SF 2059 (LSB 5141XS (3) 91)

SENATE FILE 2059

BY  SINCLAIR

A BILL FOR

An Act relating to prohibitions and requirements for state entities concerning certain actions of appointed officers of the executive branch, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 70A.28, subsection 9, Code 2026, is amended to read as follows:
   9.  For purposes of this section, “state employee” and “employee” include, but are not limited to, persons employed by the general assembly, and persons employed by the state board of regents, and officers appointed to positions in the executive branch of state government.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill includes officers appointed to positions in the executive branch of state government in the definition of “state employee” and “employee” for purposes of prohibitions on certain policies of state government entities relating to, and protections against adverse actions for, the disclosure to certain public entities of information that the employee believes to be evidence of 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; and protections against adverse actions for failure to participate in charitable contributions or donations.
   A person aggrieved by a violation of Code section 70A.28(2) (adverse action for disclosure of information) may enforce the provision through either an administrative or civil action. The bill requires the department of administrative services or the state board of regents, as applicable, to inform new officers of the provisions of Code section 70A.28. 
   By operation of law, a person who violates Code section 70A.28(1) or (2) in relation to an appointed officer of the executive branch is guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855.