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