House Study Bill 211 - IntroducedA Bill ForAn Act 1relating to the Iowa municipal tort claims Act by
2limiting the personal liability of an employee unless that
3employee’s actions constitute willful and wanton misconduct.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 670.2, Code 2019, is amended by adding
2the following new subsection:
3   NEW SUBSECTION.  4.  An employee is not personally liable
4for a claim arising out of an act of the employee taken in
5execution or enforcement of any law unless the act constitutes
6willful and wanton misconduct.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
   10The Iowa municipal tort claims Act provides that every
11municipality is subject to liability for its torts and those of
12its officers and employees, acting within the scope of their
13employment or duties, whether arising out of a governmental or
14proprietary function. “Municipality” is defined as a city,
15township, school district, a Code chapter 28E entity “p”, and
16any other unit of local government except a soil and water
17conservation district. This bill provides that a person cannot
18bring a claim arising out of an act or omission of an employee
19of a municipality in the execution or enforcement of any law
20against an employee of the municipality in the employee’s
21personal capacity unless the employee’s act constitutes willful
22and wanton misconduct.
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