House Study Bill 211 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act relating to the Iowa municipal tort claims Act by 1 limiting the personal liability of an employee unless that 2 employee’s actions constitute willful and wanton misconduct. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2467YC (3) 88 asf/jh

H.F. _____ Section 1. Section 670.2, Code 2019, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 4. An employee is not personally liable 3 for a claim arising out of an act of the employee taken in 4 execution or enforcement of any law unless the act constitutes 5 willful and wanton misconduct. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 The Iowa municipal tort claims Act provides that every 10 municipality is subject to liability for its torts and those of 11 its officers and employees, acting within the scope of their 12 employment or duties, whether arising out of a governmental or 13 proprietary function. “Municipality” is defined as a city, 14 township, school district, a Code chapter 28E entity “p”, and 15 any other unit of local government except a soil and water 16 conservation district. This bill provides that a person cannot 17 bring a claim arising out of an act or omission of an employee 18 of a municipality in the execution or enforcement of any law 19 against an employee of the municipality in the employee’s 20 personal capacity unless the employee’s act constitutes willful 21 and wanton misconduct. 22 -1- LSB 2467YC (3) 88 asf/jh 1/ 1