Senate File 476 S-3054 Amend the amendment, S-3049, to Senate File 476, as follows: 1 1. By striking page 1, line 2, through page 3, line 9, and 2 inserting: 3 < 1. By striking page 1, line 3, through page 2, line 32, and 4 inserting: 5 < Sec. ___. Section 669.14, Code 2021, is amended by adding 6 the following new subsection: 7 NEW SUBSECTION . 1A. Any claim based upon an act or omission 8 of an employee of the state, exercising due care, in the 9 execution of or enforcement of any law. 10 Sec. ___. Section 670.2, Code 2021, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 4. An employee is not personally liable 13 for a claim based upon an act or omission of the person taken 14 in execution or enforcement of any law except for acts or 15 omissions which involve intentional misconduct or knowing 16 violations of the law. 17 Sec. ___. Section 670.7, Code 2021, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 5. The governing body of a municipality 20 shall purchase and maintain insurance or join a local 21 government risk pool pursuant to this section for claims for 22 punitive damages in tort actions for wrongful death, excessive 23 force, and arrest filed without probable cause against its 24 law enforcement and public safety officers, employees, and 25 volunteers, whether elected or appointed, arising out of an 26 alleged act or omission occurring within the scope of such 27 a person’s employment or duties. The governing body may 28 purchase and maintain insurance or join a local government 29 risk pool for claims for punitive damages against its law 30 enforcement and public safety officers, employees, and persons 31 who do not receive compensation for their services for other 32 tort actions. This subsection does not waive a defense of 33 governmental immunity to any claim or action brought against a 34 law enforcement or public safety officer, employee, or a person 35 -1- S3049.1157 (2) 89 cm/jh 1/ 3 #1.

who does not receive compensation for their services. 1 2. By striking page 3, line 1, through page 6, line 5, and 2 inserting: 3 < Sec. ___. Section 80F.1, Code 2021, is amended by adding 4 the following new subsection: 5 NEW SUBSECTION . 2A. A formal administrative investigation, 6 informal inquiry, or interview under this chapter shall not be 7 conducted unless a complaint is filed within one hundred eighty 8 days after the alleged action occurred. 9 Sec. ___. Section 80F.1, subsections 13 and 19, Code 2021, 10 are amended to read as follows: 11 13. An officer shall have the right to pursue civil remedies 12 under the law against a citizen arising from the filing of a 13 false complaint against the officer In addition to any other 14 remedies available, an officer shall have the right to pursue 15 civil remedies under the law against any person, group of 16 persons, employer, organization, or corporation for damages 17 arising from the filing of a false complaint or any other 18 violation of this chapter including but not limited to actual 19 damages, court costs, and reasonable attorney fees . 20 19. If a formal administrative investigation results in 21 removal, discharge, suspension, or disciplinary action against 22 an officer, and the officer alleges in writing a violation of 23 the provisions of this section , the municipality, county, or 24 state agency employing the officer shall hold in abeyance for 25 a period of ten days any punitive action taken as a result of 26 the investigation, including a reprimand , until the conclusion 27 of any appeal or grievance exercised by the officer . An 28 allegation of a violation of this section may be raised and 29 given due consideration in any properly authorized grievance 30 or appeal exercised by an officer, including but not limited 31 to a grievance or appeal exercised pursuant to the terms of an 32 applicable collective bargaining agreement and an appeal right 33 exercised under section 341A.12 or 400.20 . > 34 3. Title page, lines 1 and 2, by striking < of law 35 -2- S3049.1157 (2) 89 cm/jh 2/ 3 #2.