Iowa SF 430: A bill for an act relating to the supplemental nutrition assistance program and workfare. (Formerly SSB 1108.)

Bill Text

Senate
File
430
-
Introduced

SENATE
FILE
430

BY
SWEENEY

A
BILL
FOR

An
Act
relating
to
restitution
to
the
state
from
certain
state
1

employees
who
commit
torts
within
the
scope
of
office
or
2

employment.
3

BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4

TLSB
2751XS
(2)
91

cm/jh

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