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Senate File 2121 - IntroducedA Bill ForAn Act 1relating to bonds and insurance policies for public
2officers.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 64.3 Insurance policy in lieu of
2bond.
31. In lieu of a bond, a public officer required to obtain a
4bond pursuant to this chapter may obtain an insurance policy in
5an amount not less than the amounts provided in section 64.8,
664.10, 64.13, or 64.15, as applicable.
72. An insurance policy obtained pursuant to this section
8must substantially comply with the conditions of section 64.2.
93. The reasonable expenses of an insurance policy obtained
10pursuant to this section in lieu of a bond, for which the
11reasonable expenses of such bond would be paid for by the
12county or township pursuant to section 64.11, 64.12, or 64.15,
13shall be paid by the county or township, as applicable.
144. The state of Iowa shall be the beneficiary of an
15insurance policy obtained pursuant to this section and the
16policy shall be for the use and benefit of any corporation,
17public or private, or person injured or sustaining loss, with
18a right of action in the name of the state for its or the
19corporation’s or person’s use.
205. An insurance policy obtained pursuant to this section
21shall be approved, filed, and recorded as provided in sections
2264.19 through 64.24.
23 Sec. 2. Section 64.25, Code 2024, is amended to read as
24follows:
2564.25 Failure to give bond.
261. Action by any officer in an official capacity without
27giving bond when such bond is required shall constitute grounds
28for removal from office may be suspended from office until the
29officer gives a bond in compliance with this chapter.
302. Failure to give a bond in compliance with this chapter
31after a reasonable time following a suspension from office
32pursuant to subsection 1 constitutes grounds for removal from
33office.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-1-1the explanation’s substance by the members of the general assembly.
2This bill relates to bonds and insurance policies for public
3officers. The bill allows a public officer that is required to
4obtain a bond pursuant to Code chapter 64 (official and private
5bonds) to instead obtain an insurance policy in an amount not
6less than the amount required of a bond for that officer.
7The bill requires that the terms of the insurance policy
8substantially comply with the terms required of an official
9bond. If the reasonable expenses of a bond would be paid for by
10a county or township, the bill requires the reasonable expenses
11of the insurance policy obtained in lieu of a bond to also be
12paid by that county or township. The state of Iowa shall be the
13beneficiary of an insurance policy obtained in lieu of a bond,
14and the bill requires the insurance policy to be approved,
15filed, and recorded in the same manner as a bond for a public
16officer.
17The bill changes the circumstances under which an officer
18can be removed from office for failure to give a bond. The bill
19allows an officer to be suspended from office after acting in
20an official capacity without giving a required bond until the
21officer gives an appropriate bond. If an officer who has been
22suspended from office for failure to give a bond does not give
23a bond after a reasonable time, the bill allows the officer to
24be removed from office.
-2-ss/ns
2officers.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 64.3 Insurance policy in lieu of
2bond.
31. In lieu of a bond, a public officer required to obtain a
4bond pursuant to this chapter may obtain an insurance policy in
5an amount not less than the amounts provided in section 64.8,
664.10, 64.13, or 64.15, as applicable.
72. An insurance policy obtained pursuant to this section
8must substantially comply with the conditions of section 64.2.
93. The reasonable expenses of an insurance policy obtained
10pursuant to this section in lieu of a bond, for which the
11reasonable expenses of such bond would be paid for by the
12county or township pursuant to section 64.11, 64.12, or 64.15,
13shall be paid by the county or township, as applicable.
144. The state of Iowa shall be the beneficiary of an
15insurance policy obtained pursuant to this section and the
16policy shall be for the use and benefit of any corporation,
17public or private, or person injured or sustaining loss, with
18a right of action in the name of the state for its or the
19corporation’s or person’s use.
205. An insurance policy obtained pursuant to this section
21shall be approved, filed, and recorded as provided in sections
2264.19 through 64.24.
23 Sec. 2. Section 64.25, Code 2024, is amended to read as
24follows:
2564.25 Failure to give bond.
261. Action by any officer in an official capacity without
27giving bond when such bond is required shall constitute grounds
28for removal from office may be suspended from office until the
29officer gives a bond in compliance with this chapter.
302. Failure to give a bond in compliance with this chapter
31after a reasonable time following a suspension from office
32pursuant to subsection 1 constitutes grounds for removal from
33office.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-1-1the explanation’s substance by the members of the general assembly.
2This bill relates to bonds and insurance policies for public
3officers. The bill allows a public officer that is required to
4obtain a bond pursuant to Code chapter 64 (official and private
5bonds) to instead obtain an insurance policy in an amount not
6less than the amount required of a bond for that officer.
7The bill requires that the terms of the insurance policy
8substantially comply with the terms required of an official
9bond. If the reasonable expenses of a bond would be paid for by
10a county or township, the bill requires the reasonable expenses
11of the insurance policy obtained in lieu of a bond to also be
12paid by that county or township. The state of Iowa shall be the
13beneficiary of an insurance policy obtained in lieu of a bond,
14and the bill requires the insurance policy to be approved,
15filed, and recorded in the same manner as a bond for a public
16officer.
17The bill changes the circumstances under which an officer
18can be removed from office for failure to give a bond. The bill
19allows an officer to be suspended from office after acting in
20an official capacity without giving a required bond until the
21officer gives an appropriate bond. If an officer who has been
22suspended from office for failure to give a bond does not give
23a bond after a reasonable time, the bill allows the officer to
24be removed from office.
-2-ss/ns