S.F. _____ H.F. _____ Section 1. NEW SECTION . 272.6 Immunities. 1 1. A person shall not be civilly liable as a result of 2 the person’s acts, omissions, or decisions in good faith as a 3 member of the board or as an employee or agent in connection 4 with the person’s duties. 5 2. A person shall not be civilly liable as a result 6 of filing a report or complaint with the board or for the 7 disclosure to the board or its agents or employees, whether or 8 not pursuant to a subpoena of records, documents, testimony, or 9 other forms of information in connection with proceedings of 10 the board. However, such immunity from civil liability shall 11 not apply if such an act is done with malice. 12 3. A person shall not be dismissed from employment or 13 discriminated against by an employer for doing any of the 14 following: 15 a. Filing a complaint with the board. 16 b. Participating as a member, agent, or employee of the 17 board. 18 c. Presenting testimony or other evidence to the board. 19 4. An employer who violates this section shall be liable to 20 a person aggrieved by such violation for actual and punitive 21 damages plus reasonable attorney fees. 22 EXPLANATION 23 This bill provides that a person shall not be civilly liable 24 for their actions in good faith as a member, employee, or agent 25 of the board of educational examiners. Pursuant to the bill, a 26 person shall not be civilly liable, as long as they do not act 27 with malice, for filing a report or complaint with the board or 28 disclosing to the board various forms of information. The bill 29 provides that a person shall not be dismissed or discriminated 30 against by an employer for their involvement with the board. 31 The bill also provides that an employer who violates the terms 32 of the bill shall be liable to the aggrieved person for actual 33 and punitive damages plus reasonable attorney fees. 34 -1- LSB 1330DP (6) 84 je/nh 1/ 1