Bill Text: IA HSB675 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to disclosures of information to the auditor of state.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-03-21 - Committee report, recommending passage. H.J. 653. [HSB675 Detail]
Download: Iowa-2017-HSB675-Introduced.html
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
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_____
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
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_____
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
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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
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