House Study Bill 675 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON GOVERNMENT OVERSIGHT BILL BY CHAIRPERSON KAUFMANN) A BILL FOR An Act relating to disclosures of information to the auditor of 1 state. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6206YC (2) 87 ec/rn

H.F. _____ Section 1. Section 8A.417, subsection 4, Code 2018, is 1 amended to read as follows: 2 4. A person shall not discharge an employee from or take 3 or fail to take action regarding an employee’s appointment or 4 proposed appointment to, promotion or proposed promotion to, 5 or any advantage in, a position in a merit system administered 6 by, or subject to approval of, the director as a reprisal for a 7 failure by that employee to inform the person that the employee 8 made a disclosure of information permitted by this section , 9 or for a disclosure of any information by that employee to a 10 member or employee of the general assembly, or for a disclosure 11 of information to the auditor of state, or for a disclosure of 12 information to any other public official or law enforcement 13 agency if the employee reasonably believes the information 14 evidences a violation of law or rule, mismanagement, a gross 15 abuse of funds, an abuse of authority, or a substantial and 16 specific danger to public health or safety. However, an 17 employee may be required to inform the person that the employee 18 made a disclosure of information permitted by this section if 19 the employee represented that the disclosure was the official 20 position of the employee’s immediate supervisor or employer. 21 This subsection does not apply if the disclosure of the 22 information is prohibited by statute. 23 Sec. 2. Section 11.42, subsection 1, Code 2018, is amended 24 to read as follows: 25 1. Notwithstanding chapter 22 , information sent or received 26 during the course of pertaining to any audit or examination, 27 including allegations of misconduct or noncompliance, the 28 identities of complainants and witnesses, and all audit or 29 examination work papers shall be maintained as confidential. 30 Sec. 3. Section 11.42, subsection 3, Code 2018, is amended 31 to read as follows: 32 3. Upon completion of an audit or examination, a report 33 shall be prepared as required by section 11.28 and all 34 information included in the report shall be public information. 35 -1- LSB 6206YC (2) 87 ec/rn 1/ 3

H.F. _____ In addition, upon issuance of any report related to a petition 1 for a reaudit pursuant to section 11.6, subsection 4, the 2 identities of eligible electors filing a petition for the 3 reaudit shall be a public record. 4 Sec. 4. Section 70A.28, subsection 2, Code 2018, is amended 5 to read as follows: 6 2. A person shall not discharge an employee from or take 7 or fail to take action regarding an employee’s appointment 8 or proposed appointment to, promotion or proposed promotion 9 to, or any advantage in, a position in a state employment 10 system administered by, or subject to approval of, a state 11 agency as a reprisal for a failure by that employee to 12 inform the person that the employee made a disclosure of 13 information permitted by this section , or for a disclosure 14 of any information by that employee to a member or employee 15 of the general assembly, a disclosure of information to the 16 office of ombudsman, a disclosure of information to the auditor 17 of state, or a disclosure of information to any other public 18 official or law enforcement agency if the employee reasonably 19 believes the information evidences a violation of law or rule, 20 mismanagement, a gross abuse of funds, an abuse of authority, 21 or a substantial and specific danger to public health or 22 safety. However, an employee may be required to inform the 23 person that the employee made a disclosure of information 24 permitted by this section if the employee represented that 25 the disclosure was the official position of the employee’s 26 immediate supervisor or employer. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill concerns disclosures of information to the 31 auditor of state and the confidentiality of certain information 32 received pertaining to an audit or examination under Code 33 chapter 11. 34 Code sections 8A.417 and 70A.28, pertaining to certain 35 -2- LSB 6206YC (2) 87 ec/rn 2/ 3

H.F. _____ prohibited actions concerning merit system state employees and 1 state employees generally, are amended to specifically provide 2 that a person shall not take any adverse employment action 3 against a merit system employee or state employee as a reprisal 4 for a disclosure of information to the auditor of state. 5 Code section 11.42, concerning prohibited disclosures 6 relating to the auditor of state, is amended to provide that 7 any information received pertaining to an audit or examination, 8 and not just received during the course of an audit or 9 examination, shall be maintained as confidential subject to the 10 disclosure requirements of the Code section. In addition, the 11 bill specifically provides that the identities of complainants 12 and witnesses pertaining to an audit or examination shall be 13 confidential but provides that the identities of petitioners 14 for a reaudit pursuant to Code section 11.6, subsection 4, 15 shall be a public record upon completion of any report related 16 to that reaudit. 17 -3- LSB 6206YC (2) 87 ec/rn 3/ 3