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Senate Study Bill 1068 - IntroducedA Bill ForAn Act 1relating to state employee defense and indemnification
2from certain claims and actions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 669.21, subsection 1, Code 2019, is
2amended to read as follows:
31. Except as otherwise provided in subsection 2, the
4state shall defend any employee, and shall indemnify and hold
5harmless an employee against any claim as defined in section
6669.2, subsection 3, paragraph “b”, including claims arising
7under the Constitution, statutes, or rules of the United States
8or of any state.
9 Sec. 2. Section 669.22, Code 2019, is amended to read as
10follows:
11669.22 Actions in federal court Employees defended and
12indemnified — other actions.
13The state shall defend any employee, and shall indemnify and
14hold harmless an employee of the state in any action arising
15under the Constitution, statutes, or rules of the United States
16or of any state, including actions commenced in federal court
17under 42 U.S.C. §1983 against the employee for acts of the
18employee while acting in the scope of employment. The duty to
19indemnify and hold harmless shall not apply and the state shall
20be entitled to restitution from an employee if the employee
21fails to cooperate in the investigation or defense of the claim
22or demand, or if, in an action commenced by the state against
23the employee, it is determined that the conduct of the employee
24upon which the claim or demand was based constituted a willful
25and wanton act or omission or malfeasance in office.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29Code sections 669.21 and 669.22 provide that the state
30shall defend any state employee, and hold harmless any state
31employee, for certain claims and actions.
32Code section 669.21, which provides that the state will
33provide for the defense and indemnification of state employees
34for claims as defined by Code chapter 669, including claims
35arising under the Constitution, statutes, or rules of the
-1-1United States or of any state, is amended by striking the
2phrase that includes claims arising under the Constitution,
3statutes or rules of the United States, or of any state. Code
4section 669.22, which provides that the state will provide for
5the defense and indemnification of state employees for actions
6commenced in federal court arising under 42 U.S.C. §1983, is
7amended to also provide for the defense and indemnification of
8state employees for actions arising under the Constitution,
9statutes, or rules of the United States or of any state.
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2from certain claims and actions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 669.21, subsection 1, Code 2019, is
2amended to read as follows:
31. Except as otherwise provided in subsection 2, the
4state shall defend any employee, and shall indemnify and hold
5harmless an employee against any claim as defined in section
6669.2, subsection 3, paragraph “b”, including claims arising
7under the Constitution, statutes, or rules of the United States
8or of any state.
9 Sec. 2. Section 669.22, Code 2019, is amended to read as
10follows:
11669.22 Actions in federal court Employees defended and
12indemnified — other actions.
13The state shall defend any employee, and shall indemnify and
14hold harmless an employee of the state in any action arising
15under the Constitution, statutes, or rules of the United States
16or of any state, including actions commenced in federal court
17under 42 U.S.C. §1983 against the employee for acts of the
18employee while acting in the scope of employment. The duty to
19indemnify and hold harmless shall not apply and the state shall
20be entitled to restitution from an employee if the employee
21fails to cooperate in the investigation or defense of the claim
22or demand, or if, in an action commenced by the state against
23the employee, it is determined that the conduct of the employee
24upon which the claim or demand was based constituted a willful
25and wanton act or omission or malfeasance in office.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29Code sections 669.21 and 669.22 provide that the state
30shall defend any state employee, and hold harmless any state
31employee, for certain claims and actions.
32Code section 669.21, which provides that the state will
33provide for the defense and indemnification of state employees
34for claims as defined by Code chapter 669, including claims
35arising under the Constitution, statutes, or rules of the
-1-1United States or of any state, is amended by striking the
2phrase that includes claims arising under the Constitution,
3statutes or rules of the United States, or of any state. Code
4section 669.22, which provides that the state will provide for
5the defense and indemnification of state employees for actions
6commenced in federal court arising under 42 U.S.C. §1983, is
7amended to also provide for the defense and indemnification of
8state employees for actions arising under the Constitution,
9statutes, or rules of the United States or of any state.
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