H.F. 2459 Section 1. Section 670.2, subsection 2, Code 2026, is 1 amended to read as follows: 2 2. For the purposes of this chapter , “employee” includes a 3 person who performs services for a municipality whether or not 4 the person is compensated for the services, including a person 5 performing a housing or rental inspection for a municipality, 6 unless the services are performed only as an incident to the 7 person’s attendance at a municipality function. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill modifies the definition of “employee” for 12 purposes of Code chapter 670 (tort liability of governmental 13 subdivisions) to include a person performing a housing or 14 rental inspection for a municipality. Under Code chapter 670, 15 a municipality is liable for the torts of the municipality’s 16 officers and employees acting within the scope of their 17 employment or duties, whether arising out of a governmental or 18 proprietary function. An employee subject to a claim brought 19 under Code chapter 670 has qualified immunity and is not liable 20 for monetary damages if certain circumstances apply, including 21 when the right allegedly violated was not clearly established 22 at the time of the employee’s conduct or when a court has 23 issued a final decision determining that the specific conduct 24 was lawful. An employee is also not personally liable for 25 claims exempted under Code section 670.4 (claims exempted), 26 except claims for punitive damages and actions permitted under 27 Code section 85.20 (rights of employee exclusive). However, an 28 employee is not liable for punitive damages for acts that are 29 in the performance of a duty, unless actual malice or willful, 30 wanton, and reckless misconduct is proven. 31 -1- LSB 5955YH (2) 91 lh/jh 1/ 1