Read the full stored bill text
Senate
File
430
-
Introduced
SENATE
FILE
430
BY
SWEENEY
A
BILL
FOR
An
Act
relating
to
restitution
to
the
state
from
certain
state
1
employees
who
commit
torts
within
the
scope
of
office
or
2
employment.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2751XS
(2)
91
cm/jh
S.F.
430
Section
1.
Section
669.21,
subsection
2,
paragraph
a,
Code
1
2025,
is
amended
to
read
as
follows:
2
a.
The
duty
to
indemnify
and
hold
harmless
Subsection
1
3
shall
not
apply
and
the
state
shall
be
entitled
to
restitution
4
from
an
employee
if
the
employee
fails
to
cooperate
in
the
5
investigation
or
defense
of
the
claim,
as
defined
in
this
6
section
,
or
if,
in
an
action
commenced
by
the
state
against
the
7
employee,
it
is
determined
that
the
conduct
of
the
employee
8
upon
which
a
tort
claim
or
demand
was
based
constituted
a
9
willful
and
wanton
act
or
omission
or
malfeasance
in
office.
10
The
state
shall
commence
an
action
for
restitution
in
every
11
case
in
which
there
is
a
reasonable
belief
that
the
action
for
12
restitution
is
warranted.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
relates
to
restitution
to
the
state
from
certain
17
state
employees
who
commit
torts
within
the
scope
of
office
or
18
employment.
19
Under
the
Iowa
tort
claims
Act,
the
state
is
generally
20
required
to
indemnify
and
hold
harmless
a
state
employee
who,
21
by
negligence
or
wrongful
act
or
omission,
caused
damages
while
22
acting
within
the
scope
of
the
employee’s
office
or
employment.
23
This
requirement
to
indemnify
and
hold
harmless
does
not
24
apply
if
the
employee
fails
to
cooperate
in
the
investigation
25
or
defense
of
the
claim,
or
if,
in
an
action
commenced
by
26
the
state
against
the
employee,
it
is
determined
that
the
27
conduct
of
the
employee
upon
which
a
tort
claim
or
demand
was
28
based
constituted
a
willful
and
wanton
act
or
omission
or
29
malfeasance
in
office.
In
these
cases,
the
state
is
entitled
30
to
restitution
from
the
employee.
The
bill
requires
the
state
31
to
commence
an
action
for
restitution
in
every
case
in
which
32
there
is
a
reasonable
belief
that
the
action
for
restitution
33
is
warranted.
34
-1-
LSB
2751XS
(2)
91
cm/jh
1/
1