Senate
Study
Bill
1132
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
DANIELSON)
A
BILL
FOR
An
Act
concerning
disclosures
of
information
by
public
1
employees
and
certain
employees
funded
by
public
money.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
8A.417,
subsection
4,
Code
2015,
is
1
amended
by
striking
the
subsection
and
inserting
in
lieu
2
thereof
the
following:
3
4.
a.
For
purposes
of
this
subsection,
“a
disclosure
of
4
information
permitted
by
this
section”
includes
any
of
the
5
following:
6
(1)
A
disclosure
of
any
information
by
the
employee
to
a
7
member
or
employee
of
the
general
assembly
if
the
information
8
can
be
used
by
the
member
or
employee
of
the
general
assembly
9
in
the
performance
of
the
member’s
or
employee’s
duties,
10
regardless
of
whether
the
member
or
employee
requested
the
11
information.
12
(2)
A
disclosure
of
information
to
any
appropriate
person
13
if
the
employee
reasonably
believes
the
information
evidences
14
a
violation
of
law
or
rule,
mismanagement,
a
gross
abuse
of
15
funds,
an
abuse
of
authority,
or
a
substantial
and
specific
16
danger
to
public
health
or
safety.
17
b.
A
person
shall
not
do
any
of
the
following
as
a
18
reprisal
against
an
employee
in
a
position
in
a
merit
system
19
administered
by,
or
subject
to
approval
of,
the
director,
who
20
makes
a
disclosure
of
information
permitted
by
this
section
21
or
who
fails
to
inform
the
person
that
the
employee
made
a
22
disclosure
of
information
permitted
by
this
section:
23
(1)
Discharge,
suspend,
or
demote
the
employee,
or
take
any
24
other
adverse
employment
action
resulting
in
a
reduction
of
the
25
employee’s
pay.
26
(2)
Fail
to
appoint
or
promote
the
employee
to
a
position
in
27
the
merit
system
or
fail
to
take
action
regarding
an
advantage
28
to
the
employee.
29
c.
However,
an
employee
may
be
required
to
inform
the
30
person
that
the
employee
made
a
disclosure
of
information
31
permitted
by
this
section
if
the
employee
represented
that
32
the
disclosure
was
the
official
position
of
the
employee’s
33
immediate
supervisor
or
employer.
34
d.
An
employer
subject
to
the
requirements
of
this
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subsection
shall
inform
the
employer’s
employees
on
a
regular
1
basis
of
their
rights
to
disclose
information
as
provided
in
2
this
subsection.
3
e.
This
subsection
does
not
apply
if
the
disclosure
of
the
4
information
is
prohibited
by
statute.
5
Sec.
2.
Section
8F.3,
subsection
1,
paragraph
d,
Code
2015,
6
is
amended
to
read
as
follows:
7
d.
Information
regarding
any
policies
adopted
by
the
8
governing
body
of
the
recipient
entity
that
ensure
compliance
9
with
section
70A.29
and
that
prohibit
taking
adverse
employment
10
action
against
employees
of
the
recipient
entity
who
disclose
11
information
about
a
service
contract
to
the
oversight
agency,
12
the
auditor
of
state,
the
office
of
the
attorney
general,
or
13
the
office
of
ombudsman
and
that
state
whether
those
policies
14
are
substantially
similar
to
the
protection
provided
to
state
15
employees
under
section
70A.28
.
The
information
provided
shall
16
state
whether
employees
of
the
recipient
entity
are
informed
17
on
a
regular
basis
of
their
rights
pursuant
to
section
70A.29
18
and
of
their
rights
to
disclose
information
to
the
oversight
19
agency,
the
office
of
ombudsman,
the
auditor
of
state,
or
the
20
office
of
the
attorney
general
and
the
telephone
numbers
of
21
those
organizations.
22
Sec.
3.
Section
70A.28,
subsection
1,
Code
2015,
is
amended
23
to
read
as
follows:
24
1.
A
person
who
serves
as
the
head
of
a
state
department
or
25
agency
or
otherwise
serves
in
a
supervisory
capacity
within
the
26
executive
or
legislative
branch
of
state
government
shall
not
27
prohibit
an
employee
of
the
state
from
making
a
disclosure
of
28
information
permitted
by
this
section
or
require
an
employee
29
of
the
state
to
inform
the
person
that
the
employee
made
30
a
disclosure
of
information
permitted
by
this
section
and
31
shall
not
prohibit
an
employee
of
the
state
from
disclosing
32
any
information
to
a
member
or
employee
of
the
general
33
assembly
or
from
disclosing
information
to
any
other
public
34
official
or
law
enforcement
agency
if
the
employee
reasonably
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believes
the
information
evidences
a
violation
of
law
or
rule,
1
mismanagement,
a
gross
abuse
of
funds,
an
abuse
of
authority,
2
or
a
substantial
and
specific
danger
to
public
health
or
3
safety
.
However,
an
employee
may
be
required
to
inform
the
4
person
that
the
employee
made
a
disclosure
of
information
5
permitted
by
this
section
if
the
employee
represented
that
6
the
disclosure
was
the
official
position
of
the
employee’s
7
immediate
supervisor
or
employer.
8
Sec.
4.
Section
70A.28,
subsection
2,
Code
2015,
is
amended
9
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
10
following:
11
2.
a.
A
person
shall
not
do
any
of
the
following
as
12
a
reprisal
against
an
employee
in
a
position
in
a
state
13
employment
system
administered
by,
or
subject
to
approval
of,
a
14
state
agency,
who
makes
a
disclosure
of
information
permitted
15
by
this
section
or
who
fails
to
inform
the
person
that
the
16
employee
made
a
disclosure
of
information
permitted
by
this
17
section:
18
(1)
Discharge,
suspend,
or
demote
the
employee,
or
take
any
19
other
adverse
employment
action
resulting
in
a
reduction
of
the
20
employee’s
pay.
21
(2)
Fail
to
appoint
or
promote
the
employee
to
a
position
in
22
the
state
employment
system
or
fail
to
take
action
regarding
23
an
advantage
to
the
employee.
24
b.
However,
an
employee
may
be
required
to
inform
the
25
person
that
the
employee
made
a
disclosure
of
information
26
permitted
by
this
section
if
the
employee
represented
that
27
the
disclosure
was
the
official
position
of
the
employee’s
28
immediate
supervisor
or
employer.
29
Sec.
5.
Section
70A.28,
Code
2015,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
2A.
For
purposes
of
this
section,
“a
32
disclosure
of
information
permitted
by
this
section”
includes
any
33
of
the
following:
34
a.
A
disclosure
of
any
information
by
the
employee
to
a
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member
or
employee
of
the
general
assembly
if
the
information
1
can
be
used
by
the
member
or
employee
of
the
general
assembly
2
in
the
performance
of
the
member’s
or
employee’s
duties,
3
regardless
of
whether
the
member
or
employee
requested
the
4
information.
5
b.
A
disclosure
of
information
to
any
appropriate
person
6
if
the
employee
reasonably
believes
the
information
evidences
7
a
violation
of
law
or
rule,
mismanagement,
a
gross
abuse
of
8
funds,
an
abuse
of
authority,
or
a
substantial
and
specific
9
danger
to
public
health
or
safety.
10
Sec.
6.
Section
70A.28,
subsection
5,
paragraph
a,
Code
11
2015,
is
amended
to
read
as
follows:
12
a.
A
person
who
violates
subsection
2
is
liable
to
13
an
aggrieved
employee
for
affirmative
relief
including
14
reinstatement,
with
or
without
back
pay,
actual
damages,
or
any
15
other
equitable
relief
the
court
deems
appropriate,
including
16
attorney
fees
and
costs.
17
Sec.
7.
Section
70A.29,
Code
2015,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
01.
For
purposes
of
this
section,
unless
20
the
context
otherwise
requires:
21
a.
“Disclosure
of
information
permitted
by
this
section”
22
includes
any
of
the
following:
23
(1)
A
disclosure
of
any
information
by
the
employee
to
a
24
member
or
employee
of
the
general
assembly
if
the
information
25
can
be
used
by
the
member
or
employee
of
the
general
assembly
26
in
the
performance
of
the
member’s
or
employee’s
duties,
27
regardless
of
whether
the
member
or
employee
requested
the
28
information.
29
(2)
A
disclosure
of
information
to
any
appropriate
person
30
if
the
employee
reasonably
believes
the
information
evidences
31
a
violation
of
law
or
rule,
mismanagement,
a
gross
abuse
of
32
funds,
an
abuse
of
authority,
or
a
substantial
and
specific
33
danger
to
public
health
or
safety.
34
b.
“Eligible
employer”
means
any
of
the
following:
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(1)
A
political
subdivision
of
this
state.
1
(2)
An
entity
organized
under
chapter
28E.
2
(3)
A
recipient
entity
as
defined
in
section
8F.2.
3
Sec.
8.
Section
70A.29,
subsection
1,
Code
2015,
is
amended
4
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
5
following:
6
1.
a.
A
person
shall
not
do
any
of
the
following
as
a
7
reprisal
against
an
employee
in
a
position
in
employment
by
an
8
eligible
employer
for
a
disclosure
of
information
permitted
by
9
this
section:
10
(1)
Discharge,
suspend,
or
demote
the
employee,
or
take
any
11
other
adverse
employment
action
resulting
in
a
reduction
of
the
12
employee’s
pay.
13
(2)
Fail
to
appoint
or
promote
the
employee
to
a
position
in
14
the
employment
or
fail
to
take
action
regarding
an
advantage
to
15
the
employee.
16
b.
This
section
does
not
apply
if
the
disclosure
of
the
17
information
is
prohibited
by
statute.
18
Sec.
9.
Section
70A.29,
subsection
3,
paragraph
a,
Code
19
2015,
is
amended
to
read
as
follows:
20
a.
A
person
who
violates
subsection
1
is
liable
to
21
an
aggrieved
employee
for
affirmative
relief
including
22
reinstatement,
with
or
without
back
pay,
actual
damages,
or
any
23
other
equitable
relief
the
court
deems
appropriate,
including
24
attorney
fees
and
costs.
25
Sec.
10.
Section
70A.29,
Code
2015,
is
amended
by
adding
the
26
following
new
subsection:
27
NEW
SUBSECTION
.
4.
An
eligible
employer
subject
to
the
28
requirements
of
this
section
shall
inform
the
employer’s
29
employees
on
a
regular
basis
of
their
rights
to
disclose
30
information
as
provided
in
this
section.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
concerns
whistleblower
protection.
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Code
sections
8A.417
and
70A.28
are
amended
to
allow
1
disclosure
of
information
by
a
state
employee
to
any
2
appropriate
person,
and
not
just
to
a
public
official
or
law
3
enforcement
agency,
if
the
employee
believes
the
information
4
evidences
a
violation
of
law,
mismanagement,
a
gross
abuse
of
5
funds,
an
abuse
of
authority,
or
a
substantial
and
specific
6
danger
to
public
health
or
safety.
The
Code
sections
are
7
amended
to
also
prohibit
action
by
the
employer
to
discharge,
8
suspend,
demote,
or
take
any
other
adverse
employment
action
9
resulting
in
a
reduction
of
pay
of
an
employee
making
a
10
disclosure
pursuant
to
the
Code
sections.
Code
section
8A.417
11
is
also
amended
to
require
applicable
employers
to
inform
their
12
employees
of
their
rights
concerning
disclosures.
Code
section
13
70A.28
is
further
amended
to
provide
that
actual
damages
may
14
be
awarded
in
an
action
seeking
relief
for
a
violation
of
the
15
disclosure
provisions
of
that
Code
section.
16
Code
section
70A.29,
concerning
disclosures
of
information
17
by
an
employee
of
a
political
subdivision,
is
amended
to
18
include
employees
of
an
entity
created
under
Code
chapter
28E
19
and
an
intergovernmental
entity
or
a
private
agency
that
enters
20
into
a
service
contract
with
an
oversight
agency
to
provide
21
services
which
will
be
paid
for
with
local
governmental,
22
state,
or
federal
moneys,
that
is
a
recipient
entity
under
23
Code
chapter
8F
governing
service
contracts.
The
Code
24
section
is
also
amended
to
allow
disclosure
of
information
25
by
an
applicable
employee
to
any
appropriate
person,
and
not
26
just
to
a
public
official
or
law
enforcement
agency,
if
the
27
employee
believes
the
information
evidences
a
violation
of
law,
28
mismanagement,
a
gross
abuse
of
funds,
an
abuse
of
authority,
29
or
a
substantial
and
specific
danger
to
public
health
or
30
safety.
The
Code
section
is
also
amended
to
prohibit
action
31
by
an
eligible
employer
to
discharge,
suspend,
demote,
or
take
32
any
other
adverse
employment
action
resulting
in
a
reduction
33
of
pay
of
an
employee
making
a
disclosure
pursuant
to
the
34
Code
section,
to
provide
that
actual
damages
may
be
awarded
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in
an
action
seeking
relief
for
a
violation
of
the
disclosure
1
provisions
of
the
Code
section,
and
to
require
eligible
2
employers
to
inform
their
employees
of
their
rights
concerning
3
disclosures.
Code
section
8F.3
is
amended
to
reflect
that
4
employees
of
a
recipient
entity
under
this
Code
chapter
are
5
subject
to
the
disclosure
provisions
of
Code
section
70A.29.
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