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Text: HF02087                           Text: HF02089
Text: HF02000 - HF02099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 2088

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 19A.19, unnumbered paragraph 4, Code
  1  2 1995, is amended to read as follow:
  1  3    A person shall not discharge an employee from or take or
  1  4 fail to take action regarding an employee's appointment or
  1  5 proposed appointment to, promotion or proposed promotion to,
  1  6 or any advantage in, a position in a merit system administered
  1  7 by, or subject to approval of, the director as a reprisal for
  1  8 a failure by that employee to inform the person that the
  1  9 employee made a disclosure of information permitted by this
  1 10 section, or for a disclosure of any information by that
  1 11 employee to a member or employee of the general assembly, or
  1 12 for a disclosure of information to any other public official
  1 13 or law enforcement agency if the employee reasonably believes
  1 14 the information evidences a violation of law or rule,
  1 15 mismanagement, a gross abuse of funds, an abuse of authority,
  1 16 or a substantial and specific danger to public health or
  1 17 safety.  However, this paragraph does not apply if the
  1 18 disclosure of the information is prohibited by statute.
  1 19    Sec. 2.  Section 70A.28, subsection 1, Code 1995, is
  1 20 amended to read as follows:
  1 21    1.  A person who serves as the head of a state department
  1 22 or agency or otherwise serves in a supervisory capacity within
  1 23 the executive branch of state government shall not require an
  1 24 employee of the state to inform the person that the employee
  1 25 made a disclosure of information permitted by this section and
  1 26 shall not prohibit an employee of the state from disclosing
  1 27 any information to a member or employee of the general
  1 28 assembly or from disclosing information to any other public
  1 29 official or law enforcement agency if the employee reasonably
  1 30 believes the information evidences a violation of law or rule,
  1 31 mismanagement, a gross abuse of funds, an abuse of authority,
  1 32 or a substantial and specific danger to public health or
  1 33 safety.
  1 34    Sec. 3.  Section 70A.28, subsection 2, Code 1995, is
  1 35 amended to read as follows:
  2  1    2.  A person shall not discharge an employee from or take
  2  2 or fail to take action regarding an employee's appointment or
  2  3 proposed appointment to, promotion or proposed promotion to,
  2  4 or any advantage in, a position in a state employment system
  2  5 administered by, or subject to approval of, a state agency as
  2  6 a reprisal for a failure by that employee to inform the person
  2  7 that the employee made a disclosure of information permitted
  2  8 by this section, or for a disclosure of any information by
  2  9 that employee to a member or employee of the general assembly,
  2 10 or a disclosure of information to any other public official or
  2 11 law enforcement agency if the employee reasonably believes the
  2 12 information evidences a violation of law or rule,
  2 13 mismanagement, a gross abuse of funds, an abuse of authority,
  2 14 or a substantial and specific danger to public health or
  2 15 safety.  
  2 16                           EXPLANATION
  2 17    This bill provides that a person who serves in a
  2 18 supervisory capacity within the executive branch of state
  2 19 government shall not require an employee of the state to
  2 20 inform that person that the employee made a disclosure of
  2 21 information otherwise permitted by section 70A.28, relating to
  2 22 public officers and employers, to be made to the general
  2 23 assembly or any other public official or law enforcement
  2 24 agency.  The bill also provides that no adverse employment
  2 25 decision can be made by a person involved with state govern-
  2 26 ment as a reprisal for a state employee not informing that
  2 27 person that a disclosure of information otherwise permitted by
  2 28 section 19A.19, relating to the state merit employment system,
  2 29 or section 70A.28, was made.  A violation of this protection
  2 30 constitutes a simple misdemeanor and the prohibition
  2 31 concerning employment reprisals can be enforced through a
  2 32 civil action.  
  2 33 LSB 3353HH 76
  2 34 ec/jw/5
     

Text: HF02087                           Text: HF02089
Text: HF02000 - HF02099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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