Senate File 2121 S-5131 Amend Senate File 2121 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 63.11, Code 2024, is amended to read as 4 follows: 5 63.11 Oath on bond. 6 Every Except a secretary and treasurer under chapter 291, 7 every civil officer who is required to give bond shall take and 8 subscribe the oath provided for in section 63.10 , on the back 9 of the bond, or on a paper attached thereto, to be certified by 10 the officer administering it. 11 Sec. 2. NEW SECTION . 64.3 Insurance policy in lieu of bond. 12 1. In lieu of a bond, a public officer required to obtain a 13 bond pursuant to this chapter may obtain an insurance policy in 14 an amount not less than the amounts provided in section 64.8, 15 64.10, 64.13, or 64.15, as applicable. 16 2. An insurance policy obtained pursuant to this section 17 must substantially comply with the conditions of section 64.2. 18 3. The reasonable expenses of an insurance policy obtained 19 pursuant to this section in lieu of a bond, for which the 20 reasonable expenses of such bond would be paid for by the 21 county or township pursuant to section 64.11, 64.12, or 64.15, 22 shall be paid by the county or township, as applicable. 23 4. The state of Iowa shall be the beneficiary of an 24 insurance policy obtained pursuant to this section and the 25 policy shall be for the use and benefit of any corporation, 26 public or private, or person injured or sustaining loss, with 27 a right of action in the name of the state for its or the 28 corporation’s or person’s use. 29 5. An insurance policy obtained pursuant to this section 30 shall be approved, filed, and recorded as provided in sections 31 64.19 through 64.24. 32 Sec. 3. Section 64.25, Code 2024, is amended to read as 33 follows: 34 64.25 Failure to give bond. 35 -1- SF 2121.4079 (2) 90 amending this SF 2121 to CONFORM to HF 2398 ss/ns 1/ 4 #1.
1. Action by any officer in an official capacity without 1 giving bond when such bond is required shall constitute grounds 2 for removal from office may be suspended from office until the 3 officer gives a bond in compliance with this chapter . 4 2. Failure to give a bond in compliance with this chapter 5 after a reasonable time following a suspension from office 6 pursuant to subsection 1 constitutes grounds for removal from 7 office. 8 Sec. 4. Section 260C.12, subsection 1, Code 2024, is amended 9 to read as follows: 10 1. The board of directors of the merged area shall organize 11 at the first regular meeting following the regular school 12 election or at a special meeting called by the secretary of the 13 board to organize the board in advance of the first regular 14 meeting after the canvass for the regular school election. 15 Organization of the board shall be effected by the election 16 of a president and other officers from the board membership 17 as board members determine. The board of directors shall 18 appoint a secretary and a treasurer who shall each give bond 19 or be covered by an insurance policy as prescribed in section 20 291.2 and who shall each receive the salary determined by 21 the board. The secretary and treasurer shall perform duties 22 under chapter 291 and additional duties the board of directors 23 deems necessary. However, the board may appoint one person to 24 serve as the secretary and treasurer. If one person serves 25 as the secretary and treasurer, only one bond or insurance 26 policy is necessary for that person. The frequency of meetings 27 other than organizational meetings shall be as determined by 28 the board of directors but the president or a majority of the 29 members may call a special meeting at any time. 30 Sec. 5. Section 279.3, subsection 2, Code 2024, is amended 31 to read as follows: 32 2. These officers shall be appointed from outside the 33 membership of the board and the appointment and qualification 34 shall be entered of record in the minutes of the secretary. 35 -2- SF 2121.4079 (2) 90 amending this SF 2121 to CONFORM to HF 2398 ss/ns 2/ 4
They shall qualify within ten days following appointment by 1 taking the oath of office in the manner required by section 2 277.28 and filing a bond or obtaining an insurance policy as 3 required by section 291.2 and shall hold office until their 4 successors are appointed and qualified. 5 Sec. 6. Section 291.2, Code 2024, is amended to read as 6 follows: 7 291.2 Bonds or insurance of secretary and treasurer. 8 The secretary and treasurer, within ten days after 9 appointment and before entering upon the duties of the office, 10 shall execute to the school corporation a surety bond , or shall 11 be covered by an insurance policy, in an amount sufficient 12 to cover current operations as determined by the board. All 13 such bonds or insurance policies shall be continued to the 14 faithful discharge of the duties of the office. The amount and 15 sufficiency of all surety bonds or insurance policies shall be 16 determined and approved by the board and shall be filed with 17 the president. The cost of the surety bond or insurance policy 18 shall be paid by the school corporation. If a single person 19 serves as secretary and treasurer, pursuant to section 279.3 20 or 260C.12 , only one bond or insurance policy is necessary for 21 that person. The secretary and treasurer may give bond under 22 a single bond , or be covered by an insurance policy, covering 23 other employees of the district. 24 Sec. 7. Section 291.3, Code 2024, is amended to read as 25 follows: 26 291.3 Cost of bond or insurance policy . 27 If the bond or insurance policy of an association or 28 corporation as surety or insurance is furnished, the reasonable 29 cost of such bond or insurance policy may be paid by the school 30 corporation. 31 Sec. 8. Section 291.4, Code 2024, is amended to read as 32 follows: 33 291.4 Oath. 34 Each The secretary and treasurer shall take the oath 35 -3- SF 2121.4079 (2) 90 amending this SF 2121 to CONFORM to HF 2398 ss/ns 3/ 4
required of civil officers , which shall be endorsed upon the 1 bond, and shall complete the qualification within ten days. 2 Sec. 9. Section 291.5, Code 2024, is amended to read as 3 follows: 4 291.5 Action on bond or insurance policy . 5 In case of a breach of the bond or insurance policy , the 6 president shall bring action thereon in the name of the school 7 corporation. > 8 ______________________________ SCOTT WEBSTER -4- SF 2121.4079 (2) 90 amending this SF 2121 to CONFORM to HF 2398 ss/ns 4/ 4