SF 2026 (LSB 5039XS (5) 90)

SENATE FILE 2026

BY  SWEENEY

A BILL FOR

An Act relating to disclosure to the general assembly of information concerning nongovernmental employers and providing penalties and remedies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  2.80  Prohibitions relating to disclosure to the general assembly —— nongovernmental employers —— penalty —— civil remedies.
   1.  For purposes of this section, “employer” means a person who employs an employee in this state for wages. “Employer” does not include the state; any political subdivision of the state; or any state or local government official, officer, district, institution, agency, board, or other body.
   2.  An employer shall not do any of the following:
   a.  Prohibit an employee from disclosing any information to a member or employee of the general assembly if the employee reasonably believes the information evidences a violation of law or rule, mismanagement, a gross abuse of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
   b.  Require an employee to inform the employer that the employee made a disclosure of information permitted by this section.
   3.  An employer shall not discharge from employment, demote or fail to promote, or take other adverse employment action against an employee as a reprisal for any of the following:
   a.  Disclosure of any information by the employee to a member or employee of the general assembly if the employee, in good faith, reasonably believed the information evidences a violation of law or rule, mismanagement, a gross abuse of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
   b.  Failure by the employee to inform the employer that the employee made a disclosure of information permitted by this section.
   4.  Subsections 2 and 3 do not apply if the disclosure of the information is prohibited by statute.
   5.  An employer who violates subsection 2 or 3 commits a simple misdemeanor.
   6.  Subsection 3 may be enforced through a civil action.
   a.  An employer who violates subsection 3 is liable to an aggrieved employee for affirmative relief including reinstatement, with or without back pay, civil damages in an amount not to exceed three times the annual wages and benefits received by the aggrieved employee prior to the violation of subsection 3, and any other equitable relief the court deems appropriate, including attorney fees and costs.
   b.  When an employer commits, is committing, or proposes to commit an act in violation of subsection 3, an aggrieved employee may bring an action for injunctive relief in district court to prohibit the employer from engaging in such acts.
   7.  If an employee makes a disclosure of information to a member or employee of the general assembly permitted by this section, such disclosure, any information disclosed, and any communication between the employee and the member or employee of the general assembly relating to the disclosure are confidential. The employee or the member or employee of the general assembly shall not be compelled to disclose such matters under chapter 22 or any other provision of law and cannot be examined as to such matters under section 622.11. The employee or the member or employee of the general assembly may choose to provide information disclosed as permitted by this section to a law enforcement agency or other government agency for use in the agency’s official duties.
   8.  The legislative services agency shall post a notice of the provisions of this section on the general assembly’s internet site.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to disclosure to the general assembly of information concerning nongovernmental employers.
   The bill provides that an employer, as defined in the bill, cannot prohibit an employee from disclosing any information to a member or employee of the general assembly if the employee reasonably believes the information evidences a violation of law or rule, mismanagement, a gross abuse of funds, an abuse of authority, or a substantial and specific danger to public health or safety. The employer additionally cannot require an employee to inform the employer that the employee made such a disclosure. The bill further prohibits the employer from discharging from employment, demoting or failing to promote, or taking other adverse employment action against an employee as a reprisal for such actions. An employer violating these provisions commits a simple misdemeanor. These provisions do not apply if the disclosure of the information is prohibited by statute.
   An employee may enforce the prohibition on adverse employment action through a civil action. An employer who violates the prohibition is liable to an aggrieved employee for relief as provided in the bill, and an aggrieved employee may also seek injunctive relief.
   If an employee makes a permitted disclosure of information to a member or employee of the general assembly, such disclosure, any information disclosed, and any communication between the employee and the member or employee of the general assembly relating to the disclosure are confidential. Such matters are not subject to compelled disclosure under any provision of law. The employee or the member or employee of the general assembly may choose to provide information disclosed as permitted by the bill to a law enforcement agency or other government agency for use in the agency’s official duties.
   The bill requires the legislative services agency to post a notice of the provisions of the bill on the general assembly’s internet site.