Senate File 392 - Introduced SENATE FILE 392 BY McCOY A BILL FOR An Act relating to whistleblower protection for state employees 1 and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1042XS (2) 84 je/rj

S.F. 392 Section 1. Section 70A.28, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 4A. It shall not be a defense to an 3 alleged violation of subsection 1 or 2 that a person alleged 4 to have violated subsection 1 or 2 was acting within the scope 5 of the employee’s office or employment as defined in section 6 669.2, subsection 1. The penalty and remedial provisions of 7 subsections 4 through 6 apply to a violation of subsection 1 8 or 2 by such a person. 9 EXPLANATION 10 This bill prohibits the assertion of a scope of employment 11 defense within the meaning of Code section 669.2(1) by an 12 employee of the state alleged to have violated the state 13 whistleblower law. The bill applies the penalty and remedial 14 provisions of the state whistleblower law to such an employee. 15 Under Code section 70A.28(4), a violation of the bill is a 16 simple misdemeanor. A simple misdemeanor is punishable by 17 confinement for no more than 30 days or a fine of at least 18 $65 but not more than $625 or both. Civil and administrative 19 remedies also apply. 20 -1- LSB 1042XS (2) 84 je/rj 1/ 1