Senate
File
2121
-
Introduced
SENATE
FILE
2121
BY
ROWLEY
A
BILL
FOR
An
Act
relating
to
bonds
and
insurance
policies
for
public
1
officers.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5891XS
(1)
90
ss/ns
S.F.
2121
Section
1.
NEW
SECTION
.
64.3
Insurance
policy
in
lieu
of
1
bond.
2
1.
In
lieu
of
a
bond,
a
public
officer
required
to
obtain
a
3
bond
pursuant
to
this
chapter
may
obtain
an
insurance
policy
in
4
an
amount
not
less
than
the
amounts
provided
in
section
64.8,
5
64.10,
64.13,
or
64.15,
as
applicable.
6
2.
An
insurance
policy
obtained
pursuant
to
this
section
7
must
substantially
comply
with
the
conditions
of
section
64.2.
8
3.
The
reasonable
expenses
of
an
insurance
policy
obtained
9
pursuant
to
this
section
in
lieu
of
a
bond,
for
which
the
10
reasonable
expenses
of
such
bond
would
be
paid
for
by
the
11
county
or
township
pursuant
to
section
64.11,
64.12,
or
64.15,
12
shall
be
paid
by
the
county
or
township,
as
applicable.
13
4.
The
state
of
Iowa
shall
be
the
beneficiary
of
an
14
insurance
policy
obtained
pursuant
to
this
section
and
the
15
policy
shall
be
for
the
use
and
benefit
of
any
corporation,
16
public
or
private,
or
person
injured
or
sustaining
loss,
with
17
a
right
of
action
in
the
name
of
the
state
for
its
or
the
18
corporation’s
or
person’s
use.
19
5.
An
insurance
policy
obtained
pursuant
to
this
section
20
shall
be
approved,
filed,
and
recorded
as
provided
in
sections
21
64.19
through
64.24.
22
Sec.
2.
Section
64.25,
Code
2024,
is
amended
to
read
as
23
follows:
24
64.25
Failure
to
give
bond.
25
1.
Action
by
any
officer
in
an
official
capacity
without
26
giving
bond
when
such
bond
is
required
shall
constitute
grounds
27
for
removal
from
office
may
be
suspended
from
office
until
the
28
officer
gives
a
bond
in
compliance
with
this
chapter
.
29
2.
Failure
to
give
a
bond
in
compliance
with
this
chapter
30
after
a
reasonable
time
following
a
suspension
from
office
31
pursuant
to
subsection
1
constitutes
grounds
for
removal
from
32
office.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
35
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5891XS
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ss/ns
1/
2
S.F.
2121
the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
relates
to
bonds
and
insurance
policies
for
public
2
officers.
The
bill
allows
a
public
officer
that
is
required
to
3
obtain
a
bond
pursuant
to
Code
chapter
64
(official
and
private
4
bonds)
to
instead
obtain
an
insurance
policy
in
an
amount
not
5
less
than
the
amount
required
of
a
bond
for
that
officer.
6
The
bill
requires
that
the
terms
of
the
insurance
policy
7
substantially
comply
with
the
terms
required
of
an
official
8
bond.
If
the
reasonable
expenses
of
a
bond
would
be
paid
for
by
9
a
county
or
township,
the
bill
requires
the
reasonable
expenses
10
of
the
insurance
policy
obtained
in
lieu
of
a
bond
to
also
be
11
paid
by
that
county
or
township.
The
state
of
Iowa
shall
be
the
12
beneficiary
of
an
insurance
policy
obtained
in
lieu
of
a
bond,
13
and
the
bill
requires
the
insurance
policy
to
be
approved,
14
filed,
and
recorded
in
the
same
manner
as
a
bond
for
a
public
15
officer.
16
The
bill
changes
the
circumstances
under
which
an
officer
17
can
be
removed
from
office
for
failure
to
give
a
bond.
The
bill
18
allows
an
officer
to
be
suspended
from
office
after
acting
in
19
an
official
capacity
without
giving
a
required
bond
until
the
20
officer
gives
an
appropriate
bond.
If
an
officer
who
has
been
21
suspended
from
office
for
failure
to
give
a
bond
does
not
give
22
a
bond
after
a
reasonable
time,
the
bill
allows
the
officer
to
23
be
removed
from
office.
24
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5891XS
(1)
90
ss/ns
2/
2