S-5319

   Amend House File 2502, as amended, passed, and reprinted by the House, as follows:
   1.  Page 37, after line 28 by inserting: 
<DIVISION ___
UNFAIR OR DISCRIMINATORY EMPLOYMENT PRACTICES
   Sec. ___.  Section 669.21, subsection 2, Code 2018, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  The duty to indemnify and hold harmless shall not apply if the employee is accused of committing an unfair or discriminatory employment practice in violation of state or federal law. If the employee is accused of committing an unfair or discriminatory employment practice in violation of state or federal law and the accusation results in an award by a court, the duty to compensate the plaintiff shall apply, but the state shall seek restitution from the employee.
   Sec. ___.  Section 669.22, Code 2018, is amended to read as follows:
   669.22  Actions in federal court.
   1.  The state shall defend any employee, and shall indemnify and hold harmless an employee of the state in any action commenced in federal court under 42 U.S.C. §1983 against the employee for acts of the employee while acting in the scope of employment. The duty to indemnify and hold harmless shall not apply and the state shall be entitled to restitution from an employee if the employee fails to cooperate in the investigation or defense of the claim or demand, or if, in an action commenced by the state against the employee, it is determined that the conduct of the employee upon which the claim or demand was based constituted a willful and wanton act or omission or malfeasance in office.
   2.  The duty to indemnify and hold harmless shall not apply if the employee is accused of committing an unfair or discriminatory employment practice in violation of federal law. If the employee is accused of committing an unfair or discriminatory employment practice in violation of federal law and the accusation results in an award by a court, the duty to compensate the plaintiff shall apply, but the state shall seek restitution from the employee.>
   2.  By renumbering as necessary.

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LIZ MATHIS