As used in this chapter, unless the context otherwise requires:
1. "Acting within the scope of the employee's office or employment" means acting in the employee's line of duty as an employee of the state.
2. "Award" means any amount determined by the state appeal board to be payable to a claimant under section 669.3, and the amount of any compromise or settlement under section 669.9.
3. "Claim" means:
a. Any claim against the state of Iowa for money only, on account of damage to or loss of property or on account of personal injury or death, caused by the negligent or wrongful act or omission of any employee of the state while acting within the scope of the employee's office or employment, under circumstances where the state, if a private person, would be liable to the claimant for such damage, loss, injury, or death.
b. Any claim against an employee of the state for money only, on account of damage to or loss of property or on account of personal injury or death, caused by the negligent or wrongful act or omission of any employee of the state while acting within the scope of the employee's office or employment.
4. "Employee of the state" includes any one or more officers, agents, or employees of the state or any state agency, including members of the general assembly, and persons acting on behalf of the state or any state agency in any official capacity, temporarily or permanently in the service of the state of Iowa, whether with or without compensation, but does not include a contractor doing business with the state. Professional personnel, including physicians, osteopathic physicians and surgeons, osteopathic physicians, optometrists, dentists, nurses, physician assistants, and other medical personnel, who render services to patients or inmates of state institutions under the jurisdiction of the department of human services, and employees of the commission of veterans affairs, or the Iowa department of corrections are to be considered employees of the state, whether the personnel are employed on a full-time basis or render services on a part- time basis on a fee schedule or other arrangement. Criminal defendants while performing unpaid community service ordered by the district court, board of parole, or judicial district department of correctional services, or an inmate providing services pursuant to a chapter 28E agreement entered into pursuant to section 904.703, are to be considered employees of the state.
"Employee of the state" also includes an individual performing unpaid community service under an order of the district court pursuant to section 598.23A.
5. "State agency" includes all executive departments, agencies, boards, bureaus, and commissions of the state of Iowa, and corporations whose primary function is to act as, and while acting as, instrumentalities or agencies of the state of Iowa, whether or not authorized to sue and be sued in their own names. This definition does not include a contractor with the state of Iowa. Soil and water conservation districts as defined in section 161A.3, subsection 5, judicial district departments of correctional services as established in section 905.2, and regional boards of library trustees as defined in chapter 256, are state agencies for purposes of this chapter.
6. "State appeal board" means the state appeal board as defined in section 73A.1.
[C66, 71, 73, 75, 77, 79, 81, § 25A.2]
83 Acts, ch 96, § 56, 159; 84 Acts, ch 1259, § 1; 86 Acts, ch 1172, § 1; 87 Acts, ch 23, § 1; 89 Acts, ch 83, § 13; 90 Acts, ch 1251, §2 ~IC93, § 669.2 ~I93 Acts, ch 48, §53; 94 Acts, ch 1171, §51; 96 Acts, ch 1165, § 1
Referred to in § 135C.30, 203.12B, 203C.3, 203C.4, 669.21
Iowa General Assembly
Search: Iowa Code 1997
© 1997 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Mon Jan 27 16:05:08 CST 1997
URL: /DOCS/IACODE/1997/669/2.html
jhf