Bill Text: IA HF2398 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act relating to bonds and insurance policies for public officers. (Formerly HSB 597.) Effective date: 07/01/2024.
Spectrum: Committee Bill
Status: (Passed) 2024-04-19 - Signed by Governor. H.J. 927. [HF2398 Detail]
Download: Iowa-2023-HF2398-Enrolled.html
House
File
2398
-
Enrolled
House
File
2398
AN
ACT
RELATING
TO
BONDS
AND
INSURANCE
POLICIES
FOR
PUBLIC
OFFICERS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
63.11,
Code
2024,
is
amended
to
read
as
follows:
63.11
Oath
on
bond.
Every
Except
a
secretary
and
treasurer
under
chapter
291,
every
civil
officer
who
is
required
to
give
bond
shall
take
and
subscribe
the
oath
provided
for
in
section
63.10
,
on
the
back
of
the
bond,
or
on
a
paper
attached
thereto,
to
be
certified
by
the
officer
administering
it.
Sec.
2.
NEW
SECTION
.
64.3
Insurance
policy
in
lieu
of
bond.
1.
In
lieu
of
a
bond,
a
public
officer
required
to
obtain
a
bond
pursuant
to
this
chapter
may
obtain
an
insurance
policy
in
an
amount
not
less
than
the
amounts
provided
in
section
64.8,
64.10,
64.13,
or
64.15,
as
applicable.
2.
An
insurance
policy
obtained
pursuant
to
this
section
must
substantially
comply
with
the
conditions
of
section
64.2.
House
File
2398,
p.
2
3.
The
reasonable
expenses
of
an
insurance
policy
obtained
pursuant
to
this
section
in
lieu
of
a
bond,
for
which
the
reasonable
expenses
of
such
bond
would
be
paid
for
by
the
county
or
township
pursuant
to
section
64.11,
64.12,
or
64.15,
shall
be
paid
by
the
county
or
township,
as
applicable.
4.
The
state
of
Iowa
shall
be
the
beneficiary
of
an
insurance
policy
obtained
pursuant
to
this
section
and
the
policy
shall
be
for
the
use
and
benefit
of
any
corporation,
public
or
private,
or
person
injured
or
sustaining
loss,
with
a
right
of
action
in
the
name
of
the
state
for
its
or
the
corporation’s
or
person’s
use.
5.
An
insurance
policy
obtained
pursuant
to
this
section
shall
be
approved,
filed,
and
recorded
as
provided
in
sections
64.19
through
64.24.
Sec.
3.
Section
64.25,
Code
2024,
is
amended
to
read
as
follows:
64.25
Failure
to
give
bond.
1.
Action
by
any
officer
in
an
official
capacity
without
giving
bond
when
such
bond
is
required
shall
constitute
grounds
for
removal
from
office
may
be
suspended
from
office
until
the
officer
gives
a
bond
in
compliance
with
this
chapter
.
2.
Failure
to
give
a
bond
in
compliance
with
this
chapter
after
a
reasonable
time
following
a
suspension
from
office
pursuant
to
subsection
1
constitutes
grounds
for
removal
from
office.
Sec.
4.
Section
260C.12,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
The
board
of
directors
of
the
merged
area
shall
organize
at
the
first
regular
meeting
following
the
regular
school
election
or
at
a
special
meeting
called
by
the
secretary
of
the
board
to
organize
the
board
in
advance
of
the
first
regular
meeting
after
the
canvass
for
the
regular
school
election.
Organization
of
the
board
shall
be
effected
by
the
election
of
a
president
and
other
officers
from
the
board
membership
as
board
members
determine.
The
board
of
directors
shall
appoint
a
secretary
and
a
treasurer
who
shall
each
give
bond
or
be
covered
by
an
insurance
policy
as
prescribed
in
section
291.2
and
who
shall
each
receive
the
salary
determined
by
the
board.
The
secretary
and
treasurer
shall
perform
duties
House
File
2398,
p.
3
under
chapter
291
and
additional
duties
the
board
of
directors
deems
necessary.
However,
the
board
may
appoint
one
person
to
serve
as
the
secretary
and
treasurer.
If
one
person
serves
as
the
secretary
and
treasurer,
only
one
bond
or
insurance
policy
is
necessary
for
that
person.
The
frequency
of
meetings
other
than
organizational
meetings
shall
be
as
determined
by
the
board
of
directors
but
the
president
or
a
majority
of
the
members
may
call
a
special
meeting
at
any
time.
Sec.
5.
Section
279.3,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
These
officers
shall
be
appointed
from
outside
the
membership
of
the
board
and
the
appointment
and
qualification
shall
be
entered
of
record
in
the
minutes
of
the
secretary.
They
shall
qualify
within
ten
days
following
appointment
by
taking
the
oath
of
office
in
the
manner
required
by
section
277.28
and
filing
a
bond
or
obtaining
an
insurance
policy
as
required
by
section
291.2
and
shall
hold
office
until
their
successors
are
appointed
and
qualified.
Sec.
6.
Section
291.2,
Code
2024,
is
amended
to
read
as
follows:
291.2
Bonds
or
insurance
of
secretary
and
treasurer.
The
secretary
and
treasurer,
within
ten
days
after
appointment
and
before
entering
upon
the
duties
of
the
office,
shall
execute
to
the
school
corporation
a
surety
bond
,
or
shall
be
covered
by
an
insurance
policy,
in
an
amount
sufficient
to
cover
current
operations
as
determined
by
the
board.
All
such
bonds
or
insurance
policies
shall
be
continued
to
the
faithful
discharge
of
the
duties
of
the
office.
The
amount
and
sufficiency
of
all
surety
bonds
or
insurance
policies
shall
be
determined
and
approved
by
the
board
and
shall
be
filed
with
the
president.
The
cost
of
the
surety
bond
or
insurance
policy
shall
be
paid
by
the
school
corporation.
If
a
single
person
serves
as
secretary
and
treasurer,
pursuant
to
section
279.3
or
260C.12
,
only
one
bond
or
insurance
policy
is
necessary
for
that
person.
The
secretary
and
treasurer
may
give
bond
under
a
single
bond
,
or
be
covered
by
an
insurance
policy,
covering
other
employees
of
the
district.
Sec.
7.
Section
291.3,
Code
2024,
is
amended
to
read
as
follows:
House
File
2398,
p.
4
291.3
Cost
of
bond
or
insurance
policy
.
If
the
bond
or
insurance
policy
of
an
association
or
corporation
as
surety
or
insurance
is
furnished,
the
reasonable
cost
of
such
bond
or
insurance
policy
may
be
paid
by
the
school
corporation.
Sec.
8.
Section
291.4,
Code
2024,
is
amended
to
read
as
follows:
291.4
Oath.
Each
The
secretary
and
treasurer
shall
take
the
oath
required
of
civil
officers
,
which
shall
be
endorsed
upon
the
bond,
and
shall
complete
the
qualification
within
ten
days.
Sec.
9.
Section
291.5,
Code
2024,
is
amended
to
read
as
follows:
291.5
Action
on
bond
or
insurance
policy
.
In
case
of
a
breach
of
the
bond
or
insurance
policy
,
the
president
shall
bring
action
thereon
in
the
name
of
the
school
corporation.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2398,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2024
______________________________
KIM
REYNOLDS
Governor