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House File 2211

Partial Bill History

Bill Text

PAG LIN
  1  1                                        HOUSE FILE 2211
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE LIABILITY FOR AND PAYMENT OF CERTAIN COSTS AND
  1  5    OTHER EXPENSES RELATING TO CERTAIN INMATES, PRISONERS, AND
  1  6    ESCAPEES.  
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  Section 669.2, subsection 4, unnumbered
  1 11 paragraph 1, Code Supplement 1997, is amended to read as
  1 12 follows:
  1 13    "Employee of the state" includes any one or more officers,
  1 14 agents, or employees of the state or any state agency,
  1 15 including members of the general assembly, and persons acting
  1 16 on behalf of the state or any state agency in any official
  1 17 capacity, temporarily or permanently in the service of the
  1 18 state of Iowa, whether with or without compensation, but does
  1 19 not include a contractor doing business with the state.
  1 20 Professional personnel, including physicians, osteopathic
  1 21 physicians and surgeons, osteopathic physicians, optometrists,
  1 22 dentists, nurses, physician assistants, and other medical
  1 23 personnel, who render services to patients or inmates of state
  1 24 institutions under the jurisdiction of the department of human
  1 25 services or the Iowa department of corrections, and employees
  1 26 of the commission of veterans affairs, are to be considered
  1 27 employees of the state, whether the personnel are employed on
  1 28 a full-time basis or render services on a part-time basis on a
  1 29 fee schedule or other arrangement.  Criminal defendants while
  1 30 performing unpaid community service ordered by the district
  1 31 court, board of parole, or judicial district department of
  1 32 correctional services, or an inmate providing services
  1 33 pursuant to a chapter 28E agreement entered into pursuant to
  1 34 section 904.703, and persons supervising those inmates under
  1 35 and according to the terms of the chapter 28E agreement, are
  2  1 to be considered employees of the state.
  2  2    Sec. 2.  Section 669.21, Code 1997, is amended to read as
  2  3 follows:
  2  4    669.21  EMPLOYEES DEFENDED AND INDEMNIFIED.
  2  5    The state shall defend any employee, and shall indemnify
  2  6 and hold harmless an employee against any claim as defined in
  2  7 section 669.2, subsection 3, paragraph "b", including claims
  2  8 arising under the Constitution, statutes, or rules of the
  2  9 United States or of any state.  The duty to indemnify and hold
  2 10 harmless shall not apply and the state shall be entitled to
  2 11 restitution from an employee if the employee fails to
  2 12 cooperate in the investigation or defense of the claim, as
  2 13 defined in this section, or, if, in an action commenced by the
  2 14 state against the employee, it is determined that the conduct
  2 15 of the employee upon which a tort claim or demand was based
  2 16 constituted a willful and wanton act or omission or
  2 17 malfeasance in office.
  2 18    Sec. 3.  Section 669.22, Code 1997, is amended to read as
  2 19 follows:
  2 20    669.22  ACTIONS IN FEDERAL COURT.
  2 21    The state shall defend any employee, and shall indemnify
  2 22 and hold harmless an employee of the state in any action
  2 23 commenced in federal court under section 1983, Title 42,
  2 24 United States Code, against the employee for acts of the
  2 25 employee while acting in the scope of employment.  The duty to
  2 26 indemnify and hold harmless shall not apply and the state
  2 27 shall be entitled to restitution from an employee if the
  2 28 employee fails to cooperate in the investigation or defense of
  2 29 the claim or demand, or if, in an action commenced by the
  2 30 state against the employee, it is determined that the conduct
  2 31 of the employee upon which the claim or demand was based
  2 32 constituted a willful and wanton act or omission or
  2 33 malfeasance in office.
  2 34    Sec. 4.  Section 804.28, Code 1997, is amended to read as
  2 35 follows:
  3  1    804.28  DEPARTMENT OF PUBLIC SAFETY PRISONERS.
  3  2    The sheriff of any county shall accept for custody in the
  3  3 county jail of the sheriff's respective county any person
  3  4 handed over to the sheriff for safekeeping and lodging by any
  3  5 member of the department of public safety.  The county shall
  3  6 not be liable for medical treatment for injuries incurred by a
  3  7 person before the person is transferred to the custody of the
  3  8 sheriff.  Any expenses payable by the state pursuant to this
  3  9 section shall be paid out of any moneys in the state treasury
  3 10 not otherwise appropriated.  The expenses shall be paid on
  3 11 claims filed with the department of revenue and finance.
  3 12    Sec. 5.  NEW SECTION.  904.507A  LIABILITY FOR ESCAPEE
  3 13 EXPENSES.
  3 14    If a person escapes from a state correctional institution
  3 15 including but not limited to those institutions listed in
  3 16 section 904.102, all necessary and legal expenses incurred by
  3 17 that person while absent from the state institution shall be
  3 18 paid out of any moneys in the state treasury not otherwise
  3 19 appropriated.  The expenses shall be paid on claims filed with
  3 20 the department of revenue and finance.
  3 21    Sec. 6.  Section 904.703, unnumbered paragraph 3, Code
  3 22 1997, is amended to read as follows:
  3 23    The director may enter into a chapter 28E agreement with a
  3 24 county board of supervisors or county conservation board to
  3 25 provide inmate services for environmental maintenance
  3 26 including but not limited to brush and weed cutting, tree
  3 27 planting, and erosion control.  The board of supervisors or
  3 28 conservation board shall reimburse the department of
  3 29 corrections for the allowance paid the inmates by the
  3 30 director.  The supervision, security, and transportation of
  3 31 inmates used pursuant to the chapter 28E agreement shall be
  3 32 provided by the department of corrections.  
  3 33 
  3 34 
  3 35                                                             
  4  1                               RON J. CORBETT
  4  2                               Speaker of the House
  4  3 
  4  4 
  4  5                                                             
  4  6                               MARY E. KRAMER
  4  7                               President of the Senate
  4  8 
  4  9    I hereby certify that this bill originated in the House and
  4 10 is known as House File 2211, Seventy-seventh General Assembly.
  4 11 
  4 12 
  4 13                                                             
  4 14                               ELIZABETH ISAACSON
  4 15                               Chief Clerk of the House
  4 16 Approved                , 1998
  4 17 
  4 18 
  4 19                         
  4 20 TERRY E. BRANSTAD
  4 21 Governor
     
Text: HF02210                           Text: HF02212
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