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Bill > HF2459
IA HF2459
IA HF2459A bill for an act relating to liability of persons performing housing or rental inspections for a municipality.
summary
Introduced
02/16/2026
02/16/2026
In Committee
02/16/2026
02/16/2026
Crossed Over
Passed
Dead
Introduced Session
91st General Assembly
Bill Summary
This bill modifies the definition of “employee” for purposes of Code chapter 670 (tort liability of governmental subdivisions) to include a person performing a housing or rental inspection for a municipality. Under Code chapter 670, a municipality is liable for the torts of the municipality’s officers and employees acting within the scope of their employment or duties, whether arising out of a governmental or proprietary function. An employee subject to a claim brought under Code chapter 670 has qualified immunity and is not liable for monetary damages if certain circumstances apply, including when the right allegedly violated was not clearly established at the time of the employee’s conduct or when a court has issued a final decision determining that the specific conduct was lawful. An employee is also not personally liable for claims exempted under Code section 670.4 (claims exempted), except claims for punitive damages and actions permitted under Code section 85.20 (rights of employee exclusive). However, an employee is not liable for punitive damages for acts that are in the performance of a duty, unless actual malice or willful, wanton, and reckless misconduct is proven.
AI Summary
This bill expands the definition of "employee" under Iowa Code chapter 670, which governs the liability of governmental subdivisions like municipalities, to explicitly include individuals conducting housing or rental inspections for a municipality. This means that municipalities can be held responsible for the actions of these inspectors, similar to how they are for their other employees, when those actions occur within the scope of their duties. Importantly, this bill also clarifies that these inspectors, like other municipal employees, are generally protected by qualified immunity, meaning they are not personally liable for monetary damages if their actions did not violate clearly established rights or if a court has already deemed their conduct lawful, with exceptions for proven actual malice or willful, wanton, and reckless misconduct, particularly concerning punitive damages.
Committee Categories
Government Affairs
Sponsors (1)
Last Action
Introduced, referred to Local Government. H.J. 292. (on 02/16/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=HF2459 |
| BillText | https://www.legis.iowa.gov/docs/publications/LGI/91/attachments/HF2459.html |
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