SF 430 (LSB 2751XS (2) 91)

SENATE FILE 430

BY  SWEENEY

A BILL FOR

An Act relating to restitution to the state from certain state employees who commit torts within the scope of office or employment.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 669.21, subsection 2, paragraph a, Code 2025, is amended to read as follows:
   a.  The duty to indemnify and hold harmless Subsection 1 shall not apply and the state shall be entitled to restitution from an employee if the employee fails to cooperate in the investigation or defense of the claim, as defined in this section, or if, in an action commenced by the state against the employee, it is determined that the conduct of the employee upon which a tort claim or demand was based constituted a willful and wanton act or omission or malfeasance in office.  The state shall commence an action for restitution in every case in which there is a reasonable belief that the action for restitution is warranted.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to restitution to the state from certain state employees who commit torts within the scope of office or employment.
   Under the Iowa tort claims Act, the state is generally required to indemnify and hold harmless a state employee who, by negligence or wrongful act or omission, caused damages while acting within the scope of the employee’s office or employment. This requirement to indemnify and hold harmless does not apply if the employee fails to cooperate in the investigation or defense of the claim, or if, in an action commenced by the state against the employee, it is determined that the conduct of the employee upon which a tort claim or demand was based constituted a willful and wanton act or omission or malfeasance in office. In these cases, the state is entitled to restitution from the employee. The bill requires the state to commence an action for restitution in every case in which there is a reasonable belief that the action for restitution is warranted.