Bill Text: IA SSB1068 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to state employee defense and indemnification from certain claims and actions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-02-12 - Subcommittee recommends passage. [SSB1068 Detail]
Download: Iowa-2019-SSB1068-Introduced.html
Senate
Study
Bill
1068
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
ATTORNEY
GENERAL
BILL)
A
BILL
FOR
An
Act
relating
to
state
employee
defense
and
indemnification
1
from
certain
claims
and
actions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
Section
1.
Section
669.21,
subsection
1,
Code
2019,
is
1
amended
to
read
as
follows:
2
1.
Except
as
otherwise
provided
in
subsection
2
,
the
3
state
shall
defend
any
employee,
and
shall
indemnify
and
hold
4
harmless
an
employee
against
any
claim
as
defined
in
section
5
669.2,
subsection
3
,
paragraph
“b”
,
including
claims
arising
6
under
the
Constitution,
statutes,
or
rules
of
the
United
States
7
or
of
any
state
.
8
Sec.
2.
Section
669.22,
Code
2019,
is
amended
to
read
as
9
follows:
10
669.22
Actions
in
federal
court
Employees
defended
and
11
indemnified
——
other
actions
.
12
The
state
shall
defend
any
employee,
and
shall
indemnify
and
13
hold
harmless
an
employee
of
the
state
in
any
action
arising
14
under
the
Constitution,
statutes,
or
rules
of
the
United
States
15
or
of
any
state,
including
actions
commenced
in
federal
court
16
under
42
U.S.C.
§1983
against
the
employee
for
acts
of
the
17
employee
while
acting
in
the
scope
of
employment.
The
duty
to
18
indemnify
and
hold
harmless
shall
not
apply
and
the
state
shall
19
be
entitled
to
restitution
from
an
employee
if
the
employee
20
fails
to
cooperate
in
the
investigation
or
defense
of
the
claim
21
or
demand,
or
if,
in
an
action
commenced
by
the
state
against
22
the
employee,
it
is
determined
that
the
conduct
of
the
employee
23
upon
which
the
claim
or
demand
was
based
constituted
a
willful
24
and
wanton
act
or
omission
or
malfeasance
in
office.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
Code
sections
669.21
and
669.22
provide
that
the
state
29
shall
defend
any
state
employee,
and
hold
harmless
any
state
30
employee,
for
certain
claims
and
actions.
31
Code
section
669.21,
which
provides
that
the
state
will
32
provide
for
the
defense
and
indemnification
of
state
employees
33
for
claims
as
defined
by
Code
chapter
669,
including
claims
34
arising
under
the
Constitution,
statutes,
or
rules
of
the
35
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H.F.
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United
States
or
of
any
state,
is
amended
by
striking
the
1
phrase
that
includes
claims
arising
under
the
Constitution,
2
statutes
or
rules
of
the
United
States,
or
of
any
state.
Code
3
section
669.22,
which
provides
that
the
state
will
provide
for
4
the
defense
and
indemnification
of
state
employees
for
actions
5
commenced
in
federal
court
arising
under
42
U.S.C.
§1983,
is
6
amended
to
also
provide
for
the
defense
and
indemnification
of
7
state
employees
for
actions
arising
under
the
Constitution,
8
statutes,
or
rules
of
the
United
States
or
of
any
state.
9
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