Bill > HSB749

Introduced Session

Under current law, an employee of the state that is subject to a claim brought under Code chapter 669 (state tort claims) is not liable for monetary damages if the right, privilege, or immunity secured by law was not clearly established at the time of the alleged deprivation or at the time of the alleged deprivation the law was not sufficiently clear that every employee would have known the conduct violated the law, or a court issued a final decision holding that the conduct alleged to be unlawful conduct was consistent with the law. This bill provides that rights, privileges, or immunities secured by law include the rights, privileges, or immunities secured by the Constitution of the State of Iowa, statutes, and common law. The bill is a response to the supreme court of Iowa’s decisions in Montague v. Skinner, No. 24-1745 (Iowa 2026) and Estate of Kahn v. City of Clermont, 22 N.W.3d 252 (Iowa 2025). The court held in both cases that qualified immunity for state employees provided in Code section 669.14A does not apply to common law tort claims. The bill applies retroactively to claims brought on or after June 17, 2021, which is the original enactment date of Code section 669.14A.

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Other Sponsors (1)

House Judiciary Committee (10:30:00 2/19/2026 RM 103) (on 02/19/2026)

Official Document