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