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House Journal: Page 1239: Friday, April 3, 1998

11   assembly, and persons acting on behalf of the state or
12   any state agency in any official capacity, temporarily
13   or permanently in the service of the state of Iowa,
14   whether with or without compensation, but does not
15   include a contractor doing business with the state.
16   Professional personnel, including physicians,
17   osteopathic physicians and surgeons, osteopathic
18   physicians, optometrists, dentists, nurses, physician
19   assistants, and other medical personnel, who render
20   services to patients or inmates of state institutions
21   under the jurisdiction of the department of human
22   services or the Iowa department of corrections, and
23   employees of the commission of veterans affairs, are
24   to be considered employees of the state, whether the
25   personnel are employed on a full-time basis or render
26   services on a part-time basis on a fee schedule or
27   other arrangement.  Criminal defendants while
28   performing unpaid community service ordered by the
29   district court, board of parole, or judicial district
30   department of correctional services, or an inmate
31   providing services pursuant to a chapter 28E agreement
32   entered into pursuant to section 904.703, and persons
33   supervising those inmates under and according to the
34   terms of the chapter 28E agreement, are to be
35   considered employees of the state.
36     Sec. ___.  Section 669.21, Code 1997, is amended to
37   read as follows:
38     669.21  EMPLOYEES DEFENDED AND INDEMNIFIED.
39     The state shall defend any employee, and shall
40   indemnify and hold harmless an employee against any
41   claim as defined in section 669.2, subsection 3,
42   paragraph "b", including claims arising under the
43   Constitution, statutes, or rules of the United States
44   or of any state.  The duty to indemnify and hold
45   harmless shall not apply and the state shall be
46   entitled to restitution from an employee if the
47   employee fails to cooperate in the investigation or
48   defense of the claim, as defined in this section, or,
49   if, in an action commenced by the state against the
50   employee, it is determined that the conduct of the

Page 2  

 1   employee upon which a tort claim or demand was based
 2   constituted a willful and wanton act or omission or
 3   malfeasance in office.
 4     Sec. ___.  Section 669.22, Code 1997, is amended to
 5   read as follows:
 6     669.22  ACTIONS IN FEDERAL COURT.
 7     The state shall defend any employee, and shall
 8   indemnify and hold harmless an employee of the state
 9   in any action commenced in federal court under section
10   1983, Title 42, United States Code, against the

© 1998 Cornell College and League of Women Voters of Iowa

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URL: /DOCS/GA/77GA/Session.2/HJournal/01200/01239.html
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