House File 2398 - Enrolled
House File 2398
AN ACT
RELATING TO BONDS AND INSURANCE POLICIES FOR PUBLIC OFFICERS.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 63.11, Code 2024, is amended to read as
2 follows:
3 63.11 Oath on bond.
4 Every Except a secretary and treasurer under chapter 291,
5 every civil officer who is required to give bond shall take and
6 subscribe the oath provided for in section 63.10, on the back
7 of the bond, or on a paper attached thereto, to be certified by
8 the officer administering it.
9 Sec. 2. NEW SECTION. 64.3 Insurance policy in lieu of bond.
10 1. In lieu of a bond, a public officer required to obtain a
11 bond pursuant to this chapter may obtain an insurance policy in
12 an amount not less than the amounts provided in section 64.8,
13 64.10, 64.13, or 64.15, as applicable.
14 2. An insurance policy obtained pursuant to this section
15 must substantially comply with the conditions of section 64.2.
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16 3. The reasonable expenses of an insurance policy obtained
17 pursuant to this section in lieu of a bond, for which the
18 reasonable expenses of such bond would be paid for by the
19 county or township pursuant to section 64.11, 64.12, or 64.15,
20 shall be paid by the county or township, as applicable.
21 4. The state of Iowa shall be the beneficiary of an
22 insurance policy obtained pursuant to this section and the
23 policy shall be for the use and benefit of any corporation,
24 public or private, or person injured or sustaining loss, with
25 a right of action in the name of the state for its or the
26 corporation’s or person’s use.
27 5. An insurance policy obtained pursuant to this section
28 shall be approved, filed, and recorded as provided in sections
29 64.19 through 64.24.
30 Sec. 3. Section 64.25, Code 2024, is amended to read as
31 follows:
32 64.25 Failure to give bond.
33 1. Action by any officer in an official capacity without
34 giving bond when such bond is required shall constitute grounds
35 for removal from office may be suspended from office until the
1 officer gives a bond in compliance with this chapter.
2 2. Failure to give a bond in compliance with this chapter
3 after a reasonable time following a suspension from office
4 pursuant to subsection 1 constitutes grounds for removal from
5 office.
6 Sec. 4. Section 260C.12, subsection 1, Code 2024, is amended
7 to read as follows:
8 1. The board of directors of the merged area shall organize
9 at the first regular meeting following the regular school
10 election or at a special meeting called by the secretary of the
11 board to organize the board in advance of the first regular
12 meeting after the canvass for the regular school election.
13 Organization of the board shall be effected by the election
14 of a president and other officers from the board membership
15 as board members determine. The board of directors shall
16 appoint a secretary and a treasurer who shall each give bond
17 or be covered by an insurance policy as prescribed in section
18 291.2 and who shall each receive the salary determined by
19 the board. The secretary and treasurer shall perform duties
House File 2398, p. 3
20 under chapter 291 and additional duties the board of directors
21 deems necessary. However, the board may appoint one person to
22 serve as the secretary and treasurer. If one person serves
23 as the secretary and treasurer, only one bond or insurance
24 policy is necessary for that person. The frequency of meetings
25 other than organizational meetings shall be as determined by
26 the board of directors but the president or a majority of the
27 members may call a special meeting at any time.
28 Sec. 5. Section 279.3, subsection 2, Code 2024, is amended
29 to read as follows:
30 2. These officers shall be appointed from outside the
31 membership of the board and the appointment and qualification
32 shall be entered of record in the minutes of the secretary.
33 They shall qualify within ten days following appointment by
34 taking the oath of office in the manner required by section
35 277.28 and filing a bond or obtaining an insurance policy as
1 required by section 291.2 and shall hold office until their
2 successors are appointed and qualified.
3 Sec. 6. Section 291.2, Code 2024, is amended to read as
4 follows:
5 291.2 Bonds or insurance of secretary and treasurer.
6 The secretary and treasurer, within ten days after
7 appointment and before entering upon the duties of the office,
8 shall execute to the school corporation a surety bond, or shall
9 be covered by an insurance policy, in an amount sufficient
10 to cover current operations as determined by the board. All
11 such bonds or insurance policies shall be continued to the
12 faithful discharge of the duties of the office. The amount and
13 sufficiency of all surety bonds or insurance policies shall be
14 determined and approved by the board and shall be filed with
15 the president. The cost of the surety bond or insurance policy
16 shall be paid by the school corporation. If a single person
17 serves as secretary and treasurer, pursuant to section 279.3
18 or 260C.12, only one bond or insurance policy is necessary for
19 that person. The secretary and treasurer may give bond under
20 a single bond, or be covered by an insurance policy, covering
21 other employees of the district.
22 Sec. 7. Section 291.3, Code 2024, is amended to read as
23 follows:
House File 2398, p. 4
24 291.3 Cost of bond or insurance policy.
25 If the bond or insurance policy of an association or
26 corporation as surety or insurance is furnished, the reasonable
27 cost of such bond or insurance policy may be paid by the school
28 corporation.
29 Sec. 8. Section 291.4, Code 2024, is amended to read as
30 follows:
31 291.4 Oath.
32 Each The secretary and treasurer shall take the oath
33 required of civil officers, which shall be endorsed upon the
34 bond, and shall complete the qualification within ten days.
35 Sec. 9. Section 291.5, Code 2024, is amended to read as
1 follows:
2 291.5 Action on bond or insurance policy.
3 In case of a breach of the bond or insurance policy, the
4 president shall bring action thereon in the name of the school
5 corporation.
______________________________ ______________________________
PAT GRASSLEY AMY SINCLAIR
Speaker of the House 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
Statutes affected: Introduced: 64.8
Reprinted: 63.11, 63.10, 260C.12, 291.2, 277.28, 279.3, 291.4, 291.5
Enrolled: 63.11, 63.10, 260C.12, 291.2, 277.28, 279.3, 291.4, 291.5