Text: SF02391 Text: SF02393 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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 inmates under and 1 26 according to the terms of the chapter 28E agreement, are to be 1 27 considered employees of the state. 1 28 Sec. 2. Section 669.21, Code 1997, is amended to read as 1 29 follows: 1 30 669.21 EMPLOYEES DEFENDED AND INDEMNIFIED. 1 31 The state shall defend any employee, and shall indemnify 1 32 and hold harmless an employee against any claim as defined in 1 33 section 669.2, subsection 3, paragraph "b", including claims 1 34 arising under the Constitution, statutes, or rules of the 1 35 United States or of any state. The duty to indemnify and hold 2 1 harmless shall not apply and the state shall be entitled to 2 2 restitution from an employee if the employee fails to 2 3 cooperate in the investigation or defense of the claim, as 2 4 defined in this section, or, if, in an action commenced by the 2 5 state against the employee, it is determined that the conduct 2 6 of the employee upon which a tort claim or demand was based 2 7 constituted a willful and wanton act or omission or 2 8 malfeasance in office. 2 9 Sec. 3. Section 669.22, Code 1997, is amended to read as 2 10 follows: 2 11 669.22 ACTIONS IN FEDERAL COURT. 2 12 The state shall defend any employee, and shall indemnify 2 13 and hold harmless an employee of the state in any action 2 14 commenced in federal court under section 1983, Title 42, 2 15 United States Code, against the employee for acts of the 2 16 employee while acting in the scope of employment. The duty to 2 17 indemnify and hold harmless shall not apply and the state 2 18 shall be entitled to restitution from an employee if the 2 19 employee fails to cooperate in the investigation or defense of 2 20 the claim or demand, or if, in an action commenced by the 2 21 state against the employee, it is determined that the conduct 2 22 of the employee upon which the claim or demand was based 2 23 constituted a willful and wanton act or omission or 2 24 malfeasance in office. 2 25 Sec. 4. Section 904.703, unnumbered paragraph 3, Code 2 26 1997, is amended to read as follows: 2 27 The director may enter into a chapter 28E agreement with a 2 28 county board of supervisors or county conservation board to 2 29 provide inmate services for environmental maintenance 2 30 including but not limited to brush and weed cutting, tree 2 31 planting, and erosion control.The board of supervisors or2 32conservation board shall reimburse the department of2 33corrections for the allowance paid the inmates by the2 34director. The supervision, security, and transportation of2 35inmates used pursuant to the chapter 28E agreement shall be3 1provided by the department of corrections.3 2 EXPLANATION 3 3 This bill makes changes relating to community service work 3 4 programs for institutional and public service work programs 3 5 for inmates of correctional institutions. The state tort 3 6 claims act immunity provisions are amended to provide that 3 7 persons supervising inmates who are performing services under 3 8 a chapter 28E services agreement, are to be considered 3 9 "employees of the state". An exception is added to provisions 3 10 relating to the state's duty to indemnify and hold harmless an 3 11 "employee of the state" in those cases in which the employee 3 12 fails to cooperate in the investigation or defense of the 3 13 claim. The state tort claims act provides tort claim 3 14 liability coverage by the state for state employees who commit 3 15 negligent acts or omissions during the course of their 3 16 employment. 3 17 The bill deletes language which requires that a county 3 18 board of supervisors or county conservation board reimburse 3 19 the department of corrections for any allowances paid to 3 20 inmates who are performing environmental maintenance services 3 21 for the county under a chapter 28E agreement. The bill also 3 22 deletes a requirement that the department of corrections 3 23 provide the supervision, security, and transportation of 3 24 inmates who are used to perform the environmental maintenance 3 25 services under a chapter 28E agreement. 3 26 LSB 3366SV 77 3 27 lh/jl/8
Text: SF02391 Text: SF02393 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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