Text: H08825 Text: H08827 Text: H08800 - H08899 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2211, as passed by the House, as 1 2 follows: 1 3 #1. Page 1, by inserting before line 1 the 1 4 following: 1 5 "Section 1. Section 669.2, subsection 4, 1 6 unnumbered paragraph 1, Code Supplement 1997, is 1 7 amended to read as follows: 1 8 "Employee of the state" includes any one or more 1 9 officers, agents, or employees of the state or any 1 10 state agency, including members of the general 1 11 assembly, and persons acting on behalf of the state or 1 12 any state agency in any official capacity, temporarily 1 13 or permanently in the service of the state of Iowa, 1 14 whether with or without compensation, but does not 1 15 include a contractor doing business with the state. 1 16 Professional personnel, including physicians, 1 17 osteopathic physicians and surgeons, osteopathic 1 18 physicians, optometrists, dentists, nurses, physician 1 19 assistants, and other medical personnel, who render 1 20 services to patients or inmates of state institutions 1 21 under the jurisdiction of the department of human 1 22 services or the Iowa department of corrections, and 1 23 employees of the commission of veterans affairs, are 1 24 to be considered employees of the state, whether the 1 25 personnel are employed on a full-time basis or render 1 26 services on a part-time basis on a fee schedule or 1 27 other arrangement. Criminal defendants while 1 28 performing unpaid community service ordered by the 1 29 district court, board of parole, or judicial district 1 30 department of correctional services, or an inmate 1 31 providing services pursuant to a chapter 28E agreement 1 32 entered into pursuant to section 904.703, and persons 1 33 supervising those inmates under and according to the 1 34 terms of the chapter 28E agreement, are to be 1 35 considered employees of the state. 1 36 Sec. . Section 669.21, Code 1997, is amended to 1 37 read as follows: 1 38 669.21 EMPLOYEES DEFENDED AND INDEMNIFIED. 1 39 The state shall defend any employee, and shall 1 40 indemnify and hold harmless an employee against any 1 41 claim as defined in section 669.2, subsection 3, 1 42 paragraph "b", including claims arising under the 1 43 Constitution, statutes, or rules of the United States 1 44 or of any state. The duty to indemnify and hold 1 45 harmless shall not apply and the state shall be 1 46 entitled to restitution from an employee if the 1 47 employee fails to cooperate in the investigation or 1 48 defense of the claim, as defined in this section, or, 1 49 if, in an action commenced by the state against the 1 50 employee, it is determined that the conduct of the 2 1 employee upon which a tort claim or demand was based 2 2 constituted a willful and wanton act or omission or 2 3 malfeasance in office. 2 4 Sec. . Section 669.22, Code 1997, is amended to 2 5 read as follows: 2 6 669.22 ACTIONS IN FEDERAL COURT. 2 7 The state shall defend any employee, and shall 2 8 indemnify and hold harmless an employee of the state 2 9 in any action commenced in federal court under section 2 10 1983, Title 42, United States Code, against the 2 11 employee for acts of the employee while acting in the 2 12 scope of employment. The duty to indemnify and hold 2 13 harmless shall not apply and the state shall be 2 14 entitled to restitution from an employee if the 2 15 employee fails to cooperate in the investigation or 2 16 defense of the claim or demand, or if, in an action 2 17 commenced by the state against the employee, it is 2 18 determined that the conduct of the employee upon which 2 19 the claim or demand was based constituted a willful 2 20 and wanton act or omission or malfeasance in office." 2 21 #2. Page 1, by inserting after line 22 the 2 22 following: 2 23 "Sec. . Section 904.703, unnumbered paragraph 2 24 3, Code 1997, is amended to read as follows: 2 25 The director may enter into a chapter 28E agreement 2 26 with a county board of supervisors or county 2 27 conservation board to provide inmate services for 2 28 environmental maintenance including but not limited to 2 29 brush and weed cutting, tree planting, and erosion 2 30 control.The board of supervisors or conservation2 31board shall reimburse the department of corrections2 32for the allowance paid the inmates by the director.2 33The supervision, security, and transportation of2 34inmates used pursuant to the chapter 28E agreement2 35shall be provided by the department of corrections." 2 36 #3. Title page, line 1, by striking the word 2 37 "medical" and inserting the following: "certain". 2 38 #4. Title page, line 2, by striking the words 2 39 "incurred by certain prisoners" and inserting the 2 40 following: "relating to certain inmates, prisoners,". 2 41 HF 2211S 2 42 lh/cc/26
Text: H08825 Text: H08827 Text: H08800 - H08899 Text: H Index Bills and Amendments: General Index Bill History: General Index
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