Senate File 476 S-3049 Amend Senate File 476 as follows: 1 1. By striking page 1, line 3, through page 2, line 32, and 2 inserting: 3 < Sec. ___. NEW SECTION . 669.14A Qualified immunity. 4 1. Notwithstanding any other provision of law, an employee 5 of the state subject to a claim brought under this chapter 6 shall not be liable for monetary damages if any of the 7 following apply: 8 a. The right, privilege, or immunity secured by law was not 9 clearly established at the time of the alleged deprivation, 10 or at the time of the alleged deprivation the state of the 11 law was not sufficiently clear that every reasonable employee 12 would have understood that the conduct alleged constituted a 13 violation of law. 14 b. A court of competent jurisdiction has issued a final 15 decision on the merits holding, without reversal, vacatur, or 16 preemption, that the specific conduct alleged to be unlawful 17 was consistent with the law. 18 2. The state or a state agency shall not be liable for 19 any claim brought under this chapter where the employee 20 was determined to be protected by qualified immunity under 21 subsection 1. 22 3. A plaintiff who brings a claim under this chapter 23 alleging a violation of the law must state with particularity 24 the circumstances constituting the violation and that the law 25 was clearly established at the time of the alleged violation. 26 Failure to plead a plausible violation or failure to plead that 27 the law was clearly established at the time of the alleged 28 violation shall result in dismissal with prejudice. 29 4. Any decision by the district court denying qualified 30 immunity shall be immediately appealable. 31 5. This section shall apply in addition to any other 32 statutory or common law immunity. 33 Sec. ___. NEW SECTION . 669.26 Money damages —— nonwaiver 34 of rights. 35 -1- SF476.1142 (1) 89 cm/jh 1/ 3 #1.

This chapter shall not be construed to be a waiver of 1 sovereign immunity for a claim for money damages under the 2 Constitution of the State of Iowa. 3 Sec. ___. NEW SECTION . 670.4A Qualified immunity. 4 1. Notwithstanding any other provision of law, an employee 5 or officer subject to a claim brought under this chapter shall 6 not be liable for monetary damages if any of the following 7 apply: 8 a. The right, privilege, or immunity secured by law was not 9 clearly established at the time of the alleged deprivation, 10 or at the time of the alleged deprivation the state of the 11 law was not sufficiently clear that every reasonable employee 12 would have understood that the conduct alleged constituted a 13 violation of law. 14 b. A court of competent jurisdiction has issued a final 15 decision on the merits holding, without reversal, vacatur, or 16 preemption, that the specific conduct alleged to be unlawful 17 was consistent with the law. 18 2. A municipality shall not be liable for any claim brought 19 under this chapter where the employee or officer was determined 20 to be protected by qualified immunity under subsection 1. 21 3. A plaintiff who brings a claim under this chapter 22 alleging a violation of the law must state with particularity 23 the circumstances constituting the violation and that the law 24 was clearly established at the time of the alleged violation. 25 Failure to plead a plausible violation or failure to plead that 26 the law was clearly established at the time of the alleged 27 violation shall result in dismissal with prejudice. 28 4. Any decision by the district court denying qualified 29 immunity shall be immediately appealable. 30 5. This section shall apply in addition to any other 31 statutory or common law immunity. 32 Sec. ___. NEW SECTION . 670.14 Money damages —— nonwaiver 33 of rights. 34 This chapter shall not be construed to be a waiver of 35 -2- SF476.1142 (1) 89 cm/jh 2/ 3

sovereign immunity for a claim for money damages under the 1 Constitution of the State of Iowa. 2 Sec. ___. EFFECTIVE DATE. This division of this Act, being 3 deemed of immediate importance, takes effect upon enactment. > 4 2. Title page, lines 1 and 2, by striking < of law 5 enforcement officers > 6 3. Title page, line 5, after < prosecutors > by inserting < , 7 and including effective date provisions > 8 4. By renumbering as necessary. 9 ______________________________ DAN DAWSON -3- SF476.1142 (1) 89 cm/jh 3/ 3 #2. #3. #4.