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IA SF430
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.
summary
Introduced
02/25/2025
02/25/2025
In Committee
02/25/2025
02/25/2025
Crossed Over
Passed
Dead
Introduced Session
91st General Assembly
Bill Summary
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.
AI Summary
This bill modifies the Iowa tort claims Act by establishing a mandatory requirement for the state to pursue restitution from state employees under specific circumstances. Currently, the state generally indemnifies and protects state employees from liability for damages caused by negligence or wrongful acts while performing their official duties. However, this bill mandates that if an employee fails to cooperate in investigating a claim or if a state-initiated legal action determines that the employee's conduct involved willful and wanton actions or malfeasance in office, the state must seek restitution from that employee. Specifically, the bill requires the state to initiate a restitution action in any case where there is a reasonable belief that such an action is justified. This change aims to hold state employees more accountable for misconduct or non-cooperation during tort claims investigations by ensuring the state will actively pursue recovery of damages in appropriate situations.
Committee Categories
Justice
Sponsors (1)
Last Action
Subcommittee recommends passage. (on 03/06/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=SF430 |
| BillText | https://www.legis.iowa.gov/docs/publications/LGI/91/attachments/SF430.html |
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