee, and shall indemnify
  1 15 and hold harmless an employee of the state in any action
  1 16 commenced in federal court under 42 U.S.C. {1983 against the
  1 17 employee for acts of the employee while acting in the scope
  1 18 of employment. The duty to indemnify and hold harmless shall
  1 19 not apply and the state shall be entitled to restitution
  1 20 from an employee if the employee fails to cooperate in the
  1 21 investigation or defense of the claim or demand, or if, in
  1 22 an action commenced by the state against the employee, it is
  1 23 determined that the conduct of the employee upon which the
  1 24 claim or demand was based constituted a willful and wanton act
  1 25 or omission or malfeasance in office.
  1 26    2.  The duty to indemnify and hold harmless shall not
  1 27 apply if the employee is accused of committing an unfair or
  1 28 discriminatory employment practice in violation of federal
  1 29 law.  If the employee is accused of committing an unfair or
  1 30 discriminatory employment practice in violation of federal law
  1 31 and the accusation results in an award by a court, the duty to
  1 32 compensate the plaintiff shall apply, but the state shall seek
  1 33 restitution from the employee.
  1 34                           EXPLANATION
  1 35 The inclusion of this explanation does not constitute agreement with
  2  1 the explanation's substance by the members of the general assembly.
  2  2    Under current law, the state has waived sovereign immunity
  2  3 for certain tort claims, which are defined as monetary,
  2  4 pursuant to the Iowa tort claims Act, Code chapter 669.  Under
  2  5 current law, if a state employee is acting within the scope of
  2  6 the employee's office or employment, the state will defend and
  2  7 will indemnify and hold harmless the employee or substitute
  2  8 as the defendant in place of the state employee.  Thus under
  2  9 current law, unless the employee is acting outside the scope
  2 10 of the employee's office or employment, the employee is not
  2 11 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 state employees to
  2 14 engage in unfair or discriminatory employment practices.
  2 15 Under the bill, the state will defend, but will not indemnify
  2 16 and hold harmless a defendant state employee if the claims
  2 17 arise out of the employee committing unfair or discriminatory
  2 18 employment practices in violation of state or federal law.
  2 19 Under the bill, if a state employee is accused of employment
  2 20 discrimination and it results in an award by a court, the
  2 21 state would pay the award but then would be required to
  2 22 seek restitution from the offending state employee.  The
  2 23 result would allow the plaintiff to receive an award from
  2 24 the state but would require the state to recover as much of
  2 25 a court=ordered award as possible from the offending state
  2 26 employee.
       LSB 5462XS (7) 87
       asf/rj