House File 2380 - Introduced
HOUSE FILE
BY PETTENGILL, DAVITT, HUNTER,
STRUYK, MERTZ, McCARTHY, WISE,
PETERSEN, D. TAYLOR, SWAIM,
THOMAS, T. TAYLOR, JOCHUM,
LENSING, WESSEL=KROESCHELL,
GASKILL, HEDDENS, LYKAM, WHITEAD,
R. OLSON, FOEGE, REICHERT,
REASONER, SCHUELLER, WHITAKER,
BUKTA, and HUTTER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act concerning disclosures of information by state employees
2 to a member or employee of the general assembly.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6300HH 81
5 ec/je/5
PAG LIN
1 1 Section 1. Section 8A.417, subsection 4, Code 2005, is
1 2 amended to read as follows:
1 3 4. A person shall not discharge an employee from or take
1 4 or 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 making a disclosure of information permitted by this section
1 9 or for a failure by that employee to inform the person that
1 10 the employee made a disclosure of information permitted by
1 11 this section, or for a disclosure of any information by that
1 12 employee to a member or employee of the general assembly, or
1 13 for a disclosure of information to any other public official
1 14 or law enforcement agency if the employee reasonably believes
1 15 the information evidences a violation of law or rule,
1 16 mismanagement, a gross abuse of funds, an abuse of authority,
1 17 or a substantial and specific danger to public health or
1 18 safety. However, an employee may be required to inform the
1 19 person that the employee made a disclosure of information
1 20 permitted by this section if the employee represented that the
1 21 disclosure was the official position of the employee's
1 22 immediate supervisor or employer. This subsection does not
1 23 apply if the disclosure of the information is prohibited by
1 24 statute. For purposes of this subsection, "a disclosure of
1 25 information permitted by this section" includes any of the
1 26 following:
1 27 a. A disclosure of any information by that employee to a
1 28 member or employee of the general assembly if the information
1 29 can be used by the member or employee of the general assembly
1 30 in the performance of the member's or employee's duties,
1 31 regardless of whether the member or employee requested the
1 32 information.
1 33 b. A disclosure of information to any other public
1 34 official or law enforcement agency if the employee reasonably
1 35 believes the information evidences a violation of law or rule,
2 1 mismanagement, a gross abuse of funds, an abuse of authority,
2 2 or a substantial and specific danger to public health or
2 3 safety.
2 4 Sec. 2. Section 70A.28, subsections 1 and 2, Code 2005,
2 5 are amended to read as follows:
2 6 1. A person who serves as the head of a state department
2 7 or agency or otherwise serves in a supervisory capacity within
2 8 the executive or legislative branch of state government shall
2 9 not prohibit an employee of the state from making a disclosure
2 10 of information permitted by this section or require an
2 11 employee of the state to inform the person that the employee
2 12 made a disclosure of information permitted by this section and
2 13 shall not prohibit an employee of the state from disclosing
2 14 any information to a member or employee of the general
2 15 assembly or from disclosing information to any other public
2 16 official or law enforcement agency if the employee reasonably
2 17 believes the information evidences a violation of law or rule,
2 18 mismanagement, a gross abuse of funds, an abuse of authority,
2 19 or a substantial and specific danger to public health or
2 20 safety. However, an employee may be required to inform the
2 21 person that the employee made a disclosure of information
2 22 permitted by this section if the employee represented that the
2 23 disclosure was the official position of the employee's
2 24 immediate supervisor or employer.
2 25 2. A person shall not discharge an employee from or take
2 26 or fail to take action regarding an employee's appointment or
2 27 proposed appointment to, promotion or proposed promotion to,
2 28 or any advantage in, a position in a state employment system
2 29 administered by, or subject to approval of, a state agency as
2 30 a reprisal for making a disclosure of information permitted by
2 31 this section or for a failure by that employee to inform the
2 32 person that the employee made a disclosure of information
2 33 permitted by this section, or for a disclosure of any
2 34 information by that employee to a member or employee of the
2 35 general assembly, or a disclosure of information to any other
3 1 public official or law enforcement agency if the employee
3 2 reasonably believes the information evidences a violation of
3 3 law or rule, mismanagement, a gross abuse of funds, an abuse
3 4 of authority, or a substantial and specific danger to public
3 5 health or safety. However, an employee may be required to
3 6 inform the person that the employee made a disclosure of
3 7 information permitted by this section if the employee
3 8 represented that the disclosure was the official position of
3 9 the employee's immediate supervisor or employer.
3 10 2A. For purposes of this section, "a disclosure of
3 11 information permitted by this section" includes any of the
3 12 following:
3 13 a. A disclosure of any information by that employee to a
3 14 member or employee of the general assembly if the information
3 15 can be used by the member or employee of the general assembly
3 16 in the performance of the member's or employee's duties,
3 17 regardless of whether the member or employee requested the
3 18 information.
3 19 b. A disclosure of information to any other public
3 20 official or law enforcement agency if the employee reasonably
3 21 believes the information evidences a violation of law or rule,
3 22 mismanagement, a gross abuse of funds, an abuse of authority,
3 23 or a substantial and specific danger to public health or
3 24 safety.
3 25 Sec. 3. Section 70A.29, subsection 1, Code 2005, is
3 26 amended to read as follows:
3 27 1. A person shall not discharge an employee from or take
3 28 or fail to take action regarding an employee's appointment or
3 29 proposed appointment to, promotion or proposed promotion to,
3 30 or any advantage in, a position in employment by a political
3 31 subdivision of this state as a reprisal for a disclosure of
3 32 any information by that employee to a member or employee of
3 33 the general assembly, or an official of that political
3 34 subdivision or a state official or for a disclosure of
3 35 information to any other public official or law enforcement
4 1 agency if the employee reasonably believes the information
4 2 evidences a violation of law or rule, mismanagement, a gross
4 3 abuse of funds, an abuse of authority, or a substantial and
4 4 specific danger to public health or safety permitted by this
4 5 section. This section does not apply if the disclosure of the
4 6 information is prohibited by statute. For purposes of this
4 7 subsection, "a disclosure of information permitted by this
4 8 section" includes any of the following:
4 9 a. A disclosure of any information by that employee to a
4 10 member or employee of the general assembly if the information
4 11 can be used by the member or employee of the general assembly
4 12 in the performance of the member's or employee's duties,
4 13 regardless of whether the member or employee requested the
4 14 information.
4 15 b. A disclosure of information to any other public
4 16 official or law enforcement agency if the employee reasonably
4 17 believes the information evidences a violation of law or rule,
4 18 mismanagement, a gross abuse of funds, an abuse of authority,
4 19 or a substantial and specific danger to public health or
4 20 safety.
4 21 EXPLANATION
4 22 This bill prohibits a person from taking adverse personnel
4 23 action against a state employee who discloses any information
4 24 to a member or employee of the general assembly if the
4 25 information can be used by the member or employee in the
4 26 performance of the member's or employee's duties, regardless
4 27 of whether the member or employee requested the information.
4 28 LSB 6300HH 81
4 29 ec:rj/je/5