House
Study
Bill
229
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
APPROPRIATIONS
BILL
BY
CHAIRPERSON
MOHR)
A
BILL
FOR
An
Act
relating
to
reimbursement
to
the
state
treasury
by
1
institutions
of
higher
learning
governed
by
the
state
board
2
of
regents
for
certain
state
tort
claims,
and
including
3
retroactive
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
2532YC
(4)
90
cm/ns
H.F.
_____
Section
1.
Section
669.11,
Code
2023,
is
amended
to
read
as
1
follows:
2
669.11
Payment
of
award.
3
1.
Any
award
to
a
claimant
under
this
chapter
,
and
any
4
judgment
in
favor
of
any
claimant
under
this
chapter
,
shall
be
5
paid
promptly
out
of
appropriations
which
have
been
made
for
6
that
purpose,
if
any;
but
any
such
amount
or
part
thereof
which
7
cannot
be
paid
promptly
from
such
appropriations
shall
be
paid
8
promptly
out
of
any
moneys
in
the
state
treasury
not
otherwise
9
appropriated.
Payment
shall
be
made
only
upon
receipt
of
a
10
written
release
by
the
claimant
in
a
form
approved
by
the
11
attorney
general.
12
2.
a.
Following
a
payment
to
a
claimant
out
of
moneys
in
13
the
state
treasury
not
otherwise
appropriated
for
that
specific
14
purpose,
as
described
in
subsection
1,
for
an
award
or
judgment
15
on
a
claim
relating
to
the
conduct
or
actions
of
an
employee
16
of
an
athletic
department
of
an
institution
of
higher
learning
17
governed
by
the
state
board
of
regents,
the
institution
shall
18
reimburse
the
state
treasury
the
amount
of
the
payment
on
or
19
before
June
30
of
the
fiscal
year
immediately
succeeding
the
20
fiscal
year
in
which
the
payment
is
made.
21
b.
Moneys
used
by
an
institution
to
reimburse
the
state
22
treasury
under
this
subsection
shall
not
include
moneys
23
received
by
the
institution
or
the
state
board
of
regents
from
24
the
state
unless
such
moneys
are
appropriated
to
the
entity
for
25
that
specific
purpose.
26
Sec.
2.
RETROACTIVE
APPLICABILITY.
This
Act
applies
27
retroactively
to
payments
on
claims
relating
to
the
conduct
28
or
actions
of
an
employee
of
an
athletic
department
of
an
29
institution
of
higher
learning
governed
by
the
state
board
of
30
regents
made
under
section
669.11
on
or
after
January
1,
2023.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
Under
current
law,
awards
to
or
judgments
in
favor
of
35
-1-
LSB
2532YC
(4)
90
cm/ns
1/
2
H.F.
_____
claimants
under
Code
chapter
669
(Iowa
tort
claims
Act)
1
are
required
to
be
paid
promptly
out
of
appropriations
made
2
for
that
purpose,
if
any.
If
the
general
assembly
did
not
3
appropriate
moneys
for
that
purpose,
or
if
the
appropriations
4
are
insufficient,
payment
must
be
made
from
moneys
in
the
state
5
treasury
not
otherwise
appropriated.
6
For
an
award
or
judgment
on
a
claim
relating
to
the
conduct
7
or
actions
of
an
employee
of
an
athletic
department
of
an
8
institution
of
higher
learning
governed
by
the
state
board
of
9
regents,
that
was
paid
from
moneys
in
the
state
treasury
not
10
otherwise
appropriated
for
that
specific
purpose
as
described
11
under
current
law,
this
bill
requires
the
institution
to
12
reimburse
the
state
treasury
the
amount
of
the
payment
on
or
13
before
June
30
of
the
fiscal
year
immediately
succeeding
the
14
fiscal
year
in
which
the
payment
is
made.
15
The
bill
prohibits
moneys
used
by
an
institution
to
16
reimburse
the
state
treasury
under
the
bill
from
including
17
moneys
received
by
the
institution
or
the
state
board
of
18
regents
from
the
state
unless
such
moneys
are
appropriated
to
19
the
entity
for
that
specific
purpose.
20
The
bill
applies
retroactively
to
such
payments
made
on
or
21
after
January
1,
2023.
22
-2-
LSB
2532YC
(4)
90
cm/ns
2/
2