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Senate File 2008

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 669.2, subsection 4, Code Supplement
  1  2 1997, is amended to read as follows:
  1  3    4.  "Employee of the state" includes any one or more
  1  4 officers, agents, or employees of the state or any state
  1  5 agency, including members of the general assembly, and persons
  1  6 acting on behalf of the state or any state agency in any
  1  7 official capacity, temporarily or permanently in the service
  1  8 of the state of Iowa, whether with or without compensation,
  1  9 but does not include a contractor doing business with the
  1 10 state.  Professional personnel, including physicians,
  1 11 osteopathic physicians and surgeons, osteopathic physicians,
  1 12 optometrists, dentists, nurses, physician assistants, and
  1 13 other medical personnel, who render services to patients or
  1 14 inmates of state institutions under the jurisdiction of the
  1 15 department of human services or the Iowa department of
  1 16 corrections, and employees of the commission of veterans
  1 17 affairs, are to be considered employees of the state, whether
  1 18 the personnel are employed on a full-time basis or render
  1 19 services on a part-time basis on a fee schedule or other
  1 20 arrangement.  Criminal defendants while performing unpaid
  1 21 community service ordered by the district court, board of
  1 22 parole, or judicial district department of correctional
  1 23 services, or an inmate providing services pursuant to a
  1 24 chapter 28E agreement entered into pursuant to section
  1 25 904.703, and persons supervising those criminal defendants or
  1 26 inmates, are to be considered employees of the state.
  1 27    Sec. 2.  Section 904.703, unnumbered paragraph 3, Code
  1 28 1997, is amended to read as follows:
  1 29    The director may enter into a chapter 28E agreement with a
  1 30 county board of supervisors or county conservation board to
  1 31 provide inmate services for environmental maintenance
  1 32 including but not limited to brush and weed cutting, tree
  1 33 planting, and erosion control.  The board of supervisors or
  1 34 conservation board shall reimburse the department of
  1 35 corrections for the allowance paid the inmates by the
  2  1 director.  The supervision, security, and transportation of
  2  2 inmates used pursuant to the chapter 28E agreement shall be
  2  3 provided by the department of corrections.  
  2  4                           EXPLANATION
  2  5    This bill makes changes relating to community service work
  2  6 programs for criminal defendants and institutional and public
  2  7 service work programs for inmates of correctional
  2  8 institutions.  The state tort claims act immunity provisions
  2  9 are amended to provide that persons supervising criminal
  2 10 defendants who are performing community service, and persons
  2 11 who are supervising inmates who are performing services under
  2 12 a chapter 28E services agreement, are to be considered
  2 13 "employees of the state".  The state tort claims act provides
  2 14 tort claim liability coverage by the state for state employees
  2 15 who commit negligent acts or omissions during the course of
  2 16 their employment.
  2 17    The bill deletes language which requires that a county
  2 18 board of supervisors or county conservation board reimburse
  2 19 the department of corrections for any allowances paid to
  2 20 inmates who are performing environmental maintenance services
  2 21 for the county under a chapter 28E agreement.  The bill also
  2 22 deletes a requirement that the department of corrections
  2 23 provide the supervision, security, and transportation of
  2 24 inmates who are used to perform the environmental maintenance
  2 25 services under a chapter 28E agreement.  
  2 26 LSB 3366SS 77
  2 27 lh/jl/8
     
Text: SF02007                           Text: SF02009
Text: SF02000 - SF02099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index
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