Text: S05373                            Text: S05375
Text: S05300 - S05399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5374

Amendment Text

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 conservation
  2 31 board shall reimburse the department of corrections
  2 32 for the allowance paid the inmates by the director.
  2 33 The supervision, security, and transportation of
  2 34 inmates used pursuant to the chapter 28E agreement
  2 35 shall 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 
  2 42 
  2 43                               
  2 44 MERLIN E. BARTZ 
  2 45 
  2 46 
  2 47                               
  2 48 EUGENE S. FRAISE 
  2 49 HF 2211.501 77
  2 50 lh/jw/28
     

Text: S05373                            Text: S05375
Text: S05300 - S05399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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