SSB 1068 (LSB 1243DP (3) 88)

SENATE/HOUSE FILE _____

BY  (PROPOSED ATTORNEY GENERAL BILL)

A BILL FOR

An Act relating to state employee defense and indemnification from certain claims and actions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 669.21, subsection 1, Code 2019, is amended to read as follows:
   1.  Except as otherwise provided in subsection 2, the state shall defend any employee, and shall indemnify and hold harmless an employee against any claim as defined in section 669.2, subsection 3, paragraph “b”, including claims arising under the Constitution, statutes, or rules of the United States or of any state.
    Sec. 2.  Section 669.22, Code 2019, is amended to read as follows:
   669.22  Actions in federal court Employees defended and indemnified —— other actions.
   The state shall defend any employee, and shall indemnify and hold harmless an employee of the state in any action arising under the Constitution, statutes, or rules of the United States or of any state, including actions commenced in federal court under 42 U.S.C. §1983 against the employee for acts of the employee while acting in the scope of employment. The duty to indemnify and hold harmless shall not apply and the state shall be entitled to restitution from an employee if the employee fails to cooperate in the investigation or defense of the claim or demand, or if, in an action commenced by the state against the employee, it is determined that the conduct of the employee upon which the claim or demand was based constituted a willful and wanton act or omission or malfeasance in office.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Code sections 669.21 and 669.22 provide that the state shall defend any state employee, and hold harmless any state employee, for certain claims and actions.
   Code section 669.21, which provides that the state will provide for the defense and indemnification of state employees for claims as defined by Code chapter 669, including claims arising under the Constitution, statutes, or rules of the United States or of any state, is amended by striking the phrase that includes claims arising under the Constitution, statutes or rules of the United States, or of any state. Code section 669.22, which provides that the state will provide for the defense and indemnification of state employees for actions commenced in federal court arising under 42 U.S.C. §1983, is amended to also provide for the defense and indemnification of state employees for actions arising under the Constitution, statutes, or rules of the United States or of any state.