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 TLSB 2056XC (2) 86 ec/rj
S.F. _____ 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 35 -1- LSB 2056XC (2) 86 ec/rj 1/ 7
S.F. _____ 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 35 -2- LSB 2056XC (2) 86 ec/rj 2/ 7
S.F. _____ 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 35 -3- LSB 2056XC (2) 86 ec/rj 3/ 7
S.F. _____ 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: 35 -4- LSB 2056XC (2) 86 ec/rj 4/ 7
S.F. _____ (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. 35 -5- LSB 2056XC (2) 86 ec/rj 5/ 7
S.F. _____ 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 35 -6- LSB 2056XC (2) 86 ec/rj 6/ 7
S.F. _____ 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. 6 -7- LSB 2056XC (2) 86 ec/rj 7/ 7