Senate File 502 H-1201 Amend Senate File 502, as passed by the Senate, as follows: 1 1. Page 1, before line 1 by inserting: 2 < Section 1. Section 70A.28, subsections 2 and 5, Code 2019, 3 are amended to read as follows: 4 2. A person shall not discharge an employee from or take 5 or fail to take action regarding an employee’s appointment or 6 proposed appointment to, promotion or proposed promotion to, 7 or any advantage in, a position in a state employment system 8 administered by, or subject to approval of, a state agency as a 9 reprisal for a failure by that employee to inform the person 10 that the employee made a disclosure of information permitted 11 by this section , or for a disclosure of any information by 12 that employee to a member or employee of the general assembly, 13 a disclosure of information to the office of ombudsman, a 14 disclosure of information to a person providing human resource 15 management for the state, or a disclosure of information to any 16 other public official or law enforcement agency if the employee 17 reasonably believes the information evidences a violation 18 of law or rule, mismanagement, a gross abuse of funds, an 19 abuse of authority, or a substantial and specific danger to 20 public health or safety. However, an employee may be required 21 to inform the person that the employee made a disclosure 22 of information permitted by this section if the employee 23 represented that the disclosure was the official position of 24 the employee’s immediate supervisor or employer. 25 5. Subsection 2 may be enforced through a civil action. 26 a. A person who violates subsection 2 is liable to 27 an aggrieved employee for affirmative relief including 28 reinstatement, with or without back pay, or civil damages in an 29 amount not to exceed three times the annual wages and benefits 30 received by the aggrieved employee prior to the violation of 31 subsection 2, and any other equitable relief the court deems 32 appropriate, including attorney fees and costs. 33 b. When a person commits, is committing, or proposes to 34 commit an act in violation of subsection 2 , an injunction may 35 -1- SF502.1395 (3) 88 ec/rn 1/ 2 #1.
be granted through an action in district court to prohibit the 1 person from continuing such acts. The action for injunctive 2 relief may be brought by an aggrieved employee , or the attorney 3 general , or a person providing human resource management for 4 the state . > 5 2. Title page, line 2, after < employees of > by inserting 6 < the state and > 7 3. By renumbering as necessary. 8 ______________________________ COMMITTEE ON STATE GOVERNMENT KAUFMANN of Cedar, Chairperson -2- SF502.1395 (3) 88 ec/rn 2/ 2 #2. #3.