669.2 Definitions. As used in this chapter, unless the context otherwise requires:1. 'Acting within the scope of the employee’s office or employment' means acting in the employee’s line of duty as an employee of the state. 2. 'Award' means any amount determined by the attorney general to be payable to a claimant under section 669.3, and the amount of any compromise or settlement under section669.9. 3. 'Claim' means:a. Any claim against the state of Iowa for money only, on account of damage to or loss of property or on account of personal injury or death, caused by the negligent or wrongful act oromission of any employee of the state while acting within the scope of the employee’s officeor employment, under circumstances where the state, if a private person, would be liable tothe claimant for such damage, loss, injury, or death. b. Any claim against an employee of the state for money only, on account of damage to or loss of property or on account of personal injury or death, caused by the negligent or wrongfulact or omission of any employee of the state while acting within the scope of the employee’soffice or employment. 4. a. y or on account of personal injury or death, caused by the negligent or wrongfulact or omission of any employee of the state while acting within the scope of the employee’soffice or employment. 4. a. 'Employee of the state' includes any one or more officers, agents, or employees of the state or any state agency, including members of the general assembly, and persons actingon behalf of the state or any state agency in any official capacity, temporarily or permanentlyin the service of the state of Iowa, whether with or without compensation, but does notinclude a contractor doing business with the state. Professional personnel, including physicians, osteopathic physicians and surgeons, osteopathic physicians, optometrists,dentists, nurses, physician assistants, and other medical personnel, who render services topatients or inmates of state institutions under the jurisdiction of the department of healthand human services or the Iowa department of corrections, and employees of the departmentof veterans affairs, are to be considered employees of the state, whether the personnel areemployed on a full-time basis or render services on a part-time basis on a fee scheduleor other he departmentof veterans affairs, are to be considered employees of the state, whether the personnel areemployed on a full-time basis or render services on a part-time basis on a fee scheduleor other arrangement. Criminal defendants while performing unpaid community serviceordered by the district court, board of parole, or judicial district department of correctionalservices, or an inmate providing services pursuant to a chapter 28E agreement entered intopursuant to section 904.703, and persons supervising those inmates under and accordingto the terms of the chapter 28E agreement, are to be considered employees of the state.Members of the Iowa national guard performing duties in a requesting state pursuant tosection 29C.21 are to be considered employees of the state solely for the purpose of claimsarising out of those duties in the event that the requesting state’s tort claims coverage doesnot extend to such members of the Iowa national guard or is less than that provided underIowa law. b. 'Employee of the state' also includes an individual performing unpaid community service under an order of the district court pursuant to section 598.23A. c. less than that provided underIowa law. b. 'Employee of the state' also includes an individual performing unpaid community service under an order of the district court pursuant to section 598.23A. c. 'Employee of the state' also includes an architect licensed pursuant to chapter 544A or a professional engineer licensed pursuant to chapter 542B who voluntarily and withoutcompensation provides initial structural or building systems inspection services for thepurposes of determining human occupancy at the scene of a disaster as defined in section29C.2, subsection 4. To be considered an employee of the state, the architect or engineer shallbe acting at the request and under the direction of the commissioner of public safety and incoordination with the local emergency management commission established under chapter29C. For purposes of this paragraph, 'compensation' does not include reimbursement forexpenses. 5. 'State agency' includes all executive departments, agencies, boards, bureaus, and commissions of the state of Iowa, and corporations whose primary function is to act as, andwhile acting as, instrumentalities or agencies of the state of Iowa, whether or not authorizedto sue and and commissions of the state of Iowa, and corporations whose primary function is to act as, andwhile acting as, instrumentalities or agencies of the state of Iowa, whether or not authorizedto sue and be sued in their own names. This definition does not include a contractor with thestate of Iowa. Soil and water conservation districts as defined in section 161A.3, subsection Sat Dec 23 12:24:13 2023 Iowa Code 2024, Section 669.2 (24, 1) §669.2, STATE TORT CLAIMS 2 6, and judicial district departments of correctional services as established in section 905.2are state agencies for purposes of this chapter. 6. 'State appeal board' means the state appeal board as defined in section 73A.1.[C66, 71, 73, 75, 77, 79, 81, §25A.2]83 Acts, ch 96, §56, 159; 84 Acts, ch 1259, §1; 86 Acts, ch 1172, §1; 87 Acts, ch 23, §1; 89 Acts, ch 83, §13; 90 Acts, ch 1251, §2 C93, §669.293 Acts, ch 48, §53; 94 Acts, ch 1171, §51; 96 Acts, ch 1165, §1; 97 Acts, ch 33, §12, 15; 98 Acts, ch 1086, §1; 2001 Acts, ch 158, §37; 2005 Acts, ch 115, §36, 40; 2006 Acts, ch 1185, §104;2011 Acts, ch 47, §11; 2011 Acts, ch 132, §64, 106; 2014 Acts, ch 1028, §1; 2015 Acts, ch 30,§191; 2017 Acts, ch 131, §7; 2023 Acts, ch 19, , §37; 2005 Acts, ch 115, §36, 40; 2006 Acts, ch 1185, §104;2011 Acts, ch 47, §11; 2011 Acts, ch 132, §64, 106; 2014 Acts, ch 1028, §1; 2015 Acts, ch 30,§191; 2017 Acts, ch 131, §7; 2023 Acts, ch 19, §1287 Referred to in §25.1, 80.9A, 135C.30, 203.12B, 203C.3, 203C.4, 669.21Subsection 4, paragraph a amended Sat Dec 23 12:24:13 2023 Iowa Code 2024, Section 669.2 (24, 1)
Iowa Legal Code